H. R. 4425—69
CHAPTER 3
MILITARY CONSTRUCTION, DEFENSE-WIDE
Notwithstanding any other provision of law, for an additional
amount for ‘‘Military Construction, Defense-Wide’’, $116,523,000,
to remain available until September 30, 2004: Provided, That such
amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985, as amended: Provided further,
That the entire amount shall be available only to the extent that
an official budget request for $116,523,000, that includes designa-
tion of the entire amount of the request as an emergency require-
ment as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President
to the Congress.
TITLE IV—LEWIS AND CLARK RURAL WATER SYSTEM
SEC. 4101. SHORT TITLE.
This title may be cited as the ‘‘Lewis and Clark Rural Water
System Act of 2000’’.
SEC. 4102. DEFINITIONS.
In this title:
(1) FEASIBILITY STUDY.—The term ‘‘feasibility study’’ means
the study entitled ‘‘Feasibility Level Evaluation of a Missouri
River Regional Water Supply for South Dakota, Iowa and Min-
nesota’’, dated September 1993, that includes a water conserva-
tion plan, environmental report, and environmental enhance-
ment component.
(2) INCREMENTAL
COST.—The term ‘‘incremental cost’’
means the cost of the savings to the project were the City
of Sioux Falls not to participate in the water supply system.
(3) MEMBER ENTITY.—The term ‘‘member entity’’ means
a rural water system or municipality that meets the require-
ments for membership as defined by the Lewis and Clark
Rural Water System, Inc. bylaws, dated September 6, 1990.
(4) PROJECT
CONSTRUCTION
BUDGET.—The term ‘‘project
construction budget’’ means the description of the total amount
of funds needed for the construction of the water supply project,
as contained in the feasibility study.
(5) PUMPING
AND
INCIDENTAL
OPERATIONAL
REQUIRE-
MENTS.—The term ‘‘pumping and incidental operational require-
ments’’ means all power requirements that are necessary for
the operation of intake facilities, pumping stations, water treat-
ment facilities, 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 individual users.
(6) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(7) WATER SUPPLY PROJECT.—
(A) IN
GENERAL.—The term ‘‘water supply project’’
means the physical components of the Lewis and Clark
Rural Water Project.
(B) INCLUSIONS.—The term ‘‘water supply project’’
includes—
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(i) necessary pumping, treatment, and distribution
facilities;
(ii) pipelines;
(iii) appurtenant buildings and property rights;
(iv) electrical power transmission and distribution
facilities necessary for services to water systems facili-
ties; and
(v) such other pipelines, pumping plants, and facili-
ties as the Secretary considers necessary and appro-
priate to meet the water supply, economic, public
health, and environment needs of the member entities
(including water storage tanks, water lines, and other
facilities for the member entities).
(8) WATER
SUPPLY
SYSTEM.—The term ‘‘water supply
system’’ means the Lewis and Clark Rural Water System, Inc.,
a nonprofit corporation established and operated substantially
in accordance with the feasibility study.
SEC. 4103. FEDERAL ASSISTANCE FOR THE WATER SUPPLY SYSTEM.
(a) IN GENERAL.—The Secretary shall make grants to the water
supply system for the planning and construction of the water supply
project.
(b) SERVICE AREA.—The water supply system shall provide
for the member entities safe and adequate municipal, rural, and
industrial water supplies, mitigation of wetland areas, and water
conservation in—
(1) Lake County, McCook County, Minnehaha County,
Turner County, Lincoln County, Clay County, and Union
County, in southeastern South Dakota;
(2) Rock County and Nobles County, in southwestern Min-
nesota; and
(3) Lyon County, Sioux County, Osceola County, O’Brien
County, Dickinson County, and Clay County, in northwestern
Iowa.
(c) AMOUNT OF GRANTS.—Grants made available under sub-
section (a) to the water supply system shall not exceed the amount
of funds authorized under section 4108.
(d) LIMITATION ON AVAILABILITY OF CONSTRUCTION FUNDS.—
The Secretary shall not obligate funds for the construction of the
water supply project until—
(1) the requirements of the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) are met; and
(2) a final engineering report and a plan for a water con-
servation program are prepared and submitted to the Congress
not less than 90 days before the commencement of construction
of the water supply project.
SEC. 4104. MITIGATION OF FISH AND WILDLIFE LOSSES.
Mitigation for fish and wildlife losses incurred as a result
of the construction and operation of the water supply project shall
be on an acre-for-acre basis, based on ecological equivalency, concur-
rent with project construction, as provided in the feasibility study.
SEC. 4105. USE OF PICK-SLOAN POWER.
