I
105TH CONGRESS
1ST SESSION
H. R. 3012
To amend Public Law 89–108 to increase authorization levels for State
and Indian tribal, municipal, rural, and industrial water supplies, to
meet current and future water quantity and quality needs of the Red
River Valley, to deauthorize certain project features and irrigation service
areas, to enhance natural resources and fish and wildlife habitat, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 9, 1997
Mr. POMEROY introduced the following bill; which was referred to the
Committee on Resources
A BILL
To amend Public Law 89–108 to increase authorization lev-
els 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 Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Dakota Water Re-
sources Act of 1997’’.
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 ‘‘provid-
ing irrigation for 130,940 acres of land’’ and
inserting ‘‘providing for the development of mu-
nicipal, rural, and industrial water systems,
ground water recharge, augmented stream
flows, irrigation, and enhanced fish and wildlife
habitat and other natural resources’’;
(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 conserva-
tion’’ and inserting ‘‘fish, wildlife, and other
natural resource conservation’’;
SEC. 3. FISH AND WILDLIFE.
Section 2 of Public Law 89–108 (79 Stat. 433; 100
Stat. 419) is amended—
(1) in subsection (c)—
(A) in paragraph (1)—
(i) by striking ‘‘(1) If, before com-
mencement of construction of the unit,
non-Federal public bodies agree’’ and in-
serting ‘‘If non-Federal public bodies con-
tinue to agree’’; and
(ii) by inserting ‘‘and the State of
North Dakota’’ after ‘‘the Secretary’’; and
(B) by striking paragraph (2);
(2) in subsection (d), by striking ‘‘: Provided,
That’’ and all that follows through ‘‘years’’;
(3) in subsection (e)—
(A) by redesignating paragraphs (1) and
(2) as paragraphs (2) and (3), respectively;
(B) by inserting ‘‘(1)’’ after ‘‘(e)’’;
(C) in the first sentence of paragraph (2)
(as redesignated by subparagraph (A)), by
striking ‘‘within ten years after initial unit op-
eration’’; 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)
of this subsection’’; and
(4) in subsection (j)—
(A) by striking paragraph (1); and
(B) by redesignating paragraphs (2) and
(3) as paragraphs (1) and (2), respectively.
SEC. 4. 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 fol-
lowing:
‘‘SEC. 5. IRRIGATION FACILITIES.
‘‘(a) In addition to the existing 5,000-acre Oakes
Test Area, the Secretary is authorized to develop irriga-
tion in the following project service areas: Turtle Lake
(13,700 acres) and McClusky Canal (10,000 acres). The
Secretary may also develop 1,200 acres of irrigation in the
New Rockford Canal Service Area provided that the Sec-
retary also implements user fees for full reimbursement.
The Secretary is prohibited from developing irrigation in
these areas in excess of the acreage specified herein, ex-
cept that the Secretary is authorized and directed to de-
velop up to 28,000 acres of irrigation in other areas of
North Dakota (such as Nesson Valley and Horsehead
Flats areas), not located in the Hudson Bay, Devils Lake,
or James River drainage basins.’’;
(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)’’; and
(4) in the first sentence of subsection (c) (as re-
designated 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,’’.
SEC. 5. 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 pro-
visions of’’ and inserting ‘‘Pursuant to the pro-
visions of’’; and
(B) by striking ‘‘revenues,’’ and all that
follows and inserting ‘‘revenues.’’; and
(2) in subsection (c)—
(A) in the first sentence, by striking ‘‘any
reallocation’’ and all that follows and inserting
‘‘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.’’; and
(B) by adding at the end the following:
‘‘Nothing in this Act shall alter or affect in any
way the current repayment methodology for
other features of the Pick-Sloan Missouri Basin
Program.’’.
SEC. 6. MUNICIPAL, RURAL, AND INDUSTRIAL WATER SERV-
ICE.
Section 7 of Public Law 89–108 (100 Stat. 422) is
amended—
(1) in subsection (a)—
(A) in paragraph (3)—
(i) in the second sentence—
(I) by striking ‘‘The non-Federal
share’’ and inserting ‘‘Unless other-
wise provided in this Act, the non-
Federal share’’; and
(II) by striking ‘‘this section
shall be 25 percent’’ and inserting
‘‘this section and section 8(a) shall be
15 percent’’;
(ii) by inserting after the second sen-
tence the following: ‘‘The State may use
the Federal and non-Federal funds to pro-
vide grants or loans for municipal, rural,
and industrial water systems. The State
may continue to use funds from repaid
loans for municipal, rural, and industrial
water systems.’’; and
(iii) by striking the last sentence and
inserting the following: ‘‘The Southwest
Pipeline Project, the Northwest Area
Water Supply Project, the Red River Val-
ley Water Supply Project, and other mu-
nicipal, industrial, and rural water systems
in the State of North Dakota shall be eligi-
ble for funding under this section.’’; and
(B) by adding at the end the following:
‘‘(4) PROJECT FEATURES FOR RED RIVER VAL-
LEY WATER NEEDS.—
‘‘(A) REPORT
ON
RED
RIVER
VALLEY
WATER NEEDS AND DELIVERY OPTIONS.—Not
needs, including the delivery of Missouri River
water to the Red River Valley.
