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Calendar No. 614
105th CONGRESS
1st Session
S. 777
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 21, 1997
Mr. Johnson (for himself, Mr. Daschle, Mr. Wellstone, Mr. Grams, Mr.
Harkin, and Mr. Grassley) introduced the following bill; which was read
twice and referred to the Committee on Energy and Natural Resources
September 25, 1998
Reported by Mr. Murkowski, with amendments
[Omit the part struck through and insert the part printed in italic]
_______________________________________________________________________
A BILL
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 1997''.
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 component
described in the report entitled ``Wetlands and Wildlife
Enhancement for the Lewis and Clark Rural Water System'', dated
April 1991, that is included in the feasibility study.
(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) Member entity.--The term ``member entity'' means a
rural water system or municipality that signed a Letter of
Commitment to participate in the water supply system.
(5) 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
system, as contained in the feasibility study.
(6) 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, 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.
<DELETED> (7) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.</DELETED>
(7) System funding agencies.--The term ``System Funding
Agencies'' means the Environmental Protection Agency and the
Department of Agriculture.
(8) 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 <DELETED>Secretary </DELETED>System Funding
Agencies shall make grants to the water supply system for the planning
and construction of the water supply system.
(b) Service Area.--The water supply system shall provide for 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 10.
(d) Limitation on Availability of Construction Funds.--The
<DELETED>Secretary </DELETED>System Funding Agencies 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;
(2) a final engineering report is prepared and submitted to
Congress not less than 90 days before the commencement of
construction of the water supply system; and
(3) a water conservation program is developed and
implemented.
SEC. 4. FEDERAL ASSISTANCE FOR THE ENVIRONMENTAL ENHANCEMENT COMPONENT.
(a) Initial Development.--The <DELETED>Secretary </DELETED>System
Funding Agencies 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. WATER CONSERVATION PROGRAM.
(a) In General.--The water supply system shall establish a water
conservation program that ensures that users of water from the water
supply system use the best practicable technology and management
techniques to conserve water use.
(b) Requirements.--The water conservation programs shall include--
(1) low consumption performance standards for all newly
installed plumbing fixtures;
(2) leak detection and repair programs;
(3) rate schedules that do not include declining block rate
schedules for municipal households and special water users (as
defined in the feasibility study);
(4) public education programs and technical assistance to
member entities; and
(5) coordinated operation among each rural water system,
and each water supply facility in existence on the date of
enactment of this Act, in the service area of the system.
(c) Review and Revision.--The programs described in subsection (b)
shall contain provisions for periodic review and revision, in
cooperation with the <DELETED>Secretary. </DELETED>Secretary of the
Interior.
SEC. 6. 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 system shall be on an
acre-for-acre basis, based on ecological equivalency, concurrent with
project construction, as provided in the feasibility study.
SEC. 7. USE OF PICK-SLOAN POWER.
(a) In General.--From power designated for future irrigation and
drainage pumping for the Pick-Sloan Missouri 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 on May 1 and ending
on 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 system, 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 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. 8. 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. 9. 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. 10. COST SHARING.
(a) Federal Cost Share.--
(1) In general.--Except as provided in paragraph (2), the
<DELETED>Secretary </DELETED>System Funding Agencies 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 system under section 3;
(B) such amounts as are necessary to defray
increases in the budget for planning and construction
of the water supply system under section 3; and
(C) 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 <DELETED>Secretary </DELETED>System
Funding Agencies 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. 11. BUREAU OF RECLAMATION.
(a) Authorization.--The Secretary of the Interior may allow the
Director of the Bureau of Reclamation to provide project construction
oversight to the water supply system 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 Director of the Bureau of Reclamation for <DELETED>planning and
construction </DELETED>oversight and other technical assistance of the
water supply system 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.
SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act
$226,320,000, of which not less than $8,487,000 shall be used for the
initial development of the environmental enhancement component under
section 4, to remain available until expended.
Calendar No. 614
105th CONGRESS
2d Session
S. 777
_______________________________________________________________________
A BILL
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.
_______________________________________________________________________
September 25, 1998
Reported with amendments
Pages: 1 Other Popular 105th Congressional Bills Documents:
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