H. R. 970
One Hundred Sixth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the sixth day of January, one thousand nine hundred and ninety-nine
An Act
To authorize the Secretary of the Interior to provide assistance to the Perkins
County Rural Water System, Inc., for the construction of water supply facilities
in Perkins County, South Dakota.
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.
The Congress finds that—
(1) in 1977, the North Dakota State Legislature authorized
and directed the State Water Commission to conduct the South-
west 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 Per-
kins 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
REQUIRE-
MENTS.—The term ‘‘pumping and incidental operational require-
ments’’ means all power requirements that are incidental to
the operation of the water supply system by the Corporation.
H. R. 970—2
(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior, acting through the Commissioner of the Bureau
of Reclamation.
(6) WATER
SUPPLY
SYSTEM.—The term ‘‘water supply
system’’ means intake facilities, pumping stations, water treat-
ment facilities, cooling facilities, reservoirs, and pipelines oper-
ated 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 con-
servation program have been prepared and submitted to Con-
gress for a period of not less than 90 days before the commence-
ment 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, concur-
rent with project construction, as provided in the feasibility study.
SEC. 6. USE OF PICK-SLOAN POWER.
For operation during the period beginning May 1 and ending
October 31 of each year, portions of the water supply system con-
structed with assistance under this Act shall be eligible to utilize
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. 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
H. R. 970—3
(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 to 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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.