```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4996 Reported in Senate (RS)]

<DOC>

                                                       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.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Dakota Water Resources Act 
Amendments of 2024''.</DELETED>

<DELETED>SEC. 2. AUTHORIZATION OF APPROPRIATIONS FOR STATE AND TRIBAL, 
              MUNICIPAL, RURAL, AND INDUSTRIAL WATER SERVICE.</DELETED>

<DELETED>    Section 10 of Public Law 89-108 (79 Stat. 433; 100 Stat. 
424; 106 Stat. 4669; 114 Stat. 2763A-291) is amended--</DELETED>
        <DELETED>    (1) in subsection (b)--</DELETED>
                <DELETED>    (A) in paragraph (1)--</DELETED>
                        <DELETED>    (i) by redesignating subparagraph 
                        (C) as subparagraph (D); and</DELETED>
                        <DELETED>    (ii) by inserting after 
                        subparagraph (B) the following:</DELETED>
                <DELETED>    ``(C) Other amounts.--</DELETED>
                        <DELETED>    ``(i) In general.--Subject to 
                        clause (ii), in addition to the amounts made 
                        available under subparagraphs (A) and (B), 
                        there are authorized to be appropriated to 
                        carry out section 7(a)--</DELETED>
                                <DELETED>    ``(I) $120,000,000, as 
                                indexed, to complete all phases of the 
                                Northwest Area Water Supply Biota Water 
                                Treatment Plant and Pump Station 
                                Project, as described in the record of 
                                decision dated August 21, 
                                2015;</DELETED>
                                <DELETED>    ``(II) $454,000,000, as 
                                indexed, to complete the McClusky Canal 
                                and Missouri River North Alternative 
                                for the Eastern North Dakota Alternate 
                                Water Supply Project, as described in 
                                the record of decision issued by the 
                                Bureau of Reclamation on January 15, 
                                2021;</DELETED>
                                <DELETED>    ``(III) $50,000,000, as 
                                indexed, for the Southwest Pipeline 
                                Project to complete the supplementary 
                                raw water intake pump station, main 
                                transmission line upgrades, strategic 
                                hydraulic improvements, and rural 
                                distribution expansion; and</DELETED>
                                <DELETED>    ``(IV) $63,000,000, as 
                                indexed, for North Dakota rural water 
                                districts for water treatment and rural 
                                distribution expansion.</DELETED>
                        <DELETED>    ``(ii) Transfers.--Any amounts 
                        made available under any of subclauses (I) 
                        through (IV) of clause (i) may be transferred 
                        among the projects described in those 
                        subclauses, subject to the limitation that the 
                        initial amount authorized for any 1 project 
                        described in any of those subclauses may not be 
                        increased by more than 50 percent as a result 
                        of any transfers authorized under this 
                        clause.''; and</DELETED>
                <DELETED>    (B) in paragraph (2)--</DELETED>
                        <DELETED>    (i) by redesignating subparagraph 
                        (C) as subparagraph (D); and</DELETED>
                        <DELETED>    (ii) by inserting after 
                        subparagraph (B) the following:</DELETED>
                <DELETED>    ``(C) Other amounts.--</DELETED>
                        <DELETED>    ``(i) In general.--In addition to 
                        the amounts made available under subparagraphs 
                        (A)(ii) and (B), there is authorized to be 
                        appropriated to carry out section 7(d) 
                        $743,000,000, as indexed.</DELETED>
                        <DELETED>    ``(ii) Allocation.--The amount 
                        under clause (i) shall be allocated as 
                        follows:</DELETED>
                                <DELETED>    ``(I) Not more than 
                                $118,000,000, as indexed, shall be made 
                                available to the Secretary to complete 
                                the Spirit Lake Rural Water System 
                                within the Fort Totten Indian 
                                Reservation.</DELETED>
                                <DELETED>    ``(II) Not more than 
                                $275,000,000, as indexed, shall be made 
                                available to the Secretary to complete 
                                the Three Affiliated Tribes Rural Water 
                                System within the Fort Berthold Indian 
                                Reservation.</DELETED>
                                <DELETED>    ``(III) Not more than 
                                $240,000,000, as indexed, shall be made 
                                available to the Secretary to complete 
                                the Standing Rock Rural Water System 
                                within the Standing Rock Indian 
                                Reservation.</DELETED>
                                <DELETED>    ``(IV) Not more than 
                                $98,000,000, as indexed, shall be made 
                                available to the Secretary to complete 
                                the Turtle Mountain Rural Water System 
                                within the Turtle Mountain Indian 
                                Reservation.</DELETED>
                                <DELETED>    ``(V) Not more than 
                                $12,000,000, as indexed, shall be made 
                                available to the Secretary to complete 
                                the Lake Traverse Rural Water System 
                                within the Lake Traverse Indian 
                                Reservation.</DELETED>
                        <DELETED>    ``(iii) Feasibility studies.--Of 
                        the amounts made available under clause (i), 
                        the Secretary may use such sums as are 
                        necessary to fund feasibility studies, to be 
