I

106TH CONGRESS

1ST SESSION H. R. 1137

To amend Public Law 89–108 to increase authorization levels for State

and Indian tribal, municipal, rural, and industrial water supplies, to

meet current and future water quantity and quality needs of the Red

River Valley, to deauthorize certain project features and irrigation service

areas, to enhance natural resources and fish and wildlife habitat, and

for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MARCH 16, 1999

Mr. POMEROY introduced the following bill; which was referred to the

Committee on Resources

A BILL

To amend Public Law 89–108 to increase authorization levels for State and Indian tribal, municipal, rural, and

industrial water supplies, to meet current and future

water quantity and quality needs of the Red River Valley,

to deauthorize certain project features and irrigation

service areas, to enhance natural resources and fish and

wildlife habitat, and for other purposes.

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

2 This Act may be cited as the ‘‘Dakota Water Re3 sources Act of 1999’’.

4 SEC. 2. PURPOSES AND AUTHORIZATION.

5 Section 1 of Public Law 89–108 (79 Stat. 433; 100

6 Stat. 418) is amended—

7 (1) in subsection (a)—

8 (A) in paragraph (2), by striking ‘‘of’’ and

9 inserting ‘‘within’’;

10 (B) in paragraph (5), by striking ‘‘more

11 timely’’ and inserting ‘‘appropriate’’; and

12 (C) in paragraph (7), by striking ‘‘feder13 ally-assisted water resource development project

14 providing irrigation for 130,940 acres of land’’

15 and inserting ‘‘multipurpose federally assisted

16 water resource project providing irrigation, mu17 nicipal, rural, and industrial water systems,

18 fish, wildlife, and other natural resource con19 servation and development, recreation, flood

20 control, ground water recharge, and augmented

21 stream flows’’;

22 (2) in subsection (b)—

23 (A) by inserting ‘‘, jointly with the State of

24 North Dakota,’’ after ‘‘construct’’;

25 (B) by striking ‘‘the irrigation of 130,940

26 acres’’ and inserting ‘‘irrigation’’;
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1 (C) by striking ‘‘fish and wildlife conserva2 tion’’ and inserting ‘‘fish, wildlife, and other

3 natural resource conservation’’;

4 (D) by inserting ‘‘augmented stream flows,

5 ground water recharge,’’ after ‘‘flood control,’’;

6 and

7 (E) by inserting ‘‘(as modified by the Da8 kota Water Resources Act of 1999)’’ before the

9 period at the end;

10 (3) in subsection (e), by striking ‘‘terminated’’

11 and all that follows and inserting ‘‘terminated.’’; and

12 (4) by striking subsections (f) and (g) and in13 serting the following:

14 ‘‘(f) COSTS.—

15 ‘‘(1) ESTIMATE.—The Secretary shall

16 estimate—

17 ‘‘(A) the actual construction costs of the

18 facilities (including mitigation facilities) in ex19 istence as of the date of enactment of the Da20 kota Water Resources Act of 1999; and

21 ‘‘(B) the annual operation, maintenance,

22 and replacement costs associated with the used

23 and unused capacity of the features in existence

24 as of that date.
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1 ‘‘(2) REPAYMENT CONTRACT.—An appropriate

2 repayment contract shall be negotiated that provides

3 for the making of a payment for each payment pe4 riod in an amount that is commensurate with the

5 percentage of the total capacity of the project that

6 is in actual use during the payment period.

7 ‘‘(3) OPERATION AND MAINTENANCE COSTS.—

8 The Secretary shall be responsible for the costs of

9 operation and maintenance of the proportionate

10 share attributable to the capacity of the facilities

11 (including mitigation facilities) that remain unused.

12 ‘‘(g) AGREEMENT BETWEEN THE SECRETARY AND

13 THE STATE.—The Secretary shall enter into 1 or more

14 agreements with the State of North Dakota to carry out

15 this Act, including operation and maintenance of the com16 pleted unit facilities and the design and construction of

17 authorized new unit facilities by the State.

18 ‘‘(h) BOUNDARY WATERS TREATY OF 1909.—

19 ‘‘(1) DELIVERY OF WATER INTO THE HUDSON

20 BAY BASIN.—Water systems constructed under this

21 Act may deliver Missouri River water into the Hud22 son Bay basin only after the Secretary, in consulta23 tion with the Secretary of State and the Adminis24 trator of the Environmental Protection Agency, de25 termines that adequate treatment has been provided
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1 to meet the requirements of the Treaty Between the

2 United States and Great Britain relating to Bound3 ary Waters Between the United States and Canada,

4 signed at Washington January 11, 1909 (36 Stat.

5 2448; TS 548) (commonly known as the ‘Boundary

6 Waters Treaty of 1909’).

7 ‘‘(2) COSTS.—All costs of construction, oper8 ation, maintenance, and replacement of water treat9 ment and related facilities authorized by this Act

10 and attributable to meeting the requirements of the

11 treaty referred to in paragraph (1) shall be non12 reimbursable.’’.

13 SEC. 3. FISH AND WILDLIFE.

14 Section 2 of Public Law 89–108 (79 Stat. 433; 100

15 Stat. 419) is amended—

16 (1) by striking subsections (b), (c), and (d) and

17 inserting the following:

18 ‘‘(b) FISH AND WILDLIFE COSTS.—All fish and wild19 life enhancement costs incurred in connection with water20 fowl refuges, waterfowl production areas, and wildlife con21 servation areas proposed for Federal or State administra22 tion shall be nonreimbursable.

23 ‘‘(c) RECREATION AREAS.—

24 ‘‘(1) COSTS.—If non-Federal public bodies con25 tinue to agree to administer land and water areas
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1 approved for recreation and agree to bear not less

2 than 50 percent of the separable costs of the unit al3 located to recreation and attributable to those areas

4 and all the costs of operation, maintenance, and re5 placement incurred in connection therewith, the re6 mainder of the separable capital costs so allocated

7 and attributed shall be nonreimbursable.

8 ‘‘(2) APPROVAL.—The recreation areas shall be

9 approved by the Secretary in consultation and co10 ordination with the State of North Dakota.

11 ‘‘(d) NON-FEDERAL SHARE.—The non-Federal share

12 of the separable capital costs of the unit allocated to recre13 ation shall be borne by non-Federal interests, using the

14 following methods, as the Secretary may determine to be

15 appropriate:

16 ‘‘(1) Services in kind.

17 ‘‘(2) Payment, or provision of lands, interests

18 therein, or facilities for the unit.

19 ‘‘(3) Repayment, with interest, within 50 years

20 of first use of unit recreation facilities.’’;

21 (2) in subsection (e)—

22 (A) by redesignating paragraphs (1) and

23 (2) as paragraphs (2) and (3), respectively;

24 (B) by inserting ‘‘(1)’’ after ‘‘(e)’’;
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1 (C) in paragraph (2) (as redesignated by

2 subparagraph (A))—

3 (i) in the first sentence—

4 (I) by striking ‘‘within ten years

5 after initial unit operation to admin6 ister for recreation and fish and wild7 life enhancement’’ and inserting ‘‘to

8 administer for recreation’’; and

9 (II) by striking ‘‘which are not

10 included within Federal waterfowl ref11 uges and waterfowl production areas’’;

12 and

13 (ii) in the second sentence, by striking

14 ‘‘or fish and wildlife enhancement’’; and

15 (D) in the first sentence of paragraph (3)

16 (as redesignated by subparagraph (A))—

17 (i) by striking ‘‘, within ten years

18 after initial operation of the unit,’’; and

19 (ii) by striking ‘‘paragraph (1) of this

20 subsection’’ and inserting ‘‘paragraph (2)’’;

21 (3) in subsection (f), by striking ‘‘and fish and

22 wildlife enhancement’’; and

23 (4) in subsection (j)—
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1 (A) in paragraph (1), by striking ‘‘prior to

2 the completion of construction of Lonetree Dam

3 and Reservoir’’; and

4 (B) by adding at the end the following:

5 ‘‘(4) TAAYER RESERVOIR.—Taayer Reservoir is

6 deauthorized as a project feature. The Secretary,

7 acting through the Commissioner of Reclamation,

8 shall acquire (including acquisition through donation

9 or exchange) up to 5,000 acres in the Kraft and

10 Pickell Slough areas and to manage the area as a

11 component of the National Wildlife Refuge System

12 giving consideration to the unique wildlife values of

13 the area. In acquiring the lands which comprise the

14 Kraft and Pickell Slough complex, the Secretary

15 shall acquire wetlands in the immediate vicinity

16 which may be hydrologically related and nearby up17 lands as may be necessary to provide for proper

18 management of the complex. The Secretary shall

19 provide for appropriate visitor access and control at

20 the refuge.

21 ‘‘(5) DEAUTHORIZATION OF LONETREE DAM

22 AND RESERVOIR.—The Lonetree Dam and Reservoir

23 is deauthorized, and the Secretary shall designate

24 the lands acquired for the former reservoir site as a

25 wildlife conservation area. The Secretary shall enter
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1 into an agreement with the State of North Dakota

2 providing for the operation and maintenance of the

3 wildlife conservation area as an enhancement fea4 ture, the costs of which shall be paid by the Sec5 retary. If the features selected under section 8 in6 clude a buried pipeline and appurtenances between

7 the McClusky Canal and New Rockford Canal, the

8 use of the wildlife conservation area and Sheyenne

9 Lake National Wildlife Refuge for such route is

10 hereby authorized.’’.

11 SEC. 4. INTEREST CALCULATION.

12 Section 4 of Public Law 89–108 (100 Stat. 435) is

13 amended by adding at the end the following: ‘‘Interest

14 during construction shall be calculated only until such

15 date as the Secretary declares any particular feature to

16 be substantially complete, regardless of whether the fea17 ture is placed into service.’’.

18 SEC. 5. IRRIGATION FACILITIES.

19 Section 5 of Public Law 89–108 (100 Stat. 419) is

20 amended—

21 (1) by striking ‘‘SEC. 5. (a)(1)’’ and all that

22 follows through subsection (c) and inserting the fol23 lowing:

24 ‘‘SEC. 5. IRRIGATION FACILITIES.

25 ‘‘(a) IN GENERAL.—
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1 ‘‘(1) AUTHORIZED DEVELOPMENT.—In addition

2 to the 5,000-acre Oakes Test Area in existence on

3 the date of enactment of the Dakota Water Re4 sources Act of 1999, the Secretary may develop irri5 gation in—

6 ‘‘(A) the Turtle Lake service area (13,700

7 acres);

8 ‘‘(B) the McClusky Canal service area

9 (10,000 acres); and

10 ‘‘(C) if the investment costs are fully reim11 bursed without aid to irrigation from the Pick12 Sloan Missouri Basin Program, the New Rock13 ford Canal service area (1,200 acres).

14 ‘‘(2) DEVELOPMENT NOT AUTHORIZED.—None

15 of the irrigation authorized by this section may be

16 developed in the Hudson Bay/Devils Lake Basin.

17 ‘‘(3) NO EXCESS DEVELOPMENT.—The Sec18 retary shall not develop irrigation in the service

19 areas described in paragraph (1) in excess of the

20 acreage specified in that paragraph, except that the

21 Secretary shall develop up to 28,000 acres of irriga22 tion in other areas of North Dakota (such as the

23 Elk/Charbonneau, Mon-Dak, Nesson Valley, Horse24 head Flats, and Oliver-Mercer areas) that are not lo-
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1 cated in the Hudson Bay/Devils Lake drainage basin

2 or James River drainage basin.

3 ‘‘(4) PUMPING POWER.—Irrigation development

4 authorized by this section shall be considered au5 thorized units of the Pick-Sloan Missouri Basin Pro6 gram and eligible to receive project pumping power.

7 ‘‘(5) PRINCIPLE SUPPLY WORKS.—The Sec8 retary shall complete and maintain the principle sup9 ply works as identified in the 1984 Garrison Diver10 sion Unit Commission Final Report dated December

11 20, 1984 as modified by the Dakota Water Re12 sources Act of 1999.’’;

13 (2) by redesignating subsections (d), (e), and

14 (f) as subsections (b), (c), and (d), respectively;

15 (3) in the first sentence of subsection (b) (as

16 redesignated by paragraph (2)), by striking ‘‘(a)(1)’’

17 and inserting ‘‘(a)’’;

18 (4) in the first sentence of subsection (c) (as re19 designated by paragraph (2)), by striking ‘‘Lucky

20 Mound (7,700 acres), Upper Six Mile Creek (7,500

21 acres)’’ and inserting ‘‘Lucky Mound (7,700 acres)

22 and Upper Six Mile Creek (7,500 acres), or such

23 other lands at Fort Berthold of equal acreage as

24 may be selected by the tribe and approved by the

25 Secretary,’’; and
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1 (5) by adding at the end the following:

2 ‘‘(e) IRRIGATION REPORT TO CONGRESS.—

3 ‘‘(1) IN GENERAL.—The Secretary shall inves4 tigate and prepare a detailed report on the undesig5 nated 28,000 acres in subsection (a)(3) as to costs

6 and benefits for any irrigation units to be developed

7 under Reclamation law.

8 ‘‘(2) FINDING.—The report shall include a find9 ing on the financial and engineering feasibility of the

10 proposed irrigation unit, but shall be limited to the

11 undesignated 28,000 acres.

12 ‘‘(3) AUTHORIZATION.—If the Secretary finds

13 that the proposed construction is feasible, such irri14 gation units are authorized without further Act of

15 Congress.

16 ‘‘(4) DOCUMENTATION.—No expenditure for

17 the construction of facilities authorized under this

18 section shall be made until after the Secretary, in

19 cooperation with the State of North Dakota, has

20 prepared the appropriate documentation in accord21 ance with section 1 and pursuant to the National

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

23 et seq.) analyzing the direct and indirect impacts of

24 implementing the report.’’.
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1 SEC. 6. POWER.

2 Section 6 of Public Law 89–108 (79 Stat. 435; 100

3 Stat. 421) is amended—

4 (1) in subsection (b)—

5 (A) by striking ‘‘Notwithstanding the pro6 visions of’’ and inserting ‘‘Pursuant to the pro7 visions of’’; and

8 (B) by striking ‘‘revenues,’’ and all that

9 follows and inserting ‘‘revenues.’’; and

10 (2) by striking subsection (c) and inserting the

11 following:

12 ‘‘(c) NO INCREASE IN RATES OR AFFECT ON REPAY13 MENT METHODOLOGY.—In accordance with the last sen14 tence of section 302(a)(3) of the Department of Energy

15 Organization Act (42 U.S.C. 7152(a)(3), section 1(e) shall

16 not result in any reallocation of project costs and shall

17 not result in increased rates to Pick-Sloan Missouri Basin

18 Program customers. Nothing in the Dakota Water Re19 sources Act of 1999 alters or affects in any way the repay20 ment methodology in effect as of the date of enactment

21 of that Act for other features of the Pick-Sloan Missouri

22 Basin Program.’’.

23 SEC. 7. MUNICIPAL, RURAL, AND INDUSTRIAL WATER

24 SERVICE.

25 Section 7 of Public Law 89–108 (100 Stat. 422) is

26 amended—
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1 (1) in subsection (a)(3)—

2 (A) in the second sentence—

3 (i) by striking ‘‘The non-Federal

4 share’’ and inserting ‘‘Unless otherwise

5 provided in this Act, the non-Federal

6 share’’;

7 (ii) by striking ‘‘each water system’’

8 and inserting ‘‘water systems’’;

9 (iii) by inserting after the second sen10 tence the following: ‘‘The State may use

11 the Federal and non-Federal funds to pro12 vide grants or loans for municipal, rural,

13 and industrial water systems. The State

14 shall use the proceeds of repaid loans for

15 municipal, rural, and industrial water sys16 tems.’’; and

17 (iv) by striking the last sentence and

18 inserting the following: ‘‘The Southwest

19 Pipeline Project, the Northwest Area

20 Water Supply Project, the Red River Val21 ley Water Supply Project, and other mu22 nicipal, industrial, and rural water systems

23 in the State of North Dakota shall be eligi24 ble for funding under the terms of this sec25 tion. Funding provided under this section
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1 for the Red River Valley Water Supply

2 Project shall be in addition to funding for

3 that project under section 10(a)(1)(B).

4 The amount of non-Federal contributions

5 made after May 12, 1986, that exceeds the

6 25 percent requirement shall be credited to

7 the State for future use in municipal,

8 rural, and industrial projects under this

9 section.’’; and

10 (2) by striking subsections (b), (c), and (d) and

11 inserting the following:

12 ‘‘(b) WATER CONSERVATION PROGRAM.—The State

13 of North Dakota may use funds provided under sub14 sections (a) and (b)(1)(A) of section 10 to develop and

15 implement a water conservation program. The Secretary

16 and the State shall jointly establish water conservation

17 goals to meet the purposes of the State program and to

18 improve the availability of water supplies to meet the pur19 poses of this Act. If the State achieves the established

20 water conservation goals, the non-Federal cost share for

21 future projects under subsection (a)(3) shall be reduced

22 to 24.5 percent.

23 ‘‘(c) NONREIMBURSABILITY OF COSTS.—With re24 spect to the Southwest Pipeline Project, the Northwest

25 Area Water Supply Project, the Red River Valley Water
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1 Supply Project, and other municipal, industrial, and rural

2 water systems in North Dakota, the costs of the features

3 constructed on the Missouri River by the Secretary of the

4 Army before the date of enactment of the Dakota Water

5 Resources Act of 1999 shall be nonreimbursable.

6 ‘‘(d) INDIAN MUNICIPAL RURAL AND INDUSTRIAL

7 WATER SUPPLY.—The Secretary shall construct, operate,

8 and maintain such municipal, rural, and industrial water

9 systems as the Secretary determines to be necessary to

10 meet the economic, public health, and environmental needs

11 of the Fort Berthold, Standing Rock, Turtle Mountain (in12 cluding the Trenton Indian Service Area), and Fort

13 Totten Indian Reservations and adjacent areas.’’.

14 SEC. 8. SPECIFIC FEATURES.

15 (a) IN GENERAL.—Public Law 89–108 (100 Stat.

16 423) is amended by striking section 8 and inserting the

17 following:

18 ‘‘SEC. 8. SPECIFIC FEATURES.

19 ‘‘(a) RED RIVER VALLEY WATER SUPPLY

20 PROJECT.—

21 ‘‘(1) IN GENERAL.—The Secretary shall con22 struct a feature or features to deliver Missouri River

23 water to the Sheyenne River water supply and re24 lease facility or such other feature or features as are

25 selected under subsection (d).
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1 ‘‘(2) DESIGN AND CONSTRUCTION.—The fea2 ture shall be designed and constructed to meet only

3 the water delivery requirements of the irrigation

4 areas, municipal, rural, and industrial water supply

5 needs, ground water recharge, and streamflow aug6 mentation (as described in subsection (b)(2)) author7 ized by this Act.

8 ‘‘(3) COMMENCEMENT OF CONSTRUCTION.—

9 The Secretary may not commence construction on

10 the feature until a master repayment contract or

11 water service agreement consistent with this Act be12 tween the Secretary and the appropriate non-Fed13 eral entity has been executed.

14 ‘‘(b) REPORT ON RED RIVER VALLEY WATER NEEDS

15 AND DELIVERY OPTIONS.—

16 ‘‘(1) IN GENERAL.—Pursuant to section 1(g),

17 not later than 90 days after the date of enactment

18 of the Dakota Water Resources Act of 1999, the

19 Secretary and the State of North Dakota shall joint20 ly submit to Congress a report on the comprehensive

21 water quality and quantity needs of the Red River

22 Valley and the options for meeting those needs, in23 cluding the delivery of Missouri River water to the

24 Red River Valley.
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1 ‘‘(2) NEEDS.—The needs addressed in the re2 port shall include such needs as—

3 ‘‘(A) augmenting streamflows;

4 ‘‘(B) groundwater recharge; and

5 ‘‘(C) enhancing—

6 ‘‘(i) municipal, rural, and industrial

7 water supplies;

8 ‘‘(ii) water quality;

9 ‘‘(iii) aquatic environment; and

10 ‘‘(iv) recreation.

11 ‘‘(3) STUDIES.—Existing and ongoing studies

12 by the Bureau of Reclamation on Red River Water

13 Supply needs and options shall be deemed to meet

14 the requirements of this section.

15 ‘‘(c) ENVIRONMENTAL IMPACT STATEMENTS.—

16 ‘‘(1) DRAFT.—

17 ‘‘(A) DEADLINE.—Pursuant to an agree18 ment between the Secretary and the State of

19 North Dakota as authorized under section 1(g),

20 not later than 1 year after the date of enact21 ment of the Dakota Water Resources Act of

22 1999, the Secretary and the State of North Da23 kota shall jointly prepare and complete a draft

24 environmental impact statement concerning all

25 feasible options to meet the comprehensive
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1 water quality and quantity needs of the Red

2 River Valley and the options for meeting those

3 needs, including possible alternatives for deliv4 ering Missouri River water to the Red River

5 Valley.

6 ‘‘(B) REPORT ON STATUS.—If the Sec7 retary and State of North Dakota cannot pre8 pare and complete the draft environmental im9 pact statement within 1 year after the date of

10 enactment of the Dakota Water Resources Act

11 of 1999, the Secretary, in consultation and co12 ordination with the State of North Dakota,

13 shall report to Congress on the status of this

14 activity, including an estimate of the date of

15 completion.

16 ‘‘(2) FINAL.—

17 ‘‘(A) DEADLINE.—Not later than 1 year

18 after filing the draft environmental impact

19 statement, a final environmental impact state20 ment shall be prepared and published.

21 ‘‘(B) REPORT ON STATUS.—If the Sec22 retary and State of North Dakota cannot pre23 pare and complete a final environmental impact

24 statement within 1 year of the completion of

25 the draft environmental impact statement, the
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1 Secretary, in consultation and coordination with

2 the State of North Dakota, shall report to Con3 gress on the status of this activity, including an

4 estimate of the date of completion.

5 ‘‘(d) PROCESS FOR SELECTION.—

6 ‘‘(1) IN GENERAL.—After reviewing the final

7 report required by subsection (b)(1) and complying

8 with subsection (c), the Secretary, in consultation

9 and coordination with the State of North Dakota in

10 coordination with affected local communities, shall

11 select 1 or more project features described in sub12 section (a) that will meet the comprehensive water

13 quality and quantity needs of the Red River Valley.

14 ‘‘(2) AGREEMENTS.—Not later than 180 days

15 after the record of decision has been executed, the

16 Secretary shall enter into a cooperative agreement

17 with the State of North Dakota to construct the fea18 ture or features selected.

19 ‘‘(e) SHEYENNE RIVER WATER SUPPLY AND RE20 LEASE OR ALTERNATE FEATURES.—The Secretary shall

21 construct, operate, and maintain a Sheyenne River water

22 supply and release feature (including a water treatment

23 plant) capable of delivering 100 cubic feet per second of

24 water or any other amount determined in the reports

25 under this section, for the cities of Fargo and Grand
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1 Forks and surrounding communities, or such other feature

2 or features as may be selected under subsection (d).’’.

3 SEC. 9. OAKES TEST AREA TITLE TRANSFER.

4 Public Law 89–108 (100 Stat. 423) is amended by

5 striking section 9 and inserting the following:

6 ‘‘SEC. 9. OAKES TEST AREA TITLE TRANSFER.

7 ‘‘(a) IN GENERAL.—Not later than 2 years after exe8 cution of a record of decision under section 8(d) on wheth9 er to use the New Rockford Canal as a means of delivering

10 water to the Red River Basin as described in section 8,

11 the Secretary shall enter into an agreement with the State

12 of North Dakota, or its designee, to convey title and all

13 or any rights, interests, and obligations of the United

14 States in and to the Oakes Test Area as constructed and

15 operated under Public Law 99–294 (100 Stat. 418) under

16 such terms and conditions as the Secretary believes would

17 fully protect the public interest.

18 ‘‘(b) TERMS AND CONDITIONS.—The agreement shall

19 define the terms and conditions of the transfer of the fa20 cilities, lands, mineral estate, easements, rights-of-way

21 and water rights including the avoidance of costs that the

22 Federal Government would otherwise incur in the case of

23 a failure to agree under subsection (d).
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1 ‘‘(c) COMPLIANCE.—The action of the Secretary

2 under this section shall comply with all applicable require3 ments of Federal, State, and local law.

4 ‘‘(d) FAILURE TO AGREE.—If an agreement is not

5 reached within the time limit specified in subsection (a),

6 the Secretary shall dispose of the Oakes Test Area facili7 ties under the Federal Property and Administrative Serv8 ices Act of 1949 (40 U.S.C. 471 et seq.).’’.

9 SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

10 Section 10 of Public Law 89–108 (100 Stat. 424;

11 106 Stat. 4669, 4739)

12 (1) in subsection (a)—

13 (A) by striking ‘‘(a)(1) There are author14 ized’’ and inserting the following:

15 ‘‘(a) WATER DISTRIBUTION FEATURES.—

16 ‘‘(1) IN GENERAL.—

17 ‘‘(A) MAIN STEM SUPPLY WORKS.—There

18 is authorized’’;

19 (B) in paragraph (1)—

20 (i) in the first sentence, by striking

21 ‘‘$270,395,000 for carrying out the provi22 sions of section 5(a) through 5(c) and sec23 tion 8(a)(1) of this Act’’ and inserting

24 ‘‘$164,000,000 to carry out section 5(a)’’;
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1 (ii) by inserting after subparagraph

