Hawaii Water Resources Act of 2000
PL 106-566 (S.1694), enacted 12/23/2000

114 STAT. 2818 
PUBLIC LAW 106-566—DEC. 23, 2000 
Public Law 106-566 
106th Congress 
An Act 
Dec. 23, 2000 
To direct the Secretary of the Interior to conduct a study on the reclamation 
[S. 1694] 
^^^ reuse of water and wastewater in the State of Hawaii, and for other purposes. 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled, 
Hawaii Water 
Resources Act of 
2000. 
TITLE I—HAWAII WATER RESOURCES 
STUDY 
43 u s e 390h 
SEC. 101. SHORT TITLE. 
This title may be cited as the "Hawaii Water Resources Act 
of 2000". 
SEC. 102. DEFINITIONS. 
In this title: 
(1) SECRETARY.—The term "Secretary" means the Secretary 
of the Interior. 
(2) STATE.—The term "State" means the State of Hawaii. 
SEC. 103. HAWAII WATER RESOURCES STUDY. 
(a) IN GENERAL.—The Secretary, acting through the Commis-
sioner of Reclamation and in accordance with the provisions of 
this title and existing legislative authorities as may be pertinent 
to the provisions of this title, including: The Act of August 23, 
1954 (68 Stat. 773, chapter 838), authorizing the Secretary to inves-
tigate the use of irrigation and reclamation resource needs for 
areas of the islands of Oahu, Hawaii, and Molokai in the State 
of Hawaii; section 31 of the Hawaii Omnibus Act (43 U.S.C. 4221) 
authorizing the Secretary to develop reclamation projects in the 
State under the Act of August 6, 1956 (70 Stat. 1044, chapter 
972; 42 U.S.C. 422a et seq.) (commonly known as the "Small Rec-
lamation Projects Act"); and the amendment made by section 207 
of the Hawaiian Home Lands Recovery Act (109 Stat. 364; 25 
U.S.C. 386a) authorizing the Secretary to assess charges against 
Native Hawaiians for reclamation cost recovery in the same manner 
as charges are assessed against Indians or Indian tribes; is author-
ized and directed to conduct a study that includes— 
(1) a survey of the irrigation and other agricultural water 
delivery systems in the State; 
(2) an estimation of the cost of repair and rehabilitation 
of the irrigation and other agricultural water delivery systems; 
(3) an evaluation of options and alternatives for future 
use of the irrigation and other agricultural water delivery sys-
tems (including alternatives that would improve the use and 
PUBLIC LAW 106-566—DEC. 23, 2000 
114 STAT. 2819 
conservation of water resources and would contribute to agricul-
tural diversification, economic development, and improvements 
to environmental quality); and 
(4) the identification and investigation of opportunities for 
recycling, reclamation, and reuse of water and wastewater for 
agricultural and nonagricultural purposes. 
(b) REPORTS.— 
(1) IN GENERAL.—^Not later than 2 years after appropriation Deadline. 
of funds authorized by this title, the Secretary shall submit 
a report that describes the findings and recommendations of 
the study described in subsection (a) to— 
(A) the Committee on Energy and Natural Resources 
of the Senate; and 
(B) the Committee on Resources of the House of Rep-
resentatives. 
(2) ADDITIONAL REPORTS.—^The Secretary shall submit to 
the committees described in paragraph (1) any additional 
reports concerning the study described in subsection (a) that 
the Secretary considers to be necessary. 
(c) COST SHARING.—Costs of conducting the study and preparing 
the reports described in subsections (a) and (b) of this section 
shall be shared between the Secretary and the State. The Federal 
share of the costs of the study and reports shall not exceed 50 
percent of the total cost, and shall be nonreimbursable. The Sec-
retary shall enter into a written agreement with the State, 
describing the arrangements for payment of the non-Federal share. 
(d) USE OF OUTSIDE CONTRACTORS.—^The Secretary is author-
ized to employ the services and expertise of the State and/or the 
services and expertise of a private consultant employed under con-
tract with the State to conduct the study and prepare the reports 
described in this section if the State requests such an arrangement 
and if it can be demonstrated to the satisfaction of the Secretary 
that such an arrangement will result in the satisfactory completion 
of the work authorized by this section in a timely manner and 
at a reduced cost. 
