Authorization of appropriations for State and Tribal, municipal, rural, and industrial water service

Section 10 of Public Law 89–108 (79 Stat. 433; 100 Stat. 424; 106 Stat. 4669; 114 Stat. 2763A–291) is amended— (1)in subsection (b)— (A)in paragraph (1)— (i)by redesignating subparagraph (C) as subparagraph (D); and (ii)by inserting after subparagraph (B) the following:

(C)

Other amounts

(i)

In general

Subject to clause (ii), in addition to the amounts made available under subparagraphs (A) and (B), there are authorized to be appropriated to carry out section 7(a)— (I)$120,000,000, as indexed, to complete all phases of the Northwest Area Water Supply Biota Water Treatment Plant and Pump Station Project, as described in the record of decision dated August 21, 2015; (II)$454,000,000, as indexed, to complete the McClusky Canal and Missouri River North Alternative for the Eastern North Dakota Alternate Water Supply Project, as described in the record of decision issued by the Bureau of Reclamation on January 15, 2021; (III)$50,000,000, as indexed, for the Southwest Pipeline Project to complete the supplementary raw water intake pump station, main transmission line upgrades, strategic hydraulic improvements, and rural distribution expansion; and (IV)$63,000,000, as indexed, for North Dakota rural water districts for water treatment and rural distribution expansion. (ii)

Transfers

Any amounts made available under any of subclauses (I) through (IV) of clause (i) may be transferred among the projects described in those subclauses, subject to the limitation that the initial amount authorized for any 1 project described in any of those subclauses may not be increased by more than 50 percent as a result of any transfers authorized under this clause.

; and

(B)in paragraph (2)— (i)by redesignating subparagraph (C) as subparagraph (D); and (ii)by inserting after subparagraph (B) the following:

(C)

Other amounts

(i)

In general

In addition to the amounts made available under subparagraphs (A)(ii) and (B), there is authorized to be appropriated to carry out section 7(d) $743,000,000, as indexed. (ii)

Allocation

The amount under clause (i) shall be allocated as follows: (I)Not more than $118,000,000, as indexed, shall be made available to the Secretary to complete the Spirit Lake Rural Water System within the Fort Totten Indian Reservation. (II)Not more than $275,000,000, as indexed, shall be made available to the Secretary to complete the Three Affiliated Tribes Rural Water System within the Fort Berthold Indian Reservation. (III)Not more than $240,000,000, as indexed, shall be made available to the Secretary to complete the Standing Rock Rural Water System within the Standing Rock Indian Reservation. (IV)Not more than $98,000,000, as indexed, shall be made available to the Secretary to complete the Turtle Mountain Rural Water System within the Turtle Mountain Indian Reservation. (V)Not more than $12,000,000, as indexed, shall be made available to the Secretary to complete the Lake Traverse Rural Water System within the Lake Traverse Indian Reservation. (iii)

Feasibility studies

Of the amounts made available under clause (i), the Secretary may use such sums as are necessary to fund feasibility studies, to be completed not later than 2 years after the date of enactment of the Dakota Water Resources Act Amendments of 2024, that identify the features necessary to complete each of the rural water systems described in clause (ii), as determined by the Secretary.

;

(2)in subsection (c)(2), by striking subparagraph (B) and inserting the following:

(B)$75,000,000 to carry out section 11, to remain available until expended.

; and

(3)by striking subsection (e) and inserting the following:

(e)

Indexing

(1)

In general

The $200,000,000 amount under subsection (a)(1)(B), the $200,000,000 amount under subsection (b)(1)(B), and the funds authorized under subparagraphs (A) and (B) of subsection (b)(2) shall be indexed as necessary to allow for ordinary fluctuations of construction costs incurred after the date of enactment of the Dakota Water Resources Act of 2000, as indicated by engineering cost indices applicable for the type of construction involved. (2)

Other amounts

The funds authorized under subsections (b)(1)(C) and (b)(2)(C) shall be indexed as necessary to allow for ordinary fluctuations of construction costs incurred after the date of enactment of the Dakota Water Resources Act Amendments of 2024, as indicated by engineering cost indices applicable for the type of construction involved. (3)

Other cost ceilings

All other authorized cost ceilings under this Act shall remain unchanged.