‘‘(C) PROCESS FOR SELECTION.—After re-
viewing the final report required by section
7(a)(4)(A) and complying with the require-
ments of section 7(a)(4)(B), and after consulta-
tion with the Secretary of the Interior, the Sec-
retary of State, and other interested parties,
the State of North Dakota in coordination with
affected local communities shall select 1 or
more project features described in section
8(a)(1) that will meet the comprehensive water
quality and quantity needs of the Red River
Valley. The Secretary is authorized and directed
to enter into, within 180 days after the record
of decision has been executed, agreements in ac-
cordance with sections 1(g) and 7(a) to con-
struct the feature or features selected by the
State.
‘‘(D) WATER CONSERVATION PROGRAM.—
Funds provided in section 10(b)(1) and funds
provided in section 10(b)(2) to carry out section
8(a) may be used by the State to develop and
implement a water conservation program. The
Secretary and State shall jointly establish water
conservation goals to meet the purposes of the
State’s 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
established in section 7(a)(3) shall be reduced
by 0.5 percent.’’.
(2) in subsection (b)—
(A) in the first sentence, by striking the
period at the end and inserting ‘‘or such other
feature or features as may be selected under
subsection (a)(4)(C).’’;
(B) in the second sentence, by striking
‘‘conveyance’’ and inserting ‘‘a project feature
selected under subsection (a)(4)(C)’’; and
(C) by adding at the end the following: ‘‘In
addition, the costs of construction, operation,
maintenance, and replacement of Northwest
Area Water Supply Project water treatment fa-
cilities deemed attributable to meeting the re-
quirements of the Boundary Waters Treaty of
1909 shall also be nonreimbursable.’’.
(3) in subsection (c), by striking ‘‘and Fort
Totten Indian Reservations’’ and inserting ‘‘Turtle
Mountain (including the Trenton Indian Service
Area), and Fort Totten Indian Reservations and ad-
jacent areas’’; and
(4) by adding at the end the following:
‘‘(e) NONREIMBURSABILITY
OF COSTS.—With re-
spect 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 1997 shall be nonreimbursable.’’.
SEC. 7. SPECIFIC FEATURES.
(a) IN GENERAL.—Section 8 of Public Law 89–108
(100 Stat. 423) is amended by striking ‘‘SEC. 8.’’ and all
that follows through subsection (a) and inserting the fol-
lowing:
‘‘SEC. 8. SPECIFIC FEATURES.
‘‘(a) AUTHORIZATION.—
‘‘(1) IN GENERAL.—The Secretary is authorized
and directed to construct a feature or features to de-
liver Missouri River water to the Sheyenne River
water supply and release facility or such other fea-
ture or features as are selected under section
7(a)(4)(C). The feature shall be designed and con-
structed to meet only the water delivery require-
ments of the irrigation areas, municipal, rural, and
industrial water supply needs, ground water re-
charge, and streamflow augmentation (as described
in section 7(a)(4)(A)) authorized in this Act. The
feature shall be located, constructed, and operated
so that, in the opinion of the Secretaries of the Inte-
rior and State, no violation of the Boundary Waters
Treaty of 1909 would result. The Secretary may not
commence construction on the feature until a master
repayment contract consistent with the provisions of
this Act between the Secretary and the appropriate
non-Federal entity has been executed.
‘‘(2) 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 a
wildlife conservation area.
‘‘(3) The Secretary is authorized and directed
to enter into an agreement with the State of North
Dakota providing for the operation and maintenance
of the Lonetree wildlife conservation area, the costs
of which shall be paid by the Secretary.’’
(b) TAAYER RESERVOIR.—Section 8(b) of Public
Law 89–108 (100 Stat. 423) is amended in the second
sentence—
(1) by inserting ‘‘acting through the Commis-
sioner of the Bureau of Reclamation’’ after ‘‘Sec-
retary’’; and
(2) by inserting ‘‘, including acquisition through
donation or exchange,’’ after ‘‘acquire’’.
