South Dakota Water Feasibility Studies Act
H.R. 9785119th Congress

South Dakota Water Feasibility Studies Act

Introduced in the HouseRep. Dusty Johnson (R-SD-At Large)52 sections · 4 min read
Version: Introduced in House · Jul 20, 2026

(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:

Section 101. Short title

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

Section 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.

(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.

Section 201. Short title

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

Section 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.

(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.

Section 301. Short title

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

Section 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.

(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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