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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 623 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Dakota Water Resources Act of 
2000''.

SEC. 2. PURPOSES AND AUTHORIZATION.

    Section 1 of Public Law 89-108 (79 Stat. 433; 100 Stat. 418) is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (2), by striking ``of'' and 
                inserting ``within'';
                    (B) in paragraph (5), by striking ``more timely'' 
                and inserting ``appropriate''; and
                    (C) in paragraph (7), by striking ``federally-
                assisted water resource development project providing 
                irrigation for 130,940 acres of land'' and inserting 
                ``multipurpose federally assisted water resource 
                project providing irrigation, municipal, rural, and 
                industrial water systems, fish, wildlife, and other 
                natural resource conservation and development, 
                recreation, flood control, ground water recharge, and 
                augmented stream flows'';
            (2) in subsection (b)--
                    (A) by inserting ``, jointly with the State of 
                North Dakota,'' after ``construct'';
                    (B) by striking ``the irrigation of 130,940 acres'' 
                and inserting ``irrigation'';
                    (C) by striking ``fish and wildlife conservation'' 
                and inserting ``fish, wildlife, and other natural 
                resource conservation'';
                    (D) by inserting ``augmented stream flows, ground 
                water recharge,'' after ``flood control,''; and
                    (E) by inserting ``(as modified by the Dakota Water 
                Resources Act of 2000)'' before the period at the end;
            (3) in subsection (e), by striking ``terminated'' and all 
        that follows and inserting ``terminated.''; and
            (4) by striking subsections (f) and (g) and inserting the 
        following:
    ``(f) Costs.--
            ``(1) Estimate.--The Secretary shall estimate--
                    ``(A) the actual construction costs of the 
                facilities (including mitigation facilities) in 
                existence as of the date of enactment of the Dakota 
                Water Resources Act of 2000; and
                    ``(B) the annual operation, maintenance, and 
                replacement costs associated with the used and unused 
                capacity of the features in existence as of that date.
            ``(2) Repayment contract.--An appropriate repayment 
        contract shall be negotiated that provides for the making of a 
        payment for each payment period in an amount that is 
        commensurate with the percentage of the total capacity of the 
        project that is in actual use during the payment period.
            ``(3) Operation and maintenance costs.--Except as otherwise 
        provided in this Act or Reclamation Law--
                    ``(A) The Secretary shall be responsible for the 
                costs of operation and maintenance of the proportionate 
                share of unit facilities in existence on the date of 
                enactment of the Dakota Water Resources Act of 2000 
                attributable to the capacity of the facilities 
                (including mitigation facilities) that remain unused;
                    ``(B) The State of North Dakota shall be 
                responsible for costs of operation and maintenance of 
                the proportionate share of existing unit facilities 
                that are used and shall be responsible for the full 
                costs of operation and maintenance of any facility 
                constructed after the date of enactment of the Dakota 
                Water Resources Act of 2000; and
                    ``(C) The State of North Dakota shall be 
                responsible for the costs of providing energy to 
                authorized unit facilities.
    ``(g) Agreement Between the Secretary and the State.--The Secretary 
shall enter into 1 or more agreements with the State of North Dakota to 
carry out this Act, including operation and maintenance of the 
completed unit facilities and the design and construction of authorized 
new unit facilities by the State.
    ``(h) Boundary Waters Treaty of 1909.--
            ``(1) Delivery of water into the hudson bay basin.--Prior 
        to construction of any water systems authorized under this Act 
        to deliver Missouri River water into the Hudson Bay basin, the 
        Secretary, in consultation with the Secretary of State and the 
        Administrator of the Environmental Protection Agency, must 
        determine that adequate treatment can be provided to meet the 
        requirements of the Treaty between the United States and Great 
        Britain relating to Boundary Waters Between the United States 
        and Canada, signed at Washington, January 11, 1909 (26 Stat. 
        2448; TS 548) (commonly known as the Boundary Waters Treaty of 
        1909).
            ``(2) Costs.--All costs of construction, operation, 
        maintenance, and replacement of water treatment and related 
        facilities authorized by this Act and attributable to meeting 
        the requirements of the treaty referred to in paragraph (1) 
        shall be nonreimbursable.''.

