II 

109TH CONGRESS 

1ST SESSION S. 353 

To amend the Water Resources Development Act of 1999 to direct the 

Secretary of the Army to provide assistance to design and construct 

a project to provide a continued safe and reliable municipal water supply 

system for Devils Lake, North Dakota. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 10, 2005 

Mr. CONRAD (for himself and Mr. DORGAN) introduced the following bill; 

which was read twice and referred to the Committee on Environment and 

Public Works 

A BILL 

To amend the Water Resources Development Act of 1999 

to direct the Secretary of the Army to provide assistance 

to design and construct a project to provide a continued 

safe and reliable municipal water supply system for Devils Lake, North Dakota. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 (a) IN GENERAL.—The Water Resources Develop5 ment Act of 1999 (Public Law 106–53; 113 Stat. 269) 

6 is amended by inserting after section 597 the following: 
2 

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1 ‘‘SEC. 598. DEVILS LAKE, NORTH DAKOTA. 

2 ‘‘(a) DEFINITION OF PROJECT.—In this section, the 

3 term ‘project’ means a project to provide a continued safe 

4 and reliable municipal water supply system for Devils 

5 Lake, North Dakota. 

6 ‘‘(b) LOCAL COOPERATION AGREEMENT.— 

7 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

8 the Secretary shall enter into a local cooperation 

9 agreement with the non-Federal interest to provide 

10 assistance in designing and constructing the project. 

11 ‘‘(2) RESPONSIBILITY FOR DESIGN WORK.—At 

12 the option of the non-Federal interest, the non-Fed13 eral interest may complete the design work for the 

14 project. 

15 ‘‘(3) NEPA.—The Secretary shall comply with 

16 all applicable requirements under the National Envi17 ronmental Policy Act of 1969 (42 U.S.C. 4321 et 

18 seq.) before beginning construction on the project. 

19 ‘‘(4) REQUIREMENTS.—The local cooperation 

20 agreement entered into under this subsection shall 

21 provide for— 

22 ‘‘(A) the development by local officials of a 

23 water supply project and related facilities, in24 cluding appropriate engineering plans and spec25 ifications; and 
3 

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1 ‘‘(B) the establishment of such legal and 

2 institutional structures as are necessary to en3 sure the effective long-term operation of the 

4 project by the non-Federal interest. 

5 ‘‘(5) COST SHARING.— 

6 ‘‘(A) IN GENERAL.—The local cooperation 

7 agreement shall provide that the Federal share 

8 of the cost of the project— 

9 ‘‘(i) shall be 75 percent; and 

10 ‘‘(ii) may be in the form of grants or 

11 reimbursements of project costs. 

12 ‘‘(B) CREDIT FOR DESIGN AND ENGINEER13 ING WORK.—The non-Federal interest shall re14 ceive credit, not to exceed 6 percent of the total 

15 construction costs of the project, for the reason16 able costs of design and engineering work com17 pleted by the non-Federal interest before enter18 ing into a local cooperation agreement with the 

19 Secretary under this subsection for the project. 

20 ‘‘(C) CREDIT FOR INTEREST.—In case of a 

21 delay in the funding of the Federal share of the 

22 project costs, the non-Federal interest shall re23 ceive credit for reasonable interest incurred in 

24 providing the Federal share of the cost of the 

25 project. 
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1 ‘‘(D) CREDIT FOR LAND, EASEMENTS, AND

2 RIGHTS-OF-WAY.—The non-Federal interest 

3 shall receive credit, not to exceed 25 percent of 

4 the total cost of the project, for land, ease5 ments, rights-of-way, and relocations toward 

6 the non-Federal share of project costs (includ7 ing all reasonable costs associated with obtain8 ing permits necessary for the construction, op9 eration, and maintenance of the project on pub10 licly owned or controlled land). 

11 ‘‘(E) OPERATION AND MAINTENANCE.—

12 The non-Federal share of operation and mainte13 nance costs for the project shall be 100 percent. 

14 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

15 is authorized to be appropriated to carry out this section 

16 $15,000,000, to remain available until expended.’’. 

17 (b) CONFORMING AMENDMENT.—The table of con18 tents of the Water Resources Development Act of 1999 

19 (Public Law 106–53; 113 Stat. 269) is amended by insert20 ing after the item relating to section 597 the following:

‘‘Sec. 598. Devils Lake, North Dakota.’’.

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