Perkins County Rural Water System Act of 1999
PL 106-136 (H.R.970), enacted 12/07/1999

113 STAT. 1688 
PUBLIC LAW 106-136—DEC. 7, 1999 
Public Law 106-136 
106th Congress 
An Act 
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'^^ authorize the Secretary of the Interior to provide assistance to the Perkins 
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County Rural Water System, Inc., for the construction of water supply facilities 
[H.R. 970) 
in Perkins County, South Dakota. 
Be it enacted by the Senate and House of Representatives 
of 
Perkins County 
the United States of America in Congress assembled, 
Rural Water 
System Act of 
SECTION 1. SHORT TITLE. 
1999 
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 (Pubhc 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. 
PUBLIC LAW 106-136—DEC. 7, 1999 
113 STAT. 1689 
(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 Coimty 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 or 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 
Grants. 
Report. 
Deadline. 
Effective dates. 
113 STAT. 1690 
PUBLIC LAW 106-136—DEC. 7, 1999 
(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. 
Approved December 7, 1999. 
LEGISLATIVE HISTORY—H.R. 970: 
HOUSE REPORTS: No. 106-405 (Comm. on Resources). 
CONGRESSIONAL RECORD, Vol. 145 (1999): 
Oct. 26, considered and passed House. 
Nov. 19, considered and passed Senate.