SEC. 3. FISH AND WILDLIFE.

    Section 2 of Public Law 89-108 (79 Stat. 433; 100 Stat. 419) is 
amended--
            (1) by striking subsections (b), (c), and (d) and inserting 
        the following:
    ``(b) Fish and Wildlife Costs.--All fish and wildlife enhancement 
costs incurred in connection with waterfowl refuges, waterfowl 
production areas, and wildlife conservation areas proposed for Federal 
or State administration shall be nonreimbursable.
    ``(c) Recreation Areas.--
            ``(1) Costs.--If non-Federal public bodies continue to 
        agree to administer land and water areas approved for 
        recreation and agree to bear not less than 50 percent of the 
        separable costs of the unit allocated to recreation and 
        attributable to those areas and all the costs of operation, 
        maintenance, and replacement incurred in connection therewith, 
        the remainder of the separable capital costs so allocated and 
        attributed shall be nonreimbursable.
            ``(2) Approval.--The recreation areas shall be approved by 
        the Secretary in consultation and coordination with the State 
        of North Dakota.
    ``(d) Non-Federal Share.--The non-Federal share of the separable 
capital costs of the unit allocated to recreation shall be borne by 
non-Federal interests, using the following methods, as the Secretary 
may determine to be appropriate:
            ``(1) Services in kind.
            ``(2) Payment, or provision of lands, interests therein, or 
        facilities for the unit.
            ``(3) Repayment, with interest, within 50 years of first 
        use of unit recreation facilities.'';
            (2) in subsection (e)--
                    (A) by redesignating paragraphs (1) and (2) as 
                paragraphs (2) and (3), respectively;
                    (B) by inserting ``(1)'' after ``(e)'';
                    (C) in paragraph (2) (as redesignated by 
                subparagraph (A))--
                            (i) in the first sentence--
                                    (I) by striking ``within ten years 
                                after initial unit operation to 
                                administer for recreation and fish and 
                                wildlife enhancement'' and inserting 
                                ``to administer for recreation''; and
                                    (II) by striking ``which are not 
                                included within Federal waterfowl 
                                refuges and waterfowl production 
                                areas''; and
                            (ii) in the second sentence, by striking 
                        ``or fish and wildlife enhancement''; and
                    (D) in the first sentence of paragraph (3) (as 
                redesignated by subparagraph (A))--
                            (i) by striking ``, within ten years after 
                        initial operation of the unit,''; and
                            (ii) by striking ``paragraph (1) of this 
                        subsection'' and inserting ``paragraph (2)'';
            (3) in subsection (f), by striking ``and fish and wildlife 
        enhancement''; and
            (4) in subsection (j)--
                    (A) in paragraph (1), by striking ``prior to the 
                completion of construction of Lonetree Dam and 
                Reservoir''; and
                    (B) by adding at the end the following:
            ``(4) Taayer reservoir.--Taayer Reservoir is deauthorized 
        as a project feature. The Secretary, acting through the 
        Commissioner of Reclamation, shall acquire (including 
        acquisition through donation or exchange) up to 5,000 acres in 
        the Kraft and Pickell Slough areas and to manage the area as a 
        component of the National Wildlife Refuge System giving 
        consideration to the unique wildlife values of the area. In 
        acquiring the lands which comprise the Kraft and Pickell Slough 
        complex, the Secretary shall acquire wetlands in the immediate 
        vicinity which may be hydrologically related and nearby uplands 
        as may be necessary to provide for proper management of the 
        complex. The Secretary shall provide for appropriate visitor 
        access and control at the refuge.
            ``(5) Deauthorization of lonetree dam and reservoir.--The 
        Lonetree Dam and Reservoir is deauthorized, and the Secretary 
        shall designate the lands acquired for the former reservoir 
        site as a wildlife conservation area. The Secretary shall enter 
        into an agreement with the State of North Dakota providing for 
        the operation and maintenance of the wildlife conservation area 
        as an enhancement feature, the costs of which shall be paid by 
        the Secretary.''.

SEC. 4. INTEREST CALCULATION.

    Section 4 of Public Law 89-108 (100 Stat. 435) is amended by adding 
at the end the following: ``Interest during construction shall be 
calculated only until such date as the Secretary declares any 
particular feature to be substantially complete, regardless of whether 
the feature is placed into service.''.

SEC. 5. IRRIGATION FACILITIES.

    Section 5 of Public Law 89-108 (100 Stat. 419) is amended--
            (1) by striking ``Sec. 5. (a)(1)'' and all that follows 
        through subsection (c) and inserting the following:

``SEC. 5. IRRIGATION FACILITIES.

    ``(a) In General.--
            ``(1) Authorized development.--In addition to the 5,000-
        acre Oakes Test Area in existence on the date of enactment of 
        the Dakota Water Resources Act of 2000, the Secretary may 
        develop irrigation in--
                    ``(A) the Turtle Lake service area (13,700 acres);
                    ``(B) the McClusky Canal service area (10,000 
                acres); and
                    ``(C) if the investment costs are fully reimbursed 
                without aid to irrigation from the Pick-Sloan Missouri 
                Basin Program, the New Rockford Canal service area 
                (1,200 acres).
            ``(2) Development not authorized.--None of the irrigation 
        authorized by this section may be developed in the Hudson Bay/
        Devils Lake Basin.
            ``(3) No excess development.--The Secretary shall not 
        develop irrigation in the service areas described in paragraph 
        (1) in excess of the acreage specified in that paragraph, 
        except that the Secretary shall develop up to 28,000 acres of 
        irrigation in other areas of North Dakota (such as the Elk/
        Charbonneau, Mon-Dak, Nesson Valley, Horsehead Flats, and 
        Oliver-Mercer areas) that are not located in the Hudson Bay/
        Devils Lake drainage basin or James River drainage basin.
            ``(4) Pumping power.--Irrigation development authorized by 
        this section shall be considered authorized units of the Pick-
        Sloan Missouri Basin Program and eligible to receive project 
        pumping power.
            ``(5) Principal supply works.--The Secretary shall maintain 
        the Snake Creek Pumping Plant, New Rockford Canal, and McClusky 
        Canal features of the principal supply works. Subject to the 
        provisions of section (8) of this Act, the Secretary shall 
        select a preferred alternative to implement the Dakota Water 
        Resources Act of 2000. In making this section, one of the 
        alternatives the Secretary shall consider is whether to connect 
        the principal supply works in existence on the date of 
        enactment.'';
            (2) by redesignating subsections (d), (e), and (f) as 
        subsections (b), (c), and (d), respectively;
            (3) in the first sentence of subsection (b) (as 
        redesignated by paragraph (2)), by striking ``(a)(1)'' and 
        inserting ``(a)'';
            (4) in the first sentence of subsection (c) (as 
        redesignated by paragraph (2)), by striking ``Lucky Mound 
        (7,700 acres), Upper Six Mile Creek (7,500 acres)'' and 
        inserting ``Lucky Mound (7,700 acres) and Upper Six Mile Creek 
        (7,500 acres), or such other lands at Fort Berthold of equal 
        acreage as may be selected by the tribe and approved by the 
        Secretary,''; and
            (5) by adding at the end the following:
    ``(e) Irrigation Report to Congress.--
            ``(1) In general.--The Secretary shall investigate and 
        prepare a detailed report on the undesignated 28,000 acres in 
        subsection (a)(3) as to costs and benefits for any irrigation 
        units to be developed under Reclamation law.
            ``(2) Finding.--The report shall include a finding on the 
        economic, financial and engineering feasibility of the proposed 
        irrigation unit, but shall be limited to the undesignated 
        28,000 acres.
            ``(3) Authorization.--If the Secretary finds that the 
        proposed construction is feasible, such irrigation units are 
        authorized without further Act of Congress.
            ``(4) Documentation.--No expenditure for the construction 
        of facilities authorized under this section shall be made until 
        after the Secretary, in cooperation with the State of North 
        Dakota, has prepared the appropriate documentation in 
        accordance with section 1 and pursuant to the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
        analyzing the direct and indirect impacts of implementing the 
        report.''.

