[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1732 Introduced in Senate (IS)]
1st Session
S. 1732
To direct the Secretary of the Interior to establish a rural water
supply program in the Reclamation States to provide a clean, safe,
affordable, and reliable water supply to rural residents.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 15, 2003
Mr. Domenici introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To direct the Secretary of the Interior to establish a rural water
supply program in the Reclamation States to provide a clean, safe,
affordable, and reliable water supply to rural residents.
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 Water Supply Act
of 2003''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Construct.--The term ``construct'' means to--
(A) install new infrastructure; and
(B) upgrade or replace existing facilities that are
associated with the new infrastructure authorized under
this Act.
(2) Indian tribe.--The term ``Indian tribe'' means any
Indian entity that is--
(A) included on the list of recognized tribes that
the Secretary publishes in the Federal Register in
accordance with section 104 of the Federally Recognized
Indian Tribe List Act of 1994 (25 U.S.C. 479a-1); and
(B) recognized by the Secretary as eligible to
receive services from the Federal Government.
(3) Non-federal project entity.--The term ``non-Federal
project entity'' means a State, regional, or local authority,
Indian tribe, or other qualifying entity, such as a water
conservation district, water conservancy district, or rural
water district or association.
(4) Program.--The term ``program'' means the rural water
supply program established under section 3(a).
(5) Project.--
(A) In general.--The term ``project'' means a water
supply project for communities, an Indian tribe, or
dispersed homesites with domestic or rural water.
(B) Inclusion.--The term ``project'' includes
incidental livestock watering.
(6) Reclamation law.--The term ``Reclamation law'' means
the Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts
supplemental to and amendatory of that Act (43 U.S.C. 371 et
seq.)).
(7) Reclamation state.--The term ``Reclamation State''
means each of the States identified in the first section of the
Act of June 17, 1902 (43 U.S.C. 391).
(8) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. RURAL WATER SUPPLY PROGRAM.
(a) In General.--The Secretary, in cooperation with non-Federal
project entities, may carry out a rural water supply program to plan,
design, and construct projects in Reclamation States.
(b) Eligibility Criteria.--
(1) In general.--The Secretary shall develop and publish in
the Federal Register criteria for determining the eligibility
of a project for assistance under the program.
(2) Considerations.--The criteria developed under paragraph
(1) shall take into account such factors as--
(A) whether a project serves--
(i) rural areas and communities; or
(ii) Indian tribes;
(B) whether there is an urgent and compelling need
for a project that would--
(i) result in continuous, measurable, and
significant water quality benefits;
(ii) address current or future water supply
shortages; or
(iii) improve the health or aesthetic
quality of water;
(C) whether a project helps meet any applicable
legal requirements;
(D) whether a project--
(i) promotes and applies a regional or
watershed perspective to water resource
management or cross-boundary issues;
(ii) implements an integrated resources
management approach;
(iii) increases water management
flexibility; or
(iv) forms a partnership with other
entities; and
(E) whether a project provides benefits outside the
region in which the project is carried out.
(c) Cost-Sharing Requirement.--
(1) Federal share.--The Federal share of the cost of the
planning and construction of a project shall be the amount
established by the Secretary in the feasibility report for the
project under section 5(c)(1)(D)(i).
(2) Non-federal share.--
(A) In general.--Except as provided in subparagraph
(B), the non-Federal share shall be not less than 25
percent of the cost of planning and construction of the
project, but not more than the amount established by
the Secretary in the feasibility report for the project
under section 5(c)(1)(D)(i).
(B) Reduced non-federal share.--The Secretary may
reduce the non-Federal share of the cost of the
planning and construction of a project under
subparagraph (A) if the Secretary determines that the
amount of the non-Federal share required by that
subparagraph would result in economic hardship for the
non-Federal project entity.
(C) Limitation.--Grants from other Federal sources
shall not be credited toward the non-Federal share
required by this paragraph.
SEC. 4. APPRAISAL INVESTIGATIONS.
(a) In General.--On request of a non-Federal project entity, the
Secretary, in cooperation with the non-Federal project entity and in
consultation with appropriate State, regional, local, and tribal
authorities, may conduct an appraisal investigation of a project to
determine whether--
(1) the project meets the criteria developed under section
(3)(b); and
(2) the Secretary should initiate a feasibility study under
section 5(a).
(b) Report.--On completion of the investigation under subsection
(a), the Secretary shall prepare an appraisal report that includes any
recommendations of the Secretary with respect to whether a feasibility
study should be initiated for the project under section 5(a).
(c) Costs.--The Secretary shall pay the costs of any appraisal
investigations conducted under this section.
SEC. 5. FEASIBILITY STUDIES.
(a) In General.--The Secretary, in cooperation with a non-Federal
project entity, may carry out studies to determine the feasibility of
rural water supply systems recommended for study under section 4(b).
