S.244 - Lewis and Clark Rural Water System Act of 1999106th Congress (1999-2000)
Text: S.244 — 106th Congress (1999-2000)
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Referred in House (01/27/2000)
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[Congressional Bills 106th Congress] [From the U.S. Government Printing Office] [S. 244 Referred in House (RFH)] 2d Session S. 244 _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 27, 2000 Referred to the Committee on Resources _______________________________________________________________________ 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 corporation, for the planning and construction of the water supply system, and for other purposes. 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 ``Lewis and Clark Rural Water System Act of 1999''. SEC. 2. DEFINITIONS. In this Act: (1) Environmental enhancement.--The term ``environmental enhancement'' means the wetland and wildlife enhancement activities that are carried out substantially in accordance with the environmental enhancement component of the feasibility study. (2) Environmental enhancement component.--The term ``environmental enhancement component'' means the proposals described in the report entitled ``Wetlands and Wildlife Enhancement for the Lewis and Clark Rural Water System'', dated December 1994. (3) 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 Minnesota'', dated September 1993, that includes a water conservation plan, environmental report, and environmental enhancement component. (4) 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. (5) Member entity.--The term ``member entity'' means a rural water system or municipality that meets the requirements for membership as defined by the Lewis and Clark Rural Water System, Inc. bylaws, dated September 6, 1990. (6) 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. (7) Pumping and incidental operational requirements.--The term ``pumping and incidental 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 individual users. (8) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (9) 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-- (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 facilities; and (v) such other pipelines, pumping plants, and facilities as the Secretary considers necessary and appropriate 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). (10) 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. 3. 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, environmental enhancement, 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 Minnesota; 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 subsection (a) to the water supply system shall not exceed the amount of funds authorized under section 9. (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 conservation program are prepared and submitted to Congress not less than 90 days before the commencement of construction of the water supply project. SEC. 4. FEDERAL ASSISTANCE FOR THE ENVIRONMENTAL ENHANCEMENT COMPONENT. (a) Initial Development.--The Secretary shall make grants and other funds available to the water supply system and other private, State, and Federal entities, for the initial development of the environmental enhancement component. (b) Nonreimbursement.--Funds provided under subsection (a) shall be nonreimbursable and nonreturnable. SEC. 5. 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, concurrent with project construction, as provided in the feasibility study. SEC. 6. USE OF PICK-SLOAN POWER. (a) In General.--From power designated for future irrigation and drainage pumping for the Pick-Sloan Missouri River Basin Program, the Western Area Power Administration shall make available the capacity and energy required to meet the pumping and incidental operational requirements of the water supply project during the period beginning May 1 and ending October 31 of each year. (b) Conditions.--The capacity and energy described in subsection (a) shall be made available on the following conditions: (1) The water supply system shall be operated on a not-for- profit basis. (2) The water supply system shall contract to purchase the entire electric service requirements of the project, including the capacity and energy made available under subsection (a), from a qualified preference power supplier that itself purchases power from the Western Area Power Administration. (3) The rate schedule applicable to the capacity and energy made available under subsection (a) shall be the firm power rate schedule of the Pick-Sloan Eastern Division of the Western Area Power Administration in effect when the power is delivered by the Administration to the qualified preference power supplier. (4) It is agreed by contract among-- (A) the Western Area Power Administration; (B) the power supplier with which the water supply system contracts under paragraph (2); (C) the power supplier of the entity described in subparagraph (B); and (D) the water supply system; that in the case of the capacity and energy made available under subsection (a), the benefit of the rate schedule described in paragraph (3) shall be passed through to the water supply system, except that the power supplier of the water supply system shall not be precluded from including, in the charges of the supplier to the water system for the electric service, the other usual and customary charges of the supplier. SEC. 7. NO LIMITATION ON WATER PROJECTS IN STATES. This Act 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 enactment of this Act. SEC. 8. WATER RIGHTS. Nothing in this Act-- (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. 9. 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 construction budget for planning and construction of the water supply project under section 3; 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 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 participation in the project. SEC. 10. 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 to the water supply project and environmental enhancement component for the service area of the water supply system described in section 3(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. (c) Operation and Maintenance.--The water supply system shall be responsible for annual operation and maintenance of the project. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $223,987,700, to remain available until expended, of which not more than $10,100,000 shall be used for the initial development of the environmental enhancement component under section 4. Passed the Senate November 19, 1999. Attest: GARY SISCO, Secretary.