Home > 105th Congressional Bills > S. 2117 (eas) ...S. 2117 (eas) ...
105th CONGRESS
2d Session
S. 2117
_______________________________________________________________________
AMENDMENT
In the House of Representatives, U. S.,
October 12, 1998.
Resolved, That the bill from the Senate (S. 2117) entitled ``An Act to
authorize the construction of the Perkins County Rural Water System and
authorize financial assistance to the Perkins County Rural Water System, Inc., a
nonprofit corporation, in the planning and construction of the water supply
system, and for other purposes'', do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
TITLE I--PERKINS COUNTY RURAL WATER SYSTEM ACT OF 1998
SEC. 101. SHORT TITLE.
This title may be cited as the ``Perkins County Rural Water System
Act of 1998''.
SEC. 102. 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. 103. DEFINITIONS.
In this title:
(1) 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.
(2) 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.
(3) Pumping and incidental operational requirements.--The
term ``pumping and incidental operational requirements'' means
all power requirements that are incidental to the operation of
intake facilities, pumping stations, water treatment
facilities, cooling facilities, reservoirs, and pipelines to
the point of delivery of water by the Perkins County Rural
Water System to each entity that distributes water at retail to
individual users.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner of the Bureau
of Reclamation.
(5) Water supply system.--The term ``water supply system''
means the Perkins County Rural Water System, Inc., a nonprofit
corporation, established and operated substantially in
accordance with the feasibility study.
SEC. 104. FEDERAL ASSISTANCE FOR WATER SUPPLY SYSTEM.
(a) In General.--The Secretary shall make grants to the water
supply system 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. 105. 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. 106. 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 system 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 may contract to purchase its
entire electric service requirements, 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.
(4) It shall be 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 Perkins County Rural Water System, Inc.;
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. 107. FEDERAL SHARE.
The Federal share under section 104 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 104; and
(2) such sums as are necessary to defray increases in
development costs reflected in appropriate engineering cost
indices after March 1, 1995.
SEC. 108. NON-FEDERAL SHARE.
The non-Federal share under section 104 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 104; and
(2) such sums as are necessary to defray increases in
development costs reflected in appropriate engineering cost
indices after March 1, 1995.
SEC. 109. CONSTRUCTION OVERSIGHT.
(a) Authorization.--At the request of the Perkins County Rural
Water System, the Secretary may provide construction oversight to the
water supply system for areas 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. 110. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated--
(1) $15,000,000 for the planning and construction of the
water system under section 104; and
(2) such sums as are necessary to defray increases in
development costs reflected in appropriate engineering cost
indices after March 1, 1995.
TITLE II--PINE RIVER PROJECT CONVEYANCE ACT
SEC. 201. SHORT TITLE.
This title may be cited as the ``Pine River Project Conveyance
Act''.
SEC. 202. DEFINITIONS.
For purposes of this title:
(1) The term ``Jurisdictional Map'' means the map entitled
``Transfer of Jurisdiction--Vallecito Reservoir, United States
Department of Agriculture, Forest Service and United States
Department of the Interior, Bureau of Reclamation and the
Bureau of Indian Affairs'' dated March, 1998.
(2) The term ``Pine River Project'' or the ``Project''
means Vallecito Dam and Reservoir owned by the United States
and authorized in 1937 under the provisions of the Department
of the Interior Appropriation Act of June 25, 1910, 36 Stat.
835; facilities appurtenant to the Dam and Reservoir, including
equipment, buildings, and other improvements; lands adjacent to
the Dam and Reservoir; easements and rights-of-way necessary
for access and all required connections with the Dam and
Reservoir, including those for necessary roads; and associated
personal property, including contract rights and any and all
ownership or property interest in water or water rights.
(3) The term ``Repayment Contract'' means Repayment
Contract #I1r-1204, between Reclamation and the Pine River
Irrigation District, dated April 15, 1940, and amended November
30, 1953, and all amendments and additions thereto, including
the Act of July 27, 1954 (68 Stat. 534), covering the Pine
River Project and certain lands acquired in support of the
Vallecito Dam and Reservoir pursuant to which the Pine River
Irrigation District has assumed operation and maintenance
responsibilities for the dam, reservoir, and water-based
recreation in accordance with existing law.
(4) The term ``Reclamation'' means the Department of the
Interior, Bureau of Reclamation.
(5) The term ``Secretary'' means the Secretary of the
Interior.
