[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3012 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 3012

 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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 9, 1997

 Mr. Pomeroy introduced the following bill; which was referred to the 
                         Committee on Resources

_______________________________________________________________________

                                 A BILL


 
 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 
1997''.

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 ``providing 
                irrigation for 130,940 acres of land'' and inserting 
                ``providing for the development of municipal, rural, 
                and industrial water systems, ground water recharge, 
                augmented stream flows, irrigation, and enhanced fish 
                and wildlife habitat and other natural resources'';
            (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 this Act)'' 
                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) Nonreimbursability of Features.--All features constructed by 
the Secretary before the date of enactment of the Dakota Water 
Resources Act of 1997, including the Oakes Test Area, shall be 
nonreimbursable.
    ``(g) Agreement Between the Secretary and the State.--The Secretary 
shall enter into an agreement with the State of North Dakota providing 
for the operation and maintenance of the completed unit facilities and 
the design and construction of authorized new unit facilities by the 
State. The Secretary shall be responsible for the cost of operation and 
maintenance of the proportionate share attributable to the facilities 
which remain unused.
    ``(h) Mitigation and Enhancement.--The Secretary shall be 
responsible for operation, maintenance, and replacement of mitigation 
and enhancement measures associated with features constructed under 
this Act.''.

SEC. 3. FISH AND WILDLIFE.

    Section 2 of Public Law 89-108 (79 Stat. 433; 100 Stat. 419) is 
amended--
            (1) in subsection (c)--
                    (A) in paragraph (1)--
                            (i) by striking ``(1) If, before 
                        commencement of construction of the unit, non-
                        Federal public bodies agree'' and inserting 
                        ``If non-Federal public bodies continue to 
                        agree''; and
                            (ii) by inserting ``and the State of North 
                        Dakota'' after ``the Secretary''; and
                    (B) by striking paragraph (2);
            (2) in subsection (d), by striking ``: Provided, That'' and 
        all that follows through ``years'';
            (3) in subsection (e)--
                    (A) by redesignating paragraphs (1) and (2) as 
                paragraphs (2) and (3), respectively;
                    (B) by inserting ``(1)'' after ``(e)'';
                    (C) in the first sentence of paragraph (2) (as 
                redesignated by subparagraph (A)), by striking ``within 
                ten years after initial unit operation''; 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) of 
                        this subsection''; and
            (4) in subsection (j)--
                    (A) by striking paragraph (1); and
                    (B) by redesignating paragraphs (2) and (3) as 
                paragraphs (1) and (2), respectively.

SEC. 4. 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 addition to the existing 5,000-acre Oakes Test Area, the 
Secretary is authorized to develop irrigation in the following project 
service areas: Turtle Lake (13,700 acres) and McClusky Canal (10,000 
acres). The Secretary may also develop 1,200 acres of irrigation in the 
New Rockford Canal Service Area provided that the Secretary also 
implements user fees for full reimbursement. The Secretary is 
prohibited from developing irrigation in these areas in excess of the 
acreage specified herein, except that the Secretary is authorized and 
directed to develop up to 28,000 acres of irrigation in other areas 
of North Dakota (such as Nesson Valley and Horsehead Flats areas), not 
located in the Hudson Bay, Devils Lake, or James River drainage 
basins.'';
            (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)''; and
            (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,''.

SEC. 5. POWER.

    Section 6 of Public Law 89-108 (79 Stat. 435; 100 Stat. 421) is 
amended--
            (1) in subsection (b)--
                    (A) by striking ``Notwithstanding the provisions 
                of'' and inserting ``Pursuant to the provisions of''; 
                and
                    (B) by striking ``revenues,'' and all that follows 
                and inserting ``revenues.''; and
            (2) in subsection (c)--
                    (A) in the first sentence, by striking ``any 
                reallocation'' and all that follows and inserting 
                ``section 1(e) shall not result in any reallocation of 
                project costs and shall not result in increased rates 
                to Pick-Sloan Missouri Basin Program customers.''; and
                    (B) by adding at the end the following: ``Nothing 
                in this Act shall alter or affect in any way the 
                current repayment methodology for other features of the 
                Pick-Sloan Missouri Basin Program.''.

