I
106TH CONGRESS
1ST SESSION
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.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 6, 1999
Mr. THUNE (for himself, Mr. MINGE, and Mr. LATHAM) introduced the
following bill; which was referred to the Committee on Resources
A BILL
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 cor-
poration, for the planning and construction of the water
supply system, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Lewis and Clark Rural
Water System Act of 1999’’.
SEC. 2. DEFINITIONS.
In this Act:
(1) 
ENVIRONMENTAL
ENHANCEMENT.—The
term ‘‘environmental enhancement’’ means the wet-
land and wildlife enhancement activities that are
carried out substantially in accordance with the envi-
ronmental enhancement component of the feasibility
study.
(2) ENVIRONMENTAL
ENHANCEMENT
COMPO-
NENT.—The 
term 
‘‘environmental 
enhancement
component’’ means the component described in the
report entitled ‘‘Wetlands and Wildlife Enhancement
for the Lewis and Clark Rural Water System’’,
dated April 1991, that is included in the feasibility
study.
(3) FEASIBILITY STUDY.—The term ‘‘feasibility
study’’ means the study entitled ‘‘Feasibility Level
Evaluation of a Missouri River Regional Water Sup-
ply for South Dakota, Iowa and Minnesota’’, dated
September 1993, that includes a water conservation
plan, environmental report, and environmental en-
hancement component.
(4) MEMBER ENTITY.—The term ‘‘member en-
tity’’ means a rural water system or municipality
that signed a Letter of Commitment to participate
in the water supply system.
(5) PROJECT
CONSTRUCTION
BUDGET.—The
term ‘‘project construction budget’’ means the de-
scription of the total amount of funds needed for the
construction of the water supply system, as con-
tained in the feasibility study.
(6) PUMPING AND INCIDENTAL OPERATIONAL
REQUIREMENTS.—The term ‘‘pumping and inciden-
tal operational requirements’’ means all power re-
quirements that are incidental to the operation of in-
take facilities, pumping stations, water treatment fa-
cilities, 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 in-
dividual users.
(7) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(8) WATER SUPPLY SYSTEM.—The term ‘‘water
supply system’’ means the Lewis and Clark Rural
Water System, Inc., a nonprofit corporation estab-
lished and operated substantially in accordance with
the feasibility study.
SEC. 3. FEDERAL ASSISTANCE FOR THE WATER SUPPLY
SYSTEM.
(a) IN GENERAL.—The Secretary shall make grants
to the water supply system for the planning and construc-
tion of the water supply system.
(b) SERVICE AREA.—The water supply system shall
provide for safe and adequate municipal, rural, and indus-
trial water supplies, environmental enhancement, mitiga-
tion of wetland areas, and water conservation in—
(1) Lake County, McCook County, Minnehaha
County, Turner County, Lincoln County, Clay Coun-
ty, and Union County, in southeastern South Da-
kota;
(2) Rock County and Nobles County, in south-
western Minnesota; and
(3) Lyon County, Sioux County, Osceola Coun-
ty, 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 10.
(d) LIMITATION ON AVAILABILITY OF CONSTRUC-
TION FUNDS.—The Secretary shall not obligate funds for
the construction of the water supply system until—
(1) the requirements of the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
are met;
(2) a final engineering report is prepared and
submitted to Congress not less than 90 days before
the commencement of construction of the water sup-
ply system; and
(3) a water conservation program is developed
and implemented.
SEC. 4. FEDERAL ASSISTANCE FOR THE ENVIRONMENTAL
ENHANCEMENT COMPONENT.
(a) INITIAL DEVELOPMENT.—The Secretary shall
make grants and other funds available to the water supply
system and other private, State, and Federal entities, for
the initial development of the environmental enhancement
component.
(b) NONREIMBURSEMENT.—Funds provided under
subsection (a) shall be nonreimbursable and nonreturn-
able.
SEC. 5. WATER CONSERVATION PROGRAM.