SEC. 8. EXCESS CROPS.
Section 9 of Public Law 89–108 (100 Stat. 423) is
amended by adding at the end the following: ‘‘Upon trans-
fer of the Oakes Test Area to the State of North Dakota,
but not later than 1 year after enactment of the Dakota
Water Resources Act of 1997, Federal funds authorized
by this Act may not be used to subsidize the irrigation
of any crop at the Oakes Test Area.’’.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
Section 10 of Public Law 89–108 (100 Stat. 424;
106 Stat. 4669, 4739) is amended—
(1) in subsection (a)—
(A) in the first sentence of paragraph (1),
by striking ‘‘$270,395,000 for carrying out the
provisions of section 5(a) through section 5(c)
and section 8(a)(1) of this Act’’ and inserting
‘‘to carry out section 5(a) $84,200,000’’; and
(B) in the first sentence of paragraph (2),
by striking ‘‘5(e) of this Act’’ and inserting
‘‘5(c)’’;
(2) in subsection (b)—
(A) in paragraph (1), by inserting after
the first sentence the following: ‘‘In addition to
the amount authorized under the preceding sen-
tence, there is authorized to be appropriated
$300,000,000 to carry out section 7(a).’’; and
(B) in paragraph (2), by inserting after
the first sentence the following: ‘‘In addition to
the amount authorized under the preceding sen-
tence, there are authorized to be appropriated
$200,000,000 to carry out section 7(c), to be
allocated as follows: $30,000,000 to the Fort
Totten Indian Reservation, $70,000,000 to the
Fort Berthold Indian Reservation, $80,000,000
to the Standing Rock Indian Reservation, and
$20,000,000 to the Turtle Mountain Indian
Reservation. Also, in addition to the amount
authorized under the first sentence of this sub-
section, there are authorized to be appropriated
$200,000,000 to carry out section 8(a).’’;
(3) in subsection (c)—
(A) by striking the second sentence and in-
serting the following: ‘‘In addition to the
amount authorized under the preceding sen-
tence, there are authorized to be appropriated
and 
industrial 
water 
features’’ 
and 
inserting
‘‘amounts under subsection (b)’’; and
(5) by adding at the end the following:
‘‘(f) FOUR BEARS BRIDGE.—There is authorized to
be appropriated, for demolition of the existing structure
and construction of the Four Bears Bridge across Lake
Sakakawea within the Fort Berthold Indian Reservation,
$40,000,000.’’.
SEC. 10. NATURAL RESOURCES TRUST.
Section 11 of Public Law 89–108 (100 Stat. 424)
is amended—
(1) in subsection (a)—
(A) by striking ‘‘Wetlands’’ and inserting
‘‘Natural Resources’’;
(B) by striking ‘‘The amount of each such
annual contribution shall be as follows:’’;
(C) by striking paragraphs (1), (2), and
(3);
(D) by redesignating paragraph (4) as
paragraph (1); and
(E) by inserting after paragraph (1) (as
redesignated by subparagraph (D)) the follow-
ing:
‘‘(2) ADDITIONAL FEDERAL CONTRIBUTION.—
In addition to the amounts authorized in the preced-
ing subsection, the total amount of the Federal con-
tribution pursuant to this Act is increased by
$25,000,000.
‘‘(A) The amount of each annual Federal
contribution authorized by this subsection shall
be 5 percent of the total amount appropriated
under section 10(b)(1) and under section
10(b)(2) to carry out section 8(a) of this Act.
‘‘(B) The sums appropriated under section
11(a)(2)(A) shall not exceed $10,000,000, sub-
ject to the provisions of section 11(a)(2)(C).
‘‘(C) The remaining $15,000,000 may not
be appropriated until the features authorized by
section 8(a) are operational and meeting the ob-
jectives of that section as determined jointly by
the Secretary and the State.’’;
(2) in subsection (b), by striking ‘‘Wetlands
Trust’’ and inserting ‘‘Natural Resources Trust’’;
and
(3) in subsection (c)—
(A) by striking ‘‘Wetland Trust’’ and in-
serting ‘‘Natural Resources Trust’’;
(B) by striking ‘‘are met’’ and inserting
‘‘is met’’;
(C) in paragraph (1), by inserting ‘‘, grass-
land 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 con-
servation practices by landowners.’’.
SEC. 11. BANK STABILIZATION.
The Secretary of the Interior shall cause to be per-
formed a review of the options for stabilization of the
banks of the Missouri River downstream of the Garrison
Dam in the State of North Dakota.
Æ