Garrison Diversion Unit Reformulation Act of 1986
PL 99-294 (H.R.1116), enacted 05/12/1986

100 STAT. 418 
PUBLIC LAW 99-294—MAY 12, 1986 
Public Law 99-294 
99th Congress 
May 12, 1986 
[H.R. 1116] 
Garrison 
Diversion Unit 
Reformulation 
Act of 1986. 
Water. 
North Dakota. 
Research and 
development. 
36 Stat. 2448. 
Agriculture and 
agricultural 
commodities. 
43 u s e 371 
notes. 
il 
An Act til 
To implement certain recommendations made pursuant to Public Law 98-360. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. PURPOSE AND AUTHORIZATION. 
The first section of the Act of August 5, 1965 (Public Law 89-108, 
79 Stat. 433) is amended by striking out "That" and all that follows 
down through the period at the end of such section and substituting: 
"SECTION 1. (a) The Congress declares that the purposes of this Act 
are to: 
"(1) implement the recommendations of the Garrison Diver-
• 
sion Unit Commission Final Report (dated December 20, 1984) 
in the manner specified by this Act; 
"(2) meet the water needs of the State of North Dakota, 
including municipal, rural and industrial water needs, as identi-
fied in the Garrison Diversion Unit Commission Final Report; 
"(3) minimize the environmental impacts associated with the 
construction and operation of the Garrison Diversion Unit; 
"(4) assist the United States in meeting its responsibilities 
under the Boundary Waters Treaty of 1909; 
"(5) assure more timely repayment of Federal funds expended 
for the Garrison Diversion Unit; 
"(6) preserve any existing rights of the State of North Dakota 
to use water from the Missouri River; and 
"(7) offset the loss of farmland within the State of North 
Dakota resulting from the construction of major features of the 
Pick-Sloan Missouri Basin Program, by means of a federally-
assisted water resource development project providing irriga-
tion for 130,940 acres of land. 
"(b) The Secretary of the Interior (hereafter referred to as "the 
Secretary") is authorized to plan and construct a multi-purpose 
water resource development project within the State of North 
Dakota providing for the irrigation of 130,940 acres, municipal, 
rural, and industrial water, fish and wildlife conservation and devel-
opment, recreation, flood control, and other project purposes in 
accordance with the Federal reclamation laws (Act of June 17, 1902, 
32 Stat. 388, and Acts amendatory thereof and supplementary 
thereto) and substantially in accordance with the plans set out in 
the Garrison Diversion Unit Commission Final Report dated Decem-
ber 20,1984. 
"(c) Nothing in this Act is intended, nor shall be construed, to 
preclude the State of North Dakota from seeking Congressional 
authorization to plan, design, and construct additional Federally-
assisted water resource development projects in the future. 
"(d) Nothing in this Act shall be deemed to diminish the quantity 
of water from the Missouri River which the State of North Dakota 
may beneficially use, pursuant to any right or rights it may have 
. ^-i 
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PUBLIC LAW 99-294—MAY 12, 1986 
100 STAT. 419 
under Federal law existing immediately before the date of enact-
ment of this Act and consistent with the treaty obligations of the 
United States. 
"(e) The authorization for all features of the Missouri-Souris Unit 
of the Pick-Sloan Missouri Basin Program located in the State of 
North Dakota, heretofore authorized in section 9 of the Flood Con-
trol Act of December 22, 1944 (58 Stat. 891), for which no funds have 
been appropriated for construction, and which are not authorized 
^ 
for construction by this Act, is hereby terminated, and sections 1 
and 6 of the Act of August 5, 1965 (Public Law 89-108, 79 Stat. 433) 
are hereby repealed. 
"(f) In implementing the provisions of this Act, the Secretary is 
directed to construct all supply works to the capacity identified in 
the Garrison Diversion Unit Commission Final Report, except that 
the Secretary is directed to construct the James River Feeder Canal 
to a capacity of no more than 450 cubic feet per second, and the 
Sykeston Canal to the capacity specified in section 8(a)(1) of this 
Act. 
Post, p. 423. 
"(g) Where features constructed by the Secretary are no longer 
used to full capacity pursuant to the recommendations of the Garri-
son Diversion Unit Commission Final Report, that portion of the 
Secretary's investment attributable to the construction of such 
unused capacity shall be nonreimbursable.". 
SEC. 2. FISH AND WILDLIFE. 
^' -r ;' 
Section 2 of the Act of August 5,1965 (Public Law 89-108, 79 Stat. 
''' ^' 
433) is amended by adding the following new subsections at the end 
thereof: 
"(i) Notwithstanding any other provisions of this section, the 
mitigation for fish and wildlife losses incurred as a result of 
construction of the project shall be on an acre-for-acre basis, based 
on ecological equivalency, concurrent with project construction. 
"(j) The Secretary is directed to implement the provisions of the 
Conservation. 
Garrison Diversion Unit Commission Final Report with respect to 
fish and wildlife conservation, including habitat impacts, mitigation 
procedures, and enhancement, except for the following: 
"(1) The Secretary shall take no action to alter the status of 
Sheyenne Lake National Wildlife Refuge prior to the comple-
tion of construction of Lonetree Dam and Reservoir. 
"(2) Development and implementation of the mitigation and 
i 
enhancement plan for fish and wildlife resources impacted by 
construction and operation of the Garrison Diversion Unit shall 
not be limited by the cost constraints based on estimates con-
tained in the Garrison Diversion Unit Commission Final 
Report. 
"(3) Credit toward mitigation recommended by the Garrison 
Diversion Unit Commission Final Report for reservoir sites is 
not authorized.". 
SEC. 3. IRRIGATION FACILITIES. 
Section 5 of the Act of August 5,1965 (Public Law 89-108, 79 Stat. 
433) is amended to read as follows: 
"SEC. 5. (a)(1) Subject to the provisions of subsection (a)(2) of this 
section, the Secretary is authorized to develop irrigation in the 
following project service areas: Turtle Lake (13,700 acres), McClusky 
Canal (4,000 acres), Lincoln Valley (6,515 acres), Harvey Pumping 
(2,000 acres). New Rockford (20,935 acres). New Rockford Canal 
100 STAT. 420 
PUBLIC LAW 99-294—MAY 12, 1986 
Post, p. 422. 
Reports. 
South Dakota. 
National 
Wildlife Refuge 
System. 
(1,200 acres), LaMoure (13,350 acres), West Oakes Extension (4,000 
acres), and West Oakes (19,660 acres). The Secretary is prohibited 
from developing irrigation in these areas in excess of the acreage 
specified herein, except that the Secretary is authorized and di-
rected to develop up to 28,000 acres of irrigation in other areas in 
North Dakota, not located in the Hudson Bay, Devils Lake, or James 
River drainage basins. 
"(2) The Secretary is prohibited from obligating any funds for 
construction of irrigation service facilities in the areas listed in 
subsection (a)(1) of this section prior to September 30, 1990. After 
that date, the Secretary may obligate funds only after completing 
and submitting to the Congress, the report required by section 5(c) of 
this Act. 
"(b)(1) The Secretary may not commence construction of the 
Sykeston Canal, the James River Feeder Canal, and James River 
channel improvements until 60 days after the report required by 
section 5(c) of this Act has been completed and submitted to the 
Congress. 
"(2) The Secretary is directed to proceed immediately with the 
construction of— 
"(A) the New Rockford Canal; 
"(B) the Oakes Test Area; and 
"(C) project features authorized in section 7 of this Act. 
"(c)(1) The Secretary is directed to submit a comprehensive report 
to the Congress as soon as practicable, but not later than the end of 
fiscal year 1988 on the effects on the James River in North Dakota 
and South Dakota of water resource development proposals rec-
ommended by the Garrison Diversion Unit Commission and au-
thorized in this Act. The report shall include the findings of the 
Secretary with regard to: 
"(A) the feasibility of using the Oakes Aquifer as a water 
storage and recharge facility, and an evaluation of the need for 
offstream regulatory storage in the lower James River basin; 
"(B) the capability of the river to handle irrigation return 
flows, project water supplies, and natural runoff without caus-
ing flooding, property damage, or damage to wildlife areas, and 
mechanisms or procedures for compensation or reimbursement 
of affected landowners for damages from project operation; 
"(C) the impacts of Garrison Diversion Unit irrigation return 
flows on the river and on adjacent riverine wetland areas and 
components of the National Wildlife Refuge System, with 
regard to water quantity, water quality, and fish and wildlife 
values; 
"(D) the need for channelization of the James River under the 
irrigation and municipal, rural, and industrial water develop-
ment programs authorized by this Act; 
"(E) the cost and efficiency of measures required to guarantee 
that irrigation return flows from the New Rockford (Robinson 
Coulee) irrigation service areas will not enter the Hudson Bay 
drainage and the impact these return flows will have on the 
James River; 
"(F) the feasibility of conveying project flows into the lower 
James River via Pipestem Creek; and 
"(G) alternative management plans for operation of James-
town and Pipestem Reservoirs to minimize impacts on the lower 
James River. 