(e) AUTHORIZATION OF APPROPRIATIONS.—^There are authorized 
to be appropriated $300,000 for the Federal share of the activities 
authorized under this title. 
SEC. 
1
0
4
. 
WATER 
RECLAMATION 
AND 
REUSE. 
(a) Section 1602(b) of the Reclamation Wastewater and Groimd-
water Study and Facilities Act (43 U.S.C. 390h(b)) is amended 
by inserting before the period at the end the following: ", and 
the State of Hawaii". 
(b) The Secretary is authorized to use the authorities available 
pursuant to section 1602(b) of the Reclamation Wastewater and 
Groimdwater Study and Facilities Act (43 U.S.C. 390h(b)) to conduct 
the relevant portion of the study and preparation of the reports 
authorized by this title if the use of such authorities is found 
by the Secretary to be appropriate and cost-effective, and provided 
that the total Federal share of costs for the study and reports 
does not exceed the amount authorized in section 103. 
114 STAT. 2820 
PUBLIC LAW 106-566—DEC. 23, 2000 
TITLE II—DROUGHT RELIEF 
SEC. 201. DROUGHT RELIEF. 
(a) RELIEF FOR HAWAII.—Section 104 of the Reclamation States 
Emergency Drought Relief Act of 1991 (43 U.S.C. 2214) is 
amended— 
(1) in subsection (a), by inserting after "Reclamation State" 
the following: "and in the State of Hawaii"; and 
(2) in subsection (c), by striking "ten years after the date 
of enactment of this Act" and inserting "on September 30, 
2005". 
(b) ASSISTANCE FOR DROUGHT-RELATED PLANNING IN RECLAMA-
TION STATES.—Such Act is further amended by adding at the end 
of title I the following: 
43 use 2215. 
"SEC. 105. ASSISTANCE FOR DROUGHT-RELATED PLANNING IN REC-
LAMATION STATES. 
"(a) IN GENERAL.—The Secretary may provide financial assist-
ance in the form of cooperative agreements in States that are 
eligible to receive drought assistance under this title to promote 
the development of drought contingency plans under title IL 
Deadline. 
"(b) REPORT.—Not later than one year after the date of the 
enactment of the Hawaii Water Resources Act of 2000, the Secretary 
shall submit to the Congress a report and recommendations on 
the advisability of providing financial assistance for the develop-
ment of drought contingency plans in all entities that are eligible 
to receive assistance under title IL". 
California 
TITLE III—CITY OF ROSEVILLE 
PUMPING PLANT FACILITIES 
SEC. 301. CITY OF ROSEVILLE PUMPING PLANT FACILITIES: CREDIT 
FOR INSTALLATION OF ADDITIONAL PUMPING PLANT 
FACILITIES IN ACCORDANCE WITH AGREEMENT. 
(a) IN GENERAL.—The Secretary shall credit an amount up 
to $1,164,600, the precise amount to be determined by the Secretary 
through a cost allocation, to the unpaid capital obligation of the 
City of Roseville, California (in this section referred to as the 
"City"), as such obligation is calculated in accordance with 
applicable Federal reclamation law and Central Valley Project rate 
setting policy, in recognition of future benefits to be accrued by 
the United States as a result of the Citj^s purchase and funding 
of the installation of additional pumping plant facilities in accord-
ance with a letter of agreement with the United States numbered 
5-07-20-X0331 and dated January 26, 1995. The Secretary shall 
simultaneously add an equivalent amount of costs to the capital 
costs of the Central Valley Project, and such added costs shall 
be reimbursed in accordance with reclamation law and policy. 
(b) EFFECTIVE DATE.—^The credit under subsection (a) shgdl 
take effect upon the date on which— 
(1) the City and the Secretary have agreed that the installa-
tion of the facilities referred to in subsection (a) has been 
completed in accordance with the terms and conditions of the 
letter of agreement referred to in subsection (a); and 
PUBLIC LAW 106-566—DEC. 23, 2000 
114 STAT. 2821 
(2) the Secretary has issued a determination that such 
facihties are fully operative as intended. 