SEC. 6. POWER.

    Section 6 of Public Law 89-108 (79 Stat. 435; 100 Stat. 421) is 
amended--
            (1) in subsection (b)--
                    (A) by striking ``Notwithstanding the provisions 
                of'' and inserting ``Pursuant to the provisions of''; 
                and
                    (B) by striking ``revenues,'' and all that follows 
                and inserting ``revenues.''; and
            (2) by striking subsection (c) and inserting the following:
    ``(c) No Increase in Rates or Affect on Repayment Methodology.--In 
accordance with the last sentence of section 302(a)(3) of the 
Department of Energy Organization Act (42 U.S.C. 7152(a)(3)), section 
1(e) shall not result in any reallocation of project costs and shall 
not result in increased rates to Pick-Sloan Missouri Basin Program 
customers. Nothing in the Dakota Water Resources Act of 2000 alters or 
affects in any way the repayment methodology in effect as of the date 
of enactment of that Act for other features of the Pick-Sloan Missouri 
Basin Program.''.

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

    Section 7 of Public Law 89-108 (100 Stat. 422) is amended--
            (1) in subsection (a)(3)--
                    (A) in the second sentence--
                            (i) by striking ``The non-Federal share'' 
                        and inserting ``Unless otherwise provided in 
                        this Act, the non-Federal share'';
                            (ii) by striking ``each water system'' and 
                        inserting ``water systems'';
                            (iii) by inserting after the second 
                        sentence the following: ``The State may use the 
                        Federal and non-Federal funds to provide grants 
                        or loans for municipal, rural, and industrial 
                        water systems. The State shall use the proceeds 
                        of repaid loans for municipal, rural, and 
                        industrial water systems. Proceeds from loan 
                        repayments and any interest thereon shall be 
                        treated as Federal funds.''; and
                            (iv) by striking the last sentence and 
                        inserting the following: ``The Southwest 
                        Pipeline Project, the Northwest Area Water 
                        Supply Project, the Red River Valley Water 
                        Supply Project, and other municipal, 
                        industrial, and rural water systems in the 
                        State of North Dakota shall be eligible for 
                        funding under the terms of this section. 
                        Funding provided under this section for the Red 
                        River Valley Water Supply Project shall be in 
                        addition to funding for that project under 
                        section 10(a)(1)(B). The amount of non-Federal 
                        contributions made after May 12, 1986, that 
                        exceeds the 25 percent requirement shall be 
                        credited to the State for future use in 
                        municipal, rural, and industrial projects under 
                        this section.''; and
            (2) by striking subsections (b), (c), and (d) and inserting 
        the following:
    ``(b) Water Conservation Program.--The State of North Dakota may 
use funds provided under subsections (a) and (b)(1)(A) of section 10 to 
develop and implement a water conservation program. The Secretary and 
the State shall jointly establish water conservation goals to meet the 
purposes of the State program and to improve the availability of water 
supplies to meet the purposes of this Act. If the State achieves the 
established water conservation goals, the non-Federal cost share for 
future projects under subsection (a)(3) shall be reduced to 24.5 
percent.
    ``(c) Nonreimbursability of Costs.--With respect to the Southwest 
Pipeline Project, the Northwest Area Water Supply Project, the Red 
River Valley Water Supply Project, and other municipal, industrial, and 
rural water systems in North Dakota, the costs of the features 
constructed on the Missouri River by the Secretary of the Army before 
the date of enactment of the Dakota Water Resources Act of 2000 shall 
be nonreimbursable.
    ``(d) Indian Municipal Rural and Industrial Water Supply.--The 
Secretary shall construct, operate, and maintain such municipal, rural, 
and industrial water systems as the Secretary determines to be 
necessary to meet the economic, public health, and environmental needs 
of the Fort Berthold, Standing Rock, Turtle Mountain (including the 
Trenton Indian Service Area), and Fort Totten Indian Reservations and 
adjacent areas.''.

SEC. 8. SPECIFIC FEATURES.

