PUBLIC LAW 106–566—DEC. 23, 2000

RECLAMATION AND WATER RESOURCES

114 STAT. 2818 PUBLIC LAW 106–566—DEC. 23, 2000

Public Law 106–566

106th Congress

An Act

To direct the Secretary of the Interior to conduct a study on the reclamation

and reuse of water and wastewater in the State of Hawaii, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

TITLE I—HAWAII WATER RESOURCES

STUDY

SEC. 101. SHORT TITLE.

This title may be cited as the ‘‘Hawaii Water Resources Act

of 2000’’.

SEC. 102. DEFINITIONS.

In this title:

(1) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of the Interior.

(2) STATE.—The term ‘‘State’’ means the State of Hawaii.

SEC. 103. HAWAII WATER RESOURCES STUDY.

(a) IN GENERAL.—The Secretary, acting through the Commissioner of Reclamation and in accordance with the provisions of

this title and existing legislative authorities as may be pertinent

to the provisions of this title, including: The Act of August 23,

1954 (68 Stat. 773, chapter 838), authorizing the Secretary to investigate the use of irrigation and reclamation resource needs for

areas of the islands of Oahu, Hawaii, and Molokai in the State

of Hawaii; section 31 of the Hawaii Omnibus Act (43 U.S.C. 422l)

authorizing the Secretary to develop reclamation projects in the

State under the Act of August 6, 1956 (70 Stat. 1044, chapter

972; 42 U.S.C. 422a et seq.) (commonly known as the ‘‘Small Reclamation Projects Act’’); and the amendment made by section 207

of the Hawaiian Home Lands Recovery Act (109 Stat. 364; 25

U.S.C. 386a) authorizing the Secretary to assess charges against

Native Hawaiians for reclamation cost recovery in the same manner

as charges are assessed against Indians or Indian tribes; is authorized and directed to conduct a study that includes—

(1) a survey of the irrigation and other agricultural water

delivery systems in the State;

(2) an estimation of the cost of repair and rehabilitation

of the irrigation and other agricultural water delivery systems;

(3) an evaluation of options and alternatives for future

use of the irrigation and other agricultural water delivery systems (including alternatives that would improve the use and

43 USC 390h

note.

Hawaii Water

Resources Act of

2000.

Dec. 23, 2000

[S. 1694]

PUBLIC LAW 106–566—DEC. 23, 2000 114 STAT. 2819

conservation of water resources and would contribute to agricultural diversification, economic development, and improvements

to environmental quality); and

(4) the identification and investigation of opportunities for

recycling, reclamation, and reuse of water and wastewater for

agricultural and nonagricultural purposes.

(b) REPORTS.—

(1) IN GENERAL.—Not later than 2 years after appropriation

of funds authorized by this title, the Secretary shall submit

a report that describes the findings and recommendations of

the study described in subsection (a) to—

(A) the Committee on Energy and Natural Resources

of the Senate; and

(B) the Committee on Resources of the House of Representatives.

(2) ADDITIONAL REPORTS.—The Secretary shall submit to

the committees described in paragraph (1) any additional

reports concerning the study described in subsection (a) that

the Secretary considers to be necessary.

(c) COST SHARING.—Costs of conducting the study and preparing

the reports described in subsections (a) and (b) of this section

shall be shared between the Secretary and the State. The Federal

share of the costs of the study and reports shall not exceed 50

percent of the total cost, and shall be nonreimbursable. The Secretary shall enter into a written agreement with the State,

describing the arrangements for payment of the non-Federal share.

(d) USE OF OUTSIDE CONTRACTORS.—The Secretary is authorized to employ the services and expertise of the State and/or the

services and expertise of a private consultant employed under contract with the State to conduct the study and prepare the reports

described in this section if the State requests such an arrangement

and if it can be demonstrated to the satisfaction of the Secretary

that such an arrangement will result in the satisfactory completion

of the work authorized by this section in a timely manner and

at a reduced cost.