TITLE IV—CLEAR CREEK DISTRIBUTION 
SYSTEM CONVEYANCE 
SEC. 401. SHORT TITLE. 
This title may be cited as the "Clear Creek Distribution System 
Conveyance Act". 
SEC. 402. DEFINITIONS. 
For purposes of this title: 
(1) SECRETARY.—The term "Secretary" means the Secretary 
of the Interior. 
(2) DISTRICT.—^The term "District" means the Clear Creek 
Community Services District, a California community services 
district located in Shasta County, California. 
(3) AGREEMENT.—^The term "Agreement" means Agreement 
No. 8-07-2a-L6975 entitled "Agreement Between the United 
States and the Clear Creek Community Services District to 
Transfer Title to the Clear Creek Distribution System to the 
Clear Creek Community Services District". 
(4) DISTRIBUTION SYSTEM.—^The term "Distribution System" 
means all the right, title, and interest in and to the Clear 
Creek distribution system as defined in the Agreement. 
SEC. 403. CONVEYANCE OF DISTTIIBUTION SYSTEM. 
In consideration of the District accepting the obligations of 
the Federal Government for the Distribution System, the Secretary 
shall convey the Distribution System to the District pursuant to 
the terms and conditions set forth in the Agreement. 
SEC. 404. RELATIONSHIP TO EXISTING OPERATIONS. 
Nothing in this title shall be construed to authorize the District 
to construct any new facilities or to expand or otherwise change 
the use or operation of the Distribution System from its authorized 
purposes based upon historic and current use and operation. Effec-
tive upon transfer, if the District proposes to alter the use or 
operation of the Distribution System, then the District shall comply 
with all applicable laws and regulations governing such changes 
at that time. 
SEC. 405. RELATIONSHIP TO CERTAIN CONTRACT OBLIGATIONS. 
Conveyance of the Distribution System under this title— 
(1) shall not affect £iny of the provisions of the District's 
existing water service contract with the United States (contract 
number 14r-06-200-489-IR3), as it may be amended or supple-
mented; and 
(2) shall not deprive the District of any existing contractual 
or statutory entitlement to subsequent interim renewals of 
such contract or to renewal by entering into a long-term water 
service contract. 
SEC. 406. LIABILITY. 
Effective on the date of conveyance of the Distribution System 
under this title, the United States shall not be liable under any 
law for damages of any kind arising out of any act, omission, 
Clear Creek 
Distribution 
System 
Conveyance Act. 
California. 
114 STAT. 2822 
PUBLIC LAW 106-566—DEC. 23, 2000 
or occurrence based on its prior ownership or operation of the 
conveyed property. 
Sugar Pine Daxn 
TITLE V—SUGAR PINE DAM AND 
conv^yanTict. 
RESERVOIR CONVEYANCE 
California. 
SEC. 501. SHORT TITLE. 
This title may be cited as the "Sugar Pine Dam and Reservoir 
Conveyance Act". 
SEC. 502. DEFINITIONS. 
In this title: 
(1) BUREAU.—^The term "Bureau" means the Bureau of 
Reclamation. 
(2) DISTRICT.—^The term "District" means the Foresthill 
Public Utility District, a political subdivision of the State of 
California. 
(3) PROJECT.—^The term "Project" means the improvements 
(and associated interests) authorized in the Foresthill Divide 
Subunit of the Aubum-Folsom South Unit, Central Valley 
Project, consisting of— 
(A) Sugar Pine Dam; 
(B) the right to impound waters behind the dam; 
(C) the associated conveyance system, holding res-
ervoir, and treatment plant; 
(D) water rights; 
(E) rights of the Bureau described in the agreement 
of June 11, 1985, with the Supervisor of Tahoe National 
Forest, California; and 
(F) other associated interests owned and held by the 
United States and authorized as part of the Aubum-Folsom 
South Unit under Public Law 89-161 (79 Stat. 615). 
(4) SECRETARY.—The term "Secretary" means the Secretary 
of the Interior. 
