In the House of Representatives, U. S.,

October 24, 2000.

Resolved, That the bill from the Senate (S. 1694) entitled ‘‘An Act to direct the Secretary of the Interior to conduct a study on the reclamation and reuse of water and

wastewater in the State of Hawaii’’, do pass with the following

AMENDMENTS:

Strike out all after the enacting clause and insert:

1 TITLE I—HAWAII WATER

2 RESOURCES STUDY

3 SEC. 101. SHORT TITLE.

4 This title may be cited as the ‘‘Hawaii Water Re5 sources Act of 2000’’.

6 SEC. 102. DEFINITIONS.

7 In this title:

8 (1) SECRETARY.—The term ‘‘Secretary’’ means

9 the Secretary of the Interior.

10 (2) STATE.—The term ‘‘State’’ means the State

11 of Hawaii.
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1 SEC. 103. HAWAII WATER RESOURCES STUDY.

2 (a) IN GENERAL.—The Secretary, acting through the

3 Commissioner of Reclamation and in accordance with the

4 provisions of this title and existing legislative authorities

5 as may be pertinent to the provisions of this title, including:

6 the Act of August 23, 1954 (68 Stat. 773, chapter 838),

7 authorizing the Secretary to investigate the use of irrigation

8 and reclamation resource needs for areas of the islands of

9 Oahu, Hawaii, and Molokai in the State of Hawaii; section

10 31 of the Hawaii Omnibus Act (43 U.S.C. 422l) authorizing

11 the Secretary to develop reclamation projects in the State

12 under the Act of August 6, 1956 (70 Stat. 1044, chapter

13 972; 42 U.S.C. 422a et seq.) (commonly known as the

14 ‘‘Small Reclamation Projects Act’’); and the amendment

15 made by section 207 of the Hawaiian Home Lands Recov16 ery Act (109 Stat. 364; 25 U.S.C. 386a) authorizing the

17 Secretary to assess charges against Native Hawaiians for

18 reclamation cost recovery in the same manner as charges

19 are assessed against Indians or Indian tribes; is authorized

20 and directed to conduct a study that includes—

21 (1) a survey of the irrigation and other agricul22 tural water delivery systems in the State;

23 (2) an estimation of the cost of repair and reha24 bilitation of the irrigation and other agricultural

25 water delivery systems;
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1 (3) an evaluation of options and alternatives for

2 future use of the irrigation and other agricultural

3 water delivery systems (including alternatives that

4 would improve the use and conservation of water re5 sources and would contribute to agricultural diver6 sification, economic development, and improvements

7 to environmental quality); and

8 (4) the identification and investigation of oppor9 tunities for recycling, reclamation, and reuse of water

10 and wastewater for agricultural and nonagricultural

11 purposes.

12 (b) REPORTS.—

13 (1) IN GENERAL.—Not later than 2 years after

14 appropriation of funds authorized by this title, the

15 Secretary shall submit a report that describes the

16 findings and recommendations of the study described

17 in subsection (a) to—

18 (A) the Committee on Energy and Natural

19 Resources of the Senate; and

20 (B) the Committee on Resources of the

21 House of Representatives.

22 (2) ADDITIONAL REPORTS.—The Secretary shall

23 submit to the committees described in paragraph (1)

24 any additional reports concerning the study described
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1 in subsection (a) that the Secretary considers to be

2 necessary.

3 (c) COST SHARING.—Costs of conducting the study

4 and preparing the reports described in subsections (a) and

5 (b) of this section shall be shared between the Secretary and

6 the State. The Federal share of the costs of the study and

7 reports shall not exceed 50 percent of the total cost, and

8 shall be nonreimbursable. The Secretary shall enter into a

9 written agreement with the State, describing the arrange10 ments for payment of the non-Federal share.

11 (d) USE OF OUTSIDE CONTRACTORS.—The Secretary

12 is authorized to employ the services and expertise of the

13 State and/or the services and expertise of a private consult14 ant employed under contract with the State to conduct the

15 study and prepare the reports described in this section if

16 the State requests such an arrangement and if it can be

17 demonstrated to the satisfaction of the Secretary that such

18 an arrangement will result in the satisfactory completion

19 of the work authorized by this section in a timely manner

20 and at a reduced cost.

21 (e) AUTHORIZATION OF APPROPRIATIONS.—There are

22 authorized to be appropriated $300,000 for the Federal

23 share of the activities authorized under this title.
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1 SEC. 104. WATER RECLAMATION AND REUSE.

2 (a) Section 1602(b) of the Reclamation Wastewater

3 and Groundwater Study and Facilities Act (43 U.S.C.

4 390h(b)) is amended by inserting before the period at the

5 end the following: ‘‘, and the State of Hawaii’’.

6 (b) The Secretary is authorized to use the authorities

7 available pursuant to section 1602(b) of the Reclamation

8 Wastewater and Groundwater Study and Facilities Act (43

9 U.S.C. 390h(b)) to conduct the relevant portion of the study

10 and preparation of the reports authorized by this title if

11 the use of such authorities is found by the Secretary to be

12 appropriate and cost-effective, and provided that the total

13 Federal share of costs for the study and reports does not

14 exceed the amount authorized in section 103.

15 TITLE II—DROUGHT RELIEF

16 SEC. 201. DROUGHT RELIEF.

17 (a) RELIEF FOR HAWAII.—Section 104 of the Rec18 lamation States Emergency Drought Relief Act of 1991 (43

19 U.S.C. 2214) is amended—

20 (1) in subsection (a), by inserting after ‘‘Rec21 lamation State’’ the following: ‘‘and in the State of

22 Hawaii’’; and

23 (2) in subsection (c), by striking ‘‘ten years after

24 the date of enactment of this Act’’ and inserting ‘‘on

25 September 30, 2005’’.
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1 (b) ASSISTANCE FOR DROUGHT-RELATED PLANNING

2 IN RECLAMATION STATES.—Such Act is further amended

3 by adding at the end of title I the following:

4 ‘‘SEC. 105. ASSISTANCE FOR DROUGHT-RELATED PLANNING

5 IN RECLAMATION STATES.

6 ‘‘(a) IN GENERAL.—The Secretary may provide finan7 cial assistance in the form of cooperative agreements in

8 States that are eligible to receive drought assistance under

9 this title to promote the development of drought contingency

10 plans under title II.

11 ‘‘(b) REPORT.—Not later than one year after the date

12 of the enactment of the Hawaii Water Resources Act of

13 2000, the Secretary shall submit to the Congress a report

14 and recommendations on the advisability of providing fi15 nancial assistance for the development of drought contin16 gency plans in all entities that are eligible to receive assist17 ance under title II.’’.

18 TITLE III—CITY OF ROSEVILLE

19 PUMPING PLANT FACILITIES

20 SEC. 301. CITY OF ROSEVILLE PUMPING PLANT FACILITIES:

21 CREDIT FOR INSTALLATION OF ADDITIONAL

22 PUMPING PLANT FACILITIES IN ACCORDANCE

23 WITH AGREEMENT.

24 (a) IN GENERAL.—The Secretary shall credit an

25 amount up to $1,164,600, the precise amount to be deter-
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1 mined by the Secretary through a cost allocation, to the un2 paid capital obligation of the City of Roseville, California

3 (in this section referred to as the ‘‘City’’), as such obligation

4 is calculated in accordance with applicable Federal rec5 lamation law and Central Valley Project rate setting policy,

6 in recognition of future benefits to be accrued by the United

7 States as a result of the City’s purchase and funding of

8 the installation of additional pumping plant facilities in

9 accordance with a letter of agreement with the United

10 States numbered 5–07–20–X0331 and dated January 26,

11 1995. The Secretary shall simultaneously add an equivalent

12 amount of costs to the capital costs of the Central Valley

13 Project, and such added costs shall be reimbursed in accord14 ance with reclamation law and policy.

15 (b) EFFECTIVE DATE.—The credit under subsection

16 (a) shall take effect upon the date on which—

17 (1) the City and the Secretary have agreed that

18 the installation of the facilities referred to in sub19 section (a) has been completed in accordance with the

20 terms and conditions of the letter of agreement re21 ferred to in subsection (a); and

22 (2) the Secretary has issued a determination that

23 such facilities are fully operative as intended.
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1 TITLE IV—CLEAR CREEK DIS2 TRIBUTION SYSTEM CONVEY3 ANCE

4 SEC. 401. SHORT TITLE.

5 This title may be cited as the ‘‘Clear Creek Distribu6 tion System Conveyance Act’’.

7 SEC. 402. DEFINITIONS.

8 For purposes of this title:

9 (1) SECRETARY.—The term ‘‘Secretary’’ means

10 the Secretary of the Interior.

11 (2) DISTRICT.—The term ‘‘District’’ means the

12 Clear Creek Community Services District, a Cali13 fornia community services district located in Shasta

14 County, California.

15 (3) AGREEMENT.—The term ‘‘Agreement’’ means

16 Agreement No. 8–07–20–L6975 entitled ‘‘Agreement

17 Between the United States and the Clear Creek Com18 munity Services District to Transfer Title to the

19 Clear Creek Distribution System to the Clear Creek

20 Community Services District’’.

21 (4) DISTRIBUTION SYSTEM.—The term ‘‘Dis22 tribution System’’ means all the right, title, and in23 terest in and to the Clear Creek distribution system

24 as defined in the Agreement.
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1 SEC. 403. CONVEYANCE OF DISTRIBUTION SYSTEM.

2 In consideration of the District accepting the obliga3 tions of the Federal Government for the Distribution Sys4 tem, the Secretary shall convey the Distribution System to

5 the District pursuant to the terms and conditions set forth

6 in the Agreement.

7 SEC. 404. RELATIONSHIP TO EXISTING OPERATIONS.

8 Nothing in this title shall be construed to authorize

9 the District to construct any new facilities or to expand

10 or otherwise change the use or operation of the Distribution

11 System from its authorized purposes based upon historic

12 and current use and operation. Effective upon transfer, if

13 the District proposes to alter the use or operation of the

14 Distribution System, then the District shall comply with

15 all applicable laws and regulations governing such changes

16 at that time.

17 SEC. 405. RELATIONSHIP TO CERTAIN CONTRACT OBLIGA18 TIONS.

19 Conveyance of the Distribution System under this

20 title—

21 (1) shall not affect any of the provisions of the

22 District’s existing water service contract with the

23 United States (contract number 14–06–200–489–

24 IR3), as it may be amended or supplemented; and

25 (2) shall not deprive the District of any existing

26 contractual or statutory entitlement to subsequent in-
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1 terim renewals of such contract or to renewal by en2 tering into a long-term water service contract.

3 SEC. 406. LIABILITY.

4 Effective on the date of conveyance of the Distribution

5 System under this title, the United States shall not be liable

6 under any law for damages of any kind arising out of any

7 act, omission, or occurrence based on its prior ownership

8 or operation of the conveyed property.

9 TITLE V—SUGAR PINE DAM AND

10 RESERVOIR CONVEYANCE

11 SEC. 501. SHORT TITLE.

12 This title may be cited as the ‘‘Sugar Pine Dam and

13 Reservoir Conveyance Act’’.

14 SEC. 502. DEFINITIONS.

15 In this title:

16 (1) BUREAU.—The term ‘‘Bureau’’ means the

17 Bureau of Reclamation.

18 (2) DISTRICT.—The term ‘‘District’’ means the

19 Foresthill Public Utility District, a political subdivi20 sion of the State of California.

21 (3) PROJECT.—The term ‘‘Project’’ means the

22 improvements (and associated interests) authorized in

23 the Foresthill Divide Subunit of the Auburn-Folsom

24 South Unit, Central Valley Project, consisting of—

25 (A) Sugar Pine Dam;
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1 (B) the right to impound waters behind the

2 dam;

3 (C) the associated conveyance system, hold4 ing reservoir, and treatment plant;

5 (D) water rights;

6 (E) rights of the Bureau described in the

7 agreement of June 11, 1985, with the Supervisor

8 of Tahoe National Forest, California; and

9 (F) other associated interests owned and

10 held by the United States and authorized as part

11 of the Auburn-Folsom South Unit under Public

12 Law 89–161 (79 Stat. 615).

13 (4) SECRETARY.—The term ‘‘Secretary’’ means

14 the Secretary of the Interior.

15 (5) WATER SERVICES CONTRACT.—The term

16 ‘‘Water Services Contract’’ means Water Services

17 Contract #14–06–200–3684A, dated February 13,

18 1978, between the District and the United States.

