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Reclamation Rural and Small Community Water Enhancement Act (Introduced in Senate)

S 1085 IS

108th CONGRESS

1st Session

S. 1085

To provide for a Bureau of Reclamation program to assist states and local communities in evaluating and developing rural and small community water supply systems, and for other purposes.

IN THE SENATE OF THE UNITED STATES

May 20, 2003

Mr. BINGAMAN (for himself, Mr. BAUCUS, Mr. DASCHLE, and Mr. DORGAN) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

A BILL

To provide for a Bureau of Reclamation program to assist states and local communities in evaluating and developing rural and small community water supply systems, 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 `Reclamation Rural and Small Community Water Enhancement Act'.

SEC. 2. DEFINITIONS.

For purposes of this Act:

(1) FEDERAL RECLAMATION LAWS- The term `Federal reclamation laws' means the Reclamation Act and Acts amendatory thereof and supplementary thereto;

(2) REGIONAL RURAL WATER SUPPLY SYSTEM- The term `regional rural water supply system' means a water supply system that serves multiple towns or communities in a rural area (including Indian reservations) where such towns or communities have a population not exceeding 40,000 persons.

(3) SECRETARY- The term `Secretary' means the Secretary of the Interior.

SEC. 3. GENERAL AUTHORITY.

(a) IN GENERAL- The Secretary, acting pursuant to the Federal reclamation laws, is directed to undertake a program to investigate and identify opportunities to ensure safe and adequate regional rural water supply systems for municipal and industrial use in small communities and rural areas through the construction of new regional rural water supply systems and the enhancement of existing rural water supply systems.

(b) EXCEPTION-

(1) In conducting the investigations and studies authorized by this Act, the Secretary may include a town or community with a population in excess of 40,000 persons if, in the Secretary's discretion, such town or community is considered to be a critical partner in the proposed regional rural water supply system.

(2) In conducting a feasibility study of a regional rural water supply system that includes a community with a population in excess of 40,000 persons, the Secretary may consider a non-federal cost share in excess of the percentage set forth in sections 6(a) and 6(b)(5).

(c) LIMITATION- Such program shall be limited to the States and areas referred to in section 1 of the Reclamation Act of 1902 (Act of June 17, 1902, 32 Stat. 388), as amended, and Indian reservation lands within the external boundaries of such States and areas.

(d) AGREEMENTS- The Secretary is authorized to enter into such agreements and promulgate such regulations as may be necessary to carry out the purposes and provisions of this Act.

SEC. 4. COORDINATION AND PLANNING.

(a) Coordination-

(1) CONSULTATION- In undertaking this program, the Secretary shall consult and coordinate with the Secretary of Agriculture, the Administrator of the Environmental Protection Agency, and the Director of the Indian Health Service, in order to develop criteria to ensure that the program does not duplicate, but instead complements, activities undertaken pursuant to the authorities administered by such agency heads.

(2) REPORT ON AUTHORITIES- Within one year after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives, a report setting forth the results of the consultation required in paragraph (1) and criteria developed pursuant to such consultation.

(b) REPORT AND ACTION ON AUTHORIZED PROJECTS-

(1) Within one year after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives a report setting forth--

(A) the status of all rural water projects within the jurisdiction of the Secretary authorized prior to the date of enactment of this Act; and

(B) the Secretary's plan, including projected financial and workforce requirements, for the completion of the rural water projects within the time frames set forth in the public laws authorizing the projects or the final engineering reports submitted pursuant thereto.

(2) The Secretary shall take all necessary steps to complete the projects within the time frames identified in subsection (1)(B).

SEC. 5. APPRAISAL INVESTIGATIONS.

(a) APPRAISAL INVESTIGATIONS- Based on evidence of local interest and upon the request of a local sponsor, the Secretary may undertake appraisal investigations to identify opportunities for the construction of regional rural water supply systems and the enhancement of existing rural water supply systems for small communities and rural areas. Each such investigation shall include recommendations as to the preparation of a feasibility study of the potential system or system enhancement.

