Bills · S. 3723 · Text

Reported to Senate

Confirmed from the official record

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S. 3723: the bill

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3723 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 648
119th CONGRESS
  2d Session
                                S. 3723

    To require the Secretary of the Interior to conduct a study to 
     determine the feasibility of constructing a project to supply 
 municipal, rural, and industrial water from the Missouri River to the 
     Western Dakota Regional Water System, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 29, 2026

 Mr. Thune (for himself and Mr. Rounds) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

                           September 17, 2026

                 Reported by Mr. Lee, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
    To require the Secretary of the Interior to conduct a study to 
     determine the feasibility of constructing a project to supply 
 municipal, rural, and industrial water from the Missouri River to the 
     Western Dakota Regional Water System, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Western South Dakota Water 
Supply Project Feasibility Study Act''.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Non-federal project entity.--The term ``non-
        Federal project entity'' means the Western Dakota Regional 
        Water System, Inc., a nonprofit corporation.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (3) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>

<DELETED>SEC. 3. WESTERN SOUTH DAKOTA WATER SUPPLY PROJECT FEASIBILITY 
              STUDY.</DELETED>

<DELETED>    (a) Study.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Feasibility report.--After completion of the 
        feasibility study for the proposed rural water supply project 
        under paragraph (1), the Secretary shall--</DELETED>
                <DELETED>    (A) develop a feasibility report that 
                includes a recommendation of the Secretary on--
                </DELETED>
                        <DELETED>    (i) whether the proposed rural 
                        water supply project should be authorized for 
                        construction; and</DELETED>
                        <DELETED>    (ii) the appropriate non-Federal 
                        share of construction costs, which shall be--
                        </DELETED>
                                <DELETED>    (I) at least 25 percent of 
                                the total construction costs; 
                                and</DELETED>
                                <DELETED>    (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;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (C) make the report under subparagraph (A) 
                publicly available, along with associated feasibility 
                study documents.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (d) Authorization of Appropriations.--There is authorized 
to be appropriated to the Secretary to carry out this section 
$10,000,000.</DELETED>
<DELETED>    (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.</DELETED>

SECTION 1. SHORT TITLE.

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

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Non-federal project entity.--The term ``non-Federal 
        project entity'' means the Western Dakota Regional Water 
        System, Inc., a nonprofit corporation.
            (2) Western south dakota water supply project.--The term 
        ``Western South Dakota 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 (acting through the Commissioner of 
        Reclamation).

SEC. 3. 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 Western South Dakota Water 
        Supply Project in accordance with the reclamation laws and 
        reclamation feasibility standards.
            (2) Feasibility report.--After completion of the 
        feasibility study for the Western South Dakota 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 Western South Dakota Water 
                        Supply Project is found to be technically and 
                        financially feasible in accordance with the 
                        reclamation laws;
                            (ii) whether the Western South Dakota Water 
                        Supply Project should be authorized for 
                        construction; and
                            (iii) the appropriate non-Federal share of 
                        construction costs, 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 
        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; Funding.--
            (1) Federal share; funding.--The Federal share of the total 
        costs of carrying out the feasibility study under subsection 
        (a)--
                    (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 
subsection (a).
    (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.
                                                       Calendar No. 648

119th CONGRESS

  2d Session

                                S. 3723

_______________________________________________________________________

                                 A BILL

    To require the Secretary of the Interior to conduct a study to 
     determine the feasibility of constructing a project to supply 
 municipal, rural, and industrial water from the Missouri River to the 
     Western Dakota Regional Water System, and for other purposes.

_______________________________________________________________________

                           September 17, 2026

                       Reported with an amendment
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