106TH CONGRESS

2D SESSION S. 623

AN ACT

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,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Dakota Water Re5 sources Act of 2000’’.
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1 SEC. 2. PURPOSES AND AUTHORIZATION.

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

3 Stat. 418) is amended—

4 (1) in subsection (a)—

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

6 inserting ‘‘within’’;

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

8 timely’’ and inserting ‘‘appropriate’’; and

9 (C) in paragraph (7), by striking ‘‘feder10 ally-assisted water resource development project

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

12 and inserting ‘‘multipurpose federally assisted

13 water resource project providing irrigation, mu14 nicipal, rural, and industrial water systems,

15 fish, wildlife, and other natural resource con16 servation and development, recreation, flood

17 control, ground water recharge, and augmented

18 stream flows’’;

19 (2) in subsection (b)—

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

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

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

23 acres’’ and inserting ‘‘irrigation’’;

24 (C) by striking ‘‘fish and wildlife conserva25 tion’’ and inserting ‘‘fish, wildlife, and other

26 natural resource conservation’’;
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1 (D) by inserting ‘‘augmented stream flows,

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

3 and

4 (E) by inserting ‘‘(as modified by the Da5 kota Water Resources Act of 2000)’’ before the

6 period at the end;

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

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

9 (4) by striking subsections (f) and (g) and in10 serting the following:

11 ‘‘(f) COSTS.—

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

13 estimate—

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

15 facilities (including mitigation facilities) in ex16 istence as of the date of enactment of the Da17 kota Water Resources Act of 2000; and

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

19 and replacement costs associated with the used

20 and unused capacity of the features in existence

21 as of that date.

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

23 repayment contract shall be negotiated that provides

24 for the making of a payment for each payment pe25 riod in an amount that is commensurate with the
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1 percentage of the total capacity of the project that

2 is in actual use during the payment period.

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

4 Except as otherwise provided in this Act or Rec5 lamation Law—

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

7 the costs of operation and maintenance of the

8 proportionate share of unit facilities in exist9 ence on the date of enactment of the Dakota

10 Water Resources Act of 2000 attributable to

11 the capacity of the facilities (including mitiga12 tion facilities) that remain unused;

13 ‘‘(B) The State of North Dakota shall be

14 responsible for costs of operation and mainte15 nance of the proportionate share of existing

16 unit facilities that are used and shall be respon17 sible for the full costs of operation and mainte18 nance of any facility constructed after the date

19 of enactment of the Dakota Water Resources

20 Act of 2000; and

21 ‘‘(C) The State of North Dakota shall be

22 responsible for the costs of providing energy to

23 authorized unit facilities.

24 ‘‘(g) AGREEMENT BETWEEN THE SECRETARY AND

25 THE STATE.—The Secretary shall enter into 1 or more
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1 agreements with the State of North Dakota to carry out

2 this Act, including operation and maintenance of the com3 pleted unit facilities and the design and construction of

4 authorized new unit facilities by the State.

5 ‘‘(h) BOUNDARY 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 treat13 ment can be provided to meet the requirements of

14 the Treaty between the United States and Great

15 Britain relating to Boundary Waters Between the

16 United States and Canada, signed at Washington,

17 January 11, 1909 (26 Stat. 2448; TS 548) (com18 monly known as the Boundary Waters Treaty of

19 1909).

20 ‘‘(2) COSTS.—All costs of construction, oper21 ation, maintenance, and replacement of water treat22 ment and related facilities authorized by this Act

23 and attributable to meeting the requirements of the

24 treaty referred to in paragraph (1) shall be non25 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.’’.

15 SEC. 4. INTEREST CALCULATION.

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

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

18 during construction shall be calculated only until such

19 date as the Secretary declares any particular feature to

20 be substantially complete, regardless of whether the fea21 ture is placed into service.’’.

22 SEC. 5. IRRIGATION FACILITIES.

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

24 amended—
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1 (1) by striking ‘‘SEC. 5. (a)(1)’’ and all that

2 follows through subsection (c) and inserting the fol3 lowing:

4 ‘‘SEC. 5. IRRIGATION FACILITIES.

