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Union Calendar No. 235

106TH CONGRESS

1ST SESSION H. R. 970

[Report No. 106–405]

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.

IN THE HOUSE OF REPRESENTATIVES

MARCH 3, 1999

Mr. THUNE introduced the following bill; which was referred to the Committee

on Resources

OCTOBER 20, 1999

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on March 3, 1999]

A BILL

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 Legislature

7 authorized and directed the State Water Commission

8 to conduct the Southwest Area Water Supply Study,

9 which included water service to a portion of Perkins

10 County, South Dakota;

11 (2) amendments made by the Garrison Diversion

12 Unit Reformulation Act of 1986 (Public Law 101–

13 294) authorized the Southwest Pipeline project as an

14 eligible project for Federal cost share participation;

15 and

16 (3) the Perkins County Rural Water System has

17 continued to be recognized by the State of North Da18 kota, the Southwest Water Authority, the North Da19 kota Water Commission, the Department of the Inte20 rior, and Congress as a component of the Southwest

21 Pipeline Project.

22 SEC. 3. DEFINITIONS.

23 In this Act:

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

25 means the Perkins County Rural Water System, Inc.,

26 a nonprofit corporation established and operated
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1 under the laws of the State of South Dakota substan2 tially 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 term

8 ‘‘project construction budget’’ means the description of

9 the total amount of funds that are needed for the con10 struction of the water supply system, as described in

11 the feasibility study.

12 (4) PUMPING AND INCIDENTAL OPERATIONAL RE13 QUIREMENTS.—The term ‘‘pumping and incidental

14 operational requirements’’ means all power require15 ments that are incidental to the operation of the

16 water supply system by the Corporation.

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

18 the Secretary of the Interior, acting through the Com19 missioner 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, res23 ervoirs, and pipelines operated by the Perkins County

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

2 to individual users.

3 SEC. 4. FEDERAL ASSISTANCE FOR WATER SUPPLY SYSTEM.

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

5 the Corporation for the Federal share of the costs of—

6 (1) the planning and construction of the water

7 supply system; and

8 (2) repairs to existing public water distribution

9 systems to ensure conservation of the resources and to

10 make the systems functional under the new water sup11 ply system.

12 (b) LIMITATION ON AVAILABILITY OF CONSTRUCTION

13 FUNDS.—The Secretary shall not obligate funds for the con14 struction of the water supply system until—

15 (1) the requirements of the National Environ16 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.)

17 are met with respect to the water supply system; and

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

19 water conservation program have been prepared and

20 submitted to Congress for a period of not less than 90

21 days before the commencement of construction of the

22 system.

23 SEC. 5. MITIGATION OF FISH AND WILDLIFE LOSSES.

24 Mitigation of fish and wildlife losses incurred as a re25 sult of the construction and operation of the water supply
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1 system shall be on an acre-for-acre basis, based on ecological

2 equivalency, concurrent with project construction, as pro3 vided in the feasibility study.

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

5 For operation during the period beginning May 1 and

6 ending October 31 of each year, portions of the water supply

7 system constructed with assistance under this Act shall be

8 eligible to utilize power from the Pick-Sloan Missouri Basin

9 Program established by section 9 of the Act of December

10 22, 1944 (Chapter 665; 58 Stat. 887), popularly known as

11 the Flood Control Act of 1944.

12 SEC. 7. FEDERAL SHARE.

13 The Federal share under section 4 shall be 75 percent

14 of—

15 (1) the amount allocated in the total project con16 struction budget for the planning and construction of

17 the water supply system under section 4; and

18 (2) such sums as are necessary to defray in19 creases in development costs reflected in appropriate

20 engineering cost indices after March 1, 1995.

21 SEC. 8. NON-FEDERAL SHARE.

22 The non-Federal share under section 4 shall be 25 per23 cent of—
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1 (1) the amount allocated in the total project con2 struction budget for the planning and construction of

3 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 an

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

16 total project construction budget for the portion of the

17 project to be constructed in Perkins County, South Dakota.

18 SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

19 There are authorized to be appropriated to the

20 Secretary—

21 (1) $15,000,000 for the planning and construc22 tion of the water supply system under section 4; and

23 (2) such sums as are necessary to defray in24 creases in development costs reflected in appropriate

25 engineering cost indices after March 1, 1995.

Union Calendar No. 235

106TH CONGRESS

1ST SESSION H. R. 970

[Report No. 106–405]

A BILL

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.

OCTOBER 20, 1999

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union,

and ordered to be printed