II
Calendar No. 571
106TH CONGRESS
2D SESSION
H. R. 297
IN THE SENATE OF THE UNITED STATES
MAY 24, 2000
Received; read twice and placed on the calendar
AN ACT
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.
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
TITLE I—LEWIS AND CLARK
RURAL WATER SYSTEM
SEC. 101. SHORT TITLE.
This title may be cited as the ‘‘Lewis and Clark Rural
Water System Act of 2000’’.
SEC. 102. DEFINITIONS.
In this title:
(1) 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.
(2) INCREMENTAL
COST.—The term ‘‘incre-
mental cost’’ means the cost of the savings to the
project were the City of Sioux Falls not to partici-
pate in the water supply system.
(3) MEMBER ENTITY.—The term ‘‘member en-
tity’’ means a rural water system or municipality
that meets the requirements for membership as de-
fined by the Lewis and Clark Rural Water System,
Inc. bylaws, dated September 6, 1990.
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(4) 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 project, as con-
tained in the feasibility study.
(5) PUMPING AND INCIDENTAL OPERATIONAL
REQUIREMENTS.—The term ‘‘pumping and inci-
dental operational requirements’’ means all power
requirements that are necessary for the operation of
intake facilities, pumping stations, water treatment
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 in-
dividual users.
(6) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(7) WATER SUPPLY PROJECT.—
(A) IN GENERAL.—The term ‘‘water sup-
ply project’’ means the physical components of
the Lewis and Clark Rural Water Project.
(B) INCLUSIONS.—The term ‘‘water supply
project’’ includes—
(i) necessary pumping, treatment, and
distribution facilities;
(ii) pipelines;
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(iii) appurtenant buildings and prop-
erty rights;
(iv) electrical power transmission and
distribution facilities necessary for services
to water systems facilities; and
(v) such other pipelines, pumping
plants, and facilities as the Secretary con-
siders necessary and appropriate to meet
the water supply, economic, public health,
and environment needs of the member en-
tities (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 estab-
lished and operated substantially in accordance with
the feasibility study.
SEC. 103. 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 project.
(b) SERVICE AREA.—The water supply system shall
provide for the member entities safe and adequate munic-
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ipal, 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 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 108.
(d) LIMITATION ON AVAILABILITY OF CONSTRUC-
TION FUNDS.—The Secretary shall not obligate funds for
the construction of the water supply project until—
(1) the requirements of the National Environ-
mental 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 conservation program are prepared and sub-
mitted to the Congress not less than 90 days before
the commencement of construction of the water sup-
ply project.
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SEC. 104. 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 project shall be on an acre-for-acre basis, based on
ecological equivalency, concurrent with project construc-
tion, as provided in the feasibility study.
SEC. 105. 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, at the firm power rate, the
capacity and energy required to meet 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 end-
ing October 31 of each year, for as long as the water sup-
ply 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 sec-
tion 9 of the Act of December 22, 1944 (chapter 665; 58
Stat. 887), popularly known as the Flood Control Act of
1944.
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SEC. 106. 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 Min-
nesota under law in effect on or after the date of the en-
actment of this Act.
SEC. 107. 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 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. 108. 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—
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(A) the amount allocated in the total
project construction budget for planning and
construction of the water supply project under
section 103; and
(B) 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. 109. BUREAU OF RECLAMATION.
(a) AUTHORIZATION.—At the request of the water
supply system, the Secretary may allow the Commissioner
of Reclamation to provide project construction oversight
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to the water supply project for the service area of the
water supply system described in section 103(b).
(b) PROJECT OVERSIGHT ADMINISTRATION.—The
amount of funds used by the Commissioner of Reclama-
tion for oversight described in subsection (a) shall not ex-
ceed 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. 110. 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 operation, maintenance, repair, and
rehabilitation costs of the project.
SEC. 111. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out
this title $213,887,700, to remain available until ex-
pended.
TITLE II—SLY PARK UNIT
CONVEYANCE
SEC. 201. DEFINITIONS.
For the purpose of this title, the term—
(1) ‘‘Secretary’’ means the Secretary of the In-
terior;
(2) ‘‘Sly Park Unit’’ means the Sly Park Dam
and Reservoir, Camp Creek Diversion Dam and
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Tunnel, and conduits and canals as authorized
under the American River Act of October 14, 1949
(63 Stat. 853), including those used to convey, treat,
and store water delivered from Sly Park, as well as
all recreation facilities thereto; and
(3) ‘‘District’’ means the El Dorado Irrigation
District.
