[Congressional Record Volume 145, Number 165 (Friday, November 19, 1999)]
[Senate]
[Pages S15156-S15157]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             LEWIS AND CLARK RURAL WATER SYSTEM ACT OF 1999

  The Senate proceeded to consider the bill (S. 244) to authorize the 
construction of the Lewis and Clark Rural Water System and to authorize 
assistance to the Lewis and Clark Rural Water System, Inc., a nonprofit 
corporation, for the planning and construction of the water supply 
system, and for other purposes, which had been reported from the 
Committee on Energy and Natural Resources, with an amendment to strike 
all after the enacting clause and inserting in lieu thereof the 
following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Lewis and Clark Rural Water 
     System Act of 1999''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Environmental enhancement.--The term ``environmental 
     enhancement'' means the wetland and wildlife enhancement 
     activities that are carried out substantially in accordance 
     with the environmental enhancement component of the 
     feasibility study.
       (2) Environmental enhancement component.--The term 
     ``environmental enhancement component'' means the proposals 
     described in the report entitled ``Wetlands and Wildlife 
     Enhancement for the Lewis and Clark Rural Water System'', 
     dated December 1994.
       (3) Feasibility study.--The term ``feasibility study'' 
     means the study entitled ``Feasibility Level Evaluation of a 
     Missouri River Regional Water Supply for South Dakota, Iowa 
     and Minnesota'', dated September 1993, that includes a water 
     conservation plan, environmental report, and environmental 
     enhancement component.
       (4) Incremental cost.--The term ``incremental cost'' means 
     the cost of the savings to the project were the city of Sioux 
     Falls not to participate in the water supply system.
       (5) Member entity.--The term ``member entity'' means a 
     rural water system or municipality that meets the 
     requirements for membership as defined by the Lewis and Clark 
     Rural Water System, Inc. bylaws, dated September 6, 1990.
       (6) Project construction budget.--The term ``project 
     construction budget'' means the description of the total 
     amount of funds needed for the construction of the water 
     supply project, as contained in the feasibility study.
       (7) Pumping and incidental operational requirements.--The 
     term ``pumping and incidental operational requirements'' 
     means all power requirements that are necessary for the 
     operation of intake facilities, pumping stations, water 
     treatment facilities, reservoirs, and pipelines up to the 
     point of delivery of water by the water supply system to each 
     member entity that distributes water at retail to individual 
     users.
       (8) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (9) Water supply project.--
       (A) In general.--The term ``water supply project'' means 
     the physical components of the Lewis and Clark Rural Water 
     Project.
       (B) Inclusions.--The term ``water supply project'' 
     includes--
       (i) necessary pumping, treatment, and distribution 
     facilities;

[[Page S15157]]

       (ii) pipelines;
       (iii) appurtenant buildings and property rights;
       (iv) electrical power transmission and distribution 
     facilities necessary for services to water systems 
     facilities; and
       (v) such other pipelines, pumping plants, and facilities as 
     the Secretary considers necessary and appropriate to meet the 
     water supply, economic, public health, and environment needs 
     of the member entities (including water storage tanks, water 
     lines, and other facilities for the member entities).
       (10) Water supply system.--The term ``water supply system'' 
     means the Lewis and Clark Rural Water System, Inc., a 
     nonprofit corporation established and operated substantially 
     in accordance with the feasibility study.

     SEC. 3. FEDERAL ASSISTANCE FOR THE WATER SUPPLY SYSTEM.

       (a) In General.--The Secretary shall make grants to the 
     water supply system for the planning and construction of the 
     water supply project.
       (b) Service Area.--The water supply system shall provide 
     for the member entities safe and adequate municipal, rural, 
     and industrial water supplies, environmental enhancement, 
     mitigation of wetland areas, and water conservation in--
       (1) Lake County, McCook County, Minnehaha County, Turner 
     County, Lincoln County, Clay County, and Union County, in 
     southeastern South Dakota;
       (2) Rock County and Nobles County, in southwestern 
     Minnesota; and
       (3) Lyon County, Sioux County, Osceola County, O'Brien 
     County, Dickinson County, and Clay County, in northwestern 
     Iowa.
       (c) Amount of Grants.--Grants made available under 
     subsection (a) to the water supply system shall not exceed 
     the amount of funds authorized under section 9.
       (d) Limitation on Availability of Construction Funds.--The 
     Secretary shall not obligate funds for the construction of 
     the water supply project until--
       (1) the requirements of the National Environmental Policy 
     Act of 1969 (42 U.S.C. 4321 et seq.) are met; and
       (2) a final engineering report and a plan for a water 
     conservation program are prepared and submitted to Congress 
     not less than 90 days before the commencement of construction 
     of the water supply project.

     SEC. 4. FEDERAL ASSISTANCE FOR THE ENVIRONMENTAL ENHANCEMENT 
                   COMPONENT.

       (a) Initial Development.--The Secretary shall make grants 
     and other funds available to the water supply system and 
     other private, State, and Federal entities, for the initial 
     development of the environmental enhancement component.
       (b) Nonreimbursement.--Funds provided under subsection (a) 
     shall be nonreimbursable and nonreturnable.

