[Congressional Record Volume 146, Number 65 (Tuesday, May 23, 2000)]
[House]
[Pages H3538-H3540]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             LEWIS AND CLARK RURAL WATER SYSTEM ACT OF 2000

  Mr. DOOLITTLE. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 297) 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, as 
amended.
  The Clerk read as follows:

                                H.R. 297

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

              TITLE I--LEWIS AND CLARK RURAL WATER SYSTEM

     SEC. 101. SHORT TITLE.

       This title may be cited as the ``Lewis and Clark Rural 
     Water System Act of 2000''.

     SEC. 102. DEFINITIONS.

       In this title:
       (1) 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.
       (2) 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.
       (3) 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.
       (4) 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.
       (5) 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.
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (7) 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;
       (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).
       (8) 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. 103. 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, 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 108.
       (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 the 
     Congress not less than 90 days before the commencement of 
     construction of the water supply project.

     SEC. 104. 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. 105. USE OF PICK-SLOAN POWER.

       (a) In General.--From power designated for future 
     irrigation and drainage pumping for the Pick-Sloan Missouri 
     Basin program, the Western Area Power Administration shall 
     make available, at the firm power rate, the capacity and 
     energy required to meet the pumping and incidental 
     operational requirements of the water supply project during 
     the period beginning on May 1 and ending on October 31 of 
     each year.
       (b) Qualification To Use Pick-Sloan Power.--For operation 
     during the period beginning May 1 and ending October 31 of 
     each year, for as long as the water supply system operates on 
     a not-for-profit basis, the portions of the water supply 
     project constructed with assistance under this title shall be 
     eligible to receive firm power from the Pick-Sloan Missouri 
     Basin program established by section 9 of the Act of December 
     22, 1944 (chapter 665; 58 Stat. 887), popularly known as the 
     Flood Control Act of 1944.

     SEC. 106. NO LIMITATION ON WATER PROJECTS IN STATES.

       This title 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. 107. WATER RIGHTS.

       Nothing in this title--
       (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. 108. 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 103; 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. 109. 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 for the service area of the water supply 
     system described in section 103(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.

[[Page H3539]]

     SEC. 110. PROJECT OWNERSHIP AND RESPONSIBILITY.

       The water supply system shall retain title to all project 
     facilities during and after construction, and shall be 
     responsible for all operation, maintenance, repair, and 
     rehabilitation costs of the project.

     SEC. 111. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated to carry out this 
     title $213,887,700, to remain available until expended.

                   TITLE II--SLY PARK UNIT CONVEYANCE

     SEC. 201. DEFINITIONS.

       For the purpose of this title, the term--
       (1) ``Secretary'' means the Secretary of the Interior;
       (2) ``Sly Park Unit'' means the Sly Park Dam and Reservoir, 
     Camp Creek Diversion Dam and Tunnel, and conduits and canals 
     as authorized under the American River Act of October 14, 
     1949 (63 Stat. 853), including those used to convey, treat, 
     and store water delivered from Sly Park, as well as all 
     recreation facilities thereto; and
       (3) ``District'' means the El Dorado Irrigation District.

     SEC. 202. TRANSFER OF SLY PARK UNIT.

       (a) In General.--The Secretary shall, as soon as 
     practicable after date of the enactment of this Act and in 
     accordance with all applicable law, transfer all right, 
     title, and interest in and to the Sly Park Unit to the 
     District.
       (b) Sale Price.--The Secretary is authorized to receive 
     from the District $2,000,000 to relieve payment obligations 
     and extinguish the debt under contract number 14-06-200-
     949IR2, and $9,500,000 to relieve payment obligations and 
     extinguish all debts associated with contracts numbered 14-
     06-200-7734, as amended by contracts numbered 14-06-200-4282A 
     and 14-06-200-8536A. Notwithstanding the preceding sentence, 
     the District shall continue to make payments required by 
     section 3407(c) of Public Law 102-575 through year 2029.
       (c) Credit Revenue to Project Repayment.--Upon payment 
     authorized under subsection (b), the amount paid shall be 
     credited toward repayment of capital costs of the Central 
     Valley Project in an amount equal to the associated 
     undiscounted obligation.

     SEC. 203. FUTURE BENEFITS.

       Upon payment, the Sly Park Unit shall no longer be a 
     Federal reclamation project or a unit of the Central Valley 
     Project, and the District shall not be entitled to receive 
     any further reclamation benefits.

     SEC. 204. LIABILITY.

       Except as otherwise provided by law, effective on the date 
     of conveyance of the Sly Park Unit under this title, the 
     United States shall not be liable for damages of any kind 
     arising out of any act, omission, or occurrence based on its 
     prior ownership or operation of the conveyed property.