19 SEC. 503. CONVEYANCE OF THE PROJECT.

20 (a) IN GENERAL.—As soon as practicable after date

21 of the enactment of this Act and in accordance with all ap22 plicable law, the Secretary shall convey all right, title, and

23 interest in and to the Project to the District.
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1 (b) SALE PRICE.—Except as provided in subsection

2 (c), on payment by the District to the Secretary of

3 $2,772,221—

4 (1) the District shall be relieved of all payment

5 obligations relating to the Project; and

6 (2) all debt under the Water Services Contract

7 shall be extinguished.

8 (c) MITIGATION AND RESTORATION PAYMENTS.—The

9 District shall continue to be obligated to make payments

10 under section 3407(c) of the Central Valley Project Improve11 ment Act (106 Stat. 4726) through 2029.

12 SEC. 504. RELATIONSHIP TO EXISTING OPERATIONS.

13 (a) IN GENERAL.—Nothing in this title significantly

14 expands or otherwise affects the use or operation of the

15 Project from its current use and operation.

16 (b) RIGHT TO OCCUPY AND FLOOD.—On the date of

17 the conveyance under section 503, the Chief of the Forest

18 Service shall grant the District the right to occupy and flood

19 portions of land in Tahoe National Forest, subject to the

20 terms and conditions stated in an agreement between the

21 District and the Supervisor of the Tahoe National Forest.

22 (c) CHANGES IN USE OR OPERATION.—If the District

23 changes the use or operation of the Project, the District shall

24 comply with all applicable laws (including regulations)

25 governing the change at the time of the change.
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1 SEC. 505. FUTURE BENEFITS.

2 On payment of the amount under section 503(b)—

3 (1) the Project shall no longer be a Federal rec4 lamation project or a unit of the Central Valley

5 Project; and

6 (2) the District shall not be entitled to receive

7 any further reclamation benefits.

8 SEC. 506. LIABILITY.

9 Except as otherwise provided by law, effective on the

10 date of conveyance under section 503, the United States

11 shall not be liable for damages of any kind arising out of

12 any act, omission, or occurrence based on its prior owner13 ship or operation of the Project.

14 SEC. 507. COSTS.

15 To the extent that costs associated with the Project are

16 included as a reimbursable cost of the Central Valley

17 Project, the Secretary is directed to exclude all costs in ex18 cess of the amount of costs repaid by the District from the

19 pooled reimbursable costs of the Central Valley Project until

20 such time as the Project has been operationally integrated

21 into the water supply of the Central Valley Project. Such

22 excess costs may not be included into the pooled reimburs23 able costs of the Central Valley Project in the future unless

24 a court of competent jurisdiction determines that operation

25 integration is not a prerequisite to the inclusion of such

26 costs pursuant to Public Law 89–161.
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1 TITLE VI—COLUSA BASIN WA2 TERSHED INTEGRATED RE3 SOURCES MANAGEMENT

4 SEC. 601. SHORT TITLE.

5 This title may be cited as the ‘‘Colusa Basin Watershed

6 Integrated Resources Management Act’’.

7 SEC. 602. AUTHORIZATION OF ASSISTANCE.

8 The Secretary of the Interior (in this title referred to

9 as the ‘‘Secretary’’), acting within existing budgetary au10 thority, may provide financial assistance to the Colusa

11 Basin Drainage District, California (in this title referred

12 to as the ‘‘District’’), for use by the District or by local

13 agencies acting pursuant to section 413 of the State of Cali14 fornia statute known as the Colusa Basin Drainage Act

15 (California Stats. 1987, ch. 1399) as in effect on the date

16 of the enactment of this Act (in this title referred to as the

17 ‘‘State statute’’), for planning, design, environmental com18 pliance, and construction required in carrying out eligible

19 projects in the Colusa Basin Watershed to—

20 (1)(A) reduce the risk of damage to urban and

21 agricultural areas from flooding or the discharge of

22 drainage water or tailwater;

23 (B) assist in groundwater recharge efforts to al24 leviate overdraft and land subsidence; or
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1 (C) construct, restore, or preserve wetland and

2 riparian habitat; and

3 (2) capture, as an incidental purpose of any of

4 the purposes referred to in paragraph (1), surface or

5 stormwater for conservation, conjunctive use, and in6 creased water supplies.

7 SEC. 603. PROJECT SELECTION.

8 (a) ELIGIBLE PROJECTS.—A project shall be an eligi9 ble project for purposes of section 602 only if it is—

10 (1) consistent with the plan for flood protection

11 and integrated resources management described in the

12 document entitled ‘‘Draft Programmatic Environ13 mental Impact Statement/Environmental Impact Re14 port and Draft Program Financing Plan, Integrated

15 Resources Management Program for Flood Control in

16 the Colusa Basin’’, dated May 2000; and

17 (2) carried out in accordance with that docu18 ment and all environmental documentation require19 ments that apply to the project under the laws of the

20 United States and the State of California.

21 (b) COMPATIBILITY REQUIREMENT.—The Secretary

22 shall ensure that projects for which assistance is provided

23 under this title are not inconsistent with watershed protec24 tion and environmental restoration efforts being carried out

25 under the authority of the Central Valley Project Improve-
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1 ment Act (Public Law 102–575; 106 Stat. 4706 et seq.) or

2 the CALFED Bay-Delta Program.

3 SEC. 604. COST SHARING.

4 (a) NON-FEDERAL SHARE.—The Secretary shall re5 quire that the District and cooperating non-Federal agen6 cies or organizations pay—

7 (1) 25 percent of the costs associated with con8 struction of any project carried out with assistance

9 provided under this title;

10 (2) 100 percent of any operation, maintenance,

11 and replacement and rehabilitation costs with respect

12 to such a project; and

13 (3) 35 percent of the costs associated with plan14 ning, design, and environmental compliance activi15 ties.

16 (b) PLANNING, DESIGN, AND COMPLIANCE ASSIST17 ANCE.—Funds appropriated pursuant to this title may be

18 made available to fund 65 percent of costs incurred for

19 planning, design, and environmental compliance activities

20 by the District or by local agencies acting pursuant to the

21 State statute, in accordance with agreements with the Sec22 retary.

23 (c) TREATMENT OF CONTRIBUTIONS.—For purposes of

24 this section, the Secretary shall treat the value of lands, in25 terests in lands (including rights-of-way and other ease-
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1 ments), and necessary relocations contributed by the Dis2 trict to a project as a payment by the District of the costs

3 of the project.

4 SEC. 605. COSTS NONREIMBURSABLE.

5 Amounts expended pursuant to this title shall be con6 sidered nonreimbursable for purposes of the Act of June 17,

7 1902 (32 Stat. 388; 43 U.S.C. 371 et seq.), and Acts amend8 atory thereof and supplemental thereto.

9 SEC. 606. AGREEMENTS.

10 Funds appropriated pursuant to this title may be

11 made available to the District or a local agency only if the

12 District or local agency, as applicable, has entered into a

13 binding agreement with the Secretary—

14 (1) under which the District or the local agency

15 is required to pay the non-Federal share of the costs

16 of construction required by section 604(a); and

17 (2) governing the funding of planning, design,

18 and compliance activities costs under section 604(b).

19 SEC. 607. REIMBURSEMENT.

20 For project work (including work associated with stud21 ies, planning, design, and construction) carried out by the

22 District or by a local agency acting pursuant to the State

23 statute in section 602 before the date amounts are provided

24 for the project under this title, the Secretary shall, subject

25 to amounts being made available in advance in appropria-
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1 tions Acts, reimburse the District or the local agency, with2 out interest, an amount equal to the estimated Federal share

3 of the cost of such work under section 604.

4 SEC. 608. COOPERATIVE AGREEMENTS.

5 (a) IN GENERAL.—The Secretary may enter into coop6 erative agreements and contracts with the District to assist

7 the Secretary in carrying out the purposes of this title.

8 (b) SUBCONTRACTING.—Under such cooperative agree9 ments and contracts, the Secretary may authorize the Dis10 trict to manage and let contracts and receive reimburse11 ments, subject to amounts being made available in advance

12 in appropriations Acts, for work carried out under such

13 contracts or subcontracts.

