II 

Calendar No. 637 

118TH CONGRESS 

2D SESSION S. 4996 

To amend Public Law 89–108 to modify the authorization of appropriations 

for State and Tribal, municipal, rural, and industrial water supplies, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 9, 2024 

Mr. HOEVEN (for himself, Mr. PADILLA, and Mr. CRAMER) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources 

NOVEMBER 21, 2024 

Reported by Mr. MANCHIN, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To amend Public Law 89–108 to modify the authorization 

of appropriations for State and Tribal, municipal, rural, 

and industrial water supplies, 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Dakota Water Re5 sources Act Amendments of 2024’’. 


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1 SEC. 2. AUTHORIZATION OF APPROPRIATIONS FOR STATE 

2 AND TRIBAL, MUNICIPAL, RURAL, AND IN3 DUSTRIAL WATER SERVICE. 

4 Section 10 of Public Law 89–108 (79 Stat. 433; 100 

5 Stat. 424; 106 Stat. 4669; 114 Stat. 2763A–291) is 

6 amended— 

7 (1) in subsection (b)— 

8 (A) in paragraph (1)— 

9 (i) by redesignating subparagraph (C) 

10 as subparagraph (D); and 

11 (ii) by inserting after subparagraph 

12 (B) the following: 

13 ‘‘(C) OTHER AMOUNTS.— 

14 ‘‘(i) IN GENERAL.—Subject to clause 

15 (ii), in addition to the amounts made avail16 able under subparagraphs (A) and (B), 

17 there are authorized to be appropriated to 

18 carry out section 7(a)— 

19 ‘‘(I) $120,000,000, as indexed, to 

20 complete all phases of the Northwest 

21 Area Water Supply Biota Water 

22 Treatment Plant and Pump Station 

23 Project, as described in the record of 

24 decision dated August 21, 2015; 

25 ‘‘(II) $454,000,000, as indexed, 

26 to complete the McClusky Canal and 


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1 Missouri River North Alternative for 

2 the Eastern North Dakota Alternate 

3 Water Supply Project, as described in 

4 the record of decision issued by the 

5 Bureau of Reclamation on January 

6 15, 2021; 

7 ‘‘(III) $50,000,000, as indexed, 

8 for the Southwest Pipeline Project to 

9 complete the supplementary raw water 

10 intake pump station, main trans11 mission line upgrades, strategic hy12 draulic improvements, and rural dis13 tribution expansion; and 

14 ‘‘(IV) $63,000,000, as indexed, 

15 for North Dakota rural water districts 

16 for water treatment and rural dis17 tribution expansion. 

18 ‘‘(ii) TRANSFERS.—Any amounts 

19 made available under any of subclauses (I) 

20 through (IV) of clause (i) may be trans21 ferred among the projects described in 

22 those subclauses, subject to the limitation 

23 that the initial amount authorized for any 

24 1 project described in any of those sub25 clauses may not be increased by more than 


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1 50 percent as a result of any transfers au2 thorized under this clause.’’; and 

3 (B) in paragraph (2)— 

4 (i) by redesignating subparagraph (C) 

5 as subparagraph (D); and 

6 (ii) by inserting after subparagraph 

7 (B) the following: 

8 ‘‘(C) OTHER AMOUNTS.— 

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

10 amounts made available under subpara11 graphs (A)(ii) and (B), there is authorized 

12 to be appropriated to carry out section 

13 7(d) $743,000,000, as indexed. 