5 ‘‘(a) IN GENERAL.—

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

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

8 the date of enactment of the Dakota Water Re9 sources Act of 2000, the Secretary may develop irri10 gation in—

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

12 acres);

13 ‘‘(B) the McClusky Canal service area

14 (10,000 acres); and

15 ‘‘(C) if the investment costs are fully reim16 bursed without aid to irrigation from the Pick17 Sloan Missouri Basin Program, the New Rock18 ford Canal service area (1,200 acres).

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

20 of the irrigation authorized by this section may be

21 developed in the Hudson Bay/Devils Lake Basin.

22 ‘‘(3) NO EXCESS DEVELOPMENT.—The Sec23 retary shall not develop irrigation in the service

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

25 acreage specified in that paragraph, except that the
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1 Secretary shall develop up to 28,000 acres of irriga2 tion in other areas of North Dakota (such as the

3 Elk/Charbonneau, Mon-Dak, Nesson Valley, Horse4 head Flats, and Oliver-Mercer areas) that are not lo5 cated in the Hudson Bay/Devils Lake drainage basin

6 or James River drainage basin.

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

8 authorized by this section shall be considered au9 thorized units of the Pick-Sloan Missouri Basin Pro10 gram and eligible to receive project pumping power.

11 ‘‘(5) PRINCIPAL SUPPLY WORKS.—The Sec12 retary shall maintain the Snake Creek Pumping

13 Plant, New Rockford Canal, and McClusky Canal

14 features of the principal supply works. Subject to

15 the provisions of section (8) of this Act, the Sec16 retary shall select a preferred alternative to imple17 ment the Dakota Water Resources Act of 2000. In

18 making this section, one of the alternatives the Sec19 retary shall consider is whether to connect the prin20 cipal supply works in existence on the date of enact21 ment.’’;

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

23 (f) as subsections (b), (c), and (d), respectively;
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1 (3) in the first sentence of subsection (b) (as

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

3 and inserting ‘‘(a)’’;

4 (4) in the first sentence of subsection (c) (as re5 designated by paragraph (2)), by striking ‘‘Lucky

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

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

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

9 other lands at Fort Berthold of equal acreage as

10 may be selected by the tribe and approved by the

11 Secretary,’’; and

12 (5) by adding at the end the following:

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

14 ‘‘(1) IN GENERAL.—The Secretary shall inves15 tigate and prepare a detailed report on the undesig16 nated 28,000 acres in subsection (a)(3) as to costs

17 and benefits for any irrigation units to be developed

18 under Reclamation law.

19 ‘‘(2) FINDING.—The report shall include a find20 ing on the economic, financial and engineering feasi21 bility of the proposed irrigation unit, but shall be

22 limited to the undesignated 28,000 acres.

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

24 that the proposed construction is feasible, such irri-
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1 gation units are authorized without further Act of

2 Congress.

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

4 the construction of facilities authorized under this

5 section shall be made until after the Secretary, in

6 cooperation with the State of North Dakota, has

7 prepared the appropriate documentation in accord8 ance with section 1 and pursuant to the National

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

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

11 implementing the report.’’.

12 SEC. 6. POWER.

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

14 Stat. 421) is amended—

15 (1) in subsection (b)—

16 (A) by striking ‘‘Notwithstanding the pro17 visions of’’ and inserting ‘‘Pursuant to the pro18 visions of’’; and

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

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

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

22 following:

23 ‘‘(c) NO INCREASE IN RATES OR AFFECT ON REPAY24 MENT METHODOLOGY.—In accordance with the last sen25 tence of section 302(a)(3) of the Department of Energy
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1 Organization Act (42 U.S.C. 7152(a)(3)), section 1(e)

2 shall not result in any reallocation of project costs and

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

4 Basin Program customers. Nothing in the Dakota Water

5 Resources Act of 2000 alters or affects in any way the

6 repayment methodology in effect as of the date of enact7 ment of that Act for other features of the Pick-Sloan Mis8 souri Basin Program.’’.