2 (A) (as designated by clause (i)) the fol3 lowing:

4 ‘‘(B) RED RIVER VALLEY WATER SUPPLY

5 PROJECT.—There is authorized to be appro6 priated to carry out section 8(a)(1)

7 $200,000,000.’’; and

8 (iii) by striking ‘‘Such sums’’ and in9 serting the following:

10 ‘‘(C) AVAILABILITY.—Such sums’’; and

11 (C) in paragraph (2)—

12 (i) by striking ‘‘(2) There is’’ and in13 serting the following:

14 ‘‘(2) INDIAN IRRIGATION.—

15 ‘‘(A) IN GENERAL.—There is’’;

16 (ii) by striking ‘‘for carrying out sec17 tion 5(e) of this Act’’ and inserting ‘‘to

18 carry out section 5(c)’’; and

19 (iii) by striking ‘‘Such sums’’ and in20 serting the following:

21 ‘‘(B) AVAILABILITY.—Such sums’’;

22 (2) in subsection (b)—

23 (A) by striking ‘‘(b)(1) There is’’ and in24 serting the following:
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1 ‘‘(b) MUNICIPAL, RURAL, AND INDUSTRIAL WATER

2 SUPPLY.—

3 ‘‘(1) STATEWIDE.—

4 ‘‘(A) INITIAL AMOUNT.—There is’’;

5 (B) in paragraph (1)—

6 (i) by inserting before ‘‘Such sums’’

7 the following:

8 ‘‘(B) ADDITIONAL AMOUNT.—In addition

9 to the amount under subparagraph (A), there is

10 authorized to be appropriated to carry out sec11 tion 7(a) $300,000,000.’’; and

12 (ii) by striking ‘‘Such sums’’ and in13 serting the following:

14 ‘‘(C) AVAILABILITY.—Such sums’’; and

15 (C) in paragraph (2)—

16 (i) by striking ‘‘(2) There are author17 ized to be appropriated $61,000,000’’ and

18 all that follows through ‘‘Act.’’ and insert19 ing the following:

20 ‘‘(2) INDIAN MUNICIPAL, RURAL, AND INDUS21 TRIAL AND OTHER DELIVERY FEATURES.—

22 ‘‘(A) INITIAL AMOUNT.—There is author23 ized to be appropriated—

24 ‘‘(i) to carry out section 8(a)(1),

25 $40,500,000; and
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1 ‘‘(ii) to carry out section 7(d),

2 $20,500,000.’’;

3 (ii) by inserting before ‘‘Such sums’’

4 the following:

5 ‘‘(B) ADDITIONAL AMOUNT.—

6 ‘‘(i) IN GENERAL.—In addition to the

7 amount under subparagraph (A), there is

8 authorized to be appropriated to carry out

9 section 7(d) $200,000,000.

10 ‘‘(ii) ALLOCATION.—The amount

11 under clause (i) shall be allocated as fol12 lows:

13 ‘‘(I) $30,000,000 to the Fort

14 Totten Indian Reservation.

15 ‘‘(II) $70,000,000 to the Fort

16 Berthold Indian Reservation.

17 ‘‘(III) $80,000,000 to the Stand18 ing Rock Indian Reservation.

19 ‘‘(IV) $20,000,000 to the Turtle

20 Mountain Indian Reservation.’’; and

21 (iii) by striking ’’Such sums’’ and in22 serting the following:

23 ‘‘(C) AVAILABILITY.—Such sums’’;

24 (3) in subsection (c)—
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1 (A) by striking ‘‘(c) There is’’ and insert2 ing the following:

3 ‘‘(c) RESOURCES TRUST AND OTHER PROVISIONS.—

4 ‘‘(1) INITIAL AMOUNT.—There is’’; and

5 (B) by striking the second and third sen6 tences and inserting the following:

7 ‘‘(2) ADDITIONAL AMOUNT.—In addition to

8 amount under paragraph (1), there are authorized

9 to be appropriated—

10 ‘‘(A) $6,500,000 to carry out recreational

11 projects; and

12 ‘‘(B) an additional $25,000,000 to carry

13 out section 11;

14 to remain available until expended.