(5) WATER SERVICES CONTRACT.—^The term "Water Services 
Contract" means Water Services Contract #14-06-200-3684A, 
dated February 13, 1978, between the District and the United 
States. 
SEC. 503. CONVEYANCE 
OF 
THE 
PROJECT. 
(a) IN GENERAL.—As soon as practicable after date of the enact-
ment of this Act and in accordance with all applicable law, the 
Secretary shall convey all right, title, and interest in and to the 
Project to the District. 
(b) SALE PRICE.—^Except as provided in subsection (c), on pay-
ment by the District to the Secretary of $2,772,221— 
(1) the District shall be relieved of all pajonent obligations 
relating to the Project; and 
(2) all debt under the Water Services Contract shall be 
extinguished. 
(c) MITIGATION AND RESTORATION PAYMENTS.—^The District 
shall continue to be obligated to make payments under section 
3407(c) of the Central Valley Project Improvement Act (106 Stat. 
4726) through 2029. 
PUBLIC LAW 106-566—DEC. 23, 2000 
114 STAT. 2823 
SEC. 504. RELATIONSHIP TO EXISTING OPERATIONS. 
(a) IN GENERAL.—^Nothing in this title significantly expands 
or otherwise affects the use or operation of the Project from its 
current use and operation. 
(b) RIGHT TO OCCUPY AND FLOOD.—On the date of the convey-
ance under section 503, the Chief of the Forest Service shall grant 
the District the right to occupy and flood portions of land in Tahoe 
National Forest, subject to the terms and conditions stated in 
an agreement between the District and the Supervisor of the Tahoe 
.National Forest. 
(c) CHANGES IN USE OR OPERATION.—If the District changes Regulations, 
the use or operation of the Project, the District shall comply with 
all applicable laws (including regulations) governing the change 
at the time of the change. 
SEC. 505. FUTURE BENEFITS. 
On payment of the amount under section 503(b)— 
(1) the Project shall no longer be a Federal reclamation 
project or a unit of the Central Valley Project; and 
(2) the District shall not be entitled to receive any further 
reclamation benefits. 
SEC. 506. LIABILITY. 
Except as otherwise provided by law, effective on the date 
of conveyance under section 503, the United States shall not be 
liable for damages of any kind arising out of any act, omission, 
or occurrence based on its prior ownership or operation of the 
Project. 
SEC. 507. COSTS. 
To the extent that costs associated with the Project are included 
as a reimbursable cost of the Central Valley Project, the Secretary 
is directed to exclude all costs in excess of the amount of costs 
repaid by the District from the pooled reimbursable costs of the 
Central Valley Project until such time as the Project has been 
operationally integrated into the water supply of the Central Valley 
Project. Such excess costs may not be included into the pooled 
reimbursable costs of the Central Valley Project in the future unless 
a court of competent jurisdiction determines that operation integra-
tion is not a prerequisite to the inclusion of such costs pursuant 
to Public Law 89-161. 
TITLE VI—COLUSA BASIN WATERSHED c
o
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B
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s
i
n 
INTEGRATED 
RESOURCES 
MANAGE- M
e
^
a
S
d 
JVLJCi^ L 
Management Act. 
California. 
SEC. 601. SHORT TITLE. 
This title may be cited as the "Colusa Basin Watershed 
Integrated Resources Management Act". 
SEC. 602. AUTHORIZATION OF ASSISTANCE. 
The Secretary of the Interior (in this title referred to as the 
"Secretary), acting within existing budgetary authority, may pro-
vide financial assistance to the Colusa Basin Drainage District, 
California (in this title referred to as the "District"), for use by 
the District or by local agencies acting pursuant to section 413 
114 STAT. 2824 
PUBLIC LAW 106-566—DEC. 23, 2000 
of the State of California statute known as the Colusa Basin Drain-
age Act (California Stats. 1987, ch. 1399) as in effect on the date 
of the enactment of this Act (in this title referred to as the "State 
statute"), for planning, design, environmental compliance, and 
construction required in carrying out eligible projects in the Colusa 
Basin Watershed to— 
(1)(A) reduce the risk of damage to urban and agricultural 
areas from flooding or the discharge of drainage water or 
tailwater; 
(B) assist in groundwater recharge efforts to alleviate over-
draft and land subsidence; or 
(C) construct, restore, or preserve wetland and riparian 
habitat; and 
(2) capture, as an incidental purpose of any of the purposes 
referred to in paragraph (1), surface or stormwater for conserva-
tion, conjunctive use, and increased water supplies. 