(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated $300,000 for the Federal share of the activities

authorized under this title.

SEC. 104. WATER RECLAMATION AND REUSE.

(a) Section 1602(b) of the Reclamation Wastewater and Groundwater Study and Facilities Act (43 U.S.C. 390h(b)) is amended

by inserting before the period at the end the following: ‘‘, and

the State of Hawaii’’.

(b) The Secretary is authorized to use the authorities available

pursuant to section 1602(b) of the Reclamation Wastewater and

Groundwater Study and Facilities Act (43 U.S.C. 390h(b)) to conduct

the relevant portion of the study and preparation of the reports

authorized by this title if the use of such authorities is found

by the Secretary to be appropriate and cost-effective, and provided

that the total Federal share of costs for the study and reports

does not exceed the amount authorized in section 103.

Deadline.

114 STAT. 2820 PUBLIC LAW 106–566—DEC. 23, 2000

TITLE II—DROUGHT RELIEF

SEC. 201. DROUGHT RELIEF.

(a) RELIEF FOR HAWAII.—Section 104 of the Reclamation States

Emergency Drought Relief Act of 1991 (43 U.S.C. 2214) is

amended—

(1) in subsection (a), by inserting after ‘‘Reclamation State’’

the following: ‘‘and in the State of Hawaii’’; and

(2) in subsection (c), by striking ‘‘ten years after the date

of enactment of this Act’’ and inserting ‘‘on September 30,

2005’’.

(b) ASSISTANCE FOR DROUGHT-RELATED PLANNING IN RECLAMATION STATES.—Such Act is further amended by adding at the end

of title I the following:

‘‘SEC. 105. ASSISTANCE FOR DROUGHT-RELATED PLANNING IN RECLAMATION STATES.

‘‘(a) IN GENERAL.—The Secretary may provide financial assistance in the form of cooperative agreements in States that are

eligible to receive drought assistance under this title to promote

the development of drought contingency plans under title II. ‘‘(b) REPORT.—Not later than one year after the date of the

enactment of the Hawaii Water Resources Act of 2000, the Secretary

shall submit to the Congress a report and recommendations on

the advisability of providing financial assistance for the development of drought contingency plans in all entities that are eligible

to receive assistance under title II.’’.

TITLE III—CITY OF ROSEVILLE

PUMPING PLANT FACILITIES

SEC. 301. CITY OF ROSEVILLE PUMPING PLANT FACILITIES: CREDIT

FOR INSTALLATION OF ADDITIONAL PUMPING PLANT

FACILITIES IN ACCORDANCE WITH AGREEMENT.

(a) IN GENERAL.—The Secretary shall credit an amount up

to $1,164,600, the precise amount to be determined by the Secretary

through a cost allocation, to the unpaid capital obligation of the

City of Roseville, California (in this section referred to as the

‘‘City’’), as such obligation is calculated in accordance with

applicable Federal reclamation law and Central Valley Project rate

setting policy, in recognition of future benefits to be accrued by

the United States as a result of the City’s purchase and funding

of the installation of additional pumping plant facilities in accordance with a letter of agreement with the United States numbered

5–07–20–X0331 and dated January 26, 1995. The Secretary shall

simultaneously add an equivalent amount of costs to the capital

costs of the Central Valley Project, and such added costs shall

be reimbursed in accordance with reclamation law and policy.

(b) EFFECTIVE DATE.—The credit under subsection (a) shall

take effect upon the date on which—

(1) the City and the Secretary have agreed that the installation of the facilities referred to in subsection (a) has been

completed in accordance with the terms and conditions of the

letter of agreement referred to in subsection (a); and

California.

Deadline.

43 USC 2215.

PUBLIC LAW 106–566—DEC. 23, 2000 114 STAT. 2821

(2) the Secretary has issued a determination that such

facilities are fully operative as intended.