14 ‘‘(ii) ALLOCATION.—The amount 

15 under clause (i) shall be allocated as fol16 lows: 

17 ‘‘(I) Not more than 

18 $118,000,000, as indexed, shall be 

19 made available to the Secretary to 

20 complete the Spirit Lake Rural Water 

21 System within the Fort Totten Indian 

22 Reservation. 

23 ‘‘(II) Not more than 

24 $275,000,000, as indexed, shall be 

25 made available to the Secretary to 


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1 complete the Three Affiliated Tribes 

2 Rural Water System within the Fort 

3 Berthold Indian Reservation. 

4 ‘‘(III) Not more than 

5 $240,000,000, as indexed, shall be 

6 made available to the Secretary to 

7 complete the Standing Rock Rural 

8 Water System within the Standing 

9 Rock Indian Reservation. 

10 ‘‘(IV) Not more than 

11 $98,000,000, as indexed, shall be 

12 made available to the Secretary to 

13 complete the Turtle Mountain Rural 

14 Water System within the Turtle 

15 Mountain Indian Reservation. 

16 ‘‘(V) Not more than 

17 $12,000,000, as indexed, shall be 

18 made available to the Secretary to 

19 complete the Lake Traverse Rural 

20 Water System within the Lake Tra21 verse Indian Reservation. 

22 ‘‘(iii) FEASIBILITY STUDIES.—Of the 

23 amounts made available under clause (i), 

24 the Secretary may use such sums as are 

25 necessary to fund feasibility studies, to be 


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1 completed not later than 2 years after the 

2 date of enactment of the Dakota Water 

3 Resources Act Amendments of 2024, that 

4 identify the features necessary to complete 

5 each of the rural water systems described 

6 in clause (ii), as determined by the Sec7 retary.’’; 

8 (2) in subsection (c)(2), by striking subpara9 graph (B) and inserting the following: 

10 ‘‘(B) $75,000,000 to carry out section 11, 

11 to remain available until expended.’’; and 

12 (3) by striking subsection (e) and inserting the 

13 following: 

14 ‘‘(e) INDEXING.— 

15 ‘‘(1) IN GENERAL.—The $200,000,000 amount 

16 under subsection (a)(1)(B), the $200,000,000 

17 amount under subsection (b)(1)(B), and the funds 

18 authorized under subparagraphs (A) and (B) of sub19 section (b)(2) shall be indexed as necessary to allow 

20 for ordinary fluctuations of construction costs in21 curred after the date of enactment of the Dakota 

22 Water Resources Act of 2000, as indicated by engi23 neering cost indices applicable for the type of con24 struction involved. 


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1 ‘‘(2) OTHER AMOUNTS.—The funds authorized 

2 under subsections (b)(1)(C) and (b)(2)(C) shall be 

3 indexed as necessary to allow for ordinary fluctua4 tions of construction costs incurred after the date of 

5 enactment of the Dakota Water Resources Act 

6 Amendments of 2024, as indicated by engineering 

7 cost indices applicable for the type of construction 

8 involved. 

9 ‘‘(3) OTHER COST CEILINGS.—All other author10 ized cost ceilings under this Act shall remain un11 changed.’’. 

12 SEC. 3. NATURAL RESOURCES TRUST. 

13 Section 11(a)(2)(B) of Public Law 89–108 (79 Stat. 

14 433; 100 Stat. 424; 114 Stat. 2763A–292) is amended 

15 by striking ‘‘and (b)(1)(B)’’ and inserting ‘‘, (b)(1)(B), 

16 and (b)(1)(C)’’. 

17 SECTION 1. SHORT TITLE. 

18 This Act may be cited as the ‘‘Dakota Water Resources 

19 Act Amendments of 2024’’. 

20 SEC. 2. AUTHORIZATION OF APPROPRIATIONS FOR STATE 

21 AND TRIBAL, MUNICIPAL, RURAL, AND INDUS22 TRIAL WATER SERVICE. 

23 Section 10 of Public Law 89–108 (79 Stat. 433; 100 

24 Stat. 424; 106 Stat. 4669; 114 Stat. 2763A–291) is amend25 ed— 


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1 (1) in subsection (b)— 

2 (A) in paragraph (1)— 

3 (i) by redesignating subparagraph (C) 

4 as subparagraph (D); and 

5 (ii) by inserting after subparagraph 

6 (B) the following: 