                        completed not later than 2 years after the date 
                        of enactment of the Dakota Water Resources Act 
                        Amendments of 2024, that identify the features 
                        necessary to complete each of the rural water 
                        systems described in clause (ii), as determined 
                        by the Secretary.'';</DELETED>
        <DELETED>    (2) in subsection (c)(2), by striking subparagraph 
        (B) and inserting the following:</DELETED>
                <DELETED>    ``(B) $75,000,000 to carry out section 11, 
                to remain available until expended.''; and</DELETED>
        <DELETED>    (3) by striking subsection (e) and inserting the 
        following:</DELETED>
<DELETED>    ``(e) Indexing.--</DELETED>
        <DELETED>    ``(1) In general.--The $200,000,000 amount under 
        subsection (a)(1)(B), the $200,000,000 amount under subsection 
        (b)(1)(B), and the funds authorized under subparagraphs (A) and 
        (B) of subsection (b)(2) shall be indexed as necessary to allow 
        for ordinary fluctuations of construction costs incurred after 
        the date of enactment of the Dakota Water Resources Act of 
        2000, as indicated by engineering cost indices applicable for 
        the type of construction involved.</DELETED>
        <DELETED>    ``(2) Other amounts.--The funds authorized under 
        subsections (b)(1)(C) and (b)(2)(C) shall be indexed as 
        necessary to allow for ordinary fluctuations of construction 
        costs incurred after the date of enactment of the Dakota Water 
        Resources Act Amendments of 2024, as indicated by engineering 
        cost indices applicable for the type of construction 
        involved.</DELETED>
        <DELETED>    ``(3) Other cost ceilings.--All other authorized 
        cost ceilings under this Act shall remain 
        unchanged.''.</DELETED>

<DELETED>SEC. 3. NATURAL RESOURCES TRUST.</DELETED>

<DELETED>    Section 11(a)(2)(B) of Public Law 89-108 (79 Stat. 433; 
100 Stat. 424; 114 Stat. 2763A-292) is amended by striking ``and 
(b)(1)(B)'' and inserting ``, (b)(1)(B), and (b)(1)(C)''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Dakota Water Resources Act 
Amendments of 2024''.

SEC. 2. AUTHORIZATION OF APPROPRIATIONS FOR STATE AND TRIBAL, 
              MUNICIPAL, RURAL, AND INDUSTRIAL WATER SERVICE.

    Section 10 of Public Law 89-108 (79 Stat. 433; 100 Stat. 424; 106 
Stat. 4669; 114 Stat. 2763A-291) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) by redesignating subparagraph (C) as 
                        subparagraph (D); and
                            (ii) by inserting after subparagraph (B) 
                        the following:
                    ``(C) Other amounts.--
                            ``(i) In general.--Subject to clauses (ii) 
                        through (iv), in addition to the amounts made 
                        available under subparagraphs (A) and (B), 
                        there are authorized to be appropriated to 
                        carry out section 7(a)--
                                    ``(I) $120,000,000, as indexed, to 
                                complete all phases of the Northwest 
                                Area Water Supply Biota Water Treatment 
                                Plant and Pump Station Project, as 
                                described in the record of decision 
                                dated August 21, 2015;
                                    ``(II) $454,000,000, as indexed, to 
                                complete the McClusky Canal and 
                                Missouri River North Alternative for 
                                the Eastern North Dakota Alternate 
                                Water Supply Project, as described in 
                                the record of decision issued by the 
                                Bureau of Reclamation on January 15, 
                                2021;
                                    ``(III) $50,000,000, as indexed, 
                                for the Southwest Pipeline Project to 
                                complete--
                                            ``(aa) the supplementary 
                                        raw water intake and pump 
                                        station described in the 
                                        environmental assessment 
                                        prepared by the Bureau of 
                                        Reclamation entitled `Finding 
                                        of No Significant Impact of 
                                        Environmental Assessment for 
                                        Southwest Pipeline Project, 
                                        Oliver, Mercer, North Dunn 
                                        Service Area in Southwest North 
                                        Dakota' and dated April 2009;
                                            ``(bb) the main 
                                        transmission line upgrades 
                                        described in the final 
                                        supplemental environmental 
                                        assessment prepared by the 
                                        Bureau of Reclamation entitled 
                                        the `Final Supplemental 
                                        Environmental Assessment for 
                                        Partial Funding of Design and 
                                        Construction of an Expansion 
                                        Water Treatment Plant in the 
                                        City of Dickinson, North Dakota 
                                        and Associated Water 
                                        Transmission Facilities in 
                                        Southwest North Dakota' and 
                                        dated February 2015;
                                            ``(cc) strategic hydraulic 
                                        improvements; and
                                            ``(dd) rural distribution 
                                        expansion; and
                                    ``(IV) $63,000,000, as indexed, for 
                                North Dakota rural water districts for 
                                water treatment and rural distribution 
                                expansion, to include the South Central 
                                Regional Water District North Burleigh 
                                Water Treatment Plant Expansion and 
                                Phase One of the Northeast North Dakota 
                                Long-Term Water Supply Project.
