An Act to make an appropriation for eligible water and wastewater projects and to declare an emergency.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. There is appropriated the sum of $94,384,221 $89,384,221 in federal fund expenditure authority to the Board of Water and Natural Resources for the purpose of providing grants for eligible water and wastewater projects previously awarded American Rescue Plan Act state fiscal recovery funds. The projects must comply with federal guidance regarding use of the American Rescue Plan Act state fiscal recovery funds. Moneys must be provided according to the terms and conditions established by the board.

Section 2. There is appropriated the sum of $28,000,000 in federal fund expenditure authority to the Board of Water and Natural Resources for the expenditure of state fiscal recovery fund money authorized by the American Rescue Plan Act. The Board of Water and Natural Resources shall obligate these moneys only if Acts previously approved by the Legislature for the use of American Recue Plan Act state fiscal recovery funds contain moneys that are not obligated, as required by the state entity to which they were appropriated, prior to the required deadlines in federal guidance. Moneys must be provided according to the terms and conditions established by the board.

Section 3. The secretary of the Department of Agriculture and Natural Resources shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

Section 4. Any amounts appropriated in this Act not lawfully expended or obligated by June 30, 2027, shall revert in accordance with the procedures prescribed in chapter 4-8.

Section 5. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval.