Calendar No. 359

106TH CONGRESS

1ST SESSION S. 623

[Report No. 106–203]

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 qualityneeds of the Red River Valley, to deauthorizecertain project features and irrigation serviceareas, to enhance natural resources and fish andwildlife habitat, and for other purposes.

NOVEMBER 1, 1999

Reported with amendments
II

Calendar No. 359

106TH CONGRESS

1ST SESSION S. 623

[Report No. 106–203]

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 SENATE OF THE UNITED STATES

MARCH 16, 1999

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

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

Public Works

MARCH 18, 1999

Committee discharged; referred to the Committee on Energy and Natural

Resources

NOVEMBER 1, 1999

Reported by Mr. MURKOWSKI, with amendments

[Omit the part struck through and insert the part printed in italic]

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,
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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,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Dakota Water Re5 sources Act of 1999’’.

6 SEC. 2. PURPOSES AND AUTHORIZATION.

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

8 Stat. 418) is amended—

9 (1) in subsection (a)—

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

11 inserting ‘‘within’’;

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

13 timely’’ and inserting ‘‘appropriate’’; and

14 (C) in paragraph (7), by striking ‘‘feder15 ally-assisted water resource development project

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

17 and inserting ‘‘multipurpose federally assisted

18 water resource project providing irrigation, mu19 nicipal, rural, and industrial water systems,

20 fish, wildlife, and other natural resource con21 servation and development, recreation, flood

22 control, ground water recharge, and augmented

23 stream flows’’;
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1 (2) in subsection (b)—

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

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

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

5 acres’’ and inserting ‘‘irrigation’’;

6 (C) by striking ‘‘fish and wildlife conserva7 tion’’ and inserting ‘‘fish, wildlife, and other

8 natural resource conservation’’;

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

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

11 and

12 (E) by inserting ‘‘(as modified by the Da13 kota Water Resources Act of 1999)’’ before the

14 period at the end;

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

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

17 (4) by striking subsections (f) and (g) and in18 serting the following:

19 ‘‘(f) COSTS.—

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

21 estimate—

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

23 facilities (including mitigation facilities) in ex24 istence as of the date of enactment of the Da25 kota Water Resources Act of 1999; and
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1 ‘‘(B) the annual operation, maintenance,

2 and replacement costs associated with the used

3 and unused capacity of the features in existence

4 as of that date.

5 ‘‘(2) REPAYMENT CONTRACT.—An appropriate

6 repayment contract shall be negotiated that provides

7 for the making of a payment for each payment pe8 riod in an amount that is commensurate with the

9 percentage of the total capacity of the project that

10 is in actual use during the payment period.

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

12 The Secretary shall be responsible for the costs of

13 operation and maintenance of the proportionate

14 share attributable to the capacity of the facilities

15 (including mitigation facilities) that remain unused.

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

17 Except as otherwise provided in this Act or Reclama18 tion Law—

19 ‘‘(A) The Secretary shall be responsible for

20 the costs of operation and maintenance of the

21 proportionate share of unit facilities in existence

22 on the date of enactment of the Dakota Water

23 Resources Act of 1999 attributable to the capac24 ity of the facilities (including mitigation facili25 ties) that remain unused;
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1 ‘‘(B) The State of North Dakota shall be re2 sponsible for costs of operation and maintenance

3 of the proportionate share of existing unit facili4 ties that are used and shall be responsible for the

5 full costs of operation and maintenance of any

6 facility constructed after the date of enactment of

7 the Dakota Water Resources Act of 1999; and

8 ‘‘(C) The State of North Dakota shall be re9 sponsible for the costs of providing energy to au10 thorized unit facilities.

11 ‘‘(g) AGREEMENT BETWEEN THE SECRETARY AND

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

13 agreements with the State of North Dakota to carry out

14 this Act, including operation and maintenance of the com15 pleted unit facilities and the design and construction of

16 authorized new unit facilities by the State.

