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
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