14 SEC. 609. RELATIONSHIP TO RECLAMATION REFORM ACT

15 OF 1982.

16 Activities carried out, and financial assistance pro17 vided, under this title shall not be considered a supple18 mental or additional benefit for purposes of the Reclama19 tion Reform Act of 1982 (96 Stat. 1263; 43 U.S.C. 390aa

20 et seq.).

21 SEC. 610. APPROPRIATIONS AUTHORIZED.

22 Within existing budgetary authority and subject to the

23 availability of appropriations, the Secretary is authorized

24 to expend up to $25,000,000, plus such additional amount,

25 if any, as may be required by reason of changes in costs
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1 of services of the types involved in the District’s projects

2 as shown by engineering and other relevant indexes to carry

3 out this title. Sums appropriated under this section shall

4 remain available until expended.

5 TITLE VII—CONVEYANCE TO

6 YUMA PORT AUTHORITY

7 SEC. 701. CONVEYANCE OF LANDS TO THE GREATER YUMA

8 PORT AUTHORITY.

9 (a) AUTHORITY TO CONVEY.—

10 (1) IN GENERAL.—The Secretary of the Interior,

11 acting through the Bureau of Reclamation, may, in

12 the 5-year period beginning on the date of the enact13 ment of this Act and in accordance with the condi14 tions specified in subsection (b) convey to the Greater

15 Yuma Port Authority the interests described in para16 graph (2).

17 (2) INTERESTS DESCRIBED.—The interests re18 ferred to in paragraph (1) are the following:

19 (A) All right, title, and interest of the

20 United States in and to the lands comprising

21 Section 23, Township 11 South, Range 24 West,

G&SRBM, Lots 1–4, NE1⁄4, N1⁄2 NW1 22 ⁄4, exclud23 ing lands located within the 60-foot border strip,

24 in Yuma County, Arizona.
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1 (B) All right, title, and interest of the

2 United States in and to the lands comprising

3 Section 22, Township 11 South, Range 24 West,

4 G&SRBM, East 300 feet of Lot 1, excluding

5 lands located within the 60-foot border strip, in

6 Yuma County, Arizona.

7 (C) All right, title, and interest of the

8 United States in and to the lands comprising

9 Section 24, Township 11 South, Range 24 West,

10 G&SRBM, West 300 feet, excluding lands in the

11 60-foot border strip, in Yuma County, Arizona.

12 (D) All right, title, and interest of the

13 United States in and to the lands comprising the

14 East 300 feet of the Southeast Quarter of Section

15 15, Township 11 South, Range 24 West,

16 G&SRBM, in Yuma County, Arizona.

17 (E) The right to use lands in the 60-foot

18 border strip excluded under subparagraphs (A),

19 (B), and (C), for ingress to and egress from the

20 international boundary between the United

21 States and Mexico.

22 (b) DEED COVENANTS AND CONDITIONS.—Any convey23 ance under subsection (a) shall be subject to the following

24 covenants and conditions:
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1 (1) A reservation of rights-of-way for ditches and

2 canals constructed or to be constructed by the author3 ity of the United States, this reservation being of the

4 same character and scope as that created with respect

5 to certain public lands by the Act of August 30, 1890

6 (26 Stat. 391; 43 U.S.C. 945), as it has been, or may

7 hereafter be amended.

8 (2) A leasehold interest in Lot 1, and the west

9 100 feet of Lot 2 in Section 23 for the operation of

10 a Cattle Crossing Facility, currently being operated

11 by the Yuma-Sonora Commercial Company, Incor12 porated. The lease as currently held contains 24.68

13 acres, more or less. Any renewal or termination of the

14 lease shall be by the Greater Yuma Port Authority.

15 (3) Reservation by the United States of a 245-

16 foot perpetual easement for operation and mainte17 nance of the 242 Lateral Canal and Well Field along

18 the northern boundary of the East 300 feet of Section

19 22, Section 23, and the West 300 feet of Section 24

20 as shown on Reclamation Drawing Nos. 1292–303–

21 3624, 1292–303–3625, and 1292–303–3626.