15 ‘‘(3) RECREATIONAL PROJECTS.—Of the funds

16 authorized under paragraph (2) for recreational

17 projects, up to $1,500,000 may be used to fund a

18 wetland interpretive center in the State of North

19 Dakota.

20 ‘‘(4) OPERATION AND MAINTENANCE.—

21 ‘‘(A) IN GENERAL.— There are authorized

22 to be appropriated such sums as are necessary

23 for operation and maintenance of the unit (in24 cluding the mitigation and enhancement fea25 tures).
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1 ‘‘(B) AUTHORIZATION LIMITS.—Expendi2 tures for operation and maintenance of features

3 substantially completed and features con4 structed before the date of enactment of the

5 Dakota Water Resources Act of 1999, including

6 funds expended for such purposes since the

7 date of enactment of Public Law 99–294, shall

8 not be counted against the authorization limits

9 in this section.

10 ‘‘(5) MITIGATION AND ENHANCEMENT LAND.—

11 On or about the date on which the features author12 ized by section 8(a) are operational, a separate ac13 count in the Natural Resources Trust authorized by

14 section 11 shall be established for operation and

15 maintenance of the mitigation and enhancement

16 land associated with the unit.’’; and

17 (4) by striking subsection (e) and inserting

18 the following:

19 ‘‘(e) INDEXING.—The $300,000,000 amount under

20 subsection (b)(1)(B), the $200,000,000 amount under

21 subsection (a)(1)(B), and the funds authorized under sub22 section (b)(2) shall be indexed as necessary to allow for

23 ordinary fluctuations of construction costs incurred after

24 the date of enactment of the Dakota Water Resources Act

25 of 1999 as indicated by engineering cost indices applicable
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1 for the type of construction involved. All other authorized

2 cost ceilings shall remain unchanged.

3 ‘‘(f) FOUR BEARS BRIDGE.—There is authorized to

4 be appropriated, for demolition of the existing structure

5 and construction of the Four Bears Bridge across Lake

6 Sakakawea within the Fort Berthold Indian Reservation,

7 $40,000,000.’’.

8 SEC. 11. NATURAL RESOURCES TRUST.

9 Section 11 of Public Law 89–108 (100 Stat. 424)

10 is amended—

11 (1) by striking subsection (a) and inserting the

12 following:

13 ‘‘(a) CONTRIBUTION.—

14 ‘‘(1) INITIAL AUTHORIZATION.—

15 ‘‘(A) IN GENERAL.—From the sums appro16 priated under section 10 for the Garrison Di17 version Unit, the Secretary shall make an an18 nual Federal contribution to a Natural Re19 sources Trust established by non-Federal inter20 ests in accordance with subsection (b) and oper21 ated in accordance with subsection (c).

22 ‘‘(B) AMOUNT.—The total amount of Fed23 eral contributions under subparagraph (A) shall

24 not exceed $12,000,000.

25 ‘‘(2) ADDITIONAL AUTHORIZATION.—
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1 ‘‘(A) IN GENERAL.—In addition to the

2 amount authorized in paragraph (1), the Sec3 retary shall make annual Federal contributions

4 to the Natural Resources Trust until the

5 amount authorized by section 10(c)(2)(B) is

6 reached, in the manner stated in subparagraph

7 (B).

8 ‘‘(B) ANNUAL AMOUNT.—The amount of

9 the contribution under subparagraph (A) for

10 each fiscal year shall be the amount that is

11 equal to 5 percent of the total amount that is

12 appropriated for the fiscal year under sub13 sections (a)(1)(B) and (b)(1)(B) of section 10.

14 ‘‘(C) LIMITATION ON AVAILABILITY OF

15 FUNDS.—Of the amount authorized by section

16 10(c)(2)(B), not more than $10,000,000 shall

17 be made available until the date on which the

18 features authorized by section 8(a) are oper19 ational and meet the objectives of section 8(a),

20 as determined by the Secretary and the State of

21 North Dakota.’’;

22 (2) in subsection (b), by striking ‘‘Wetlands

23 Trust’’ and inserting ‘‘Natural Resources Trust’’;

24 and

25 (3) in subsection (c)—
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1 (A) by striking ‘‘Wetland Trust’’ and in2 serting ‘‘Natural Resources Trust’’;

3 (B) by striking ‘‘are met’’ and inserting

4 ‘‘is met’’;

5 (C) in paragraph (1), by inserting ‘‘, grass6 land conservation and riparian areas’’ after

7 ‘‘habitat’’; and

8 (D) in paragraph (2), by adding at the end

9 the following:

10 ‘‘(C) The power to fund incentives for con11 servation practices by landowners.’’.

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