SEC. 6. MUNICIPAL, RURAL, AND INDUSTRIAL WATER SERVICE.

    Section 7 of Public Law 89-108 (100 Stat. 422) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (3)--
                            (i) in the second sentence--
                                    (I) by striking ``The non-Federal 
                                share'' and inserting ``Unless 
                                otherwise provided in this Act, the 
                                non-Federal share''; and
                                    (II) by striking ``this section 
                                shall be 25 percent'' and inserting 
                                ``this section and section 8(a) shall 
                                be 15 percent'';
                            (ii) by inserting after the second sentence 
                        the following: ``The State may use the Federal 
                        and non-Federal funds to provide grants or 
                        loans for municipal, rural, and industrial 
                        water systems. The State may continue to use 
                        funds from repaid loans for municipal, rural, 
                        and industrial water systems.''; and
                            (iii) by striking the last sentence and 
                        inserting the following: ``The Southwest 
                        Pipeline Project, the Northwest Area Water 
                        Supply Project, the Red River Valley Water 
                        Supply Project, and other municipal, 
                        industrial, and rural water systems in the 
                        State of North Dakota shall be eligible for 
                        funding under this section.''; and
                    (B) by adding at the end the following:
            ``(4) Project features for red river valley water needs.--
                    ``(A) Report on red river valley water needs and 
                delivery options.--Not later than 90 days after the 
                effective date of the Dakota Water Resources Act of 
                1997, the Secretary, acting through the Commissioner of 
                the Bureau of Reclamation, and the State of North 
                Dakota shall jointly submit to Congress a report on the 
                comprehensive water quality and quantity needs of the 
                Red River Valley and the options for meeting those 
                needs, including the delivery of Missouri River water 
                to the Red River Valley. Such needs shall include, but 
                not be limited to, augmenting stream flows and 
                enhancing: municipal, rural, and industrial water 
                supplies; water quality; aquatic environment; and 
                recreation.
                    ``(B) Environmental impact statement.--Not later 
                than 180 days after the date of enactment of the Dakota 
                Water Resources Act of 1997, the Secretary shall, in 
                coordination with and with the concurrence of the State 
                of North Dakota, prepare and complete a draft 
                environmental impact statement concerning all feasible 
                options to meet the comprehensive water quality and 
                quantity needs of the Red River Valley and the options 
                for meeting those needs, including the delivery of 
                Missouri River water to the Red River Valley.
                    ``(C) Process for selection.--After reviewing the 
                final report required by section 7(a)(4)(A) and 
                complying with the requirements of section 7(a)(4)(B), 
                and after consultation with the Secretary of the 
                Interior, the Secretary of State, and other interested 
                parties, the State of North Dakota in coordination with 
                affected local communities shall select 1 or more 
                project features described in section 8(a)(1) that will 
                meet the comprehensive water quality and quantity needs 
                of the Red River Valley. The Secretary is authorized 
                and directed to enter into, within 180 days after the 
                record of decision has been executed, agreements in 
                accordance with sections 1(g) and 7(a) to construct the 
                feature or features selected by the State.
                    ``(D) Water conservation program.--Funds provided 
                in section 10(b)(1) and funds provided in section 
                10(b)(2) to carry out section 8(a) may be used by the 
                State to develop and implement a water conservation 
                program. The Secretary and State shall jointly 
                establish water conservation goals to meet the purposes 
                of the State's program and to improve the 
availability of water supplies to meet the purposes of this Act. If the 
State achieves the established water conservation goals, the non-
Federal cost share established in section 7(a)(3) shall be reduced by 
0.5 percent.''.
            (2) in subsection (b)--
                    (A) in the first sentence, by striking the period 
                at the end and inserting ``or such other feature or 
                features as may be selected under subsection 
                (a)(4)(C).'';
                    (B) in the second sentence, by striking 
                ``conveyance'' and inserting ``a project feature 
                selected under subsection (a)(4)(C)''; and
                    (C) by adding at the end the following: ``In 
                addition, the costs of construction, operation, 
                maintenance, and replacement of Northwest Area Water 
                Supply Project water treatment facilities deemed 
                attributable to meeting the requirements of the 
                Boundary Waters Treaty of 1909 shall also be 
                nonreimbursable.''.
            (3) in subsection (c), by striking ``and Fort Totten Indian 
        Reservations'' and inserting ``Turtle Mountain (including the 
        Trenton Indian Service Area), and Fort Totten Indian 
        Reservations and adjacent areas''; and
            (4) by adding at the end the following:
    ``(e) Nonreimbursability of Costs.--With respect to the Southwest 
Pipeline Project, the Northwest Area Water Supply Project, the Red 
River Valley Water Supply Project, and other municipal, industrial, and 
rural water systems in North Dakota, the costs of the features 
constructed on the Missouri River by the Secretary of the Army before 
the date of enactment of the Dakota Water Resources Act of 1997 shall 
be nonreimbursable.''.