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

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

19 BAY BASIN.—Water systems constructed under this

20 Act may deliver Missouri River water into the Hud21 son Bay basin only after the Secretary, in consulta22 tion with the Secretary of State and the Adminis23 trator of the Environmental Protection Agency, de24 termines that adequate treatment has been provided

25 to meet the requirements of the Treaty Between the
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1 United States and Great Britain relating to Bound2 ary Waters Between the United States and Canada,

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

4 2448; TS 548) (commonly known as the ‘Boundary

5 Waters Treaty of 1909’).

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

7 BAY BASIN.—Prior to construction of any water sys8 tems authorized under this Act to deliver Missouri

9 River water into the Hudson Bay basin, the Sec10 retary, in consultation with the Secretary of State

11 and the Administrator of the Environmental Protec12 tion Agency, must determine that adequate treatment

13 can be provided to meet the requirements of the Trea14 ty between the United States and Great Britain relat15 ing to Boundary Waters Between the United States

16 and Canada, signed at Washington, January 11,

17 1909 (26 Stat. 2448; TS 548) (commonly known as

18 the Boundary Waters Treaty of 1909).

19 ‘‘(2) COSTS.—All costs of construction, oper20 ation, maintenance, and replacement of water treat21 ment and related facilities authorized by this Act

22 and attributable to meeting the requirements of the

23 treaty referred to in paragraph (1) shall be non24 reimbursable.’’.
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1 SEC. 3. FISH AND WILDLIFE.

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

3 Stat. 419) is amended—

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

5 inserting the following:

6 ‘‘(b) FISH AND WILDLIFE COSTS.—All fish and wild7 life enhancement costs incurred in connection with water8 fowl refuges, waterfowl production areas, and wildlife con9 servation areas proposed for Federal or State administra10 tion shall be nonreimbursable.

11 ‘‘(c) RECREATION AREAS.—

12 ‘‘(1) COSTS.—If non-Federal public bodies con13 tinue to agree to administer land and water areas

14 approved for recreation and agree to bear not less

15 than 50 percent of the separable costs of the unit al16 located to recreation and attributable to those areas

17 and all the costs of operation, maintenance, and re18 placement incurred in connection therewith, the re19 mainder of the separable capital costs so allocated

20 and attributed shall be nonreimbursable.

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

22 approved by the Secretary in consultation and co23 ordination with the State of North Dakota.

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

25 of the separable capital costs of the unit allocated to recre26 ation shall be borne by non-Federal interests, using the
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1 following methods, as the Secretary may determine to be

2 appropriate:

3 ‘‘(1) Services in kind.

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

5 therein, or facilities for the unit.

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

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

8 (2) in subsection (e)—

9 (A) by redesignating paragraphs (1) and

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

11 (B) by inserting ‘‘(1)’’ after ‘‘(e)’’;

12 (C) in paragraph (2) (as redesignated by

13 subparagraph (A))—

14 (i) in the first sentence—

15 (I) by striking ‘‘within ten years

16 after initial unit operation to admin17 ister for recreation and fish and wild18 life enhancement’’ and inserting ‘‘to

19 administer for recreation’’; and

20 (II) by striking ‘‘which are not

21 included within Federal waterfowl ref22 uges and waterfowl production areas’’;

23 and

24 (ii) in the second sentence, by striking

25 ‘‘or fish and wildlife enhancement’’; and
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1 (D) in the first sentence of paragraph (3)

2 (as redesignated by subparagraph (A))—

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

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

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

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

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

8 wildlife enhancement’’; and

9 (4) in subsection (j)—

10 (A) in paragraph (1), by striking ‘‘prior to

11 the completion of construction of Lonetree Dam

12 and Reservoir’’; and

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

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

15 deauthorized as a project feature. The Secretary,

16 acting through the Commissioner of Reclamation,

17 shall acquire (including acquisition through donation

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

19 Pickell Slough areas and to manage the area as a

20 component of the National Wildlife Refuge System

21 giving consideration to the unique wildlife values of

22 the area. In acquiring the lands which comprise the

23 Kraft and Pickell Slough complex, the Secretary

24 shall acquire wetlands in the immediate vicinity

25 which may be hydrologically related and nearby up-
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1 lands as may be necessary to provide for proper

2 management of the complex. The Secretary shall

3 provide for appropriate visitor access and control at

4 the refuge.

