is the Missouri River as delivered by the Southwest
Pipeline Project in North Dakota.
(b) PURPOSES.—The Congress declares that the pur-
poses of sections 1 through 13 are to—
(1) ensure a safe and adequate municipal,
rural, and industrial water supply for the members
of the Perkins County Rural Water Supply System,
Inc., in Perkins County, South Dakota;
(2) assist the citizens of the Perkins County
Rural Water Supply System, Inc., to develop safe
and adequate municipal, rural, and industrial water
supplies; and
(3) promote the implementation of water con-
servation programs by the Perkins County Rural
Water System, Inc.
SEC. 3. DEFINITIONS.
As used in this Act (unless the context clearly re-
quires otherwise):
(1) 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.
(2) PROJECT
CONSTRUCTION
BUDGET.—The
term ‘‘project construction budget’’ means the de-
scription of the total amount of funds that are need-
ed for the construction of the water supply system,
as contained in the feasibility study.
(3) 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 Perkins County Rural
Water System to each entity that distributes water
at retail to individual users.
(4) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(5) WATER SUPPLY SYSTEM.—The term ‘‘water
supply system’’ means the Perkins County Rural
Water System, Inc., that is established and operated
substantially in accordance with the feasibility study.
SEC. 4. FEDERAL ASSISTANCE FOR THE WATER SUPPLY
SYSTEM.
(a) IN GENERAL.—The Secretary is authorized to
make grants to the Perkins County Rural Water System,
Inc., a nonprofit corporation, for the planning and con-
struction 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, mitigation of wetlands areas, and
water conservation in Perkins County, South Dakota.
(c) AMOUNT OF GRANTS.—Grants made available
under subsection (a) to the Perkins County Rural Water
System, Inc., shall not exceed the amount 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.)
have been met;
(2) a final engineering report has been prepared
and submitted to the Congress for a period of not
less than 90 days before the commencement of con-
struction of the system; and
(3) a water conservation program has been de-
veloped and implemented.
SEC. 5. WATER CONSERVATION.
(a) PURPOSE.—The water conservation program re-
quired under this section shall be designed to ensure that
users of water from the water supply system will use the
best practicable technology and management techniques to
conserve water use.
(b) DESCRIPTION.—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 structures 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;
(5) coordinated operation between the Perkins
County Rural Water System and any preexisting
water supply facilities within its service area; and
(6) coordinated operation between the South-
west Pipeline Project of North Dakota and the Per-
kins County Rural Water System, Inc., of South Da-
kota.
(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 of fish and wildlife losses incurred as a
result of the construction and operation of the Perkins
County Rural 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. 7. USE OF PICK-SLOAN POWER.
(a) IN GENERAL.—From power designated for future
irrigation and drainage pumping for the Pick-Sloan Mis-
souri River Basin Program, the Western Area Power Ad-
ministration 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 water supply system shall be operated
on a not-for-profit basis.
(2) The water supply system shall contract to
purchase its entire electric service requirements, in-
cluding 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 Admin-
istration in effect when the power is delivered by the
Administration.
(4) It shall be 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 Perkins County Rural Water Sys-
tem, Inc.,
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 shall not limit the authorization for water
projects in South Dakota and North Dakota under law
in effect on or after the date of enactment of this Act.