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

10 SERVICE.

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

12 amended—

13 (1) in subsection (a)(3)—

14 (A) in the second sentence—

15 (i) by striking ‘‘The non-Federal

16 share’’ and inserting ‘‘Unless otherwise

17 provided in this Act, the non-Federal

18 share’’;

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

20 and inserting ‘‘water systems’’;

21 (iii) by inserting after the second sen22 tence the following: ‘‘The State may use

23 the Federal and non-Federal funds to pro24 vide grants or loans for municipal, rural,

25 and industrial water systems. The State
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1 shall use the proceeds of repaid loans for

2 municipal, rural, and industrial water sys3 tems. Proceeds from loan repayments and

4 any interest thereon shall be treated as

5 Federal funds.’’; and

6 (iv) by striking the last sentence and

7 inserting the following: ‘‘The Southwest

8 Pipeline Project, the Northwest Area

9 Water Supply Project, the Red River Val10 ley Water Supply Project, and other mu11 nicipal, industrial, and rural water systems

12 in the State of North Dakota shall be eligi13 ble for funding under the terms of this sec14 tion. Funding provided under this section

15 for the Red River Valley Water Supply

16 Project shall be in addition to funding for

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

18 The amount of non-Federal contributions

19 made after May 12, 1986, that exceeds the

20 25 percent requirement shall be credited to

21 the State for future use in municipal,

22 rural, and industrial projects under this

23 section.’’; and

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

25 inserting the following:
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1 ‘‘(b) WATER CONSERVATION PROGRAM.—The State

2 of North Dakota may use funds provided under sub3 sections (a) and (b)(1)(A) of section 10 to develop and

4 implement a water conservation program. The Secretary

5 and the State shall jointly establish water conservation

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

7 improve the availability of water supplies to meet the pur8 poses of this Act. If the State achieves the established

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

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

11 to 24.5 percent.

12 ‘‘(c) NONREIMBURSABILITY OF COSTS.—With re13 spect to the Southwest Pipeline Project, the Northwest

14 Area Water Supply Project, the Red River Valley Water

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

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

17 constructed on the Missouri River by the Secretary of the

18 Army before the date of enactment of the Dakota Water

19 Resources Act of 2000 shall be nonreimbursable.

20 ‘‘(d) INDIAN MUNICIPAL RURAL AND INDUSTRIAL

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

22 and maintain such municipal, rural, and industrial water

23 systems as the Secretary determines to be necessary to

24 meet the economic, public health, and environmental needs

25 of the Fort Berthold, Standing Rock, Turtle Mountain (in-
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1 cluding the Trenton Indian Service Area), and Fort

2 Totten Indian Reservations and adjacent areas.’’.

3 SEC. 8. SPECIFIC FEATURES.

4 (a) SYKESTON CANAL.—Sykeston Canal is hereby de5 authorized.

6 (b) IN GENERAL.—Public Law 89–108 (100 Stat.

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

8 following:

9 ‘‘SEC. 8. SPECIFIC FEATURES.

10 ‘‘(a) RED RIVER VALLEY WATER SUPPLY

11 PROJECT.—

12 ‘‘(1) IN GENERAL.—Subject to the require13 ments of this section, the Secretary shall construct

14 a feature or features to provide water to the

15 Sheyenne River water supply and release facility or

16 such other feature or features as are selected under

17 subsection (d).