SEC. 7. SPECIFIC FEATURES.

    (a) In General.--Section 8 of Public Law 89-108 (100 Stat. 423) is 
amended by striking ``Sec. 8.'' and all that follows through subsection 
(a) and inserting the following:

``SEC. 8. SPECIFIC FEATURES.

    ``(a) Authorization.--
            ``(1) In general.--The Secretary is authorized and directed 
        to construct a feature or features to deliver Missouri River 
        water to the Sheyenne River water supply and release facility 
        or such other feature or features as are selected under section 
        7(a)(4)(C). The feature shall be designed and constructed to 
        meet only the water delivery requirements of the irrigation 
        areas, municipal, rural, and industrial water supply needs, 
        ground water recharge, and streamflow augmentation (as 
        described in section 7(a)(4)(A)) authorized in this Act. The 
        feature 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 feature 
        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) 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 a wildlife conservation area.
            ``(3) The Secretary is authorized and directed to enter 
        into an agreement with the State of North Dakota providing for 
        the operation and maintenance of the Lonetree wildlife 
        conservation area, the costs of which shall be paid by the 
        Secretary.''
    (b) Taayer Reservoir.--Section 8(b) of Public Law 89-108 (100 Stat. 
423) is amended in the second sentence--
            (1) by inserting ``acting through the Commissioner of the 
        Bureau of Reclamation'' after ``Secretary''; and
            (2) by inserting ``, including acquisition through donation 
        or exchange,'' after ``acquire''.

SEC. 8. EXCESS CROPS.