SEC. 603. PROJECT SELECTION. 
(a) ELIGIBLE PROJECTS.—^A project shall be an eligible project 
for purposes of section 602 only if it is— 
(1) consistent with the plan for flood protection and 
integrated resources management described in the document 
entitled "Draft Programmatic Environmental Impact State-
ment/Environmental 
Impact 
Report 
and 
Draft 
Program 
Financing Plan, Integrated Resources Management Program 
for Flood Control in the Colusa Basin", dated May 2000; and 
(2) carried out in accordance with that document and all 
environmental documentation requirements that apply to the 
project under the laws of the United States and the State 
of California. 
(b) COMPATIBILITY REQUIREMENT.—The Secretary shall ensure 
that projects for which assistance is provided under this title are 
not inconsistent with watershed protection and environmental res-
toration efforts being carried out under the authority of the Central 
Valley Project Improvement Act (Public Law 102-575; 106 Stat. 
4706 et seq.) or the CALFED Bay-Delta Program. 
SEC. 604. COST SHARING. 
(a) NON-FEDERAL SHARE.—The Secretary shall require that 
the District and cooperating non-Federal agencies or organizations 
pay— 
(1) 25 percent of the costs associated with construction 
of any project carried out with assistance provided under this 
title; 
(2) 100 percent of any operation, maintenance, and replace-
ment and rehabilitation costs with respect to such a project; 
and 
(3) 35 percent of the costs associated with planning, design, 
and environmental compliance activities. 
(b) PLANNING, DESIGN, AND COMPLIANCE ASSISTANCE.—^Funds 
appropriated pursuant to this title may be made available to fund 
65 percent of costs incurred for planning, design, and environmental 
compliance activities by the District or by local agencies acting 
pursuant to the State statute, in accordance with agreements with 
the Secretary. 
(c) TREATMENT OF CONTRIBUTIONS.—For purposes of this sec-
tion, the Secretary shall treat the value of lands, interests in 
lands (including rights-of-way and other easements), and necessary 
PUBLIC LAW 106-566—DEC. 23, 2000 
114 STAT. 2825 
relocations contributed by the District to a project as a payment 
by the District of the costs of the project. 
SEC. 605. COSTS NONREIMBURSABLE. 
Amounts expended pursuant to this title shall be considered 
nonreimbursable for purposes of the Act of June 17, 1902 (32 
Stat. 388; 43 U.S.C. 371 et seq.), and Acts amendatory thereof 
and supplemental thereto. 
SEC. 606. AGREEMENTS. 
Funds appropriated pursuant to this title may be made avail-
able to the District or a local agency only if the District or local 
agency, as applicable, has entered into a binding agreement with 
the Secretary— 
(1) under which the District or the local agency is required 
to pay the non-Federal share of the costs of construction 
required by section 604(a); and 
(2) governing the funding of planning, design, and compli-
ance activities costs under section 604(b). 
SEC. 607. REIMBURSEMENT. 
For project work (including work associated with studies, plan-
ning, design, and construction) carried out by the District or by 
a local agency acting pursuant to the State statute in section 
602 before the date amounts are provided for the project under 
this title, the Secretary shall, subject to amounts being made avail-
able in advance in appropriations Acts, reimburse the District or 
the local agency, without interest, an amount equal to the estimated 
Federal share of the cost of such work under section 604. 
SEC. 
608. 
COOPERATIVE 
AGREEMENTS. 
(a) IN GENERAL.—The Secretary may enter into cooperative 
agreements and contracts with the District to assist the Secretary 
in carrying out the purposes of this title. 
(b) SUBCONTRACTING.—^Under such cooperative agreements and 
contracts, the Secretary may authorize the District to manage and 
let contracts and receive reimbursements, subject to amounts being 
made available in advance in appropriations Acts, for work carried 
out under such contracts or subcontracts. 