18 ‘‘(2) DESIGN AND CONSTRUCTION.—The fea19 ture or features shall be designed and constructed to

20 meet only the following water supply requirements

21 as identified in the report prepared pursuant to sub22 section (b) of this section: Municipal, rural, and in23 dustrial water supply needs; ground water recharge;

24 and streamflow augmentation.
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1 ‘‘(3) COMMENCEMENT OF CONSTRUCTION.—(A)

2 If the Secretary selects a project feature under this

3 section that would provide water from the Missouri

4 River or its tributaries to the Sheyenne River water

5 supply and release facility or from the Missouri

6 River or its tributaries to such other conveyance fa7 cility as the Secretary selects under this section, no

8 later than 90 days after the completion of the final

9 environmental impact statement, the Secretary shall

10 transmit to Congress a comprehensive report which

11 provides—

12 ‘‘(i) a detailed description of the proposed

13 project feature;

14 ‘‘(ii) a summary of major issues addressed

15 in the environmental impact statement;

16 ‘‘(iii) likely effects, if any, on other States

17 bordering the Missouri River and on the State

18 of Minnesota; and

19 ‘‘(iv) a description of how the project fea20 ture complies with the requirements of section

21 1(h)(1) of this Act (relating to the Boundary

22 Waters Treaty of 1909).

23 ‘‘(B) No project feature or features that would

24 provide water from the Missouri River or its tribu25 taries to the Sheyenne River water supply and re-
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1 lease facility or from the Missouri River or its tribu2 taries to such other conveyance facility as the Sec3 retary selects under this section shall be constructed

4 unless such feature is specifically authorized by an

5 Act of Congress approved subsequent to the Sec6 retary’s transmittal of the report required in sub7 paragraph (A). If, after complying with subsections

8 (b) through (d) of this section, the Secretary selects

9 a feature or features using only in-basin sources of

10 water to meet the water needs of the Red River Val11 ley identified in subsection (b), such features are au12 thorized without further Act of Congress. The Act of

13 Congress referred to in this subparagraph must be

14 an authorization bill, and shall not be a bill making

15 appropriations.

16 ‘‘(C) The Secretary may not commence con17 struction on the feature until a master repayment

18 contract or water service agreement consistent with

19 this Act between the Secretary and the appropriate

20 non-Federal entity has been executed.

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

22 AND OPTIONS.—

23 ‘‘(1) IN GENERAL.—The Secretary of the Inte24 rior shall conduct a comprehensive study of the

25 water quality and quantity needs of the Red River
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1 Valley in North Dakota and possible options for

2 meeting those needs.

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

5 ‘‘(A) municipal, rural, and industrial water

6 supplies;

7 ‘‘(B) water quality;

8 ‘‘(C) aquatic environment;

9 ‘‘(D) recreation; and

10 ‘‘(E) water conservation measures.

11 ‘‘(3) PROCESS.—In conducting the study, the

12 Secretary through an open and public process shall

13 solicit input from gubernatorial designees from

14 states that may be affected by possible options to

15 meet such needs as well as designees from other fed16 eral agencies with relevant expertise. For any option

17 that includes an out-of-basin solution, the Secretary

18 shall consider the effect of the option on other states

19 that may be affected by such option, as well as other

20 appropriate considerations. Upon completion, a draft

21 of the study shall be provided by the Secretary to

22 such states and federal agencies. Such states and

23 agencies shall be given not less than 120 days to re24 view and comment on the study method, findings

25 and conclusions leading to any alternative that may
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1 have an impact on such states or on resources sub2 ject to such federal agencies’ jurisdiction. The Sec3 retary shall receive and take into consideration any

4 such comments and produce a final report and

5 transmit the final report to Congress.

6 ‘‘(4) LIMITATION.—No design or construction

7 of any feature or features that facilitate an out-of8 basin transfer from the Missouri River drainage

9 basin shall be authorized under the provisions of this

10 subsection.