    (a) Sykeston Canal.--Sykeston Canal is hereby deauthorized.
    (b) In General.--Public Law 89-108 (100 Stat. 423) is amended by 
striking section 8 and inserting the following:

``SEC. 8. SPECIFIC FEATURES.

    ``(a) Red River Valley Water Supply Project.--
            ``(1) In general.--Subject to the requirements of this 
        section, the Secretary shall construct a feature or features to 
        provide water to the Sheyenne River water supply and release 
        facility or such other feature or features as are selected 
        under subsection (d).
            ``(2) Design and construction.--The feature or features 
        shall be designed and constructed to meet only the following 
        water supply requirements as identified in the report prepared 
        pursuant to subsection (b) of this section: Municipal, rural, 
        and industrial water supply needs; ground water recharge; and 
        streamflow augmentation.
            ``(3) Commencement of construction.--(A) If the Secretary 
        selects a project feature under this section that would provide 
        water from the Missouri River or its tributaries to the 
        Sheyenne River water supply and release facility or from the 
        Missouri River or its tributaries to such other conveyance 
        facility as the Secretary selects under this section, no later 
        than 90 days after the completion of the final environmental 
        impact statement, the Secretary shall transmit to Congress a 
        comprehensive report which provides--
                    ``(i) a detailed description of the proposed 
                project feature;
                    ``(ii) a summary of major issues addressed in the 
                environmental impact statement;
                    ``(iii) likely effects, if any, on other States 
                bordering the Missouri River and on the State of 
                Minnesota; and
                    ``(iv) a description of how the project feature 
                complies with the requirements of section 1(h)(1) of 
                this Act (relating to the Boundary Waters Treaty of 
                1909).
            ``(B) No project feature or features that would provide 
        water from the Missouri River or its tributaries to the 
        Sheyenne River water supply and release facility or from the 
        Missouri River or its tributaries to such other conveyance 
        facility as the Secretary selects under this section shall be 
        constructed unless such feature is specifically authorized by 
        an Act of Congress approved subsequent to the Secretary's 
        transmittal of the report required in subparagraph (A). If, 
        after complying with subsections (b) through (d) of this 
        section, the Secretary selects a feature or features using only 
        in-basin sources of water to meet the water needs of the Red 
        River Valley identified in subsection (b), such features are 
        authorized without further Act of Congress. The Act of Congress 
        referred to in this subparagraph must be an authorization bill, 
        and shall not be a bill making appropriations.
            ``(C) The Secretary may not commence construction on the 
        feature until a master repayment contract or water service 
        agreement consistent with this Act between the Secretary and 
        the appropriate non-Federal entity has been executed.
    ``(b) Report on Red River Valley Water Needs and Options.--
            ``(1) In general.--The Secretary of the Interior shall 
        conduct a comprehensive study of the water quality and quantity 
        needs of the Red River Valley in North Dakota and possible 
        options for meeting those needs.
            ``(2) Needs.--The needs addressed in the report shall 
        include such needs as--
                    ``(A) municipal, rural, and industrial water 
                supplies;
                    ``(B) water quality;
                    ``(C) aquatic environment;
                    ``(D) recreation; and
                    ``(E) water conservation measures.
            ``(3) Process.--In conducting the study, the Secretary 
        through an open and public process shall solicit input from 
        gubernatorial designees from states that may be affected by 
        possible options to meet such needs as well as designees from 
        other federal agencies with relevant expertise. For any option 
        that includes an out-of-basin solution, the Secretary shall 
        consider the effect of the option on other states that may be 
        affected by such option, as well as other appropriate 
        considerations. Upon completion, a draft of the study shall be 
        provided by the Secretary to such states and federal agencies. 
        Such states and agencies shall be given not less than 120 days 
        to review and comment on the study method, findings and 
        conclusions leading to any alternative that may have an impact 
        on such states or on resources subject to such federal 
        agencies' jurisdiction. The Secretary shall receive and take 
