Page:United States Statutes at Large Volume 113 Part 3.djvu/171

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PUBLIC LAW 106-136—DEC. 7, 1999 113 STAT. 1689 (5) SECRETARY.— The term "Secretary^' means the Secretary of the Interior, acting through the Commissioner of the Bureau 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 Coimty 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 or 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. For operation during the period beginning May 1 and ending October 31 of each year, portions of the water supply system constructed with assistance under this Act shall be eligible to utilize power from the Pick-Sloan Missouri Basin Program established by section 9 of the Act of December 22, 1944 (chapter 665; 58 Stat. 887), popularly known as the Flood Control Act of 1944. 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 Gra nts. Report. Deadline. Effective dates.