H.R. 9785

119 HR 9785 IH: South Dakota Water Feasibility Studies Act
 U.S. House of Representatives
 2026-07-20
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 I  119th CONGRESS  2d Session  H. R. 9785  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.
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.
I
WESTERN SOUTH DAKOTA WATER SUPPLY PROJECT FEASIBILITY STUDY
101.
Short title
This title may be cited as the   Western South Dakota Water Supply Project Feasibility Study Act  .
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.
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.
II
LEWIS AND CLARK REGIONAL WATER SYSTEM EXPANSION FEASIBILITY STUDY
201.
Short title
This title may be cited as the   Lewis and Clark Regional Water System Expansion Feasibility Study Act  .
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.
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.
III
DAKOTA MAINSTEM WATER SUPPLY PROJECT FEASIBILITY STUDY
301.
Short title
This title may be cited as the   Dakota Mainstem Water Supply Project Feasibility Study Act  .
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.
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.