        TITLE III--TREATMENT OF PROJECT COSTS FOR SLY PARK UNIT

     SEC. 301. TREATMENT OF PROJECT COSTS.

       To the extent costs associated with the Sly Park Unit are 
     included as a reimbursable cost of the Central Valley 
     Project, the Secretary is authorized to exclude such costs in 
     excess of those repaid by the Sly Park Unit beneficiaries 
     from the pooled reimbursable costs of the Central Valley 
     Project until such time as the facility is operationally 
     integrated into the water supply yield of the Central Valley 
     Project.

          TITLE IV--CITY OF ROSEVILLE PUMPING PLANT FACILITIES

     SEC. 401. CREDIT FOR INSTALLATION OF ADDITIONAL PUMPING PLANT 
                   FACILITIES IN ACCORDANCE WITH AGREEMENT.

       (a) In General.--The Secretary of the Interior shall credit 
     an amount up to $1,164,600, the precise amount to be 
     determined by the Secretary through a cost allocation, to the 
     unpaid capital obligation of the City of Roseville, 
     California (in this section referred to as the ``City''), as 
     such obligation is calculated in accordance with applicable 
     Federal reclamation law and Central Valley Project rate 
     setting policy, in recognition of future benefits to be 
     accrued by the United States as a result of the City's 
     purchase and funding of the installation of additional 
     pumping plant facilities in accordance with a letter of 
     agreement with the United States numbered 5-07-20-X0331 and 
     dated January 26, 1995. The Secretary shall simultaneously 
     add an equivalent amount of costs to the capital costs of the 
     Central Valley Project, and such added costs shall be 
     reimbursed in accordance with reclamation law and policy.
       (b) Effective Date.--The credit under subsection (a) shall 
     take effect upon the date on which--
       (1) the City and the Secretary of the Interior have agreed 
     that the installation of the facilities referred to in 
     subsection (a) has been completed in accordance with the 
     terms and conditions of the letter of agreement referred to 
     in subsection (a); and
       (2) the Secretary of the Interior has issued a 
     determination that such facilities are fully operative as 
     intended.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Doolittle) and the gentleman from California (Mr. 
George Miller) each will control 20 minutes.
  The Chair recognizes the gentleman from California (Mr. Doolittle).

                              {time}  1115

  Mr. DOOLITTLE. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, the gentleman from South Dakota (Mr. Thune) introduced 
H.R. 297, the Lewis and Clark Rural Water System at the beginning of 
this 106th Congress. The legislation is designed to provide replacement 
or supplemental water supplies in the Missouri River, the portions of 
South Dakota, Iowa, and Minnesota, serving in total about 180,000 
people, of which approximately 150,000 people reside in Sioux Falls 
metropolitan area.
  The estimated cost of the project is $283 million in 1993 dollars 
with a 10 percent State share and 10 percent local cost share based on 
the willingness-to-pay analysis.
  We have been working with the gentleman from South Dakota (Mr. Thune) 
on a number of the issues. As currently presented, the bill addresses 
several other issues of concern to the gentleman from California (Mr. 
George Miller) and me.
  Mr. Speaker, I yield 5 minutes to the gentleman from South Dakota 
(Mr. Thune), the author of the bill, to more fully explain his 
legislation.
  Mr. THUNE. Mr. Speaker, I do appreciate the opportunity to speak on 
this bill, which is so important to my State of South Dakota. H.R. 297 
would authorize appropriations for construction of the Lewis and Clark 
Rural Water System which, when complete, will supply water to 22 
communities in South Dakota, Iowa, and Minnesota.
  The Lewis and Clark Rural Water System bears tremendous significance 
to the States that eventually will be served by the delivery of water 
from an aquifer near the Missouri River at Vermillion, South Dakota. My 
constituents have expressed the significance of this project in no 
uncertain terms to me; and, as a result, H.R. 297 was the first bill 
that I introduced this Congress and has been one of my top legislative 
priorities since serving in Congress.
  I would also like to thank the gentleman from Minnesota (Mr. Minge), 
the cosponsor of this legislation, and the gentleman from Iowa (Mr. 
Latham), both of whose districts will be served by this water project.
  I would also like to thank the gentleman from California (Chairman 
Doolittle); the gentleman from Alaska (Chairman Young); the Speaker; 
the majority leader; the majority whip; the gentleman from California 
(Mr. George Miller), the ranking member; and the staffs of those 
committees and the leadership staff, particularly Tom Pyle in the House 
majority whip's office; and the gentleman on my staff, Jafar Karim, for 
the hard work that they have put in making this bill become a reality.
  I would also like to recognize, Mr. Speaker, the project sponsors, 
those community leaders, the Lewis and Clark Rural Water System, who 
have fought hard and been so persistent in moving this project forward.
  It has been a long process. This bill was introduced back in 1994. It 
has been refined and reworked to where we are today.
  Let me just very briefly state why I believe it is so important and 
why this is important that this bill move at this time. First off, this 
helps fulfill promises made by the Federal Government to South Dakota 
in the Flood Control Act of 1944, wherein South Dakota gave up over 
half a million acres of prime bottom land in exchange for irrigation 
benefits and other benefits, many of which never materialized.
  Secondly, the legislation authorizes construction of a water system 
that, when built, will meet critical water needs of 22 communities in 
South Dakota, Iowa, and Minnesota. Over 180,000 people will be served 
with clean drinking water.
  Mr. Speaker, this legislation is important because this is a health 
issue. This is a safety issue, and this is an economic development 
issue for these communities.
  Finally, it is important, Mr. Speaker, that we do this now because of 
the growing sense of urgency when it comes to the water needs of this 
area and because this legislation has been around and been refined and 
reworked over four sessions of Congress. The time for action is now.
  I want to express my appreciation to those who have helped us bring 
it to this point and the opportunity to move this legislation forward, 
and so I encourage all my colleagues to support