    Section 9 of Public Law 89-108 (100 Stat. 423) is amended by adding 
at the end the following: ``Upon transfer of the Oakes Test Area to the 
State of North Dakota, but not later than 1 year after enactment of the 
Dakota Water Resources Act of 1997, Federal funds authorized by this 
Act may not be used to subsidize the irrigation of any crop at the 
Oakes Test Area.''.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    Section 10 of Public Law 89-108 (100 Stat. 424; 106 Stat. 4669, 
4739) is amended--
            (1) in subsection (a)--
                    (A) in the first sentence of paragraph (1), by 
                striking ``$270,395,000 for carrying out the provisions 
                of section 5(a) through section 5(c) and section 
                8(a)(1) of this Act'' and inserting ``to carry out 
                section 5(a) $84,200,000''; and
                    (B) in the first sentence of paragraph (2), by 
                striking ``5(e) of this Act'' and inserting ``5(c)''; 
            (2) in subsection (b)--
                    (A) in paragraph (1), by inserting after the first 
                sentence the following: ``In addition to the amount 
                authorized under the preceding sentence, there is 
                authorized to be appropriated $300,000,000 to carry out 
                section 7(a).''; and
                    (B) in paragraph (2), by inserting after the first 
                sentence the following: ``In addition to the amount 
                authorized under the preceding sentence, there are 
                authorized to be appropriated $200,000,000 to carry out 
                section 7(c), to be allocated as follows: $30,000,000 
                to the Fort Totten Indian Reservation, $70,000,000 to 
                the Fort Berthold Indian Reservation, $80,000,000 to 
                the Standing Rock Indian Reservation, and $20,000,000 
                to the Turtle Mountain Indian Reservation. Also, in 
                addition to the amount authorized under the first 
                sentence of this subsection, there are authorized to be 
                appropriated $200,000,000 to carry out section 8(a).'';
            (3) in subsection (c)--
                    (A) by striking the second sentence and inserting 
                the following: ``In addition to the amount authorized 
                under the preceding sentence, there are authorized to 
                be appropriated $6,500,000 to carry out recreational 
                projects and, subject to section 11(a)(2), $25,000,000 
                to carry out section 11. Of the funds authorized for 
                recreational projects, up to $1,500,000 may be used to 
                fund a wetland interpretive center in the State of 
                North Dakota.'';
                    (B) in the last sentence, by striking the period at 
                the end and inserting ``(including the mitigation and 
                enhancement features).''; and
                    (C) by adding at the end the following: 
                ``Expenditures for operation and maintenance of 
                features substantially completed and features 
                constructed before the date of enactment of the Dakota 
                Water Resources Act of 1997, including funds expended 
                for such purposes since the date of enactment of Public 
                Law 99-294, shall not be subject to the authorization 
                limits in this section. When the features authorized by 
                section 8(a) are operational, a separate account in the 
                Natural Resources Trust authorized in section 11 shall 
                be established for operation and maintenance of the 
                mitigation and enhancement lands associated with the 
                unit.'';
            (4) in subsection (e), by striking ``portion of the 
        $61,000,000 authorized for Indian municipal, rural, and 
        industrial water features'' and inserting ``amounts under 
        subsection (b)''; and
            (5) by adding at the end the following:
    ``(f) Four Bears Bridge.--There is authorized to be appropriated, 
for demolition of the existing structure and construction of the Four 
Bears Bridge across Lake Sakakawea within the Fort Berthold Indian 
Reservation, $40,000,000.''.

SEC. 10. NATURAL RESOURCES TRUST.

    Section 11 of Public Law 89-108 (100 Stat. 424) is amended--
            (1) in subsection (a)--
                    (A) by striking ``Wetlands'' and inserting 
                ``Natural Resources'';
                    (B) by striking ``The amount of each such annual 
                contribution shall be as follows:'';
                    (C) by striking paragraphs (1), (2), and (3);
                    (D) by redesignating paragraph (4) as paragraph 
                (1); and
                    (E) by inserting after paragraph (1) (as 
                redesignated by subparagraph (D)) the following:
            ``(2) Additional federal contribution.--In addition to the 
        amounts authorized in the preceding subsection, the total 
        amount of the Federal contribution pursuant to this Act is 
        increased by $25,000,000.
                    ``(A) The amount of each annual Federal 
                contribution authorized by this subsection shall be 5 
                percent of the total amount appropriated under section 
                10(b)(1) and under section 10(b)(2) to carry out 
                section 8(a) of this Act.
                    ``(B) The sums appropriated under section 
                11(a)(2)(A) shall not exceed $10,000,000, subject to 
                the provisions of section 11(a)(2)(C).
                    ``(C) The remaining $15,000,000 may not be 
                appropriated until the features authorized by section 
                8(a) are operational and meeting the objectives of that 
                section as determined jointly by the Secretary and the 
                State.'';
            (2) in subsection (b), by striking ``Wetlands Trust'' and 
        inserting ``Natural Resources Trust''; and
            (3) in subsection (c)--
                    (A) by striking ``Wetland Trust'' and inserting 
                ``Natural Resources Trust'';
                    (B) by striking ``are met'' and inserting ``is 
                met'';
                    (C) in paragraph (1), by inserting ``, grassland 
                conservation and riparian areas'' after ``habitat''; 
                and
                    (D) in paragraph (2), by adding at the end the 
                following:
                    ``(C) The power to fund incentives for conservation 
                practices by landowners.''.

SEC. 11. BANK STABILIZATION.

    The Secretary of the Interior shall cause to be performed a review 
of the options for stabilization of the banks of the Missouri River 
downstream of the Garrison Dam in the State of North Dakota.
                                 <all>