[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1085 Introduced in Senate (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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