22 (4) A reservation by the United States of all

23 rights to the ground water in the East 300 feet of Sec24 tion 15, the East 300 feet of Section 22, Section 23,

25 and the West 300 feet of Section 24, and the right to
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1 remove, sell, transfer, or exchange the water to meet

2 the obligations of the Treaty of 1944 with the Repub3 lic of Mexico, and Minute Order No. 242 for the deliv4 ery of salinity controlled water to Mexico.

5 (5) A reservation of all rights-of-way and ease6 ments existing or of record in favor of the public or

7 third parties.

8 (6) A right-of-way reservation in favor of the

9 United States and its contractors, and the State of

10 Arizona, and its contractors, to utilize a 33-foot ease11 ment along all section lines to freely give ingress to,

12 passage over, and egress from areas in the exercise of

13 official duties of the United States and the State of

14 Arizona.

15 (7) Reservation of a right-of-way to the United

16 States for a 100-foot by 100-foot parcel for each of the

17 Reclamation monitoring wells, together with unre18 stricted ingress and egress to both sites. One moni19 toring well is located in Lot 1 of Section 23 just north

20 of the Boundary Reserve and just west of the Cattle

21 Crossing Facility, and the other is located in the

22 southeast corner of Lot 3 just north of the Boundary

23 Reserve.
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1 (8) An easement comprising a 50-foot strip lying

2 North of the 60-foot International Boundary Reserve

3 for drilling and operation of, and access to, wells.

(9) A reservation by the United States of 15 4 ⁄16 of

5 all gas, oil, metals, and mineral rights.

(10) A reservation of 1 6 ⁄16 of all gas, oil, metals,

7 and mineral rights retained by the State of Arizona.

8 (11) Such additional terms and conditions as the

9 Secretary considers appropriate to protect the inter10 ests of the United States.

11 (c) CONSIDERATION.—

12 (1) IN GENERAL.—As consideration for the con13 veyance under subsection (a), the Greater Yuma Port

14 Authority shall pay the United States consideration

15 equal to the fair market value on the date of the en16 actment of this Act of the interest conveyed.

17 (2) DETERMINATION.—For purposes of para18 graph (1), the fair market value of any interest in

19 land shall be determined taking into account that the

20 land is undeveloped, that 80 acres is intended to be

21 dedicated to use by the United States for Federal gov22 ernmental purposes, and that an additional substan23 tial portion of the land is dedicated to public right24 of-way, highway, and transportation purposes.
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1 (d) USE.—The Greater Yuma Port Authority and its

2 successors shall use the interests conveyed solely for the pur3 pose of the construction and operation of an international

4 port of entry and related activities.

5 (e) COMPLIANCE WITH LAWS.—Before the date of the

6 conveyance, actions required with respect to the conveyance

7 under the National Environmental Policy Act of 1969 (42

8 U.S.C. 4321 et seq.), the Endangered Species Act of 1973

9 (16 U.S.C. 1531 et seq.), the National Historic Preservation

10 Act (16 U.S.C. 470 et seq.), and other applicable Federal

11 laws must be completed at no cost to the United States.

12 (f) USE OF 60-FOOT BORDER STRIP.—Any use of the

13 60-foot border strip shall be made in coordination with Fed14 eral agencies having authority with respect to the 60-foot

15 border strip.

16 (g) DESCRIPTION OF PROPERTY.—The exact acreage

17 and legal description of property conveyed under this sec18 tion, and of any right-of-way that is subject to a right of

19 use conveyed pursuant to subsection (a)(2)(E), shall be de20 termined by a survey satisfactory to the Secretary. The cost

21 of the survey shall be borne by the Greater Yuma Port Au22 thority.

23 (h) DEFINITIONS.—

24 (1) 60-FOOT BORDER STRIP.—The term ‘‘60-foot

25 border strip’’ means lands in any of the Sections of
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1 land referred to in this Act located within 60 feet of

2 the international boundary between the United States

3 and Mexico.

4 (2) GREATER YUMA PORT AUTHORITY.—The

5 term ‘‘Greater Yuma Port Authority’’ means Trust

6 No. 84–184, Yuma Title & Trust Company, an Ari7 zona Corporation, a trust for the benefit of the

8 Cocopah Tribe, a Sovereign Nation, the County of

9 Yuma, Arizona, the City of Somerton, and the City

10 of San Luis, Arizona, or such other successor joint

11 powers agency or public purpose entity as unani12 mously designated by those governmental units.

