106TH CONGRESS

1ST SESSION H. R. 970

AN ACT

To authorize the Secretary of the Interior to provide assistance to the Perkins County Rural

Water System, Inc., for the construction of watersupply facilities in Perkins County, South Dakota.
106TH CONGRESS

1ST SESSION H. R. 970

AN ACT

To authorize the Secretary of the Interior to provide assistance to the Perkins County Rural Water System, Inc.,

for the construction of water supply facilities in Perkins

County, South Dakota.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Perkins County Rural

3 Water System Act of 1999’’.

4 SEC. 2. FINDINGS.

5 The Congress finds that—

6 (1) in 1977, the North Dakota State Legisla7 ture authorized and directed the State Water Com8 mission to conduct the Southwest Area Water Sup9 ply Study, which included water service to a portion

10 of Perkins County, South Dakota;

11 (2) amendments made by the Garrison Diver12 sion Unit Reformulation Act of 1986 (Public Law

13 101–294) authorized the Southwest Pipeline project

14 as an eligible project for Federal cost share partici15 pation; and

16 (3) the Perkins County Rural Water System

17 has continued to be recognized by the State of North

18 Dakota, the Southwest Water Authority, the North

19 Dakota Water Commission, the Department of the

20 Interior, and Congress as a component of the South21 west Pipeline Project.

22 SEC. 3. DEFINITIONS.

23 In this Act:

24 (1) CORPORATION.—The term ‘‘Corporation’’

25 means the Perkins County Rural Water System,

26 Inc., a nonprofit corporation established and oper-
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1 ated under the laws of the State of South Dakota

2 substantially in accordance with the feasibility study.

3 (2) FEASIBILITY STUDY.—The term ‘‘feasibility

4 study’’ means the study entitled ‘‘Feasibility Study

5 for Rural Water System for Perkins County Rural

6 Water System, Inc.’’, as amended in March 1995.

7 (3) PROJECT CONSTRUCTION BUDGET.—The

8 term ‘‘project construction budget’’ means the de9 scription of the total amount of funds that are need10 ed for the construction of the water supply system,

11 as described in the feasibility study.

12 (4) PUMPING AND INCIDENTAL OPERATIONAL

13 REQUIREMENTS.—The term ‘‘pumping and inci14 dental operational requirements’’ means all power

15 requirements that are incidental to the operation of

16 the water supply system by the Corporation.

17 (5) SECRETARY.—The term ‘‘Secretary’’ means

18 the Secretary of the Interior, acting through the

19 Commissioner of the Bureau of Reclamation.

20 (6) WATER SUPPLY SYSTEM.—The term ‘‘water

21 supply system’’ means intake facilities, pumping sta22 tions, water treatment facilities, cooling facilities,

23 reservoirs, and pipelines operated by the Perkins

24 County Rural Water System, Inc., to the point of
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1 delivery of water to each entity that distributes

2 water at retail to individual users.

3 SEC. 4. FEDERAL ASSISTANCE FOR WATER SUPPLY SYS4 TEM.

5 (a) IN GENERAL.—The Secretary shall make grants

6 to the Corporation for the Federal share of the costs of—

7 (1) the planning and construction of the water

8 supply system; and

9 (2) repairs to existing public water distribution

10 systems to ensure conservation of the resources and

11 to make the systems functional under the new water

12 supply system.

13 (b) LIMITATION ON AVAILABILITY OF CONSTRUC14 TION FUNDS.—The Secretary shall not obligate funds for

15 the construction of the water supply system until—

16 (1) the requirements of the National Environ17 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.)

18 are met with respect to the water supply system;

19 and

20 (2) a final engineering report and a plan for a

21 water conservation program have been prepared and

22 submitted to Congress for a period of not less than

23 90 days before the commencement of construction of

24 the system.
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1 SEC. 5. MITIGATION OF FISH AND WILDLIFE LOSSES.

2 Mitigation of fish and wildlife losses incurred as a

3 result of the construction and operation of the water sup4 ply system shall be on an acre-for-acre basis, based on eco5 logical equivalency, concurrent with project construction,

6 as provided in the feasibility study.

7 SEC. 6. USE OF PICK-SLOAN POWER.

8 For operation during the period beginning May 1 and

9 ending October 31 of each year, portions of the water sup10 ply system constructed with assistance under this Act shall

11 be eligible to utilize power from the Pick-Sloan Missouri

12 Basin Program established by section 9 of the Act of De13 cember 22, 1944 (Chapter 665; 58 Stat. 887), popularly

14 known as the Flood Control Act of 1944.

15 SEC. 7. FEDERAL SHARE.

16 The Federal share under section 4 shall be 75 percent

17 of—

18 (1) the amount allocated in the total project

19 construction budget for the planning and construc20 tion of the water supply system under section 4; and

21 (2) such sums as are necessary to defray in22 creases in development costs reflected in appropriate

23 engineering cost indices after March 1, 1995.

24 SEC. 8. NON-FEDERAL SHARE.

25 The non-Federal share under section 4 shall be 25

26 percent of—
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1 (1) the amount allocated in the total project

2 construction budget for the planning and construc3 tion of the water supply system under section 4; and

4 (2) such sums as are necessary to defray in5 creases in development costs reflected in appropriate

6 engineering cost indices after March 1, 1995.

7 SEC. 9. CONSTRUCTION OVERSIGHT.

8 (a) AUTHORIZATION.—At the request of the Corpora9 tion, the Secretary may provide to the Corporation assist10 ance in overseeing matters relating to construction of the

11 water supply system.

12 (b) PROJECT OVERSIGHT ADMINISTRATION.—The

13 amount of funds used by the Secretary for planning and

14 construction of the water supply system may not exceed

15 an amount equal to 3 percent of the amount provided in

16 the total project construction budget for the portion of the

17 project to be constructed in Perkins County, South Da18 kota.

19 SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

20 There are authorized to be appropriated to the

21 Secretary—

22 (1) $15,000,000 for the planning and construc23 tion of the water supply system under section 4; and
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1 (2) such sums as are necessary to defray in2 creases in development costs reflected in appropriate

3 engineering cost indices after March 1, 1995.

Passed the House of Representatives October 26,

1999.

Attest:

Clerk.