TITLE IV—CLEAR CREEK DISTRIBUTION

SYSTEM CONVEYANCE

SEC. 401. SHORT TITLE.

This title may be cited as the ‘‘Clear Creek Distribution System

Conveyance Act’’.

SEC. 402. DEFINITIONS.

For purposes of this title:

(1) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of the Interior.

(2) DISTRICT.—The term ‘‘District’’ means the Clear Creek

Community Services District, a California community services

district located in Shasta County, California.

(3) AGREEMENT.—The term ‘‘Agreement’’ means Agreement

No. 8–07–20–L6975 entitled ‘‘Agreement Between the United

States and the Clear Creek Community Services District to

Transfer Title to the Clear Creek Distribution System to the

Clear Creek Community Services District’’.

(4) DISTRIBUTION SYSTEM.—The term ‘‘Distribution System’’

means all the right, title, and interest in and to the Clear

Creek distribution system as defined in the Agreement.

SEC. 403. CONVEYANCE OF DISTRIBUTION SYSTEM.

In consideration of the District accepting the obligations of

the Federal Government for the Distribution System, the Secretary

shall convey the Distribution System to the District pursuant to

the terms and conditions set forth in the Agreement.

SEC. 404. RELATIONSHIP TO EXISTING OPERATIONS.

Nothing in this title shall be construed to authorize the District

to construct any new facilities or to expand or otherwise change

the use or operation of the Distribution System from its authorized

purposes based upon historic and current use and operation. Effective upon transfer, if the District proposes to alter the use or

operation of the Distribution System, then the District shall comply

with all applicable laws and regulations governing such changes

at that time.

SEC. 405. RELATIONSHIP TO CERTAIN CONTRACT OBLIGATIONS.

Conveyance of the Distribution System under this title—

(1) shall not affect any of the provisions of the District’s

existing water service contract with the United States (contract

number 14–06–200–489–IR3), as it may be amended or supplemented; and

(2) shall not deprive the District of any existing contractual

or statutory entitlement to subsequent interim renewals of

such contract or to renewal by entering into a long-term water

service contract.

SEC. 406. LIABILITY.

Effective on the date of conveyance of the Distribution System

under this title, the United States shall not be liable under any

law for damages of any kind arising out of any act, omission,

Clear Creek

Distribution

System

Conveyance Act.

California.

114 STAT. 2822 PUBLIC LAW 106–566—DEC. 23, 2000

or occurrence based on its prior ownership or operation of the

conveyed property.

TITLE V—SUGAR PINE DAM AND

RESERVOIR CONVEYANCE

SEC. 501. SHORT TITLE.

This title may be cited as the ‘‘Sugar Pine Dam and Reservoir

Conveyance Act’’.

SEC. 502. DEFINITIONS.

In this title:

(1) BUREAU.—The term ‘‘Bureau’’ means the Bureau of

Reclamation.

(2) DISTRICT.—The term ‘‘District’’ means the Foresthill

Public Utility District, a political subdivision of the State of

California.

(3) PROJECT.—The term ‘‘Project’’ means the improvements

(and associated interests) authorized in the Foresthill Divide

Subunit of the Auburn-Folsom South Unit, Central Valley

Project, consisting of—

(A) Sugar Pine Dam;

(B) the right to impound waters behind the dam;

(C) the associated conveyance system, holding reservoir, and treatment plant;

(D) water rights;

(E) rights of the Bureau described in the agreement

of June 11, 1985, with the Supervisor of Tahoe National

Forest, California; and

(F) other associated interests owned and held by the

United States and authorized as part of the Auburn-Folsom

South Unit under Public Law 89–161 (79 Stat. 615).

(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of the Interior.

(5) WATER SERVICES CONTRACT.—The term ‘‘Water Services

Contract’’ means Water Services Contract #14–06–200–3684A,

dated February 13, 1978, between the District and the United

States.

SEC. 503. CONVEYANCE OF THE PROJECT.

(a) IN GENERAL.—As soon as practicable after date of the enactment of this Act and in accordance with all applicable law, the

Secretary shall convey all right, title, and interest in and to the

Project to the District.

(b) SALE PRICE.—Except as provided in subsection (c), on payment by the District to the Secretary of $2,772,221—

(1) the District shall be relieved of all payment obligations

relating to the Project; and

(2) all debt under the Water Services Contract shall be

extinguished.

(c) MITIGATION AND RESTORATION PAYMENTS.—The District

shall continue to be obligated to make payments under section

3407(c) of the Central Valley Project Improvement Act (106 Stat.

4726) through 2029.

Sugar Pine Dam

and Reservoir

Conveyance Act.

California.

PUBLIC LAW 106–566—DEC. 23, 2000 114 STAT. 2823

SEC. 504. RELATIONSHIP TO EXISTING OPERATIONS.

(a) IN GENERAL.—Nothing in this title significantly expands

or otherwise affects the use or operation of the Project from its

current use and operation.

(b) RIGHT TO OCCUPY AND FLOOD.—On the date of the conveyance under section 503, the Chief of the Forest Service shall grant

the District the right to occupy and flood portions of land in Tahoe

National Forest, subject to the terms and conditions stated in

an agreement between the District and the Supervisor of the Tahoe

National Forest.

(c) CHANGES IN USE OR OPERATION.—If the District changes

the use or operation of the Project, the District shall comply with

all applicable laws (including regulations) governing the change

at the time of the change.

SEC. 505. FUTURE BENEFITS.

On payment of the amount under section 503(b)—

(1) the Project shall no longer be a Federal reclamation

project or a unit of the Central Valley Project; and

(2) the District shall not be entitled to receive any further

reclamation benefits.

SEC. 506. LIABILITY.

Except as otherwise provided by law, effective on the date

of conveyance under section 503, the United States shall not be

liable for damages of any kind arising out of any act, omission,

or occurrence based on its prior ownership or operation of the

Project.

SEC. 507. COSTS.

To the extent that costs associated with the Project are included

as a reimbursable cost of the Central Valley Project, the Secretary

is directed to exclude all costs in excess of the amount of costs

repaid by the District from the pooled reimbursable costs of the

Central Valley Project until such time as the Project has been

operationally integrated into the water supply of the Central Valley

Project. Such excess costs may not be included into the pooled

reimbursable costs of the Central Valley Project in the future unless

a court of competent jurisdiction determines that operation integration is not a prerequisite to the inclusion of such costs pursuant

to Public Law 89–161.

TITLE VI—COLUSA BASIN WATERSHED

INTEGRATED RESOURCES MANAGEMENT

SEC. 601. SHORT TITLE.

This title may be cited as the ‘‘Colusa Basin Watershed

Integrated Resources Management Act’’.

SEC. 602. AUTHORIZATION OF ASSISTANCE.

The Secretary of the Interior (in this title referred to as the

‘‘Secretary’’), acting within existing budgetary authority, may provide financial assistance to the Colusa Basin Drainage District,

California (in this title referred to as the ‘‘District’’), for use by

the District or by local agencies acting pursuant to section 413

Colusa Basin

Watershed

Integrated

Resources

Management Act.

California.

Regulations.

114 STAT. 2824 PUBLIC LAW 106–566—DEC. 23, 2000

of the State of California statute known as the Colusa Basin Drainage Act (California Stats. 1987, ch. 1399) as in effect on the date

of the enactment of this Act (in this title referred to as the ‘‘State

statute’’), for planning, design, environmental compliance, and

construction required in carrying out eligible projects in the Colusa

Basin Watershed to— (1)(A) reduce the risk of damage to urban and agricultural

areas from flooding or the discharge of drainage water or

tailwater;

(B) assist in groundwater recharge efforts to alleviate overdraft and land subsidence; or

(C) construct, restore, or preserve wetland and riparian

habitat; and

(2) capture, as an incidental purpose of any of the purposes

referred to in paragraph (1), surface or stormwater for conservation, conjunctive use, and increased water supplies.

SEC. 603. PROJECT SELECTION.

(a) ELIGIBLE PROJECTS.—A project shall be an eligible project

for purposes of section 602 only if it is— (1) consistent with the plan for flood protection and

integrated resources management described in the document

entitled ‘‘Draft Programmatic Environmental Impact Statement/Environmental Impact Report and Draft Program

Financing Plan, Integrated Resources Management Program

for Flood Control in the Colusa Basin’’, dated May 2000; and

(2) carried out in accordance with that document and all

environmental documentation requirements that apply to the

project under the laws of the United States and the State

of California.

(b) COMPATIBILITY REQUIREMENT.—The Secretary shall ensure

that projects for which assistance is provided under this title are

not inconsistent with watershed protection and environmental restoration efforts being carried out under the authority of the Central

Valley Project Improvement Act (Public Law 102–575; 106 Stat.

4706 et seq.) or the CALFED Bay-Delta Program.

SEC. 604. COST SHARING.

(a) NON-FEDERAL SHARE.—The Secretary shall require that

the District and cooperating non-Federal agencies or organizations

pay— (1) 25 percent of the costs associated with construction

of any project carried out with assistance provided under this

title;

(2) 100 percent of any operation, maintenance, and replacement and rehabilitation costs with respect to such a project;

and

(3) 35 percent of the costs associated with planning, design,

and environmental compliance activities.

(b) PLANNING, DESIGN, AND COMPLIANCE ASSISTANCE.—Funds

appropriated pursuant to this title may be made available to fund

65 percent of costs incurred for planning, design, and environmental

compliance activities by the District or by local agencies acting

pursuant to the State statute, in accordance with agreements with

the Secretary.

(c) TREATMENT OF CONTRIBUTIONS.—For purposes of this section, the Secretary shall treat the value of lands, interests in

lands (including rights-of-way and other easements), and necessary

PUBLIC LAW 106–566—DEC. 23, 2000 114 STAT. 2825

relocations contributed by the District to a project as a payment

by the District of the costs of the project.

SEC. 605. COSTS NONREIMBURSABLE.

Amounts expended pursuant to this title shall be considered

nonreimbursable for purposes of the Act of June 17, 1902 (32

Stat. 388; 43 U.S.C. 371 et seq.), and Acts amendatory thereof

and supplemental thereto.

SEC. 606. AGREEMENTS.

Funds appropriated pursuant to this title may be made available to the District or a local agency only if the District or local

agency, as applicable, has entered into a binding agreement with

the Secretary—

(1) under which the District or the local agency is required

to pay the non-Federal share of the costs of construction

required by section 604(a); and

(2) governing the funding of planning, design, and compliance activities costs under section 604(b).

SEC. 607. REIMBURSEMENT.

For project work (including work associated with studies, planning, design, and construction) carried out by the District or by

a local agency acting pursuant to the State statute in section

602 before the date amounts are provided for the project under

this title, the Secretary shall, subject to amounts being made available in advance in appropriations Acts, reimburse the District or

the local agency, without interest, an amount equal to the estimated

Federal share of the cost of such work under section 604.

SEC. 608. COOPERATIVE AGREEMENTS.

(a) IN GENERAL.—The Secretary may enter into cooperative

agreements and contracts with the District to assist the Secretary

in carrying out the purposes of this title.

(b) SUBCONTRACTING.—Under such cooperative agreements and

contracts, the Secretary may authorize the District to manage and

let contracts and receive reimbursements, subject to amounts being

made available in advance in appropriations Acts, for work carried

out under such contracts or subcontracts.

SEC. 609. RELATIONSHIP TO RECLAMATION REFORM ACT OF 1982.