7 ‘‘(C) OTHER AMOUNTS.— 

8 ‘‘(i) IN GENERAL.—Subject to clauses 

9 (ii) through (iv), in addition to the 

10 amounts made available under subpara11 graphs (A) and (B), there are authorized to 

12 be appropriated to carry out section 7(a)— 

13 ‘‘(I) $120,000,000, as indexed, to 

14 complete all phases of the Northwest 

15 Area Water Supply Biota Water 

16 Treatment Plant and Pump Station 

17 Project, as described in the record of 

18 decision dated August 21, 2015; 

19 ‘‘(II) $454,000,000, as indexed, to 

20 complete the McClusky Canal and Mis21 souri River North Alternative for the 

22 Eastern North Dakota Alternate Water 

23 Supply Project, as described in the 

24 record of decision issued by the Bureau 

25 of Reclamation on January 15, 2021; 


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1 ‘‘(III) $50,000,000, as indexed, for 

2 the Southwest Pipeline Project to com3 plete— 

4 ‘‘(aa) the supplementary raw 

5 water intake and pump station 

6 described in the environmental as7 sessment prepared by the Bureau 

8 of Reclamation entitled ‘Finding 

9 of No Significant Impact of Envi10 ronmental Assessment for South11 west Pipeline Project, Oliver, Mer12 cer, North Dunn Service Area in 

13 Southwest North Dakota’ and 

14 dated April 2009; 

15 ‘‘(bb) the main transmission 

16 line upgrades described in the 

17 final supplemental environmental 

18 assessment prepared by the Bu19 reau of Reclamation entitled the 

20 ‘Final Supplemental Environ21 mental Assessment for Partial 

22 Funding of Design and Construc23 tion of an Expansion Water 

24 Treatment Plant in the City of 

25 Dickinson, North Dakota and AsVerDate Sep 11 2014 18:52 Nov 22, 2024 Jkt 059200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\S4996.RS S4996

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1 sociated Water Transmission Fa2 cilities in Southwest North Da3 kota’ and dated February 2015; 

4 ‘‘(cc) strategic hydraulic im5 provements; and 

6 ‘‘(dd) rural distribution ex7 pansion; and 

8 ‘‘(IV) $63,000,000, as indexed, for 

9 North Dakota rural water districts for 

10 water treatment and rural distribution 

11 expansion, to include the South Cen12 tral Regional Water District North 

13 Burleigh Water Treatment Plant Ex14 pansion and Phase One of the North15 east North Dakota Long-Term Water 

16 Supply Project. 

17 ‘‘(ii) TRANSFERS.—Any amounts made 

18 available under any of subclauses (I) 

19 through (IV) of clause (i) may be trans20 ferred among the projects described in those 

21 subclauses, subject to the limitation that the 

22 initial amount authorized for any 1 project 

23 described in any of those subclauses may 

24 not be increased by more than 50 percent as 


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1 a result of any transfers authorized under 

2 this clause. 

3 ‘‘(iii) FINAL ENGINEERING REPORTS.— 

4 Of the amounts made available under sub5 clauses (III) and (IV) of clause (i), the Sec6 retary may use such amounts as are nec7 essary to complete the final engineering re8 ports, to be completed not later than 2 years 

9 after the date of enactment of the Dakota 

10 Water Resources Act Amendments of 2024, 

11 that determine the scope of, and identify the 

12 features necessary to complete, the projects 

13 described in those subclauses, as determined 

14 by the Secretary.’’; and 

15 (B) in paragraph (2)— 

16 (i) by redesignating subparagraph (C) 

17 as subparagraph (D); and 

18 (ii) by inserting after subparagraph 

19 (B) the following: 

20 ‘‘(C) OTHER AMOUNTS.— 

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

22 amounts made available under subpara23 graphs (A)(ii) and (B), there is authorized 

24 to be appropriated to carry out section 7(d) 

25 $743,000,000, as indexed. 