PUBLIC LAW 99-294—MAY 12, 1986 
100 STAT. 421 
"(2) The costs of the study authorized by this subsection shall be 
nonreimbursable. 
"(3) The study authorized by this subsection shall be carried out in 
accordance with the requirements of the National Environmental 
Policy Act. 
42 use 4321 
"(d) The Secretary is prohibited from obligating funds to construct 
note, 
irrigation facilities in the service areas listed in subsection (a)(1) Contracts, 
until a contract or contracts, in a form approved by the Secretary, 
providing for the appropriate payment of the costs allocated to 
irrigation have been properly executed by a district or districts 
organized under State law. Such contract or contracts shall be 
consistent with the requirements of the Reclamation Reform Act of 
1982 (title II, Public Law 97-293, 96 Stat. 1263). 
43 use 390aa. 
"(e) The Secretary is authorized to develop irrigation in the 
following project service areas within the boundaries of the Fort 
Berthold and Standing Rock Indian Reservations: Lucky Mound 
(7,700 acres). Upper Six Mile Creek (7,500 acres), and Fort Yates 
(2,380 acres), except that, no funds are authorized to be appropriated 
for construction of these projects until the Secretary has made a 
finding of irrigability of the lands to receive water as required by 
the Act of July 31,1953 (67 Stat. 266; 43 U.S.C. 390a). Repayment for 
the units authorized under this subsection shall be made pursuant 
to the Leavitt Act (25 U.S.C. 386a). 
"(f) The Secretary shall not permit the use of project facilities for 
non-project drainage not included in project design or required for 
project operations.". 
SEC. 4. POWER. 
Section 6 of the Act of August 5,1965 (Public Law 89-108, 79 Stat. 
433) is amended to read as follows: 
"SEC. 6. (a) Municipal, rural, and industrial water systems con-
structed with funds authorized by section 7 of this Act shall utilize 
power from the Pick-Sloan Missouri Basin Program, as established 
by section 9 of the Flood Control Act of 1944 (Act of December 22, 
1944), for the operation of such systems. 
58 Stat. 891. 
"(b) Notwithstanding the provisions of section 302(a)(3) of the 
Department of Energy Organization Act (42 U.S.C 7152(a)(3)), any 
portion of the costs properly chargeable to irrigation for the Garri-
son Diversion Unit which are beyond the ability of water users to 
repay as authorized by Reclamation law may be repaid from power 
revenues, except repayment of investment in irrigation for the 
Garrison Diversion Unit made after the date of enactment of this 
Act may not exceed forty years from the year in which irrigation 
water is first delivered for use by the contracting party and shall be 
made in equal annual installments. 
"(c) Pursuant to the provisions of the last sentence of section 
302(a)(3) of the Department of Energy Organization Act of 1978 (42 
U.S.C. 7152(a)(3)), any reallocation of costs to project purposes other 
than irrigation as a result of section 1(e) of this Act shall not result 
in increased rates to Pick-Sloan Missouri Basin Program customers 
unless: (1) full use has been made of the current development 
method of ratesetting in analyzing the repayment status and cost 
allocations for the Garrison Diversion Unit and (2) the resulting rate 
increase, if any, is made in equal amounts over the ten year period 
beginning on the date of any such reallocation pursuant to this Act. 
Costs reallocated to project purposes other than irrigation as a 
result of section 1(e) of this Act shall be repaid, if reimbursable, with 
100 STAT. 422 
PUBLIC LAW 99-294—MAY 12, 1986 
interest at the rate specified in section 4(b) of this Act beginning on 
the date of any such reallocation without retroactive interest. Noth-
ing in this Act shall alter or affect in any way the current repay-
ment methodology for other features of the Pick-Sloan Missouri 
Basin Program.". 
M 
iC« 
SEC. 5. MUNICIPAL. RURAL. AND INDUSTRIAL WATER SERVICE. 
Contracts. 
The Act of August 5, 1965 (Public Law 89-108, 79 Stat. 433) is 
amended by adding the following new section at the end thereof: 
"SEC. 7. (a)(1) The Secretary of the Interior is authorized to 
construct municipal, rural, and industrial water systems to serve 
areas throughout the State of North Dakota. 
.
