114 STAT. 580 PUBLIC LAW 106-246-JULY 13, 2000 (i) necessary pumping, treatment, and distribution facilities; (ii) pipelines; (iii) appurtenant buildings and property rights; (iv) electrical power transmission and distribution facilities necessary for services to water systems facilities; and (v) such other pipelines, pumping plants, and facilities as the Secretary considers necessary and appropriate to meet the water supply, economic, public health, and environment needs of the member entities (including water storage tanks, water lines, and other facilities for the member entities). (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. 4103. FEDERAL ASSISTANCE FOR THE WATER SUPPLY SYSTEM. Grants. (a) IN GENERAL.— The Secretary shall make grants to the water supply system for the planning and construction of the water supply project. (b) SERVICE AREA.—The water supply system shall provide for the member entities safe and adequate municipal, rural, and industrial water supplies, 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 4108. (d) LIMITATION ON AVAILABILITY OF CONSTRUCTION FUNDS. — The Secretary shall not obligate funds for the construction of the water supply project until— (1) the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) are met; and Reports. (2) a final engineering report and a plan for a water con- Deadline, servation program are prepared and submitted to the Congress not less than 90 days before the commencement of construction of the water supply project. SEC. 4104. 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 project shall be on an acre-for-acre basis, based on ecological equivalency, concurrent with project construction, as provided in the feasibility study. SEC. 4105. 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, at the firm power rate, the capacity and energy required to meet
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