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[DOCID: f:h970enr.txt]
        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 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 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 
    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 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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.

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