5 ‘‘(5) DEAUTHORIZATION OF LONETREE DAM

6 AND RESERVOIR.—The Lonetree Dam and Reservoir

7 is deauthorized, and the Secretary shall designate

8 the lands acquired for the former reservoir site as a

9 wildlife conservation area. The Secretary shall enter

10 into an agreement with the State of North Dakota

11 providing for the operation and maintenance of the

12 wildlife conservation area as an enhancement fea13 ture, the costs of which shall be paid by the Sec14 retary. If the features selected under section 8 in15 clude a buried pipeline and appurtenances between

16 the McClusky Canal and New Rockford Canal, the

17 use of the wildlife conservation area and Sheyenne

18 Lake National Wildlife Refuge for such route is

19 hereby authorized.’’.

20 SEC. 4. INTEREST CALCULATION.

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

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

23 during construction shall be calculated only until such

24 date as the Secretary declares any particular feature to
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1 be substantially complete, regardless of whether the fea2 ture is placed into service.’’.

3 SEC. 5. IRRIGATION FACILITIES.

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

5 amended—

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

7 follows through subsection (c) and inserting the fol8 lowing:

9 ‘‘SEC. 5. IRRIGATION FACILITIES.

10 ‘‘(a) IN GENERAL.—

11 ‘‘(1) AUTHORIZED DEVELOPMENT.—In addition

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

13 the date of enactment of the Dakota Water Re14 sources Act of 1999, the Secretary may develop irri15 gation in—

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

17 acres);

18 ‘‘(B) the McClusky Canal service area

19 (10,000 acres); and

20 ‘‘(C) if the investment costs are fully reim21 bursed without aid to irrigation from the Pick22 Sloan Missouri Basin Program, the New Rock23 ford Canal service area (1,200 acres).
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1 ‘‘(2) DEVELOPMENT NOT AUTHORIZED.—None

2 of the irrigation authorized by this section may be

3 developed in the Hudson Bay/Devils Lake Basin.

4 ‘‘(3) NO EXCESS DEVELOPMENT.—The Sec5 retary shall not develop irrigation in the service

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

7 acreage specified in that paragraph, except that the

8 Secretary shall develop up to 28,000 acres of irriga9 tion in other areas of North Dakota (such as the

10 Elk/Charbonneau, Mon-Dak, Nesson Valley, Horse11 head Flats, and Oliver-Mercer areas) that are not lo12 cated in the Hudson Bay/Devils Lake drainage basin

13 or James River drainage basin.

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

15 authorized by this section shall be considered au16 thorized units of the Pick-Sloan Missouri Basin Pro17 gram and eligible to receive project pumping power.

18 ‘‘(5) PRINCIPLE SUPPLY WORKS.—The Sec19 retary shall complete and maintain the principle sup20 ply works as identified in the 1984 Garrison Diver21 sion Unit Commission Final Report dated December

22 20, 1984 as modified by the Dakota Water Re23 sources Act of 1999.’’;

24 ‘‘(5) PRINCIPAL SUPPLY WORKS.—The Secretary

25 shall maintain the Snake Creek Pumping Plant, New
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1 Rockford Canal, and McClusky Canal features of the

2 principal supply works. As appropriate, the Secretary

3 shall rehabilitate or complete such features consistent

4 with the purposes of this Act. Subject to the provi5 sions of sections (8)(c) and (8)(d)(1) of this Act, the

6 Secretary shall select a preferred alternative to imple7 ment the Dakota Water Resources Act of 1999. In

8 making this section, one of the alternatives the Sec9 retary shall consider is whether to connect the prin10 cipal supply works in existence on the date of enact11 ment.’’;

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

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

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

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

16 and inserting ‘‘(a)’’;

17 (4) in the first sentence of subsection (c) (as re18 designated by paragraph (2)), by striking ‘‘Lucky

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

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

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

22 other lands at Fort Berthold of equal acreage as

23 may be selected by the tribe and approved by the

24 Secretary,’’; and

25 (5) by adding at the end the following:
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1 ‘‘(e) IRRIGATION REPORT TO CONGRESS.—

2 ‘‘(1) IN GENERAL.—The Secretary shall inves3 tigate and prepare a detailed report on the undesig4 nated 28,000 acres in subsection (a)(3) as to costs

5 and benefits for any irrigation units to be developed

6 under Reclamation law.

7 ‘‘(2) FINDING.—The report shall include a find8 ing on the economic, financial and engineering feasi9 bility of the proposed irrigation unit, but shall be

10 limited to the undesignated 28,000 acres.