&
; iiyj ii?'- 
"(2) All planning, design, construction and operation of the 
municipal, rural, and industrial water systems authorized by this 
section shall be undertaken in accordance with a cooperative agree-
ment between the Secretary and the State of North Dakota. Such 
cooperative agreement shall set forth in a manner acceptable to the 
Secretary the responsibilities of the State for: 
"(A) needs assessments; 
"(B) feasibility studies; 
, ^ ';. 
. ^ 
"(C) engineering and design; 
• ' 
irii-- "(D) construction; 
"(E) operation and maintenance; and 
"(F) the administration of contracts pertaining to any of the 
foregoing. 
"(3) Upon execution of the cooperative agreement required under 
this subsection, the Secretary is authorized to convey to the State of 
North Dakota, on a nonreimbursable basis, the funds authorized in 
section 10(b)(1) of this Act. The non-Federal share of the total cost of 
construction of each water system for which the State of North 
Dakota receives funding pursuant to this section shall be 25 percent, 
committed prior to the initiation of construction. The non-Federal 
share of the cost of operation, maintenance, and replacement of each 
municipal, rural, and industrial water system funded by this section 
shall be 100 percent. The Southwest Pipeline Project shall be 
deemed to be eligible for funding under the terms of this section. 
"(h) The Secretary is authorized and directed to construct, oper-
ate, and maintain a Sheyenne River water supply and release 
feature (including a water treatment plant) capable of delivering 100 
cubic feet per second of water for the cities of Fargo and Grand 
Forks and surrounding communities. The costs of the construction, 
operation, maintenance, and replacement of this feature, exclusive 
of conveyance, shall be nonreimbursable and deemed attributable to 
36 Stat. 2448. 
meeting requirements of the Boundary Waters Treaty of 1909. 
"(c) The Secretary is authorized and directed to construct, operate, 
and maintain such municipal, rural, and industrial water systems as 
he deems necessary to meet the economic, public health and 
environmental needs of the Fort Berthold, Standing Rock, and Fort 
Totten Indian Reservations. 
"(d) Municipal, rural, and industrial water systems constructed 
with funds authorized under this Act may deliver Missouri River 
water into the Hudson Bay drainage only after the Secretary of the 
Interior, in consultation with the Secretary of State and the 
Administrator of the Environmental Protection Agency, has deter-
mined that adequate treatment has been provided to meet the 
requirements of the Boundary Waters Treaty of 1909.". 
PUBLIC LAW 99-294—MAY 12, 1986 
100 STAT. 423 
36 Stat. 2448. 
SEC. 6. SPECIFIC FEATURES. 
The Act of August 5, 1965 (Public Law 89-108, 79 Stat. 443) is 79 Stat. 433 
amended by adding the following new section at the end thereof: 
"SEC. 8. (aXD In accordance with the recommendations of the 
Garrison Diversion Unit Commission Final Report and section 1 of 
this Act, the Sykeston Canal shall be constructed as a functional 
replacement for the Lonetree Dam and Reservoir. The Sykeston 
Canal shall be designed and constructed to meet only the water 
delivery requirements of the irrigation areas and municipal, rural, 
and industrial water supply needs authorized in this Act. The 
Sykeston Canal shall be located, constructed, and operated so that, 
in the opinion of the Secretaries of the Interior and State, no 
violation of the Boundary Waters Treaty of 1909 would result. The 
Secretary may not commence construction on the Sykeston Canal 
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) The Lonetree Dam and Reservoir shall remain an authorized 
feature of the Garrison Diversion Unit; however, construction funds 
may be requested by the Secretary for Lonetree Dam and Reservoir 
only after: 
"(A) the Secretary has determined that there is a need for 
the dam and reservoir based on a contemporary appraisal using 
procedures such as those employed in the preparation of fea-
sibility studies for water resources development projects sub-
mitted to Congress; 
"(B) consultations with the Government of Canada have 
reached a conclusion satisfactory to the Secretary of State, after 
consultation with the Administrator of the Environmental 
Protection Agency, that no violation of the Boundary Waters 
Treaty of 1909 would result from the construction and operation 
of the dam and reservoir; and 
"(C) the Secretaries of the Interior and State have submitted 
the determinations required by subparagraphs (A) and (B) above 
to the Congress and 90 calendar days have elapsed. 
"(b) Taayer Reservoir is deauthorized as a project feature. The 
Secretary is directed to acquire 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 is authorized to 
acquire wetlands in the immediate vicinity which may be 
hydrologically related and nearby uplands as may be necessary to 
provide for proper management of the complex. The Secretary is 
also authorized to provide for appropriate visitor access and control 
at the refuge.". 