(a) IN GENERAL.—From power designated for future irrigation
and drainage pumping for the Pick-Sloan Missouri Basin program,
the Western Area Power Administration shall make available, at
the firm power rate, the capacity and energy required to meet
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the pumping and incidental operational requirements of the water
supply project during the period beginning on May 1 and ending
on October 31 of each year.
(b) QUALIFICATION TO USE PICK-SLOAN POWER.—For operation
during the period beginning May 1 and ending October 31 of each
year, for as long as the water supply system operates on a not-
for-profit basis, the portions of the water supply project constructed
with assistance under this title shall be eligible to receive firm
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. 4106. NO LIMITATION ON WATER PROJECTS IN STATES.
This title does not limit the authorization for water projects
in the States of South Dakota, Iowa, and Minnesota under law
in effect on or after the date of the enactment of this Act.
SEC. 4107. WATER RIGHTS.
Nothing in this title—
(1) invalidates or preempts State water law or an interstate
compact governing water;
(2) alters the rights of any State to any appropriated share
of the waters of any body of surface or ground water, whether
determined by past or future interstate compacts or by past
or future legislative 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 ability to exercise
any Federal right to the waters of any stream or to any ground
water resource.
SEC. 4108. COST SHARING.
(a) FEDERAL COST SHARE.—
(1) IN GENERAL.—Except as provided in paragraph (2), the
Secretary shall provide funds equal to 80 percent of—
(A) the amount allocated in the total project construc-
tion budget for planning and construction of the water
supply project under section 4103; and
(B) such amounts as are necessary to defray increases
in development costs reflected in appropriate engineering
cost indices after September 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 paragraph (2), the
non-Federal share of the costs allocated to the water supply
system shall be 20 percent of the amounts described in sub-
section (a)(1).
(2) SIOUX FALLS.—The non-Federal cost-share for the City
of Sioux Falls, South Dakota, shall be 50 percent of the incre-
mental cost to the city of participation in the project.
SEC. 4109. BUREAU OF RECLAMATION.
(a) AUTHORIZATION.—At the request of the water supply system,
the Secretary may allow the Commissioner of Reclamation to pro-
vide project construction oversight to the water supply project for
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the service area of the water supply system described in section
4103(b).
(b) PROJECT OVERSIGHT ADMINISTRATION.—The amount of funds
used by the Commissioner of Reclamation for oversight described
in subsection (a) 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. 4110. PROJECT OWNERSHIP AND RESPONSIBILITY.
The water supply system shall retain title to all project facilities
during and after construction, and shall be responsible for all oper-
ation, maintenance, repair, and rehabilitation costs of the project.
SEC. 4111. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this title
$213,887,700, to remain available until expended.
TITLE V—GENERAL PROVISIONS THIS DIVISION
SEC. 5101. No part of any appropriation contained in this
division shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
SEC. 5102. Sections 305 and 306 of H.R. 3425 of the 106th
Congress, as enacted into law by section 1000(a)(5) of Public Law
106–113, are hereby repealed.
REPEAL OF UNOBLIGATED BALANCE RESTRICTIONS
SEC. 5103. The final proviso under the heading ‘‘Foreign Mili-
tary Financing Program’’ in title VI of the Foreign Operations,
Export Financing, and Related Programs as enacted into law by
section 1000(a)(2) of division B of Public Law 106–113 (113 Stat.
1501A–133), is null and void.
SEC. 5104. Section 216 of the Departments of Labor, Health
and Human Services, and Education, and Related Agencies Appro-
priations Act, 2000 (as enacted into law by section 1000(a)(4) of
Public Law 106–113) is repealed.
SEC. 5105. Section 5527 of Public Law 105–33, The Balanced
Budget Act of 1997, is repealed.
SEC. 5106. Section 9305 of Public Law 105–33 (111 Stat. 677)
is repealed.
SEC. 5107. Notwithstanding section 251(a) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended,
there shall be no sequestration under that section to eliminate
a fiscal year 2000 breach or no reductions in discretionary spending
limits for fiscal year 2001 that might be caused by the appropria-
tions or other provisions in this Act.
SEC. 5108. (a) The enactment of this Act shall be deemed
to fulfill the requirements for enactment of a law for purposes
of section 206(b) of H. Con. Res. 290 (106th Congress).
(b) Section 312(b) of the Congressional Budget Act of 1974
shall not apply in the Senate with respect to fiscal year 2001.
SEC. 5109. Section 207 of H. Con. Res. 290 (106th Congress)
is amended as follows:
(1) by reducing the limit on outlays set forth in subsection
(a)(1) by $2,000,000,000; and
(2) by increasing the limit on outlays set forth in subsection
(a)(2) by $2,000,000,000.