SEC. 609. RELATIONSHIP TO RECLAMATION REFORM ACT OF 1982. 
Activities carried out, and financial assistance provided, under 
this title shall not be considered a supplemental or additional 
benefit for purposes of the Reclamation Reform Act of 1982 (96 
Stat. 1263; 43 U.S.C. 390aa et seq.). 
SEC. 610. APPROPRIATIONS AUTHORIZED. 
Within existing budgetary authority and subject to the avail-
ability of appropriations, the Secretary is authorized to expend 
up to $25,000,000, plus such additional amount, if any, as may 
be required by reason of changes in costs of services of the t5^es 
involved in the District's projects as shown by engineering and 
other relevant indexes to carry out this title. Sums appropriated 
luider this section shall remain available until expended. 
114 STAT. 2826 
PUBLIC LAW 106-566—DEC. 23, 2000 
Anzona 
TITLE VII—CONVEYANCE TO YUMA 
PORT AUTHORITY 
SEC. 701. 
CONVEYANCE OF LANDS TO THE GREATER YUMA PORT 
AUTHORITY. 
(a) 
AUTHORITY 
TO 
CONVEY.— 
(1) IN GENERAL.—The Secretary of the Interior, acting 
through the Bureau of Reclamation, may, in the 5-year period 
beginning on the date of the enactment of this Act and in 
accordance with the conditions specified in subsection (b) convey 
to the Greater Yuma Port Authority the interests described 
in paragraph (2). 
(2) INTERESTS DESCRIBED.—The interests referred to in 
paragraph (1) are the following: 
(A) All right, title, and interest of the United States 
in and to the lands comprising Section 23, Township 11 
South, Range 24 West, G&SRBM, Lots 1-4, NEy4, NV2 
NWV4, excluding lands located within the 60-foot border 
strip, in Yuma County, Arizona. 
(B) All right, title, and interest of the United States 
in and to the lands comprising Section 22, Township 11 
South, Range 24 West, G&SRBM, East 300 feet of Lot 
1, excluding lands located within the 60-foot border strip, 
in Yuma County, Arizona. 
(C) All right, title, and interest of the United States 
in and to the lands comprising Section 24, Township 11 
South, Range 24 West, G&SRBM, West 300 feet, excluding 
lands in the 60-foot border strip, in Yuma County, Arizona. 
(D) All right, title, and interest of the United States 
in and to the lands comprising the East 300 feet of the 
Southeast Quarter of Section 15, Township 11 South, Range 
24 West, G&SRBM, in Yuma County, Arizona. 
(E) The right to use lands in the 60-foot border strip 
excluded under subparagraphs (A), (B), and (C), for ingress 
to and egress from the international boundary between 
the United States and Mexico. 
(b) DEED COVENANTS AND CONDITIONS.—^Any conveyance under 
subsection (a) shall be subject to the following covenants and condi-
tions: 
(1) A reservation of rights-of-way for ditches and canals 
constructed or to be constructed by the authority of the United 
States, this reservation being of the same character and scope 
as that created with respect to certain public lands by the 
Act of August 30, 1890 (26 Stat. 391; 43 U.S.C. 945), as it 
has been, or may hereafter be amended. 
(2) A leasehold interest in Lot 1, and the west 100 feet 
of Lot 2 in Section 23 for the operation of a Cattle Crossing 
Facility, currently being operated by the Yuma-Sonora Commer-
cial Company, Incorporated. The lease as currently held con-
tains 24.68 acres, more or less. Any renewal or termination 
of the lease shall be by the Greater Yuma Port Authority. 
(3) Reservation by the United States of a 245-foot perpetual 
easement for operation and maintenance of the 242 Lateral 
Canal and Well Field along the northern boundary of the East 
300 feet of Section 22, Section 23, and the West 300 feet 
PUBLIC LAW 106-566—DEC. 23, 2000 
114 STAT. 2827 
of Section 24 as shown on Reclamation Drawing Nos. 1292-
303-3624, 1292-303-3625, and 1292-303-3626. 
