[106th Congress Public Law 136]
[From the U.S. Government Printing Office]
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[DOCID: f:publ136.106]
PERKINS COUNTY RURAL WATER SYSTEM ACT OF 1999
Public Law 106-136
106th Congress
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. <<NOTE: Dec. 7,
1999 - [H.R. 970]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in <<NOTE: Perkins County Rural Water System
Act of 1999.>> 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 Southwest
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 Perkins
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 requirements.--The
term ``pumping and incidental 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 stations, 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 SYSTEM.
(a) In <<NOTE: Grants.>> 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) <<NOTE: Report. Deadline.>> 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 supply system 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.
For <<NOTE: Effective dates.>> operation during the period beginning
May 1 and ending October 31 of each year, portions of the water supply
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 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
(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:
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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.
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