SEC. 7. EXCESS CROPS. 
Canada. 
National 
Wildlife Refuge 
System. 
The Act of August 5, 1965 (Public Law 89-108, 79 Stat. 433), is 
amended by adding the following new section at the end thereof: 
"SEC. 9. Until the construction costs of the facilities authorized in 
section 5 are repaid, the Secretary is directed to charge a "surplus 
crop production charge" equal to 10 percent of full cost, as defined in 
section 202(3) (A)-(C) of the Reclamation Reform Act of 1982 (Public 
Law 97-293, 96 Stat. 1263), for the delivery of project water used in 
the production of any basic agricultural commodity if the total 
supply of such commodity for the marketing years in which the bulk 
Marketing. 
43 use 390bb. 
100 STAT. 424 
PUBLIC LAW 99-294—MAY 12, 1986 
of the crop would normally be marketed is in excess of the normal 
^.|j, 5
i
i
4 
supply as determined by the Secretary of Agriculture. The Secretary 
of the Interior shall announce the amount of the surplus crop 
production charge for the succeeding year on or before July 1 of 
each year. The surplus crop production charge shall not apply to 
crops produced in the 5,000 acre Oakes Test Area for research 
purposes under the direction of the Secretaries of the Interior or 
Agriculture.". 
SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 
The Act of August 5, 1965 (Public Law 89-108, 79 Stat. 433) is 
amended by adding the following new section at the end thereof: 
"SEC. 10. (a)(1) There are authorized to be appropriated 
$270,395,000 for carrying out the provisions of section 5(a) through 
section 5(c) and section 8(a)(1) of this Act. Such sums shall remain 
available until expended. 
"(2) There is authorized to be appropriated $67,910,000 for carry-
ing out the provisions of section 5(e) of this Act. Such sums shall 
remain available until expended. 
"(b)(1) There is authorized to be appropriated $200,000,000 to carry 
out the provisions of section 7(a) of this Act. Such sums shall remain 
available until expended. 
"(2) There are authorized to be appropriated $61,000,000 to carry 
out the provisions of section 7(b) through section 7(d) of this Act. 
Such sums shall remain available until expended. 
"(c) There is authorized to be appropriated for carrying out the 
.i.i»6» 
remaining provisions of this Act $80,535,000. No funds are au-
thorized for the construction of the Lonetree Dam and Reservoir. 
There are also authorized to be appropriated such additional funds 
as may be necessary for operation and maintenance of the unit. 
"(d) Any funds previously, appropriated for the Garrison Diversion 
Unit may be expended to carry out any of the provisions of this 
Act.". 
SEC. 9. WETLANDS TRUST. 
„ ' • 
The Act of August 5, 1965 (Public Law 89-108, 79 Stat. 433) is 
"" 
' 
amended by adding the following new section at the end thereof: 
"SEC. U . (a) FEDERAL CONTRIBUTIONS.—From the sums appro-
priated under section 10 of this Act for the Garrison Diversion Unit, 
the Secretary of the Interior shall make an annual Federal contribu-
tion to a Wetlands Trust established by non-Federal interests in 
accordance with subsection (b), and operated in accordance with 
subsection (c), of this section. The amount of each such annual 
contribution shall be as follows: 
"(1) For fiscal year 1986: $2,000,000. 
"(2) For each of the fiscal years 1987 through 1990: 3 percent 
of the total amount appropriated under section 10 of this Act, 
but not to exceed $500,000 for each such fiscal year. 
guaai-jaM 
..(3) PQJ. g^^jj figj.^1 yg^j. ^fi-gj. 1990; 5 percent of the total 
amount appropriated under section 10 of this Act, but only if a 
contribution to the Trust equal to 10 percent of all Federal 
contributions is provided or contracted for by the State of North 
Dakota from non-Federal funds. The contributions of the State 
dii »r ;'; ; si 
of North Dakota may be paid to the Trust in such amounts and 
in such manner as may be agreed upon by the Governor and the 
Secretary. 
^ -.a 
.sJ^ i<t 
PUBLIC LAW 99-294—MAY 12, 1986 
100 STAT. 425 
"(4) The total Federal contribution pursuant to this Act shall 
not exceed $12,000,000. 
"(b) STRUCTURE OF THE TRUST.—A Wetlands Trust shall be eligible 
to receive Federal contributions pursuant to subsection (a) if it 
complies with each of the following requirements: 
"(1) The Trust is established by non-Federal interests as a 
non-profit corporation under the laws of North Dakota with its 
principal office in North Dakota. 
