Dakota Mainstem Water Supply Project Feasibility Study Act

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

In this Act:

(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 3(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.

(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.

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

In this Act:

(1) Dakota mainstem water supply project. The term Dakota Mainstem Water Supply Project means the proposed 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) Non-Federal project entity. The term non-Federal project entity 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 3(a)(1).

(3) Secretary. The term Secretary means the Secretary of the Interior (acting through the Commissioner of Reclamation).

(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 constructing the Dakota Mainstem Water Supply Project in accordance with the reclamation laws and reclamation feasibility standards.

(2) Feasibility report. After completion of the feasibility study for the Dakota Mainstem 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 Dakota Mainstem Water Supply Project is found to be technically and financially feasible in accordance with the reclamation laws;

(ii) whether the Dakota Mainstem Water Supply Project should be authorized for construction; and

(iii) the appropriate non-Federal share of construction costs for the Dakota Mainstem Water Supply Project, which shall be at least 25 percent of the total construction costs;

(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 section.

(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; funding

(1) Federal share; funding. The Federal share of the total costs of carrying out the feasibility study under this section—

(A) shall not exceed 50 percent; and

(B) shall be paid for by the Secretary using appropriated funds.

(2) Identification of funds. Not later than 90 days after the date of enactment of this Act, the Secretary shall identify sources of available funds to pay the Federal share under paragraph (1)(B).

(d) Limitation on expenditures. Not more than $10,000,000 of Federal funds may be expended to carry out the feasibility study under this section.

(e) Termination of authority. The authority provided by this section expires on the date that is 5 years after the date of enactment of this Act.