Activities carried out, and financial assistance provided, under

this title shall not be considered a supplemental or additional

benefit for purposes of the Reclamation Reform Act of 1982 (96

Stat. 1263; 43 U.S.C. 390aa et seq.).

SEC. 610. APPROPRIATIONS AUTHORIZED.

Within existing budgetary authority and subject to the availability of appropriations, the Secretary is authorized to expend

up to $25,000,000, plus such additional amount, if any, as may

be required by reason of changes in costs of services of the types

involved in the District’s projects as shown by engineering and

other relevant indexes to carry out this title. Sums appropriated

under this section shall remain available until expended.

114 STAT. 2826 PUBLIC LAW 106–566—DEC. 23, 2000

TITLE VII—CONVEYANCE TO YUMA

PORT AUTHORITY

SEC. 701. CONVEYANCE OF LANDS TO THE GREATER YUMA PORT

AUTHORITY.

(a) AUTHORITY TO CONVEY.—

(1) IN GENERAL.—The Secretary of the Interior, acting

through the Bureau of Reclamation, may, in the 5-year period

beginning on the date of the enactment of this Act and in

accordance with the conditions specified in subsection (b) convey

to the Greater Yuma Port Authority the interests described

in paragraph (2).

(2) INTERESTS DESCRIBED.—The interests referred to in

paragraph (1) are the following:

(A) All right, title, and interest of the United States

in and to the lands comprising Section 23, Township 11

South, Range 24 West, G&SRBM, Lots 1–4, NE1⁄4, N1⁄2

NW1⁄4, excluding lands located within the 60-foot border

strip, in Yuma County, Arizona.

(B) All right, title, and interest of the United States

in and to the lands comprising Section 22, Township 11

South, Range 24 West, G&SRBM, East 300 feet of Lot

1, excluding lands located within the 60-foot border strip,

in Yuma County, Arizona.

(C) All right, title, and interest of the United States

in and to the lands comprising Section 24, Township 11

South, Range 24 West, G&SRBM, West 300 feet, excluding

lands in the 60-foot border strip, in Yuma County, Arizona.

(D) All right, title, and interest of the United States

in and to the lands comprising the East 300 feet of the

Southeast Quarter of Section 15, Township 11 South, Range

24 West, G&SRBM, in Yuma County, Arizona.

(E) The right to use lands in the 60-foot border strip

excluded under subparagraphs (A), (B), and (C), for ingress

to and egress from the international boundary between

the United States and Mexico.

(b) DEED COVENANTS AND CONDITIONS.—Any conveyance under

subsection (a) shall be subject to the following covenants and conditions:

(1) A reservation of rights-of-way for ditches and canals

constructed or to be constructed by the authority of the United

States, this reservation being of the same character and scope

as that created with respect to certain public lands by the

Act of August 30, 1890 (26 Stat. 391; 43 U.S.C. 945), as it

has been, or may hereafter be amended.

(2) A leasehold interest in Lot 1, and the west 100 feet

of Lot 2 in Section 23 for the operation of a Cattle Crossing

Facility, currently being operated by the Yuma-Sonora Commercial Company, Incorporated. The lease as currently held contains 24.68 acres, more or less. Any renewal or termination

of the lease shall be by the Greater Yuma Port Authority.

(3) Reservation by the United States of a 245-foot perpetual

easement for operation and maintenance of the 242 Lateral

Canal and Well Field along the northern boundary of the East

300 feet of Section 22, Section 23, and the West 300 feet

Arizonia.

PUBLIC LAW 106–566—DEC. 23, 2000 114 STAT. 2827

of Section 24 as shown on Reclamation Drawing Nos. 1292– 303–3624, 1292–303–3625, and 1292–303–3626.