(4) A reservation by the United States of all rights to 
the ground water in the East 300 feet of Section 15, the East 
300 feet of Section 22, Section 23, and the West 300 feet 
of Section 24, and the right to remove, sell, transfer, or 
exchange the water to meet the obligations of the Treaty of 
1944 with the Republic of Mexico, and Minute Order No. 242 
for the delivery of salinity controlled water to Mexico. 
(5) A reservation of all rights-of-way and easements 
existing or of record in favor of the public or third parties. 
(6) A right-of-way reservation in favor of the United States 
and its contractors, and the State of Arizona, and its contrac-
tors, to utilize a 33-foot easement along all section lines to 
freely give ingress to, passage over, and egress from areas 
in the exercise of official duties of the United States and the 
State of Arizona. 
(7) Reservation of a right-of-way to the United States for 
a 100-foot by 100-foot parcel for each of the Reclamation moni-
toring wells, together with unrestricted ingress and egress to 
both sites. One monitoring well is located in Lot 1 of Section 
23 just north of the Boundary Reserve and just west of the 
Cattle Crossing Facility, and the other is located in the south-
east comer of Lot 3 just north of the Boundary Reserve. 
(8) An easement comprising a 50-foot strip lying North 
of the 60-foot International Boundary Reserve for drilling and 
operation of, and access to, wells. 
(9) A reservation by the United States of Wie of all gas, 
oil, metals, and mineral rights. 
(10) A reservation of Vie of all gas, oil, metals, and mineral 
rights retained by the State of Arizona. 
(11) Such additional terms and conditions as the Secretary 
considers appropriate to protect the interests of the United 
States. 
(c) CONSIDERATION.— 
(1) IN GENERAL.—^As consideration for the conveyance under 
subsection (a), the Greater Yuma Port Authority shall pay 
the United States consideration equal to the fair market value 
on the date of the enactment of this Act of the interest conveyed. 
(2) DETERMINATION.—^For purposes of paragraph (1), the 
fair market value of any interest in land shall be determined 
taking into account that the land is undeveloped, that 80 acres 
is intended to be dedicated to use by the United States for 
Federal governmental 
purposes, and that 
an 
additional 
substantial portion of the land is dedicated to public right-
of-way, highway, and transportation purposes. 
(d) USE.—^The Greater Yuma Port Authority and its successors 
shall use the interests conveyed solely for the purpose of the 
construction and operation of an international port of entry and 
related activities. 
(e) COMPLIANCE WITH LAWS.—Before the date of the convey-
ance, actions required with respect to the conveyance under the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), 
the National Historic Preservation Act (16 U.S.C. 470 et seq.), 
and other applicable Federal laws must be completed at no cost 
to the United States. 
114 STAT. 2828 
PUBLIC LAW 106-566—DEC. 23, 2000 
Dickinson Dam 
Bascule Gates 
Settlement Act of 
2000. 
North Dakota. 
(f) USE OF 60-FOOT BORDER STRiP.^Any use of the 60-foot 
border strip shall be made in coordination with Federal agencies 
having authority with respect to the 60-foot border strip. 
(g) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of property conveyed under this section, and of any 
right-of-way that is subject to a right of use conveyed pursuant 
to subsection (a)(2)(E), shall be determined by a survey satisfactory 
to the Secretary. The cost of the survey shall be borne by the 
Greater Yuma Port Authority. 
(h) DEFINITIONS.— 
(1) 60-FOOT BORDER STRIP.—^The term "60-foot border strip" 
means lands in any of the Sections of land referred to in 
this Act located within 60 feet of the international boundary 
between the United States and Mexico. 
(2) GREATER YUMA PORT AUTHORITY.—^The term "Greater 
Yuma Port Authority" means Trust No. 84r-184, Yuma Title 
& Trust Company, an Arizona Corporation, a trust for the 
benefit of the Cocopah Tribe, a Sovereign Nation, the County 
of Yuma, Arizona, the City of Somerton, and the City of San 
Luis, Arizona, or such other successor joint powers agency 
or public purpose entity as unanimously designated by those 
governmental units. 