        into consideration any such comments and produce a final report 
        and transmit the final report to Congress.
            ``(4) Limitation.--No design or construction of any feature 
        or features that facilitate an out-of-basin transfer from the 
        Missouri River drainage basin shall be authorized under the 
        provisions of this subsection.
    ``(c) Environmental Impact Statement.--
            ``(1) In general.--Nothing in this section shall be 
        construed to supersede any requirements under the National 
        Environmental Policy Act or the Administrative Procedures Act.
            ``(2) Draft.--
                    ``(A) Deadline.--Pursuant to an agreement between 
                the Secretary and State of North Dakota as authorized 
                under section 1(g), not later than 1 year after the 
                date of enactment of the Dakota Water Resources Act of 
                2000, the Secretary and the State of North Dakota shall 
                jointly prepare and complete a draft environmental 
                impact statement concerning all feasible options to 
                meet the comprehensive water quality and quantity needs 
                of the Red River Valley and the options for meeting 
                those needs, including the delivery of Missouri River 
                water to the Red River Valley.
                    ``(B) Report on status.--If the Secretary and State 
                of North Dakota cannot prepare and complete the draft 
                environmental impact statement within 1 year after the 
                date of enactment of the Dakota Water Resources Act of 
                2000, the Secretary, in consultation and coordination 
                with the State of North Dakota, shall report to 
                Congress on the status of this activity, including an 
                estimate of the date of completion.
            ``(3) Final.--
                    ``(A) Deadline.--Not later than 1 year after filing 
                the draft environmental impact statement, a final 
                environmental impact statement shall be prepared and 
                published.
                    ``(B) Report on status.--If the Secretary and State 
                of North Dakota cannot prepare and complete a final 
                environmental impact statement within 1 year of the 
                completion of the draft environmental impact statement, 
                the Secretary, in consultation and coordination with 
                the State of North Dakota, shall report to Congress on 
                the status of this activity, including an estimate of 
                the date of completion.
    ``(d) Process for Selection.--
            ``(1) In general.--After reviewing the final report 
        required by subsection (b)(1) and complying with subsection 
        (c), the Secretary, in consultation and coordination with the 
        State of North Dakota in coordination with affected local 
        communities, shall select 1 or more project features described 
        in subsection (a) that will meet the comprehensive water 
        quality and quantity needs of the Red River Valley. The 
        Secretary's selection of an alternative shall be subject to 
        judicial review.
            ``(2) Agreements.--If the Secretary selects an option under 
        paragraph (1) that uses only in-basin sources of water, not 
        later than 180 days after the record of decision has been 
        executed, the Secretary shall enter into a cooperative 
        agreement with the State of North Dakota to construct the 
        feature or features selected. If the Secretary selects an 
        option under paragraph (1) that would require a further act of 
        Congress under the provisions of subsection (a), not later than 
        180 days after the date of enactment of legislation required 
        under subsection (a) the Secretary shall enter into a 
        cooperative agreement with the State of North Dakota to 
        construct the feature or features authorized by that 
        legislation.
    ``(e) Sheyenne River Water Supply and Release or Alternate 
Features.--The Secretary shall construct, operate, and maintain a 
Sheyenne River water supply and release feature (including a water 
treatment plant) capable of delivering 100 cubic feet per second of 
water or any other amount determined in the reports under this section, 
for the cities of Fargo and Grand Forks and surrounding communities, or 
such other feature or features as may be selected under subsection (d).
    ``(f) Devils Lake.--No funds authorized under this Act may be used 
to carry out the portion of the feasibility study of the Devils Lake 
basin, North Dakota, authorized under the Energy and Water Development 
Appropriations Act of 1993 (Public Law 102-377), that addresses the 
needs of the area for stabilized lake levels through inlet controls, or 
to otherwise study any facility or carry out any activity that would 
permit the transfer of water from the Missouri River drainage basin 
into Devils Lake, North Dakota.''.