(4) A reservation by the United States of all rights to

the ground water in the East 300 feet of Section 15, the East

300 feet of Section 22, Section 23, and the West 300 feet

of Section 24, and the right to remove, sell, transfer, or

exchange the water to meet the obligations of the Treaty of

1944 with the Republic of Mexico, and Minute Order No. 242

for the delivery of salinity controlled water to Mexico.

(5) A reservation of all rights-of-way and easements

existing or of record in favor of the public or third parties.

(6) A right-of-way reservation in favor of the United States

and its contractors, and the State of Arizona, and its contractors, to utilize a 33-foot easement along all section lines to

freely give ingress to, passage over, and egress from areas

in the exercise of official duties of the United States and the

State of Arizona.

(7) Reservation of a right-of-way to the United States for

a 100-foot by 100-foot parcel for each of the Reclamation monitoring wells, together with unrestricted ingress and egress to

both sites. One monitoring well is located in Lot 1 of Section

23 just north of the Boundary Reserve and just west of the

Cattle Crossing Facility, and the other is located in the southeast corner of Lot 3 just north of the Boundary Reserve.

(8) An easement comprising a 50-foot strip lying North

of the 60-foot International Boundary Reserve for drilling and

operation of, and access to, wells.

(9) A reservation by the United States of 15⁄16 of all gas,

oil, metals, and mineral rights.

(10) A reservation of 1⁄16 of all gas, oil, metals, and mineral

rights retained by the State of Arizona.

(11) Such additional terms and conditions as the Secretary

considers appropriate to protect the interests of the United

States.

(c) CONSIDERATION.— (1) IN GENERAL.—As consideration for the conveyance under

subsection (a), the Greater Yuma Port Authority shall pay

the United States consideration equal to the fair market value

on the date of the enactment of this Act of the interest conveyed.

(2) DETERMINATION.—For purposes of paragraph (1), the

fair market value of any interest in land shall be determined

taking into account that the land is undeveloped, that 80 acres

is intended to be dedicated to use by the United States for

Federal governmental purposes, and that an additional

substantial portion of the land is dedicated to public rightof-way, highway, and transportation purposes.

(d) USE.—The Greater Yuma Port Authority and its successors

shall use the interests conveyed solely for the purpose of the

construction and operation of an international port of entry and

related activities.

(e) COMPLIANCE WITH LAWS.—Before the date of the conveyance, actions required with respect to the conveyance under the

National Environmental Policy Act of 1969 (42 U.S.C. 4321 et

seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.),

the National Historic Preservation Act (16 U.S.C. 470 et seq.),

and other applicable Federal laws must be completed at no cost

to the United States.

114 STAT. 2828 PUBLIC LAW 106–566—DEC. 23, 2000

(f) USE OF 60-FOOT BORDER STRIP.—Any use of the 60-foot

border strip shall be made in coordination with Federal agencies

having authority with respect to the 60-foot border strip.

(g) DESCRIPTION OF PROPERTY.—The exact acreage and legal

description of property conveyed under this section, and of any

right-of-way that is subject to a right of use conveyed pursuant

to subsection (a)(2)(E), shall be determined by a survey satisfactory

to the Secretary. The cost of the survey shall be borne by the

Greater Yuma Port Authority.

(h) DEFINITIONS.— (1) 60-FOOT BORDER STRIP.—The term ‘‘60-foot border strip’’ means lands in any of the Sections of land referred to in

this Act located within 60 feet of the international boundary

between the United States and Mexico.

(2) GREATER YUMA PORT AUTHORITY.—The term ‘‘Greater

Yuma Port Authority’’ means Trust No. 84–184, Yuma Title

& Trust Company, an Arizona Corporation, a trust for the

benefit of the Cocopah Tribe, a Sovereign Nation, the County

of Yuma, Arizona, the City of Somerton, and the City of San

Luis, Arizona, or such other successor joint powers agency

or public purpose entity as unanimously designated by those

governmental units.

(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of the Interior, acting through the Bureau of Reclamation.

