South Dakota Water Feasibility Studies Act

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9785 Introduced in House (IH)]

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119th CONGRESS
  2d Session
                                H. R. 9785

To direct the Secretary of the Interior to conduct studies to determine
 the feasibility of constructing projects to supply municipal, rural,
and industrial water in certain parts of the Missouri River basin, and
                          for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 20, 2026

 Mr. Johnson of South Dakota introduced the following bill; which was
             referred to the Committee on Natural Resources

_______________________________________________________________________

                                 A BILL

To direct the Secretary of the Interior to conduct studies to determine
 the feasibility of constructing projects to supply municipal, rural,
and industrial water in certain parts of the Missouri River basin, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``South Dakota Water
Feasibility Studies Act''.
    (b) Table of Contents.--The table of contents for this Act is as
follows:

Sec. 1. Short title; table of contents.
  TITLE I--WESTERN SOUTH DAKOTA WATER SUPPLY PROJECT FEASIBILITY STUDY

Sec. 101. Short title.
Sec. 102. Definitions.
Sec. 103. Western South Dakota water supply project feasibility study.
 TITLE II--LEWIS AND CLARK REGIONAL WATER SYSTEM EXPANSION FEASIBILITY
                                 STUDY

Sec. 201. Short title.
Sec. 202. Definitions.
Sec. 203. Lewis and Clark Regional Water System expansion feasibility
                            study.
   TITLE III--DAKOTA MAINSTEM WATER SUPPLY PROJECT FEASIBILITY STUDY

Sec. 301. Short title.
Sec. 302. Definitions.
Sec. 303. Dakota Mainstem water supply project feasibility study.

  TITLE I--WESTERN SOUTH DAKOTA WATER SUPPLY PROJECT FEASIBILITY STUDY

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Western South Dakota Water Supply
Project Feasibility Study Act''.

SEC. 102. DEFINITIONS.

    In this title:
            (1) Non-federal project entity.--The term ``non-Federal
        project entity'' means the Western Dakota Regional Water
        System, Inc., a nonprofit corporation.
            (2) Proposed rural water supply project.--The term
        ``proposed rural water supply project'' means the proposed
        project to supply municipal, rural, and industrial water from
        the Missouri River to the Western Dakota Regional Water System.
            (3) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.

SEC. 103. WESTERN SOUTH DAKOTA WATER SUPPLY PROJECT FEASIBILITY STUDY.

    (a) Study.--
            (1) In general.--The Secretary, in coordination with the
        non-Federal project entity, shall carry out a study to
        determine the feasibility of the proposed rural water supply
        project.
            (2) Feasibility report.--After completion of the
        feasibility study for the proposed rural water supply project
        under paragraph (1), the Secretary shall--
                    (A) develop a feasibility report that includes a
                recommendation of the Secretary on--
                            (i) whether the proposed rural water supply
                        project should be authorized for construction;
                        and
                            (ii) the appropriate non-Federal share of
                        construction costs, which shall be--
                                    (I) at least 25 percent of the
                                total construction costs; and
                                    (II) determined based on an
                                analysis of the financial capability-
                                to-pay the allocated construction and
                                operations, maintenance, and
                                replacement costs of the recommended
                                plan;
                    (B) submit the report under subparagraph (A) to the
                Committee on Energy and Natural Resources of the Senate
                and the Committee on Natural Resources of the House of
                Representatives; and
                    (C) make the report under subparagraph (A) publicly
                available, along with associated feasibility study
                documents.
            (3) Consultation and cooperation.--In addition to the non-
        Federal project entity, the Secretary shall consult and
        cooperate with appropriate Federal, State, Tribal, regional,
        and local authorities during the conduct of the feasibility
        study and development of the feasibility report under this
        subsection.
    (b) Cost-Sharing Agreement for Feasibility Study Costs.--The
Secretary shall enter into a cost-sharing agreement (or an appropriate
financial assistance agreement, as determined by the Secretary) with
the non-Federal project entity to conduct a study under subsection (a)
that complies with the reclamation feasibility standards.
    (c) Federal Share of Feasibility Study Costs.--The Federal share of
the total costs of carrying out the feasibility study under subsection
(a) shall not exceed 50 percent.
    (d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $10,000,000.
    (e) Termination of Authority.--The authority provided by this
section expires on the date that is 10 years after the date of
enactment of this Act.

 TITLE II--LEWIS AND CLARK REGIONAL WATER SYSTEM EXPANSION FEASIBILITY
                                 STUDY

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Lewis and Clark Regional Water
System Expansion Feasibility Study Act''.