     SEC. 5. MITIGATION OF FISH AND WILDLIFE LOSSES.

       Mitigation for fish and wildlife losses incurred as a 
     result of the construction and operation of the water supply 
     project shall be on an acre-for-acre basis, based on 
     ecological equivalency, concurrent with project construction, 
     as provided in the feasibility study.

     SEC. 6. USE OF PICK-SLOAN POWER.

       (a) In General.--From power designated for future 
     irrigation and drainage pumping for the Pick-Sloan Missouri 
     River Basin Program, the Western Area Power Administration 
     shall make available the capacity and energy required to meet 
     the pumping and incidental operational requirements of the 
     water supply project during the period beginning May 1 and 
     ending October 31 of each year.
       (b) Conditions.--The capacity and energy described in 
     subsection (a) shall be made available on the following 
     conditions:
       (1) The water supply system shall be operated on a not-for-
     profit basis.
       (2) The water supply system shall contract to purchase the 
     entire electric service requirements of the project, 
     including the capacity and energy made available under 
     subsection (a), from a qualified preference power supplier 
     that itself purchases power from the Western Area Power 
     Administration.
       (3) The rate schedule applicable to the capacity and energy 
     made available under subsection (a) shall be the firm power 
     rate schedule of the Pick-Sloan Eastern Division of the 
     Western Area Power Administration in effect when the power is 
     delivered by the Administration to the qualified preference 
     power supplier.
       (4) It is agreed by contract among--
       (A) the Western Area Power Administration;
       (B) the power supplier with which the water supply system 
     contracts under paragraph (2);
       (C) the power supplier of the entity described in 
     subparagraph (B); and
       (D) the water supply system;
     that in the case of the capacity and energy made available 
     under subsection (a), the benefit of the rate schedule 
     described in paragraph (3) shall be passed through to the 
     water supply system, except that the power supplier of the 
     water supply system shall not be precluded from including, in 
     the charges of the supplier to the water system for the 
     electric service, the other usual and customary charges of 
     the supplier.

     SEC. 7. NO LIMITATION ON WATER PROJECTS IN STATES.

       This Act does not limit the authorization for water 
     projects in the States of South Dakota, Iowa, and Minnesota 
     under law in effect on or after the date of enactment of this 
     Act.

     SEC. 8. WATER RIGHTS.

       Nothing in this Act--
       (1) invalidates or preempts State water law or an 
     interstate compact governing water;
       (2) alters the rights of any State to any appropriated 
     share of the waters of any body of surface or ground water, 
     whether determined by past or future interstate compacts or 
     by past or future legislative or final judicial allocations;
       (3) preempts or modifies any Federal or State law, or 
     interstate compact, governing water quality or disposal; or
       (4) confers on any non-Federal entity the ability to 
     exercise any Federal right to the waters of any stream or to 
     any ground water resource.

     SEC. 9. COST SHARING.

       (a) Federal Cost Share.--
       (1) In general.--Except as provided in paragraph (2), the 
     Secretary shall provide funds equal to 80 percent of--
       (A) the amount allocated in the total project construction 
     budget for planning and construction of the water supply 
     project under section 3; and
       (B) such amounts as are necessary to defray increases in 
     development costs reflected in appropriate engineering cost 
     indices after September 1, 1993.
       (2) Sioux falls.--The Secretary shall provide funds for the 
     city of Sioux Falls, South Dakota, in an amount equal to 50 
     percent of the incremental cost to the city of participation 
     in the project.
       (b) Non-Federal Cost Share.--
       (1) In general.--Except as provided in paragraph (2), the 
     non-Federal share of the costs allocated to the water supply 
     system shall be 20 percent of the amounts described in 
     subsection (a)(1).
       (2) Sioux falls.--The non-Federal cost-share for the city 
     of Sioux Falls, South Dakota, shall be 50 percent of the 
     incremental cost to the city of participation in the project.

     SEC. 10. BUREAU OF RECLAMATION.

       (a) Authorization.--At the request of the water supply 
     system, the Secretary may allow the Commissioner of 
     Reclamation to provide project construction oversight to the 
     water supply project and environmental enhancement component 
     for the service area of the water supply system described in 
     section 3(b).
       (b) Project Oversight Administration.--The amount of funds 
     used by the Commissioner of Reclamation for oversight 
     described in subsection (a) shall not exceed the amount that 
     is equal to 1 percent of the amount provided in the total 
     project construction budget for the entire project 
     construction period.
       (c) Operation and Maintenance.--The water supply system 
     shall be responsible for annual operation and maintenance of 
     the project.

     SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated to carry out this 
     Act $223,987,700, to remain available until expended, of 
     which not more than $10,100,000 shall be used for the initial 
     development of the environmental enhancement component under 
     section 4.

  The committee amendment in the nature of a substitute was agreed to.
  The bill (S. 242), as amended, was read the third time and passed.

                          ____________________