11 ‘‘(c) ENVIRONMENTAL IMPACT STATEMENT.—

12 ‘‘(1) IN GENERAL.—Nothing in this section

13 shall be construed to supersede any requirements

14 under the National Environmental Policy Act or the

15 Administrative Procedures Act.

16 ‘‘(2) DRAFT.—

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

19 Dakota as authorized under section 1(g), not

20 later than 1 year after the date of enactment of

21 the Dakota Water Resources Act of 2000, the

22 Secretary and the State of North Dakota shall

23 jointly prepare and complete a draft environ24 mental impact statement concerning all feasible

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

2 the options for meeting those needs, including

3 the delivery of Missouri River water to the Red

4 River Valley.

5 ‘‘(B) REPORT ON STATUS.—If the Sec6 retary and State of North Dakota cannot pre7 pare and complete the draft environmental im8 pact statement within 1 year after the date of

9 enactment of the Dakota Water Resources Act

10 of 2000, the Secretary, in consultation and co11 ordination with the State of North Dakota,

12 shall report to Congress on the status of this

13 activity, including an estimate of the date of

14 completion.

15 ‘‘(3) FINAL.—

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

17 after filing the draft environmental impact

18 statement, a final environmental impact state19 ment shall be prepared and published.

20 ‘‘(B) REPORT ON STATUS.—If the Sec21 retary and State of North Dakota cannot pre22 pare and complete a final environmental impact

23 statement within 1 year of the completion of

24 the draft environmental impact statement, the

25 Secretary, in consultation and coordination with
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1 the State of North Dakota, shall report to Con2 gress on the status of this activity, including an

3 estimate of the date of completion.

4 ‘‘(d) PROCESS FOR SELECTION.—

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

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

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

8 and coordination with the State of North Dakota in

9 coordination with affected local communities, shall

10 select 1 or more project features described in sub11 section (a) that will meet the comprehensive water

12 quality and quantity needs of the Red River Valley.

13 The Secretary’s selection of an alternative shall be

14 subject to judicial review.

15 ‘‘(2) AGREEMENTS.—If the Secretary selects an

16 option under paragraph (1) that uses only in-basin

17 sources of water, not later than 180 days after the

18 record of decision has been executed, the Secretary

19 shall enter into a cooperative agreement with the

20 State of North Dakota to construct the feature or

21 features selected. If the Secretary selects an option

22 under paragraph (1) that would require a further

23 act of Congress under the provisions of subsection

24 (a), not later than 180 days after the date of enact25 ment of legislation required under subsection (a) the
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1 Secretary shall enter into a cooperative agreement

2 with the State of North Dakota to construct the fea3 ture or features authorized by that legislation.

4 ‘‘(e) SHEYENNE RIVER WATER SUPPLY AND RE5 LEASE OR ALTERNATE FEATURES.—The Secretary shall

6 construct, operate, and maintain a Sheyenne River water

7 supply and release feature (including a water treatment

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

9 water or any other amount determined in the reports

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

11 Forks and surrounding communities, or such other feature

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

13 ‘‘(f) DEVILS LAKE.—No funds authorized under this

14 Act may be used to carry out the portion of the feasibility

15 study of the Devils Lake basin, North Dakota, authorized

16 under the Energy and Water Development Appropriations

17 Act of 1993 (Public Law 102–377), that addresses the

18 needs of the area for stabilized lake levels through inlet

19 controls, or to otherwise study any facility or carry out

20 any activity that would permit the transfer of water from

21 the Missouri River drainage basin into Devils Lake, North

22 Dakota.’’.

23 SEC. 9. OAKES TEST AREA TITLE TRANSFER.

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

25 striking section 9 and inserting the following:
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1 ‘‘SEC. 9. OAKES TEST AREA TITLE TRANSFER.

2 ‘‘(a) IN GENERAL.—Not later than 2 years after exe3 cution of a record of decision under section 8(d) on wheth4 er to use the New Rockford Canal as a means of delivering

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

6 the Secretary shall enter into an agreement with the State

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

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

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

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

11 such terms and conditions as the Secretary believes would

12 fully protect the public interest.

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

14 define the terms and conditions of the transfer of the fa15 cilities, lands, mineral estate, easements, rights-of-way

16 and water rights including the avoidance of costs that the

17 Federal Government would otherwise incur in the case of

18 a failure to agree under subsection (d).

19 ‘‘(c) COMPLIANCE.—The action of the Secretary

20 under this section shall comply with all applicable require21 ments of Federal, State, and local law.