SEC. 202. DEFINITIONS.

    In this title:
            (1) Non-federal project entity.--The term ``non-Federal
        project entity'' means--
                    (A) the Lewis and Clark Regional Water System,
                Inc.; and
                    (B) any nonprofit successor entity to the
                corporation described in subparagraph (A).
            (2) Proposed rural water supply project.--The term
        ``proposed rural water supply project'' means the proposed
        project to supply municipal, rural, and industrial water to
        expand the capacity and reach of the Lewis and Clark Regional
        Water System in the States of Iowa, Minnesota, and South
        Dakota.
            (3) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.

SEC. 203. LEWIS AND CLARK REGIONAL WATER SYSTEM EXPANSION FEASIBILITY
              STUDY.

    (a) Study.--
            (1) In general.--The Secretary, in coordination with the
        non-Federal project entity, shall carry out a study to
        determine the feasibility of the proposed rural water supply
        project.
            (2) Feasibility report.--After completion of the
        feasibility study for the proposed rural water supply project
        under paragraph (1), the Secretary shall--
                    (A) develop a feasibility report that includes a
                recommendation of the Secretary on--
                            (i) whether the proposed rural water supply
                        project should be authorized for construction;
                        and
                            (ii) the appropriate non-Federal share of
                        construction costs, which shall be--
                                    (I) at least 25 percent of the
                                total construction costs; and
                                    (II) determined based on an
                                analysis of the financial capability-
                                to-pay the allocated construction and
                                operations, maintenance, and
                                replacement costs of the recommended
                                plan;
                    (B) submit the report under subparagraph (A) to the
                Committee on Energy and Natural Resources of the Senate
                and the Committee on Natural Resources of the House of
                Representatives; and
                    (C) make the report under subparagraph (A) publicly
                available, along with associated feasibility study
                documents.
            (3) Consultation and cooperation.--In addition to the non-
        Federal project entity, the Secretary shall consult and
        cooperate with appropriate Federal, State, Tribal, regional,
        and local authorities during the conduct of the feasibility
        study and development of the feasibility report under this
        subsection.
    (b) Cost-Sharing Agreement for Feasibility Study Costs.--The
Secretary shall enter into a cost-sharing agreement (or an appropriate
financial assistance agreement, as determined by the Secretary) with
the non-Federal project entity to conduct a study under subsection (a)
that complies with the reclamation feasibility standards.
    (c) Federal Share of Feasibility Study Costs.--The Federal share of
the total costs of carrying out the feasibility study under subsection
(a) shall not exceed 50 percent.
    (d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $10,000,000.
    (e) Termination of Authority.--The authority provided by this
section expires on the date that is 10 years after the date of
enactment of this Act.

   TITLE III--DAKOTA MAINSTEM WATER SUPPLY PROJECT FEASIBILITY STUDY

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Dakota Mainstem Water Supply
Project Feasibility Study Act''.

SEC. 302. DEFINITIONS.

    In this title:
            (1) Dakota mainstem regional water system.--The term
        ``Dakota Mainstem Regional Water System'' means the Dakota
        Mainstem Regional Water System, Inc., a nonprofit corporation
        established and operated substantially in accordance with the
        reclamation feasibility standards to serve as a non-Federal
        project entity for purposes of the cooperative agreement
        entered into under section 303(a)(1).
            (2) Reclamation feasibility standards.--The term
        ``reclamation feasibility standards'' means the eligibility
        criteria and feasibility study requirements described in part
        404 of title 43, Code of Federal Regulations (or successor
        regulations).
            (3) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.

SEC. 303. DAKOTA MAINSTEM WATER SUPPLY PROJECT FEASIBILITY STUDY.

    (a) Study.--
            (1) In general.--The Secretary, in consultation with the
        Dakota Mainstem Regional Water System, through a cooperative
        agreement, may undertake a study to determine the feasibility
        of constructing a project to supply municipal, rural, and
        industrial water to the Dakota Mainstem Regional Water System
        service area in the States of South Dakota, Iowa, Nebraska, and
        Minnesota.
            (2) Requirement.--The study under paragraph (1) shall
        comply with the reclamation feasibility standards.
    (b) Federal Share.--The Federal share of the total costs of
carrying out the feasibility study under this section shall not exceed
50 percent.
    (c) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $10,000,000.
    (d) Termination of Authority.--The authority provided by this
section expires on the date that is 10 years after the date of
enactment of this Act.
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