SEC. 9. OAKES TEST AREA TITLE TRANSFER.

    Public Law 89-108 (100 Stat. 423) is amended by striking section 9 
and inserting the following:

``SEC. 9. OAKES TEST AREA TITLE TRANSFER.

    ``(a) In General.--Not later than 2 years after execution of a 
record of decision under section 8(d) on whether to use the New 
Rockford Canal as a means of delivering water to the Red River Basin as 
described in section 8, the Secretary shall enter into an agreement 
with the State of North Dakota, or its designee, to convey title and 
all or any rights, interests, and obligations of the United States in 
and to the Oakes Test Area as constructed and operated under Public Law 
99-294 (100 Stat. 418) under such terms and conditions as the Secretary 
believes would fully protect the public interest.
    ``(b) Terms and Conditions.--The agreement shall define the terms 
and conditions of the transfer of the facilities, lands, mineral 
estate, easements, rights-of-way and water rights including the 
avoidance of costs that the Federal Government would otherwise incur in 
the case of a failure to agree under subsection (d).
    ``(c) Compliance.--The action of the Secretary under this section 
shall comply with all applicable requirements of Federal, State, and 
local law.
    ``(d) Failure To Agree.--If an agreement is not reached within the 
time limit specified in subsection (a), the Secretary shall dispose of 
the Oakes Test Area facilities under the Federal Property and 
Administrative Services Act of 1949 (40 U.S.C. 471 et seq.).''.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    Section 10 of Public Law 89-108 (100 Stat. 424; 106 Stat. 4669, 
4739) is amended--
            (1) in subsection (a)--
                    (A) by striking ``(a)(1) There are authorized'' and 
                inserting the following:
    ``(a) Water Distribution Features.--
            ``(1) In general.--
                    ``(A) Main stem supply works.--There is 
                authorized'';
                    (B) in paragraph (1)--
                            (i) in the first sentence, by striking 
                        ``$270,395,000 for carrying out the provisions 
                        of section 5(a) through 5(c) and section 
                        8(a)(1) of this Act'' and inserting 
                        ``$164,000,000 to carry out section 5(a)'';
                            (ii) by inserting after subparagraph (A) 
                        (as designated by clause (i)) the following:
                    ``(B) Red river valley water supply project.--There 
                is authorized to be appropriated to carry out section 
                8(a)(1) $200,000,000.''; and
                            (iii) by striking ``Such sums'' and 
                        inserting the following:
                    ``(C) Availability.--Such sums''; and
                    (C) in paragraph (2)--
                            (i) by striking ``(2) There is'' and 
                        inserting the following:
            ``(2) Indian irrigation.--
                    ``(A) In general.--There is'';
                            (ii) by striking ``for carrying out section 
                        5(e) of this Act'' and inserting ``to carry out 
                        section 5(c)''; and
                            (iii) by striking ``Such sums'' and 
                        inserting the following:
                    ``(B) Availability.--Such sums'';
            (2) in subsection (b)--
                    (A) by striking ``(b)(1) There is'' and inserting 
                the following:
    ``(b) Municipal, Rural, and Industrial Water Supply.--
            ``(1) Statewide.--
                    ``(A) Initial amount.--There is'';
                    (B) in paragraph (1)--
                            (i) by inserting before ``Such sums'' the 
                        following:
                    ``(B) Additional amount.--In addition to the amount 
                under subparagraph (A), there is authorized to be 
                appropriated to carry out section 7(a) $200,000,000.''; 
                and
                            (ii) by striking ``Such sums'' and 
                        inserting the following:
                    ``(C) Availability.--Such sums''; and
                    (C) in paragraph (2)--
                            (i) by striking ``(2) There are authorized 
                        to be appropriated $61,000,000'' and all that 
                        follows through ``Act.'' and inserting the 
                        following:
            ``(2) Indian municipal, rural, and industrial and other 
        delivery features.--
                    ``(A) Initial amount.--There is authorized to be 
                appropriated--
                            ``(i) to carry out section 8(a)(1), 
                        $40,500,000; and
                            ``(ii) to carry out section 7(d), 
                        $20,500,000.'';
                            (ii) by inserting before ``Such sums'' the 
                        following:
                    ``(B) Additional amount.--
                            ``(i) In general.--In addition to the 
                        amount under subparagraph (A), there is 
                        authorized to be appropriated to carry out 
                        section 7(d) $200,000,000.
                            ``(ii) Allocation.--The amount under clause 
                        (i) shall be allocated as follows:
                                    ``(I) $30,000,000 to the Fort 
                                Totten Indian Reservation.
                                    ``(II) $70,000,000 to the Fort 
                                Berthold Indian Reservation.
                                    ``(IV) $80,000,000 to the Standing 
                                Rock Indian Reservation.
                                    ``(V) $20,000,000 to the Turtle 
                                Mountain Indian Reservation.''; and
                            (ii) by striking ``Such sums'' and 
                        inserting the following:
                    ``(C) Availability.--Such sums'';
            (3) in subsection (c)--
                    (A) by striking ``(c) There is'' and inserting the 
                following:
    ``(c) Resources Trust and Other Provisions.--
            ``(1) Initial amount.--There is''; and
                    (B) by striking the second and third sentences and 
                inserting the following:
            ``(2) Additional amount.--In addition to amount under 
        paragraph (1), there are authorized to be appropriated--
                    ``(A) $6,500,000 to carry out recreational 
                projects; and
                    ``(B) an additional $25,000,000 to carry out 
                section 11;
        to remain available until expended.
            ``(3) Recreational projects.--Of the funds authorized under 
        paragraph (2) for recreational projects, up to $1,500,000 may 
        be used to fund a wetland interpretive center in the State of 
        North Dakota.
            ``(4) Operation and maintenance.--
                    ``(A) In general.-- There are authorized to be 
                appropriated such sums as are necessary for operation 
                and maintenance of the unit (including the mitigation 
                and enhancement features).
                    ``(B) Authorization limits.--Expenditures for 
                operation and maintenance of features substantially 
                completed and features constructed before the date of 
                enactment of the Dakota Water Resources Act of 2000, 
                including funds expended for such purposes since the 
                date of enactment of Public Law 99-294, shall not be 
                counted against the authorization limits in this 
                section.
            ``(5) Mitigation and enhancement land.--On or about the 
        date on which the features authorized by section 8(a) are 
        operational, a separate account in the Natural Resources Trust 
        authorized by section 11 shall be established for operation and 
        maintenance of the mitigation and enhancement land associated 
        with the unit.''; and
            (4) by striking subsection (e) and inserting the following:
    ``(e) Indexing.--The $200,000,000 amount under subsection 
(b)(1)(B), the $200,000,000 amount under subsection (a)(1)(B), and the 
funds authorized under 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. All other authorized cost ceilings shall remain 
unchanged.''.