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

12 that the proposed construction is feasible, such irri13 gation units are authorized without further Act of

14 Congress.

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

16 the construction of facilities authorized under this

17 section shall be made until after the Secretary, in

18 cooperation with the State of North Dakota, has

19 prepared the appropriate documentation in accord20 ance with section 1 and pursuant to the National

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

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

23 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)

16 shall not result in any reallocation of project costs and

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

18 Basin Program customers. Nothing in the Dakota Water

19 Resources Act of 1999 alters or affects in any way the

20 repayment methodology in effect as of the date of enact21 ment of that Act for other features of the Pick-Sloan Mis22 souri 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. Proceeds from loan repayments and

17 any interest thereon shall be treated as Fed18 eral funds.’’; and

19 (iv) by striking the last sentence and

20 inserting the following: ‘‘The Southwest

21 Pipeline Project, the Northwest Area

22 Water Supply Project, the Red River Val23 ley Water Supply Project, and other mu24 nicipal, industrial, and rural water systems

25 in the State of North Dakota shall be eligi-
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1 ble for funding under the terms of this sec2 tion. Funding provided under this section

3 for the Red River Valley Water Supply

4 Project shall be in addition to funding for

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

6 The amount of non-Federal contributions

7 made after May 12, 1986, that exceeds the

8 25 percent requirement shall be credited to

9 the State for future use in municipal,

10 rural, and industrial projects under this

11 section.’’; and

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

13 inserting the following:

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

15 of North Dakota may use funds provided under sub16 sections (a) and (b)(1)(A) of section 10 to develop and

17 implement a water conservation program. The Secretary

18 and the State shall jointly establish water conservation

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

20 improve the availability of water supplies to meet the pur21 poses of this Act. If the State achieves the established

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

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

24 to 24.5 percent.
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1 ‘‘(c) NONREIMBURSABILITY OF COSTS.—With re2 spect to the Southwest Pipeline Project, the Northwest

3 Area Water Supply Project, the Red River Valley Water

4 Supply Project, and other municipal, industrial, and rural

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

6 constructed on the Missouri River by the Secretary of the

7 Army before the date of enactment of the Dakota Water

8 Resources Act of 1999 shall be nonreimbursable.

9 ‘‘(d) INDIAN MUNICIPAL RURAL AND INDUSTRIAL

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

11 and maintain such municipal, rural, and industrial water

12 systems as the Secretary determines to be necessary to

13 meet the economic, public health, and environmental needs

14 of the Fort Berthold, Standing Rock, Turtle Mountain (in15 cluding the Trenton Indian Service Area), and Fort

16 Totten Indian Reservations and adjacent areas.’’.

17 SEC. 8. SPECIFIC FEATURES.

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

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

20 following:

21 ‘‘SEC. 8. SPECIFIC FEATURES.

22 ‘‘(a) RED RIVER VALLEY WATER SUPPLY

23 PROJECT.—

24 ‘‘(1) IN GENERAL.—The Secretary shall con25 struct a feature or features to deliver Missouri River
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1 water to the Sheyenne River water supply and re2 lease facility or such other feature or features as are

3 selected under subsection (d).

4 ‘‘(2) DESIGN AND CONSTRUCTION.—The fea5 ture shall be designed and constructed to meet only

6 the water delivery requirements of the irrigation

7 areas, municipal, rural, and industrial water supply

8 needs, ground water recharge, and streamflow aug9 mentation (as described in subsection (b)(2)) author10 ized by this Act.

11 ‘‘(3) COMMENCEMENT OF CONSTRUCTION.—

12 The Secretary may not commence construction on

13 the feature until a master repayment contract or

14 water service agreement consistent with this Act be15 tween the Secretary and the appropriate non-Fed16 eral entity has been executed.

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

18 AND DELIVERY OPTIONS.—

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

20 not later than 90 days after the date of enactment

21 of the Dakota Water Resources Act of 1999, the

22 Secretary and the State of North Dakota shall joint23 ly submit to Congress a report on the comprehensive

24 water quality and quantity needs of the Red River

25 Valley and the options for meeting those needs, in-
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1 cluding the delivery of Missouri River water to the

2 Red River Valley.

3 ‘‘(2) NEEDS.—The needs addressed in the re4 port shall include such needs as—

5 ‘‘(A) augmenting streamflows;

6 ‘‘(B) ground water recharge; and

7 ‘‘(C) enhancing—

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

9 water supplies;

10 ‘‘(ii) water quality;

11 ‘‘(iii) aquatic environment; and

12 ‘‘(iv) recreation.