                            ``(ii) Transfers.--Any amounts made 
                        available under any of subclauses (I) through 
                        (IV) of clause (i) may be transferred among the 
                        projects described in those subclauses, subject 
                        to the limitation that the initial amount 
                        authorized for any 1 project described in any 
                        of those subclauses may not be increased by 
                        more than 50 percent as a result of any 
                        transfers authorized under this clause.
                            ``(iii) Final engineering reports.--Of the 
                        amounts made available under subclauses (III) 
                        and (IV) of clause (i), the Secretary may use 
                        such amounts as are necessary to complete the 
                        final engineering reports, to be completed not 
                        later than 2 years after the date of enactment 
                        of the Dakota Water Resources Act Amendments of 
                        2024, that determine the scope of, and identify 
                        the features necessary to complete, the 
                        projects described in those subclauses, as 
                        determined by the Secretary.''; and
                    (B) in paragraph (2)--
                            (i) by redesignating subparagraph (C) as 
                        subparagraph (D); and
                            (ii) by inserting after subparagraph (B) 
                        the following:
                    ``(C) Other amounts.--
                            ``(i) In general.--In addition to the 
                        amounts made available under subparagraphs 
                        (A)(ii) and (B), there is authorized to be 
                        appropriated to carry out section 7(d) 
                        $743,000,000, as indexed.
                            ``(ii) Allocation.--The amount under clause 
                        (i) shall be allocated as follows:
                                    ``(I) Not more than $118,000,000, 
                                as indexed, shall be made available to 
                                the Secretary to complete the Spirit 
                                Lake Rural Water System within the Fort 
                                Totten Indian Reservation.
                                    ``(II) Not more than $275,000,000, 
                                as indexed, shall be made available to 
                                the Secretary to complete the Three 
                                Affiliated Tribes Rural Water System 
                                within the Fort Berthold Indian 
                                Reservation.
                                    ``(III) Not more than $240,000,000, 
                                as indexed, shall be made available to 
                                the Secretary to complete the Standing 
                                Rock Rural Water System within the 
                                Standing Rock Indian Reservation.
                                    ``(IV) Not more than $98,000,000, 
                                as indexed, shall be made available to 
                                the Secretary to complete the Turtle 
                                Mountain Rural Water System within the 
                                Turtle Mountain Indian Reservation.
                                    ``(V) Not more than $12,000,000, as 
                                indexed, shall be made available to the 
                                Secretary to complete a feasibility 
                                study for the construction of a rural 
                                water system to meet the drinking water 
                                needs of the Lake Traverse Rural Water 
                                System within the Lake Traverse Indian 
                                Reservation.
                            ``(iii) Final engineering reports.--Of the 
                        amounts made available under clause (i), the 
                        Secretary may use such amounts as are necessary 
                        to complete final engineering reports, to be 
                        completed not later than 2 years after the date 
                        of enactment of the Dakota Water Resources Act 
                        Amendments of 2024, that determine the scope 
                        of, and identify the features necessary to 
                        complete, each of the rural water systems 
                        described in subclauses (I) through (IV) of 
                        clause (ii), as determined by the Secretary.'';
            (2) in subsection (c)(2), by striking subparagraph (B) and 
        inserting the following:
                    ``(B) $75,000,000 to carry out section 11, to 
                remain available until expended.''; and
            (3) by striking subsection (e) and inserting the following:
    ``(e) Indexing.--
            ``(1) In general.--The $200,000,000 amount under subsection 
        (a)(1)(B), the $200,000,000 amount under subsection (b)(1)(B), 
        and the funds authorized under subparagraphs (A) and (B) of 
        subsection (b)(2) shall be indexed as necessary to allow for 
        ordinary fluctuations of construction costs incurred after the 
        date of enactment of the Dakota Water Resources Act of 2000, as 
        indicated by engineering cost indices applicable for the type 
        of construction involved.
            ``(2) Other amounts.--The funds authorized under 
        subsections (b)(1)(C) and (b)(2)(C) shall be indexed as 
        necessary to allow for ordinary fluctuations of construction 
        costs incurred after the date of enactment of the Dakota Water 
        Resources Act Amendments of 2024, as indicated by engineering 
        cost indices applicable for the type of construction involved.
            ``(3) Other cost ceilings.--All other authorized cost 
        ceilings under this Act shall remain unchanged.''.

SEC. 3. NATURAL RESOURCES TRUST.

    Section 11(a)(2)(B) of Public Law 89-108 (79 Stat. 433; 100 Stat. 
424; 114 Stat. 2763A-292) is amended by striking ``and (b)(1)(B)'' and 
inserting ``, (b)(1)(B), and (b)(1)(C)''.
                                                       Calendar No. 637

118th CONGRESS

  2d Session

                                S. 4996

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           November 21, 2024

                       Reported with an amendment
```