"(2) The Trust is under the direction of a Board of Directors 
which has the power to manage all affairs of the corporation, 
including administration, data collection, and implementation 
of the purposes of the Trust. 
"(3) The Board of Directors of the Trust is comprised of 6 
persons appointed as follows, each for a term of 2 years: 
"(A) 3 persons appointed by the Governor of North 
Dakota. 
"(B) 1 person appointed by the National Audubon Society. 
E
" 
"(C) 1 person appointed by the National 
Wildlife 
Federation. 
"(D) 1 person appointed by the North Dakota Chapter of 
the Wildlife Society. 
Vacancies on the board are filled in the manner in which the 
original appointments were made. Any member of the Board of 
Directors is eligible for reappointment for successive terms. Any 
member appointed to fill a vacancy occurring before the expiration 
of the term for which his or her predecessor was appointed is 
appointed only for the remainder of such term. A member may 
serve after the expiration of his or her term until his or her 
successor has taken office. 
"(4) Members of the Board of Directors serve without 
compensation. 
i„3(; j^tg ee 
"(5) The corporate purposes of the Trust are to preserve, 
enhance, restore, and manage wetland and associated wildlife 
habitat in the State of North Dakota. 
"(c) OPERATIONS OF THE TRUST.—A Wetland Trust established by 
non-Federal interests as provided in subsection (b) shall be deemed 
to be operating in accordance with this subsection if, in the opinion 
of the Secretary, each of the following requirements are met: 
"(1) The Trust is operated to preserve, enhance, restore, and 
manage wetlands and associated wildlife habitat in the State of 
North Dakota in accordance with its corporate purpose as 
provided in subsection (b)(5). 
"(2) Pursuant to its corporate charter, the Trust has the 
authority to exercise each of the following powers: 
"(A) The power to acquire lands and interests in land and 
power to acquire water rights. Lands or interests in lands 
may be acquired by the Trust only with the consent of the 
owner thereof and with the approval of the Governor of 
North Dakota. 
"(B) The power to finance wetland preservation, enhance-
ment, restoration, and management or wetland habitat 
programs. 
"(3) All funds received by the Trust under subsection (a) are 
invested in accordance with the requirements of subsection (d). 
No part of the principal amount of such funds may be expended 
for any purpose. The income received by the Trust from the 
investment of such funds shall be used by the Trust exclusively 
100 STAT. 426 
PUBLIC LAW 99-294—MAY 12, 1986 
Reports. 
Hazardous 
materials. 
99 Stat. 564. 
,
> for its purposes and operations in accordance with this subsec-
' tion or, to the extent not required for current operations, re-
invested in accordance with subsection (d). 
"(4) The Trust agrees to provide such reports as may be 
required by the Secretary or the Governor of North Dakota and 
makes its records available for audit by Federal and State 
agencies. 
"(d) INVESTMENT OF TRUST FUNDS.—The Secretary of the Interior, 
in consultation with the Secretary of the Treasury and the Governor 
of North Dakota, shall establish requirements for the investment of 
all amounts received by the Trust under subsection (a) or reinvested 
under subsection (cX3). Such requirements shall ensure that such 
amounts are invested in accordance with sound investment prin-
ciples and shall ensure that persons managing such investments will 
exercise their fiduciary responsibilities in an appropriate manner.". 
SEC. 10. SOIL SURVEYS. 
Section 1 of the Act of July 31,1953 (67 Stat. 266; 43 U.S.C. 390a) is 
amended by inserting at the end thereof the following: "Such sur-
veys shall include an investigation of soil characteristics which 
might result in toxic or hazardous irrigation return flows.". 
SEC. n . SHORT TITLE. 
This Act may be referred to as the 
Reformulation Act of 1986". 
'Garrison Diversion Unit 
SEC. 12. COMPLIANCE WITH APPROPRIATIONS ACT. 
This Act to reformulate the Garrison Diversion Unit shall be 
deemed to meet all the time and substance requirements specified in 
the Fiscal Year 1986 Energy and Water Development Appropria-
tions Act (Public Law 99-141). 
Approved May 12, 1986. 
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LEGISLATIVE HISTORY—H.R. 1116: 
HOUSE REPORTS: No. 99-525 and Pt. 2 (Comm. on Interior and Insular Affairs). 
CONGRESSIONAL RECORD, Vol. 132 (1986): 
Apr. 21, 23, considered and passed House. 
Apr. 28, considered and passed Senate. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 22 (1986): 
May 12, Presidential statement.