[[Page H3540]]

the legislation; and on behalf of the people of South Dakota, I thank 
my colleagues.
  Mr. GEORGE MILLER of California. Mr. Speaker, I yield myself such 
time as I may consume.
  Mr. Speaker, I rise in support of the committee amendment to H.R. 
297, the bill to authorize the Lewis and Clark Rural Water System.
  The Lewis and Clark Rural Water System is designed to provide 
replacement or supplemental water supplies from the Missouri River to 
areas in southeastern South Dakota, northwestern Iowa, and southwestern 
Minnesota serving up to about 180,000 people.
  This region has seen substantial growth and development in recent 
years, and we know that future water needs in the area will be 
significantly greater than the current available supply. Many residents 
in the project area have water of such poor quality it does not meet 
present or proposed standards for drinking water. Many communities rely 
on shallow aquifers as the primary source of drinking water, aquifers 
which are very vulnerable to contamination by surface activities, 
including large hog farms. Why do we not clean up the hog farms?
  Lewis and Clark Rural Water System will provide a reliable source for 
supplemental drinking water. I urge my colleagues to support the 
authorization of this project with a ``yes'' vote on H.R. 297.
  Mr. Speaker, the committee amendment includes several additional 
provisions affecting water resource activities of the Bureau of 
Reclamation in Northern California. I have no objection to these 
provisions.
  In fact, I want to thank the committee for including title 3, the 
``Treatment of Project Costs For Sly Park Unit,'' which will provide 
for the Secretary to exclude these costs in excess to be repaid by the 
Sly Park Unit beneficiaries from the pooled reimbursable costs of the 
Central Valley Project until such time as the facilities are integrated 
into the water supply yield to the Central Valley project.
  This will provide a correction of an inadvertent oversight that could 
prove costly to a number of urban water districts in California. I 
think that this is a proper resolution of this issue.
  Mr. MINGE. Mr. Speaker, I rise today to urge my colleagues to support 
H.R. 297, the Lewis and Clark Rural Water System Act, which has been 
reported out of the House Committee on Resources.
  The Lewis and Clark Rural Water System Act will serve a number of 
communities in Minnesota, Iowa and South Dakota. Currently these 
communities are served by shallow aquifers that are vulnerable to 
contamination. Many of these towns have tried repeatedly to dig new 
wells. Unfortunately, they have had little luck.
  The area that would be served by H.R. 297 is currently experiencing a 
drought with no immediate relief in sight. This bill will not alleviate 
the current crisis but protect the region from the water level 
uncertainties associated with shallow aquifers in the future. That 
certainty not only lends peace of mind to local citizens, but is also 
crucial to the area's economic development plans. The business climate 
cannot flourish when the water supply is questionable.
  The Senate has already passed legislation authorizing the Lewis and 
Clark Rural Water System Act. Time is of the essence for this project 
and it is my hope that any differences with the Senate can be quickly 
resolved.
  Mr. Speaker, I again ask my colleagues to support H.R. 297.
  Mr. GEORGE MILLER of California. Mr. Speaker, I yield back the 
balance of my time.
  Mr. DOOLITTLE. Mr. Speaker, I urge passage of the bill, and I yield 
back the balance of my time.
  The SPEAKER pro tempore (Mr. Ewing). The question is on the motion 
offered by the gentleman from California (Mr. Doolittle) that the House 
suspend the rules and pass the bill, H.R. 297, as amended.
  The question was taken.
  Mr. GEORGE MILLER of California. Mr. Speaker, on that I demand the 
yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

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