I
106TH CONGRESS
1ST SESSION
H. R. 1137
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
MARCH 16, 1999
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 1999’’.
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 ‘‘feder-
ally-assisted water resource development project
providing irrigation for 130,940 acres of land’’
and inserting ‘‘multipurpose federally assisted
water resource project providing irrigation, mu-
nicipal, rural, and industrial water systems,
fish, wildlife, and other natural resource con-
servation 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 conserva-
tion’’ 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 Da-
kota Water Resources Act of 1999)’’ 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 in-
serting the following:
‘‘(f) COSTS.—
‘‘(1) 
ESTIMATE.—The 
Secretary 
shall
estimate—
‘‘(A) the actual construction costs of the
facilities (including mitigation facilities) in ex-
istence as of the date of enactment of the Da-
kota Water Resources Act of 1999; 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 pe-
riod 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.—
The Secretary shall be responsible for the costs of
operation and maintenance of the proportionate
share attributable to the capacity of the facilities
(including mitigation facilities) that remain unused.
‘‘(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 com-
pleted 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.—Water systems constructed under this
Act may deliver Missouri River water into the Hud-
son Bay basin only after the Secretary, in consulta-
tion with the Secretary of State and the Adminis-
trator of the Environmental Protection Agency, de-
termines that adequate treatment has been provided
to meet the requirements of the Treaty Between the
United States and Great Britain relating to Bound-
ary Waters Between the United States and Canada,
signed at Washington January 11, 1909 (36 Stat.
2448; TS 548) (commonly known as the ‘Boundary
Waters Treaty of 1909’).
‘‘(2) COSTS.—All costs of construction, oper-
ation, maintenance, and replacement of water treat-
ment and related facilities authorized by this Act
and attributable to meeting the requirements of the
treaty referred to in paragraph (1) shall be non-
reimbursable.’’.
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 wild-
life enhancement costs incurred in connection with water-
fowl refuges, waterfowl production areas, and wildlife con-
servation areas proposed for Federal or State administra-
tion shall be nonreimbursable.
‘‘(c) RECREATION AREAS.—
‘‘(1) COSTS.—If non-Federal public bodies con-
tinue 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 al-
located to recreation and attributable to those areas
and all the costs of operation, maintenance, and re-
placement incurred in connection therewith, the re-
mainder 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 co-
ordination with the State of North Dakota.
‘‘(d) NON-FEDERAL SHARE.—The non-Federal share
of the separable capital costs of the unit allocated to recre-
ation 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 admin-
ister for recreation and fish and wild-
life enhancement’’ and inserting ‘‘to
administer for recreation’’; and
(II) by striking ‘‘which are not
included within Federal waterfowl ref-
uges 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)—