H. R. 970

One Hundred Sixth Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Wednesday,

the sixth day of January, one thousand nine hundred and ninety-nine

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.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

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

System Act of 1999’’.

SEC. 2. FINDINGS.

The Congress finds that—

(1) in 1977, the North Dakota State Legislature authorized

and directed the State Water Commission to conduct the Southwest Area Water Supply Study, which included water service

to a portion of Perkins County, South Dakota;

(2) amendments made by the Garrison Diversion Unit

Reformulation Act of 1986 (Public Law 101–294) authorized

the Southwest Pipeline project as an eligible project for Federal

cost share participation; and

(3) the Perkins County Rural Water System has continued

to be recognized by the State of North Dakota, the Southwest

Water Authority, the North Dakota Water Commission, the

Department of the Interior, and Congress as a component of

the Southwest Pipeline Project.

SEC. 3. DEFINITIONS.

In this Act:

(1) CORPORATION.—The term ‘‘Corporation’’ means the Perkins County Rural Water System, Inc., a nonprofit corporation

established and operated under the laws of the State of South

Dakota substantially in accordance with the feasibility study.

(2) FEASIBILITY STUDY.—The term ‘‘feasibility study’’ means

the study entitled ‘‘Feasibility Study for Rural Water System

for Perkins County Rural Water System, Inc.’’, as amended

in March 1995.

(3) PROJECT CONSTRUCTION BUDGET.—The term ‘‘project

construction budget’’ means the description of the total amount

of funds that are needed for the construction of the water

supply system, as described in the feasibility study.

(4) PUMPING AND INCIDENTAL OPERATIONAL REQUIREMENTS.—The term ‘‘pumping and incidental operational requirements’’ means all power requirements that are incidental to

the operation of the water supply system by the Corporation.
H. R. 970—2

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

of the Interior, acting through the Commissioner of the Bureau

of Reclamation.

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

system’’ means intake facilities, pumping stations, water treatment facilities, cooling facilities, reservoirs, and pipelines operated by the Perkins County Rural Water System, Inc., to the

point of delivery of water to each entity that distributes water

at retail to individual users.

SEC. 4. FEDERAL ASSISTANCE FOR WATER SUPPLY SYSTEM.

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

Corporation for the Federal share of the costs of—

(1) the planning and construction of the water supply

system; and

(2) repairs to existing public water distribution systems

to ensure conservation of the resources and to make the systems

functional under the new water supply system.

(b) LIMITATION ON AVAILABILITY OF CONSTRUCTION FUNDS.—

The Secretary shall not obligate funds for the construction of the

water supply system until—

(1) the requirements of the National Environmental Policy

Act of 1969 (42 U.S.C. 4321 et seq.) are met with respect

to the water supply system; and

(2) a final engineering report and a plan for a water conservation program have been prepared and submitted to Congress for a period of not less than 90 days before the commencement of construction of the system.

SEC. 5. MITIGATION OF FISH AND WILDLIFE LOSSES.

Mitigation of fish and wildlife losses incurred as a result of

the construction and operation of the water supply system 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.

For operation during the period beginning May 1 and ending

October 31 of each year, portions of the water supply system constructed with assistance under this Act shall be eligible to utilize

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. 7. FEDERAL SHARE.

The Federal share under section 4 shall be 75 percent of—

(1) the amount allocated in the total project construction

budget for the planning and construction of the water supply

system under section 4; and

(2) such sums as are necessary to defray increases in

development costs reflected in appropriate engineering cost

indices after March 1, 1995.

SEC. 8. NON-FEDERAL SHARE.

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

of—

(1) the amount allocated in the total project construction

budget for the planning and construction of the water supply

system under section 4; and
H. R. 970—3

(2) such sums as are necessary to defray increases in

development costs reflected in appropriate engineering cost

indices after March 1, 1995.

SEC. 9. CONSTRUCTION OVERSIGHT.

(a) AUTHORIZATION.—At the request of the Corporation, the

Secretary may provide to the Corporation assistance in overseeing

matters relating to construction of the water supply system.

(b) PROJECT OVERSIGHT ADMINISTRATION.—The amount of funds

used by the Secretary for planning and construction of the water

supply system may not exceed an amount equal to 3 percent of

the amount provided in the total project construction budget for

the portion of the project to be constructed in Perkins County,

South Dakota.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to the Secretary—

(1) $15,000,000 for the planning and construction of the

water supply system under section 4; and

(2) such sums as are necessary to defray increases in

development costs reflected in appropriate engineering cost

indices after March 1, 1995.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.