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“PERKINS COUNTY RURAL WATER SYSTEM ACT OF 1999” mentioning the Department of Interior was published in the Senate section on pages S3574-S3575 on March 25, 1999.
The publication is reproduced in full below:
PERKINS COUNTY RURAL WATER SYSTEM ACT OF 1999
The Senate proceeded to consider the bill (S. 243) 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.
The amendment (No. 251) was agreed to, as follows:
Strike all after the enacting clause and insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Perkins County Rural Water System Act of 1999''.
SEC. 2. FINDINGS.
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 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.
(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 Corporation shall be operated on a not-for-profit basis.
(2) The Corporation may contract to purchase its entire electric service requirements for the water supply 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 shall be agreed by contract among--
(A) the Western Area Power Administration;
(B) the power supplier with which the Corporation contracts under paragraph (2);
(C) the power supplier of the entity described in subparagraph (B); and
(D) the Corporation;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 Corporation, except that the power supplier of the Corporation 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. 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 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.
The bill (S. 243) was ordered to be engrossed for a third reading, read the third time, and passed, as follows:
S. 243
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.
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 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.
(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 Corporation shall be operated on a not-for-profit basis.
(2) The Corporation may contract to purchase its entire electric service requirements for the water supply 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 shall be agreed by contract among--
(A) the Western Area Power Administration;
(B) the power supplier with which the Corporation contracts under paragraph (2);
(C) the power supplier of the entity described in subparagraph (B); and
(D) the Corporation;
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 Corporation, except that the power supplier of the Corporation 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. 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 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.
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