(3) SECRETARY.—The term "Secretary" means the Secretary 
of the Interior, acting through the Bureau of Reclamation. 
TITLE VIII—DICKINSON DAM BASCULE 
GATES SETTLEMENT 
SEC. 801. SHORT TITLE. 
This title may be cited as the "Dickinson Dam Bascule Gates 
Settlement Act of 2000". 
SEC. 802. FINDINGS. 
The Congress finds that— 
(1) in 1980 and 1981, the Bureau of Reclamation con-
structed the bascule gates on top of the Dickinson Dam on 
the Heart River, North Dakota, to provide additional water 
supply in the reservoir known as Patterson Lake for the city 
of Dickinson, North Dakota, and for additional flood control 
and other benefits; 
(2) the gates had to be significantly modified in 1982 
because of damage resulting from a large ice block causing 
excessive pressure on the hydraulic system, causing the system 
to fail; 
(3) since 1991, the City has received its water supply 
from the Southwest Water Authority, which provides much 
higher quality water from the Southwest Pipeline Project; 
(4) the City now receives almost no benefit from the bascule 
gates because the City does not require the additional water 
provided by the bascule gates for its municipal water supply; 
(5) the City has repaid more than $1,200,000 to the United 
States for the construction of the bascule gates, and has been 
working for several years to reach an agreement with the 
Bureau of Reclamation to alter its repayment contract; 
(6) the City has a longstanding commitment to improving 
the water quality and recreation value of the reservoir and 
PUBLIC LAW 106-566—DEC. 23, 2000 
114 STAT. 2829 
has been working with the United States Geological Survey, 
the North Dakota Department of Game and Fish, and the 
North Dakota Department of Health to improve water quality; 
and 
(7) it is in the public interest to resolve this issue by 
providing for a single payment to the United States in lieu 
of the scheduled annual pajonents and for the termination 
of any further repayment obligation. 
SEC. 803. DEFINITIONS. 
In this title: 
(1) BASCULE GATES.—The term "bascule gates" means the 
structure constructed on the Dam to provide additional water 
storage capacity in the Lake. 
(2) CITY.—The term "City" means the city of Dickinson, 
North Dakota. 
(3) DAM.—^The term "Dam" means Dickinson Dam on the 
Heart River, North Dakota. 
(4) LAKE.—The term "Lake" means the reservoir known 
as "Patterson Lake" in the State of North Dakota. 
(5) SECRETARY.—The term "Secretary" means the Secretary 
of the Interior, acting through the Commissioner of the Bureau 
of Reclamation. 
SEC. 804. FORGIVENESS OF DEBT. 
(a) IN GENERAL.—^The Secretary shall accept a 1-time pajnnent 
of $300,000 in lieu of the existing repajnnent obligations of the 
City under the Bureau of Reclamation Contract No. 9-07-60W0384, 
dated December 19, 1988, toward which amount any payments 
made by the City to the Secretary on or after June 2, 1998, shall 
be credited. 
(b) OWNERSHIP.—^Title to the Dam and bascule gates shall 
remain with the United States. 
(c) COSTS.—(1) The Secretary shall enter into an agreement 
with the City to allocate responsibilities for operation and mainte-
nance costs of the bascule gates as provided in this subsection. 
(2) The City shall be responsible for operation and maintenance 
costs of the bascule gates, up to a maximum annual cost of $15,000. 
The Secretary shall be responsible for all other costs. 
114 STAT. 2830 
PUBLIC LAW 106-566—DEC. 23, 2000 
(d) WATER SERVICE CONTRACTS.—The Secretary may enter into 
appropriate water service contracts if the City or 2iny other person 
or entity seeks to use water from the Lake for municipal water 
supply or other purposes. 
Approved December 23, 2000. 
LEGISLATIVE HISTORY—S. 1694: 
HOUSE REPORTS: No. 106-857 (Comm. on Resources). 
SENATE REPORTS: No. 106-234 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD, Vol. 146 (2000): 
Apr. 13, considered and passed Senate. 
Oct. 24, considered and passed House, amended. 
Dec. 7, Senate concurred in House amendments.