13 (3) SECRETARY.—The term ‘‘Secretary’’ means

14 the Secretary of the Interior, acting through the Bu15 reau of Reclamation.

16 TITLE VIII—DICKINSON DAM

17 BASCULE GATES SETTLEMENT

18 SEC. 801. SHORT TITLE.

19 This title may be cited as the ‘‘Dickinson Dam Bascule

20 Gates Settlement Act of 2000’’.

21 SEC. 802. FINDINGS.

22 The Congress finds that—

23 (1) in 1980 and 1981, the Bureau of Reclama24 tion constructed the bascule gates on top of the Dick25 inson Dam on the Heart River, North Dakota, to pro-
26

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1 vide additional water supply in the reservoir known

2 as Patterson Lake for the city of Dickinson, North

3 Dakota, and for additional flood control and other

4 benefits;

5 (2) the gates had to be significantly modified in

6 1982 because of damage resulting from a large ice

7 block causing excessive pressure on the hydraulic sys8 tem, causing the system to fail;

9 (3) since 1991, the City has received its water

10 supply from the Southwest Water Authority, which

11 provides much higher quality water from the South12 west Pipeline Project;

13 (4) the City now receives almost no benefit from

14 the bascule gates because the City does not require the

15 additional water provided by the bascule gates for its

16 municipal water supply;

17 (5) the City has repaid more than $1,200,000 to

18 the United States for the construction of the bascule

19 gates, and has been working for several years to reach

20 an agreement with the Bureau of Reclamation to

21 alter its repayment contract;

22 (6) the City has a longstanding commitment to

23 improving the water quality and recreation value of

24 the reservoir and has been working with the United

25 States Geological Survey, the North Dakota Depart-
27

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1 ment of Game and Fish, and the North Dakota De2 partment of Health to improve water quality; and

3 (7) it is in the public interest to resolve this

4 issue by providing for a single payment to the United

5 States in lieu of the scheduled annual payments and

6 for the termination of any further repayment obliga7 tion.

8 SEC. 803. DEFINITIONS.

9 In this title:

10 (1) BASCULE GATES.—The term ‘‘bascule gates’’

11 means the structure constructed on the Dam to pro12 vide additional water storage capacity in the Lake.

13 (2) CITY.—The term ‘‘City’’ means the city of

14 Dickinson, North Dakota.

15 (3) DAM.—The term ‘‘Dam’’ means Dickinson

16 Dam on the Heart River, North Dakota.

17 (4) LAKE.—The term ‘‘Lake’’ means the reservoir

18 known as ‘‘Patterson Lake’’ in the State of North Da19 kota.

20 (5) SECRETARY.—The term ‘‘Secretary’’ means

21 the Secretary of the Interior, acting through the Com22 missioner of the Bureau of Reclamation.

23 SEC. 804. FORGIVENESS OF DEBT.

24 (a) IN GENERAL.—The Secretary shall accept a 1-time

25 payment of $300,000 in lieu of the existing repayment obli-
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1 gations of the City under the Bureau of Reclamation Con2 tract No. 9–07–60W0384, dated December 19, 1988, toward

3 which amount any payments made by the City to the Sec4 retary on or after June 2, 1998, shall be credited.

5 (b) OWNERSHIP.—Title to the Dam and bascule gates

6 shall remain with the United States.

7 (c) COSTS.—(1) The Secretary shall enter into an

8 agreement with the City to allocate responsibilities for oper9 ation and maintenance costs of the bascule gates as pro10 vided in this subsection.

11 (2) The City shall be responsible for operation and

12 maintenance costs of the bascule gates, up to a maximum

13 annual cost of $15,000. The Secretary shall be responsible

14 for all other costs.

15 (d) WATER SERVICE CONTRACTS.—The Secretary may

16 enter into appropriate water service contracts if the City

17 or any other person or entity seeks to use water from the

18 Lake for municipal water supply or other purposes.

Amend the title so as to read ‘‘An Act to direct the

Secretary of the Interior to conduct a study on the reclamation and reuse of water and wastewater in the State

of Hawaii, and for other purposes.’’.

Attest:

Clerk.
106TH CONGRESS

2D SESSION S. 1694

AMENDMENTS