(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 up-
lands 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 fea-
ture, the costs of which shall be paid by the Sec-
retary. If the features selected under section 8 in-
clude a buried pipeline and appurtenances between
the McClusky Canal and New Rockford Canal, the
use of the wildlife conservation area and Sheyenne
Lake National Wildlife Refuge for such route is
hereby authorized.’’.
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 fea-
ture 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 fol-
lowing:
‘‘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 Re-
sources Act of 1999, the Secretary may develop irri-
gation 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 reim-
bursed without aid to irrigation from the Pick-
Sloan Missouri Basin Program, the New Rock-
ford 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 Sec-
retary 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 irriga-
tion in other areas of North Dakota (such as the
Elk/Charbonneau, Mon-Dak, Nesson Valley, Horse-
head Flats, and Oliver-Mercer areas) that are not lo-
cated 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 au-
thorized units of the Pick-Sloan Missouri Basin Pro-
gram and eligible to receive project pumping power.
‘‘(5) PRINCIPLE
SUPPLY
WORKS.—The Sec-
retary shall complete and maintain the principle sup-
ply works as identified in the 1984 Garrison Diver-
sion Unit Commission Final Report dated December
20, 1984 as modified by the Dakota Water Re-
sources Act of 1999.’’;
(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 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,’’; and
(5) by adding at the end the following:
‘‘(e) IRRIGATION REPORT TO CONGRESS.—
‘‘(1) IN GENERAL.—The Secretary shall inves-
tigate and prepare a detailed report on the undesig-
nated 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 find-
ing on the 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 irri-
gation 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 accord-
ance 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 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) by striking subsection (c) and inserting the
following:
‘‘(c) NO INCREASE IN RATES OR AFFECT ON REPAY-
MENT METHODOLOGY.—In accordance with the last sen-
tence 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 Re-
sources Act of 1999 alters or affects in any way the repay-
ment 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 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
shall use the proceeds of repaid loans for
municipal, rural, and industrial water sys-
tems.’’; and
(iv) 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 the terms of this sec-
tion. 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 sub-
sections (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 pur-
poses 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 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 1999 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 (in-
cluding the Trenton Indian Service Area), and Fort
Totten Indian Reservations and adjacent areas.’’.
SEC. 8. SPECIFIC FEATURES.
(a) 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.—The Secretary shall con-
struct a feature or features to deliver Missouri River
water to the Sheyenne River water supply and re-
lease facility or such other feature or features as are
selected under subsection (d).
‘‘(2) DESIGN
AND
CONSTRUCTION.—The fea-
ture shall be designed and constructed to meet only
the water delivery requirements of the irrigation
areas, municipal, rural, and industrial water supply
needs, ground water recharge, and streamflow aug-
mentation (as described in subsection (b)(2)) author-
ized by this Act.
‘‘(3) COMMENCEMENT
OF
CONSTRUCTION.—
The Secretary may not commence construction on
the feature until a master repayment contract or
water service agreement consistent with this Act be-
tween the Secretary and the appropriate non-Fed-
eral entity has been executed.
‘‘(b) REPORT ON RED RIVER VALLEY WATER NEEDS
AND DELIVERY OPTIONS.—
‘‘(1) IN GENERAL.—Pursuant to section 1(g),
not later than 90 days after the date of enactment
of the Dakota Water Resources Act of 1999, the
Secretary and the State of North Dakota shall joint-
ly submit to Congress a report on the comprehensive
water quality and quantity needs of the Red River
Valley and the options for meeting those needs, in-
cluding the delivery of Missouri River water to the
Red River Valley.
‘‘(2) NEEDS.—The needs addressed in the re-
port shall include such needs as—
‘‘(A) augmenting streamflows;
‘‘(B) groundwater recharge; and
‘‘(C) enhancing—
‘‘(i) municipal, rural, and industrial
water supplies;
‘‘(ii) water quality;
‘‘(iii) aquatic environment; and
‘‘(iv) recreation.
‘‘(3) STUDIES.—Existing and ongoing studies
by the Bureau of Reclamation on Red River Water
Supply needs and options shall be deemed to meet
the requirements of this section.
‘‘(c) ENVIRONMENTAL IMPACT STATEMENTS.—
‘‘(1) DRAFT.—
‘‘(A) DEADLINE.—Pursuant to an agree-
ment between the Secretary and the State of
North Dakota as authorized under section 1(g),
not later than 1 year after the date of enact-
ment of the Dakota Water Resources Act of
1999, the Secretary and the State of North Da-
kota shall jointly prepare and complete a draft
environmental impact statement concerning all
feasible options to meet the comprehensive