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

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

24 the Secretary shall dispose of the Oakes Test Area facili25 ties under the Federal Property and Administrative Serv26 ices Act of 1949 (40 U.S.C. 471 et seq.).’’.
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1 SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

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

3 106 Stat. 4669, 4739) is amended—

4 (1) in subsection (a)—

5 (A) by striking ‘‘(a)(1) There are author6 ized’’ and inserting the following:

7 ‘‘(a) WATER DISTRIBUTION FEATURES.—

8 ‘‘(1) IN GENERAL.—

9 ‘‘(A) MAIN STEM SUPPLY WORKS.—There

10 is authorized’’;

11 (B) in paragraph (1)—

12 (i) in the first sentence, by striking

13 ‘‘$270,395,000 for carrying out the provi14 sions of section 5(a) through 5(c) and sec15 tion 8(a)(1) of this Act’’ and inserting

16 ‘‘$164,000,000 to carry out section 5(a)’’;

17 (ii) by inserting after subparagraph

18 (A) (as designated by clause (i)) the fol19 lowing:

20 ‘‘(B) RED RIVER VALLEY WATER SUPPLY

21 PROJECT.—There is authorized to be appro22 priated to carry out section 8(a)(1)

23 $200,000,000.’’; and

24 (iii) by striking ‘‘Such sums’’ and in25 serting the following:

26 ‘‘(C) AVAILABILITY.—Such sums’’; and
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1 (C) in paragraph (2)—

2 (i) by striking ‘‘(2) There is’’ and in3 serting the following:

4 ‘‘(2) INDIAN IRRIGATION.—

5 ‘‘(A) IN GENERAL.—There is’’;

6 (ii) by striking ‘‘for carrying out sec7 tion 5(e) of this Act’’ and inserting ‘‘to

8 carry out section 5(c)’’; and

9 (iii) by striking ‘‘Such sums’’ and in10 serting the following:

11 ‘‘(B) AVAILABILITY.—Such sums’’;

12 (2) in subsection (b)—

13 (A) by striking ‘‘(b)(1) There is’’ and in14 serting the following:

15 ‘‘(b) MUNICIPAL, RURAL, AND INDUSTRIAL WATER

16 SUPPLY.—

17 ‘‘(1) STATEWIDE.—

18 ‘‘(A) INITIAL AMOUNT.—There is’’;

19 (B) in paragraph (1)—

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

21 the following:

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

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

24 authorized to be appropriated to carry out sec25 tion 7(a) $200,000,000.’’; and
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1 (ii) by striking ‘‘Such sums’’ and in2 serting the following:

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

4 (C) in paragraph (2)—

5 (i) by striking ‘‘(2) There are author6 ized to be appropriated $61,000,000’’ and

7 all that follows through ‘‘Act.’’ and insert8 ing the following:

9 ‘‘(2) INDIAN MUNICIPAL, RURAL, AND INDUS10 TRIAL AND OTHER DELIVERY FEATURES.—

11 ‘‘(A) INITIAL AMOUNT.—There is author12 ized to be appropriated—

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

14 $40,500,000; and

15 ‘‘(ii) to carry out section 7(d),

16 $20,500,000.’’;

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

18 the following:

19 ‘‘(B) ADDITIONAL AMOUNT.—

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

21 amount under subparagraph (A), there is

22 authorized to be appropriated to carry out

23 section 7(d) $200,000,000.
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1 ‘‘(ii) ALLOCATION.—The amount

2 under clause (i) shall be allocated as fol3 lows:

4 ‘‘(I) $30,000,000 to the Fort

5 Totten Indian Reservation.

6 ‘‘(II) $70,000,000 to the Fort

7 Berthold Indian Reservation.

8 ‘‘(IV) $80,000,000 to the Stand9 ing Rock Indian Reservation.