TITLE VIII—DICKINSON DAM BASCULE

GATES SETTLEMENT

SEC. 801. SHORT TITLE.

This title may be cited as the ‘‘Dickinson Dam Bascule Gates

Settlement Act of 2000’’.

SEC. 802. FINDINGS.

The Congress finds that— (1) in 1980 and 1981, the Bureau of Reclamation constructed the bascule gates on top of the Dickinson Dam on

the Heart River, North Dakota, to provide additional water

supply in the reservoir known as Patterson Lake for the city

of Dickinson, North Dakota, and for additional flood control

and other benefits;

(2) the gates had to be significantly modified in 1982

because of damage resulting from a large ice block causing

excessive pressure on the hydraulic system, causing the system

to fail;

(3) since 1991, the City has received its water supply

from the Southwest Water Authority, which provides much

higher quality water from the Southwest Pipeline Project;

(4) the City now receives almost no benefit from the bascule

gates because the City does not require the additional water

provided by the bascule gates for its municipal water supply;

(5) the City has repaid more than $1,200,000 to the United

States for the construction of the bascule gates, and has been

working for several years to reach an agreement with the

Bureau of Reclamation to alter its repayment contract;

(6) the City has a longstanding commitment to improving

the water quality and recreation value of the reservoir and

Dickinson Dam

Bascule Gates

Settlement Act of

2000.

North Dakota.

PUBLIC LAW 106–566—DEC. 23, 2000 114 STAT. 2829

has been working with the United States Geological Survey,

the North Dakota Department of Game and Fish, and the

North Dakota Department of Health to improve water quality;

and

(7) it is in the public interest to resolve this issue by

providing for a single payment to the United States in lieu

of the scheduled annual payments and for the termination

of any further repayment obligation.

SEC. 803. DEFINITIONS.

In this title:

(1) BASCULE GATES.—The term ‘‘bascule gates’’ means the

structure constructed on the Dam to provide additional water

storage capacity in the Lake.

(2) CITY.—The term ‘‘City’’ means the city of Dickinson,

North Dakota.

(3) DAM.—The term ‘‘Dam’’ means Dickinson Dam on the

Heart River, North Dakota.

(4) LAKE.—The term ‘‘Lake’’ means the reservoir known

as ‘‘Patterson Lake’’ in the State of North Dakota.

(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of the Interior, acting through the Commissioner of the Bureau

of Reclamation.

SEC. 804. FORGIVENESS OF DEBT.

(a) IN GENERAL.—The Secretary shall accept a 1-time payment

of $300,000 in lieu of the existing repayment obligations of the

City under the Bureau of Reclamation Contract No. 9–07–60W0384,

dated December 19, 1988, toward which amount any payments

made by the City to the Secretary on or after June 2, 1998, shall

be credited.

(b) OWNERSHIP.—Title to the Dam and bascule gates shall

remain with the United States.

(c) COSTS.—(1) The Secretary shall enter into an agreement

with the City to allocate responsibilities for operation and maintenance costs of the bascule gates as provided in this subsection.

(2) The City shall be responsible for operation and maintenance

costs of the bascule gates, up to a maximum annual cost of $15,000.

The Secretary shall be responsible for all other costs.

114 STAT. 2830 PUBLIC LAW 106–566—DEC. 23, 2000

LEGISLATIVE HISTORY—S. 1694:

HOUSE REPORTS: No. 106–857 (Comm. on Resources).

SENATE REPORTS: No. 106–234 (Comm. on Energy and Natural Resources).

CONGRESSIONAL RECORD, Vol. 146 (2000):

Apr. 13, considered and passed Senate.

Oct. 24, considered and passed House, amended.

Dec. 7, Senate concurred in House amendments.

Æ

(d) WATER SERVICE CONTRACTS.—The Secretary may enter into

appropriate water service contracts if the City or any other person

or entity seeks to use water from the Lake for municipal water

supply or other purposes.

Approved December 23, 2000.