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

14 by the Bureau of Reclamation on Red River Water

15 Supply needs and options shall be deemed to meet

16 the requirements of this section.

17 ‘‘(c) ENVIRONMENTAL IMPACT STATEMENTS.—

18 ‘‘(1) DRAFT.—

19 ‘‘(A) DEADLINE.—Pursuant to an agree20 ment between the Secretary and the State of

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

22 not later than 1 year after the date of enact23 ment of the Dakota Water Resources Act of

24 1999, the Secretary and the State of North Da25 kota shall jointly prepare and complete a draft
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1 environmental impact statement concerning all

2 feasible options to meet the comprehensive

3 water quality and quantity needs of the Red

4 River Valley and the options for meeting those

5 needs, including possible alternatives for deliv6 ering Missouri River water to the Red River

7 Valley.

8 ‘‘(B) REPORT ON STATUS.—If the Sec9 retary and State of North Dakota cannot pre10 pare and complete the draft environmental im11 pact statement within 1 year after the date of

12 enactment of the Dakota Water Resources Act

13 of 1999, the Secretary, in consultation and co14 ordination with the State of North Dakota,

15 shall report to Congress on the status of this

16 activity, including an estimate of the date of

17 completion.

18 ‘‘(2) FINAL.—

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

20 after filing the draft environmental impact

21 statement, a final environmental impact state22 ment shall be prepared and published.

23 ‘‘(B) REPORT ON STATUS.—If the Sec24 retary and State of North Dakota cannot pre25 pare and complete a final environmental impact
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1 statement within 1 year of the completion of

2 the draft environmental impact statement, the

3 Secretary, in consultation and coordination with

4 the State of North Dakota, shall report to Con5 gress on the status of this activity, including an

6 estimate of the date of completion.

7 ‘‘(d) PROCESS FOR SELECTION.—

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

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

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

11 and coordination with the State of North Dakota in

12 coordination with affected local communities, shall

13 select 1 or more project features described in sub14 section (a) that will meet the comprehensive water

15 quality and quantity needs of the Red River Valley.

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

17 after the record of decision has been executed, the

18 Secretary shall enter into a cooperative agreement

19 with the State of North Dakota to construct the fea20 ture or features selected.

21 ‘‘(e) SHEYENNE RIVER WATER SUPPLY AND RE22 LEASE OR ALTERNATE FEATURES.—The Secretary shall

23 construct, operate, and maintain a Sheyenne River water

24 supply and release feature (including a water treatment

25 plant) capable of delivering 100 cubic feet per second of
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1 water or any other amount determined in the reports

2 under this section, for the cities of Fargo and Grand

3 Forks and surrounding communities, or such other feature

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

5 SEC. 9. OAKES TEST AREA TITLE TRANSFER.

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

7 striking section 9 and inserting the following:

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

9 ‘‘(a) IN GENERAL.—Not later than 2 years after exe10 cution of a record of decision under section 8(d) on wheth11 er to use the New Rockford Canal as a means of delivering

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

13 the Secretary shall enter into an agreement with the State

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

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

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

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

18 such terms and conditions as the Secretary believes would

19 fully protect the public interest.

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

21 define the terms and conditions of the transfer of the fa22 cilities, lands, mineral estate, easements, rights-of-way

23 and water rights including the avoidance of costs that the

24 Federal Government would otherwise incur in the case of

25 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)— 4739) is amended—

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.’’ $200,000,000.’’; 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 ‘‘(IV) $80,000,000 to the Stand18 ing Rock Indian Reservation.

19 ‘‘(V) $20,000,000 to the Turtle

20 Mountain Indian Reservation.’’; and

21 (ii) 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 the

18 following:

19 ‘‘(e) INDEXING.—The $300,000,000 $200,000,000

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

21 amount under subsection (a)(1)(B), and the funds author22 ized under subsection (b)(2) shall be indexed as necessary

23 to allow for ordinary fluctuations of construction costs in24 curred after the date of enactment of the Dakota Water

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

2 other authorized 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.’’