10 ‘‘(V) $20,000,000 to the Turtle

11 Mountain Indian Reservation.’’; and

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

14 ‘‘(C) AVAILABILITY.—Such sums’’;

15 (3) in subsection (c)—

16 (A) by striking ‘‘(c) There is’’ and insert17 ing the following:

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

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

20 (B) by striking the second and third sen21 tences and inserting the following:

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

23 amount under paragraph (1), there are authorized

24 to be appropriated—
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1 ‘‘(A) $6,500,000 to carry out recreational

2 projects; and

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

4 out section 11;

5 to remain available until expended.

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

7 authorized under paragraph (2) for recreational

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

9 wetland interpretive center in the State of North

10 Dakota.

11 ‘‘(4) OPERATION AND MAINTENANCE.—

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

13 to be appropriated such sums as are necessary

14 for operation and maintenance of the unit (in15 cluding the mitigation and enhancement fea16 tures).

17 ‘‘(B) AUTHORIZATION LIMITS.—Expendi18 tures for operation and maintenance of features

19 substantially completed and features con20 structed before the date of enactment of the

21 Dakota Water Resources Act of 2000, including

22 funds expended for such purposes since the

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

24 not be counted against the authorization limits

25 in this section.
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1 ‘‘(5) MITIGATION AND ENHANCEMENT LAND.—

2 On or about the date on which the features author3 ized by section 8(a) are operational, a separate ac4 count in the Natural Resources Trust authorized by

5 section 11 shall be established for operation and

6 maintenance of the mitigation and enhancement

7 land associated with the unit.’’; and

8 (4) by striking subsection (e) and inserting the

9 following:

10 ‘‘(e) INDEXING.—The $200,000,000 amount under

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

12 subsection (a)(1)(B), and the funds authorized under sub13 section (b)(2) shall be indexed as necessary to allow for

14 ordinary fluctuations of construction costs incurred after

15 the date of enactment of the Dakota Water Resources Act

16 of 2000 as indicated by engineering cost indices applicable

17 for the type of construction involved. All other authorized

18 cost ceilings shall remain unchanged.’’.

19 SEC. 11. NATURAL RESOURCES TRUST.

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

21 is amended—

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

23 following:

24 ‘‘(a) CONTRIBUTION.—

25 ‘‘(1) INITIAL AUTHORIZATION.—
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1 ‘‘(A) IN GENERAL.—From the sums appro2 priated under section 10 for the Garrison Di3 version Unit, the Secretary shall make an an4 nual Federal contribution to a Natural Re5 sources Trust established by non-Federal inter6 ests in accordance with subsection (b) and oper7 ated in accordance with subsection (c).

8 ‘‘(B) AMOUNT.—The total amount of Fed9 eral contributions under subparagraph (A) shall

10 not exceed $12,000,000.

11 ‘‘(2) ADDITIONAL AUTHORIZATION.—

12 ‘‘(A) IN GENERAL.—In addition to the

13 amount authorized in paragraph (1), the Sec14 retary shall make annual Federal contributions

15 to the Natural Resources Trust until the

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

17 reached, in the manner stated in subparagraph

18 (B).

19 ‘‘(B) ANNUAL AMOUNT.—The amount of

20 the contribution under subparagraph (A) for

21 each fiscal year shall be the amount that is

22 equal to 5 percent of the total amount that is

23 appropriated for the fiscal year under sub24 sections (a)(1)(B) and (b)(1)(B) of section

25 10.’’.
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1 (2) in subsection (b), by striking ‘‘Wetlands

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

3 and

4 (3) in subsection (c)—

5 (A) by striking ‘‘Wetland Trust’’ and in6 serting ‘‘Natural Resources Trust’’;

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

8 ‘‘is met’’;

9 (C) in paragraph (1), by inserting ‘‘, grass10 land conservation and riparian areas’’ after

11 ‘‘habitat’’; and

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

13 the following:

14 ‘‘(C) The power to fund incentives for con15 servation practices by landowners.’’

Passed the Senate October 13 (legislative day, September 22), 2000.

Attest:

Secretary.

106TH CONGRESS

2T4dSession S. 623

AN ACT

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.