(b) CONSIDERATIONS- Appraisal investigations undertaken pursuant to this Act shall

consider, among other things--

(1) whether an established water supply exists for the proposed regional rural water supply system;

(2) the need for the regional rural water supply system or for enhancements to an existing rural water system, including but not limited to, alternative water supply opportunities and projected demand for water supply;

(3) environmental considerations relating to the regional rural water supply system or rural water system enhancement;

(4) public health and safety considerations relating to the regional rural water supply system or rural water system enhancement;

(5) Indian trust responsibility considerations relating to the regional rural water supply system or rural water system enhancement; and

(6) the availability of other Federal authorities or programs to address the water supply needs identified.

(c) CONSULTATION AND COOPERATION- The Secretary shall consult and cooperate with appropriate Federal, state, tribal, regional, and local authorities during the conduct of each appraisal investigation conducted pursuant to this Act.

(d) COSTS NONREIMBURSABLE- The costs of such appraisal investigations shall be nonreimbursable.

(e) PUBLIC AVAILABILITY- The Secretary shall make available to the public, upon request, the results of each appraisal investigation undertaken pursuant to this Act, and shall promptly publish in the Federal Register a notice of the availability of those results.

SEC. 6. FEASIBILITY STUDIES.

(a) FEASIBILITY STUDIES- The Secretary is authorized to participate with appropriate Federal, state, tribal, regional, and local authorities in studies to determine the feasibility of regional rural water supply systems and rural water supply system enhancements where an appraisal investigation so warrants. The Federal share of the costs of such feasibility studies shall not exceed 50 percent of the total, except that the Secretary may increase the Federal share of the costs of such feasibility study if the Secretary determines, based upon a demonstration of financial hardship, that the non-Federal participant is unable to contribute at least 50 percent of the costs of such study. The Secretary may accept as part of the non-Federal cost share the contribution of such in-kind services by the non-Federal participant that the Secretary determines will contribute substantially toward the conduct and completion of the study.

(b) CONSIDERATIONS- In addition to the requirements of other Federal laws, feasibility studies authorized under this Act shall consider, among other things--

(1) whether an established water supply exists for the proposed regional rural water supply system;

(2) near- and long-term water demand and supplies in the study area including any opportunities to treat and utilize impaired water supplies through innovative and economically viable treatment technologies;

(3) public health and safety and environmental quality issues related to the regional rural water supply system or rural water system enhancement;

(4) opportunities for water conservation in the study area to reduce water use and water system costs;

(5) the construction costs and projected operation and maintenance costs of the proposed regional rural water supply system and an assessment of participating communities' ability to pay 20 percent to 50 percent of the construction costs and the full share of the system operation and maintenance costs;

(6) opportunities for mitigation of fish and wildlife losses incurred as a result of the construction of the regional rural water supply system or rural water system enhancement on an acre-for-acre basis, based on ecological equivalency, concurrent with system construction; and

(7) the extent to which assistance for rural water supply is available pursuant to other Federal authorities and the likely effectiveness of efforts to coordinate assistance provided by the Secretary with other available Federal programs and assistance.

(c) USE OF OTHER REPORTS- In conducting a feasibility study pursuant to this section, or an appraisal investigation under section 5, the Secretary shall, to the maximum extent practicable, utilize, in whole or in part, any engineering or other relevant report submitted by a state, tribal, regional, or local authority associated with the proposed regional rural water supply system.

(d) PUBLIC AVAILABILITY- The Secretary shall make available to the public, upon request, the results of each feasibility study undertaken pursuant to this Act, and shall promptly publish in the Federal Register a notice of the availability of those results.

(e) DISCLAIMER- Nothing contained in this section shall be interpreted as requiring a feasibility study or imposing any other new requirement for rural water projects or programs that are already authorized.

SEC. 7. AUTHORIZATION.

There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act.

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