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] ...

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  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,


    This Act may be cited as the ``Dakota Water Resources Act of 


    Section 1 of Public Law 89-108 (79 Stat. 433; 100 Stat. 418) is 
            (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 
    ``(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 
            ``(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.''.


    Section 2 of Public Law 89-108 (79 Stat. 433; 100 Stat. 419) is 
            (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.''.


    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.''.


    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:


    ``(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 
            (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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