```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 243 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
106th CONGRESS
  1st Session
                                 S. 243

_______________________________________________________________________

                                 AN ACT

 
To authorize the construction of the Perkins County Rural Water System 
 and authorize financial assistance to the Perkins County Rural Water 
System, Inc., a nonprofit corporation, in the planning and construction 
          of the water supply system, and for other purposes.

    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.

    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.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Commissioner 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.

    (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 system 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 Corporation shall be operated on a not-for-profit 
        basis.
            (2) The Corporation may contract to purchase its entire 
        electric service requirements for the water supply system, 
        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.
            (4) It shall be agreed by contract among--
                    (A) the Western Area Power Administration;
                    (B) the power supplier with which the Corporation 
                contracts under paragraph (2);
                    (C) the power supplier of the entity described in 
                subparagraph (B); and
                    (D) the Corporation;
        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 
        Corporation, except that the power supplier of the Corporation 
        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. 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
            (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 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.

            Passed the Senate March 25, 1999.

            Attest:

                                                             Secretary.
106th CONGRESS

  1st Session

                                 S. 243

_______________________________________________________________________

                                 AN ACT

To authorize the construction of the Perkins County Rural Water System 
 and authorize financial assistance to the Perkins County Rural Water 
System, Inc., a nonprofit corporation, in the planning and construction 
          of the water supply system, and for other purposes.
```