(6) The term ``Southern Ute Indian Tribe'' or ``Tribe''
means a federally recognized Indian tribe, located on the
Southern Ute Indian Reservation, La Plata County, Colorado.
(7) The term ``Pine River Irrigation District'' or
``District'' means a political division of the State of
Colorado duly organized, existing, and acting pursuant to the
laws thereof with its principal place of business in the City
of Bayfield, La Plata County, Colorado and having an undivided
\5/6\ right and interest in the use of the water made available
by Vallecito Reservoir for the purpose of supplying the lands
of the District, pursuant to the Repayment Contract, and the
decree in Case No. 1848-B, District Court, Water Division 7,
State of Colorado, as well as an undivided \5/6\ right and
interest in the Pine River Project.
SEC. 203. TRANSFER OF THE PINE RIVER PROJECT.
(a) Conveyance.--The Secretary is authorized to convey, without
consideration or compensation to the District, by quitclaim deed or
patent, pursuant to section 206, the United States undivided \5/6\
right and interest in the Pine River Project under the jurisdiction of
Reclamation for the benefit of the Pine River Irrigation District. No
partition of the undivided \5/6\ right and interest in the Pine River
Project shall be permitted from the undivided \1/6\ right and interest
in the Pine River Project described in subsection (b) and any quitclaim
deed or patent evidencing a transfer shall expressly prohibit
partitioning. Effective on the date of the conveyance, all obligations
between the District and the Bureau of Indian Affairs on the one hand
and Reclamation on the other hand, under the Repayment Contract or with
respect to the Pine River Project are extinguished. Upon completion of
the title transfer, said Repayment Contract shall become null and void.
The District shall be responsible for paying 50 percent of all costs
associated with the title transfer.
(b) Bureau of Indian Affairs Interest.--At the option of the Tribe,
the Secretary is authorized to convey to the Tribe the Bureau of Indian
Affairs' undivided \1/6\ right and interest in the Pine River Project
and the water supply made available by Vallecito Reservoir pursuant to
the Memorandum of Understanding between the Bureau of Reclamation and
the Office of Indian Affairs dated January 3, 1940, together with its
Amendment dated July 9, 1964 (`MOU'), the Repayment Contract and
decrees in Case Nos. 1848-B and W-1603-76D, District Court, Water
Division 7, State of Colorado. In the event of such conveyance, no
consideration or compensation shall be required to be paid to the
United States.
(c) Federal Dam Use Charge.--Nothing in this title shall relieve
the holder of the license issued by the Federal Energy Regulatory
Commission under the Federal Power Act for Vallecito Dam in effect on
the date of enactment of this Act from the obligation to make payments
under section 10(e)(2) of the Federal Power Act during the remaining
term of the present license. At the expiration of the present license
term, the Federal Energy Regulatory Commission shall adjust the charge
to reflect either (1) the \1/6\ interest of the United States remaining
in the Vallecito Dam after conveyance to the District; or (2) if the
remaining \1/6\ interest of the United States has been conveyed to the
Tribe pursuant to subsection (b), then no Federal dam charge shall be
levied from the date of expiration of the present license.
SEC. 204. JURISDICTIONAL TRANSFER OF LANDS.
(a) Inundated Lands.--To provide for the consolidation of lands
associated with the Pine River Project to be retained by the Forest
Service and the consolidation of lands to be transferred to the
District, the administrative jurisdiction of lands inundated by and
along the shoreline of Vallecito Reservoir, as shown on the
Jurisdictional Map, shall be transferred, as set forth in subsection
(b) (the ``Jurisdictional Transfer''), concurrently with the conveyance
described in section 203(a). Except as otherwise shown on the
Jurisdictional Map--
(1) for withdrawn lands (approximately 260 acres) lying
below the 7,765-foot reservoir water surface elevation level,
the Forest Service shall transfer an undivided \5/6\ interest
to Reclamation and an undivided \1/6\ interest to the Bureau of
Indian Affairs in trust for the Tribe; and
(2) for Project acquired lands (approximately 230 acres)
above the 7,765-foot reservoir water surface elevation level,
Reclamation and the Bureau of Indian Affairs shall transfer
their interests to the Forest Service.
(b) Map.--The Jurisdictional Map and legal descriptions of the
lands transferred pursuant to subsection (a) shall be on file and
available for public inspection in the offices of the Chief of the
Forest Service, Department of Agriculture, the Commissioner of
Other Popular 105th Congressional Bills Documents:
|
| GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information. |
 |