(a) IN GENERAL.—The water supply system shall es-
tablish a water conservation program that ensures that
users of water from the water supply system use the best
practicable technology and management techniques to con-
serve water use.
(b) REQUIREMENTS.—The water conservation pro-
grams shall include—
(1) low consumption performance standards for
all newly installed plumbing fixtures;
(2) leak detection and repair programs;
(3) rate schedules that do not include declining
block rate schedules for municipal households and
special water users (as defined in the feasibility
study);
(4) public education programs and technical as-
sistance to member entities; and
(5) coordinated operation among each rural
water system, and each water supply facility in exist-
ence on the date of enactment of this Act, in the
service area of the system.
(c) REVIEW
AND REVISION.—The programs de-
scribed in subsection (b) shall contain provisions for peri-
odic review and revision, in cooperation with the Secretary.
SEC. 6. MITIGATION OF FISH AND WILDLIFE LOSSES.
Mitigation for fish and wildlife losses incurred as a
result of the construction and operation of the water sup-
ply system shall be on an acre-for-acre basis, based on eco-
logical equivalency, concurrent with project construction,
as provided in the feasibility study.
SEC. 7. USE OF PICK-SLOAN POWER.
(a) IN GENERAL.—From power designated for future
irrigation and drainage pumping for the Pick-Sloan Mis-
souri Basin program, the Western Area Power Adminis-
tration shall make available the capacity and energy re-
quired to meet the pumping and incidental operational re-
quirements of the water supply system during the period
beginning on May 1 and ending on 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 water supply system shall be operated
on a not-for-profit basis.
(2) The water supply system shall contract to
purchase the entire electric service requirements of
the system, including the capacity and energy made
available under subsection (a), from a qualified pref-
erence 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 Admin-
istration in effect when the power is delivered by the
Administration.
(4) It is agreed by contract among—
(A) the Western Area Power Administra-
tion;
(B) the power supplier with which the
water supply system contracts under paragraph
(2);
(C) the power supplier of the entity de-
scribed in subparagraph (B); and
(D) the water supply system;
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 water supply system, except
that the power supplier of the water supply system
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. 8. NO LIMITATION ON WATER PROJECTS IN STATES.
This Act does not limit the authorization for water
projects in the States of South Dakota, Iowa, and Min-
nesota under law in effect on or after the date of enact-
ment of this Act.
SEC. 9. WATER RIGHTS.
Nothing in this Act—
(1) invalidates or preempts State water law or
an interstate compact governing water;
(2) alters the rights of any State to any appro-
priated share of the waters of any body of surface
or ground water, whether determined by past or fu-
ture interstate compacts or by past or future legisla-
tive 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 abil-
ity to exercise any Federal right to the waters of any
stream or to any ground water resource.
SEC. 10. COST SHARING.
(a) FEDERAL COST SHARE.—
(1) IN GENERAL.—Except as provided in para-
graph (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 system under
section 3;
(B) such amounts as are necessary to de-
fray increases in the budget for planning and
construction of the water supply system under
section 3; and
(C) such amounts as are necessary to de-
fray increases in development costs reflected in
appropriate engineering cost indices after Sep-
tember 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 para-
graph (2), the non-Federal share of the costs allo-
cated 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 par-
ticipation in the project.
SEC. 11. BUREAU OF RECLAMATION.
(a) AUTHORIZATION.—The Secretary may allow the
Commissioner of Reclamation to provide project construc-
tion oversight to the water supply system and environ-
mental enhancement component for the service area of the
water supply system described in section 3(b).
(b) PROJECT OVERSIGHT ADMINISTRATION.—The
amount of funds used by the Commissioner of Reclama-
tion for planning and construction of the water supply sys-
tem 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.
SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out
this Act $226,320,000, of which not less than $8,487,000
shall be used for the initial development of the environ-
mental enhancement component under section 4, to re-
main available until expended.
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