106TH CONGRESS
1ST SESSION
H. R. 970
AN ACT
To authorize the Secretary of the Interior to provide assist-
ance 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 Representa-
tives 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 Legisla-
ture authorized and directed the State Water Com-
mission to conduct the Southwest Area Water Sup-
ply Study, which included water service to a portion
of Perkins County, South Dakota;
(2) amendments made by the Garrison Diver-
sion Unit Reformulation Act of 1986 (Public Law
101–294) authorized the Southwest Pipeline project
as an eligible project for Federal cost share partici-
pation; 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 South-
west Pipeline Project.
SEC. 3. DEFINITIONS.
In this Act:
(1) CORPORATION.—The term ‘‘Corporation’’
means the Perkins County Rural Water System,
Inc., a nonprofit corporation established and oper-
ated 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 de-
scription of the total amount of funds that are need-
ed for the construction of the water supply system,
as described in the feasibility study.
(4) PUMPING AND INCIDENTAL OPERATIONAL
REQUIREMENTS.—The term ‘‘pumping and inci-
dental operational requirements’’ means all power
requirements that are incidental to the operation of
the water supply system by the Corporation.
(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 sta-
tions, water treatment facilities, cooling facilities,
reservoirs, and pipelines operated 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 SYS-
TEM.
(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 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 with respect to the water supply system;
and
(2) a final engineering report and a plan for a
water conservation program have been prepared and
submitted to Congress for a period of not less than
90 days before the commencement 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 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. 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 sup-
ply system constructed 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 De-
cember 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 construc-
tion of the water supply system under section 4; and
(2) such sums as are necessary to defray in-
creases 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 construc-
tion of the water supply system under section 4; and
(2) such sums as are necessary to defray in-
creases in development costs reflected in appropriate
engineering cost indices after March 1, 1995.
SEC. 9. CONSTRUCTION OVERSIGHT.
(a) AUTHORIZATION.—At the request of the Corpora-
tion, the Secretary may provide to the Corporation assist-
ance 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 Da-
kota.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the
Secretary—
(1) $15,000,000 for the planning and construc-
tion of the water supply system under section 4; and