(b) Study Considerations.--In conducting a feasibility study under
this section, the Secretary shall consider--
(1) the need for the proposed project;
(2) short- and long-term water demand and supplies in the
study area;
(3) an evaluation of whether the resources in the study
area are capable of providing a safe and reliable source of
potable water to the communities and rural areas to be served;
(4) any reasonable alternatives to the proposed project
(including nonstructural alternatives) that satisfy the need
for action, including an alternative that is within the ability
of the non-Federal project entity to pay operation,
maintenance, and repair costs of the proposed project;
(5) the economic feasibility and cost effectiveness of the
proposed project;
(6) impacts of the proposed project on the natural and
human environment;
(7) appropriate water conservation measures; and
(8) the financial ability of the non-Federal project entity
to pay--
(A) the non-Federal share of any planning and
construction costs of the proposed project; and
(B) 100 percent of the operation, maintenance, and
replacement costs allocated under subsection
(c)(1)(C)(i).
(c) Report.--
(1) In general.--On completion of a feasibility study under
subsection (a), the Secretary shall prepare a report that--
(A) describes the engineering, environmental, and
economic activities of the Secretary carried out under
the study;
(B) takes into consideration--
(i) the range of potential solutions for,
and the circumstances and needs of, the area to
be served by the proposed project;
(ii) the potential benefits to the people
of the study area; and
(iii) appropriate water conservation
measures;
(C) includes a schedule that identifies--
(i) the amount of operation, maintenance,
and replacement costs that should be allocated
to each non-Federal project entity
participating in the project; and
(ii) the current and expected financial
ability of each non-Federal project entity to
pay the allocated operation, maintenance, and
replacement costs;
(D)(i) specifies the Federal and non-Federal share
of the planning and construction costs of the project;
and
(ii) allocates the non-Federal share among project
beneficiaries; and
(E) includes the recommendations of the Secretary
as to whether the project should be carried out under
this Act.
(2) Submission to congress.--With respect to any project
that the Secretary recommends under paragraph (1)(E), the
Secretary shall submit to Congress--
(A) the feasibility report for the proposed project
prepared under paragraph (1);
(B) any environmental reports associated with the
proposed project; and
(C) a request to develop and construct the proposed
project, as appropriate.
(d) Priorities.--The Secretary shall establish priorities for
carrying out projects under this Act based on--
(1) the extent to which the project takes advantage of--
(A) economic incentives; and
(B) the use of market-based mechanisms;
(2) the cost benefit of the project versus other
alternatives such as desalination;
(3) whether non-Federal project entities have adequate
fiscal controls in place to manage the project; and
(4) the extent to which the project involves partnerships.
(e) Cost-Sharing Requirement.--
(1) Federal share.--The Federal share of the cost of a
feasibility study carried out under this section shall not
exceed 50 percent of the study costs.
(2) Form of non-federal share.--The non-Federal share under
paragraph (1) may be in the form of any in-kind services that
the Secretary determines would contribute substantially toward
the conduct and completion of the study.
(f) Reimbursement of Costs.--If a project is constructed under the
program, the Federal share of feasibility studies shall be--
(1) considered to be project costs; and
(2) reimbursed in accordance with Reclamation law.
SEC. 6. OPERATION, MAINTENANCE, AND REPLACEMENT COSTS.
(a) In General.--To be eligible to carry out a project under this
Act, a non-Federal project entity shall establish, to the satisfaction
of the Secretary, that the non-Federal project entity has the ability
to pay all operation, maintenance, and replacement costs of the project
facilities.
(b) Plan.--The non-Federal project entity, in consultation with the
Secretary, shall develop an operation, maintenance, and replacement
plan to provide the necessary framework to assist the non-Federal
project entity in establishing rates and fees for project
beneficiaries.
SEC. 7. MISCELLANEOUS PROVISIONS.
(a) Authority of Secretary.--The Secretary may enter into
contracts, financial assistance agreements, and such other agreements,
and promulgate such regulations, as are necessary to carry out this
Act.
(b) Limitation on Use of Funds.--None of the funds made available
to the Secretary for planning or construction of a rural water supply
project developed under the program may be used to plan or construct
facilities used to supply water for irrigation.
(c) Title to Projects.--Title to the components of rural water
supply projects planned, designed, and constructed under the program
shall be held by the non-Federal project entity.
SEC. 8. EFFECT ON FEDERAL RECLAMATION LAW.
Nothing in this Act supersedes or amends--
(1) Reclamation law; or
(2) any Federal law associated with a project, or portion
of a project constructed under Reclamation law.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this Act $70,000,000 for fiscal year 2004 and each fiscal year
thereafter.
(b) Construction Cost Indexing.--
(1) In general.--Any amounts appropriated for the planning
and construction of projects under this Act shall include such
sums as are necessary to defray increases in development costs
reflected in appropriate engineering cost indices after the
completion date of the applicable feasibility report, to remain
available until expended.
(2) Cost sharing.--The Federal and non-Federal share of
cost increases due to inflation shall be allocated in amounts
that are proportionate to the allocation determined under
section 3(c).
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