SEC. 11. NATURAL RESOURCES TRUST.

    Section 11 of Public Law 89-108 (100 Stat. 424) is amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) Contribution.--
            ``(1) Initial authorization.--
                    ``(A) In general.--From the sums appropriated under 
                section 10 for the Garrison Diversion Unit, the 
                Secretary shall make an annual Federal contribution to 
                a Natural Resources Trust established by non-Federal 
                interests in accordance with subsection (b) and 
                operated in accordance with subsection (c).
                    ``(B) Amount.--The total amount of Federal 
                contributions under subparagraph (A) shall not exceed 
                $12,000,000.
            ``(2) Additional authorization.--
                    ``(A) In general.--In addition to the amount 
                authorized in paragraph (1), the Secretary shall make 
                annual Federal contributions to the Natural Resources 
                Trust until the amount authorized by section 
                10(c)(2)(B) is reached, in the manner stated in 
                subparagraph (B).
                    ``(B) Annual amount.--The amount of the 
                contribution under subparagraph (A) for each fiscal 
                year shall be the amount that is equal to 5 percent of 
                the total amount that is appropriated for the fiscal 
                year under subsections (a)(1)(B) and (b)(1)(B) of 
                section 10.''.
            (2) in subsection (b), by striking ``Wetlands Trust'' and 
        inserting ``Natural Resources Trust''; and
            (3) in subsection (c)--
                    (A) by striking ``Wetland Trust'' and inserting 
                ``Natural Resources Trust'';
                    (B) by striking ``are met'' and inserting ``is 
                met'';
                    (C) in paragraph (1), by inserting ``, grassland 
                conservation and riparian areas'' after ``habitat''; 
                and
                    (D) in paragraph (2), by adding at the end the 
                following:
                    ``(C) The power to fund incentives for conservation 
                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 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.

S 623 ES----2
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S 623 ES----5
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