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1 ‘‘(ii) ALLOCATION.—The amount under 

2 clause (i) shall be allocated as follows: 

3 ‘‘(I) Not more than $118,000,000, 

4 as indexed, shall be made available to 

5 the Secretary to complete the Spirit 

6 Lake Rural Water System within the 

7 Fort Totten Indian Reservation. 

8 ‘‘(II) Not more than 

9 $275,000,000, as indexed, shall be 

10 made available to the Secretary to 

11 complete the Three Affiliated Tribes 

12 Rural Water System within the Fort 

13 Berthold Indian Reservation. 

14 ‘‘(III) Not more than 

15 $240,000,000, as indexed, shall be 

16 made available to the Secretary to 

17 complete the Standing Rock Rural 

18 Water System within the Standing 

19 Rock Indian Reservation. 

20 ‘‘(IV) Not more than $98,000,000, 

21 as indexed, shall be made available to 

22 the Secretary to complete the Turtle 

23 Mountain Rural Water System within 

24 the Turtle Mountain Indian Reserva25 tion. 


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1 ‘‘(V) Not more than $12,000,000, 

2 as indexed, shall be made available to 

3 the Secretary to complete a feasibility 

4 study for the construction of a rural 

5 water system to meet the drinking 

6 water needs of the Lake Traverse Rural 

7 Water System within the Lake Tra8 verse Indian Reservation. 

9 ‘‘(iii) FINAL ENGINEERING REPORTS.— 

10 Of the amounts made available under clause 

11 (i), the Secretary may use such amounts as 

12 are necessary to complete final engineering 

13 reports, to be completed not later than 2 

14 years after the date of enactment of the Da15 kota Water Resources Act Amendments of 

16 2024, that determine the scope of, and iden17 tify the features necessary to complete, each 

18 of the rural water systems described in sub19 clauses (I) through (IV) of clause (ii), as de20 termined by the Secretary.’’; 

21 (2) in subsection (c)(2), by striking subpara22 graph (B) and inserting the following: 

23 ‘‘(B) $75,000,000 to carry out section 11, to 

24 remain available until expended.’’; and 


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1 (3) by striking subsection (e) and inserting the 

2 following: 

3 ‘‘(e) INDEXING.— 

4 ‘‘(1) IN GENERAL.—The $200,000,000 amount 

5 under subsection (a)(1)(B), the $200,000,000 amount 

6 under subsection (b)(1)(B), and the funds authorized 

7 under subparagraphs (A) and (B) of subsection (b)(2) 

8 shall be indexed as necessary to allow for ordinary 

9 fluctuations of construction costs incurred after the 

10 date of enactment of the Dakota Water Resources Act 

11 of 2000, as indicated by engineering cost indices ap12 plicable for the type of construction involved. 

13 ‘‘(2) OTHER AMOUNTS.—The funds authorized 

14 under subsections (b)(1)(C) and (b)(2)(C) shall be in15 dexed as necessary to allow for ordinary fluctuations 

16 of construction costs incurred after the date of enact17 ment of the Dakota Water Resources Act Amendments 

18 of 2024, as indicated by engineering cost indices ap19 plicable for the type of construction involved. 

20 ‘‘(3) OTHER COST CEILINGS.—All other author21 ized cost ceilings under this Act shall remain un22 changed.’’. 

23 SEC. 3. NATURAL RESOURCES TRUST. 

24 Section 11(a)(2)(B) of Public Law 89–108 (79 Stat. 

25 433; 100 Stat. 424; 114 Stat. 2763A–292) is amended by 


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1 striking ‘‘and (b)(1)(B)’’ and inserting ‘‘, (b)(1)(B), and 

2 (b)(1)(C)’’. 


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Calendar No. 637 

118TH CONGRESS 

2D SESSION S. 4996 

A BILL 

To amend Public Law 89–108 to modify the auplies, and for other purposes. al, municipal, rural, and industrial water sup- thorization of appropriations for State and TribNOVEMBER 21, 2024 

Reported with an amendment 


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