| Home > 106th Congressional Bills > S. 623 (is) To amend Public Law 89-108 to increase authorization levels for State [Introduced in Senate] ...
S. 623 (is) To amend Public Law 89-108 to increase authorization levels for State [Introduced in Senate] ...
106th CONGRESS 2d Session S. 623 _______________________________________________________________________ AN ACT 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. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Dakota Water Resources Act of 2000''. 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 ``federally- assisted water resource development project providing irrigation for 130,940 acres of land'' and inserting ``multipurpose federally assisted water resource project providing irrigation, municipal, rural, and industrial water systems, fish, wildlife, and other natural resource conservation 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 conservation'' 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 Dakota Water Resources Act of 2000)'' 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 inserting the following: ``(f) Costs.-- ``(1) Estimate.--The Secretary shall estimate-- ``(A) the actual construction costs of the facilities (including mitigation facilities) in existence as of the date of enactment of the Dakota Water Resources Act of 2000; 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 period 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.--Except as otherwise provided in this Act or Reclamation Law-- ``(A) The Secretary shall be responsible for the costs of operation and maintenance of the proportionate share of unit facilities in existence on the date of enactment of the Dakota Water Resources Act of 2000 attributable to the capacity of the facilities (including mitigation facilities) that remain unused; ``(B) The State of North Dakota shall be responsible for costs of operation and maintenance of the proportionate share of existing unit facilities that are used and shall be responsible for the full costs of operation and maintenance of any facility constructed after the date of enactment of the Dakota Water Resources Act of 2000; and ``(C) The State of North Dakota shall be responsible for the costs of providing energy to authorized unit facilities. ``(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 completed 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.--Prior to construction of any water systems authorized under this Act to deliver Missouri River water into the Hudson Bay basin, the Secretary, in consultation with the Secretary of State and the Administrator of the Environmental Protection Agency, must determine that adequate treatment can be provided to meet the requirements of the Treaty between the United States and Great Britain relating to Boundary Waters Between the United States and Canada, signed at Washington, January 11, 1909 (26 Stat. 2448; TS 548) (commonly known as the Boundary Waters Treaty of 1909). ``(2) Costs.--All costs of construction, operation, maintenance, and replacement of water treatment and related facilities authorized by this Act and attributable to meeting the requirements of the treaty referred to in paragraph (1) shall be nonreimbursable.''. 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 wildlife enhancement costs incurred in connection with waterfowl refuges, waterfowl production areas, and wildlife conservation areas proposed for Federal or State administration shall be nonreimbursable. ``(c) Recreation Areas.-- ``(1) Costs.--If non-Federal public bodies continue 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 allocated to recreation and attributable to those areas and all the costs of operation, maintenance, and replacement incurred in connection therewith, the remainder 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 coordination with the State of North Dakota. ``(d) Non-Federal Share.--The non-Federal share of the separable capital costs of the unit allocated to recreation 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 administer for recreation and fish and wildlife enhancement'' and inserting ``to administer for recreation''; and (II) by striking ``which are not included within Federal waterfowl refuges 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)-- (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 uplands 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 feature, the costs of which shall be paid by the Secretary.''. 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 feature 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 following: ``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 Resources Act of 2000, the Secretary may develop irrigation 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 reimbursed without aid to irrigation from the Pick-Sloan Missouri Basin Program, the New Rockford 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 Secretary 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 irrigation in other areas of North Dakota (such as the Elk/ Charbonneau, Mon-Dak, Nesson Valley, Horsehead Flats, and Oliver-Mercer areas) that are not located 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 authorized units of the Pick- Sloan Missouri Basin Program and eligible to receive project pumping power. ``(5) Principal supply works.--The Secretary shall maintain the Snake Creek Pumping Plant, New Rockford Canal, and McClusky Canal features of the principal supply works. Subject to the provisions of section (8) of this Act, the Secretary shall select a preferred alternative to implement the Dakota Water Resources Act of 2000. In making this section, one of the alternatives the Secretary shall consider is whether to connect the principal supply works in existence on the date of enactment.''; (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 redesignated 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 investigate and prepare a detailed report on the undesignated 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 finding on the economic, 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 irrigation 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 accordance 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
Other Popular 106th Congressional Bills Documents:
|GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information.|
Supreme Court Decisions
104th Congressional Documents
105th Congressional Documents
106th Congressional Documents
107th Congressional Documents
108th Congressional Documents
1994 Presidential Documents