Page:United States Statutes at Large Volume 102 Part 3.djvu/617

 PUBLIC LAW 100-516—OCT. 24, 1988

102 STAT. 2569

the West River Rural Water System and the Lyman-Jones Rural Water System in Haakon, Jackson, Jones, Lyman, Mellette, Pennington, and Stanley Counties, South Dakota, as described in the report entitled "1988 Planning Report and Environmental Assessment" and dated February 1988. (2) The Secretary may not provide more than 65 per centum of the total cost of— (A) the West River Rural Water System, and (B) the Lyman-Jones Rural Water System. Such Federal funds may be obligated and expended only through cooperative agreements described in subsection (b). (3) The non-Federal share of the costs allocated to the West River and Lyman-Jones Rural Water Systems shall be 35 per centum. (b) COOPERATIVE AGREEMENTS.—

(1) The Secretary, with the concurrence of the Lyman-Jones and West River Rural Water Systems, shall execute cooperative agreements with the appropriate non-Federal entities to provide Federal assistance for the planning, design, and construction of the West River Rural Water System and the Lyman-Jones Rural Water System. Such cooperative agreements shall set forth, in a manner acceptable to the Secretary— (A) the reponsibilities of the parties for needs assessment, feasibility and environmental studies; engineering and design; construction; water conservation measures; and administration of any contracts with respect to this subparagraph; (B) the procedures and requirements for approval and acceptance of such design and construction; and (C) the rights, responsibilities, and liabilities of each party to the agreement. (c) FACILITIES ON WHICH FEDERAL FUNDS MAY B E EXPENDED.—The

facilities on which Federal funds may be obligated and expended under this section shall include— (1) water intake, pumping, treatment, storage, interconnection, and pipeline facilities; (2) appurtenant buildings and access roads; (3) necessary property and property rights; (4) electrical power transmission and distribution facilities necessary for service to water system facilities; (5) planning and design services for all facilities; and (6) other facilities and services customary to the development of rural water distribution systems in South Dakota. (d) SERVICE AREA.—The service area of the West River Rural Water System and the Lyman-Jones Rural Water System shall be as described in the engineering study entitled "1988 Planning Report and Environmental Assessment" and dated February 1988.

Highways. Real property. Utilities. Energy.

(e) LIMITATION ON AVAILABILITY OF CONSTRUCTION FUNDS.—The

Secretary shall not obligate funds for the construction of the West River Rural Water System and the Lyman-Jones Rural Water System until— (1) the requirements of the National Environmental Policy Act of 1969 have been met; and (2) final engineering reports have been prepared and submitted to the Congress for a period of not less than ninety days. (f) PROHIBITIONS ON U S E OF FEDERAL FUNDS.—The Secretary may

not obligate or expend any Federal funds for the operation, mainte-

Reports.

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