SEC. 202. TRANSFER OF SLY PARK UNIT.
(a) IN GENERAL.—The Secretary shall, as soon as
practicable after date of the enactment of this Act and
in accordance with all applicable law, transfer all right,
title, and interest in and to the Sly Park Unit to the Dis-
trict.
(b) SALE PRICE.—The Secretary is authorized to re-
ceive from the District $2,000,000 to relieve payment obli-
gations and extinguish the debt under contract number
14–06–200–949IR3, and $9,500,000 to relieve payment
obligations and extinguish all debts associated with con-
tracts numbered 14–06–200–7734, as amended by con-
tracts numbered 14–06–200–4282A and 14–06–200–
8536A. Notwithstanding the preceding sentence, the Dis-
trict shall continue to make payments required by section
3407(c) of Public Law 102–575 through year 2029.
(c) CREDIT REVENUE TO PROJECT REPAYMENT.—
Upon payment authorized under subsection (b), the
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amount paid shall be credited toward repayment of capital
costs of the Central Valley Project in an amount equal
to the associated undiscounted obligation.
SEC. 203. FUTURE BENEFITS.
Upon payment, the Sly Park Unit shall no longer be
a Federal reclamation project or a unit of the Central Val-
ley Project, and the District shall not be entitled to receive
any further reclamation benefits.
SEC. 204. LIABILITY.
Except as otherwise provided by law, effective on the
date of conveyance of the Sly Park Unit under this title,
the United States shall not be liable for damages of any
kind arising out of any act, omission, or occurrence based
on its prior ownership or operation of the conveyed prop-
erty.
TITLE 
III—TREATMENT 
OF
PROJECT 
COSTS 
FOR 
SLY
PARK UNIT
SEC. 301. TREATMENT OF PROJECT COSTS.
To the extent costs associated with the Sly Park Unit
are included as a reimbursable cost of the Central Valley
Project, the Secretary is authorized to exclude such costs
in excess of those repaid by the Sly Park Unit beneficiaries
from the pooled reimbursable costs of the Central Valley
Project until such time as the facility is operationally inte-
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grated into the water supply yield of the Central Valley
Project.
TITLE IV—CITY OF ROSEVILLE
PUMPING PLANT FACILITIES
SEC. 401. CREDIT FOR INSTALLATION OF ADDITIONAL
PUMPING PLANT FACILITIES IN ACCORD-
ANCE WITH AGREEMENT.
(a) IN GENERAL.—The Secretary of the Interior shall
credit an amount up to $1,164,600, the precise amount
to be determined by the Secretary through a cost alloca-
tion, to the unpaid capital obligation of the City of Rose-
ville, California (in this section referred to as the ‘‘City’’),
as such obligation is calculated in accordance with applica-
ble Federal reclamation law and Central Valley Project
rate setting policy, in recognition of future benefits to be
accrued by the United States as a result of the City’s pur-
chase and funding of the installation of additional pump-
ing plant facilities in accordance with a letter of agreement
with the United States numbered 5–07–20–X0331 and
dated January 26, 1995. The Secretary shall simulta-
neously add an equivalent amount of costs to the capital
costs of the Central Valley Project, and such added costs
shall be reimbursed in accordance with reclamation law
and policy.
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(b) EFFECTIVE DATE.—The credit under subsection
(a) shall take effect upon the date on which—
(1) the City and the Secretary of the Interior
have agreed that the installation of the facilities re-
ferred to in subsection (a) has been completed in ac-
cordance with the terms and conditions of the letter
of agreement referred to in subsection (a); and
(2) the Secretary of the Interior has issued a
determination that such facilities are fully operative
as intended.
Passed the House of Representatives May 23, 2000.
Attest:
JEFF TRANDAHL,
Clerk.
Calendar No. 571
106TH CONGRESS
2D SESSION
H. R. 297
AN ACT
To authorize the construction of the Lewis and
Clark Rural Water System and to authorize as-
sistance 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.
MAY 24, 2000
Received; read twice and placed on the calendar