[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 353 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 353

  To amend the Water Resources Development Act of 1999 to direct the 
 Secretary of the Army to provide assistance to design and construct a 
project to provide a continued safe and reliable municipal water supply 
                 system for Devils Lake, North Dakota.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 10, 2005

Mr. Conrad (for himself and Mr. Dorgan) introduced the following bill; 
 which was read twice and referred to the Committee on Environment and 
                              Public Works

_______________________________________________________________________

                                 A BILL


 
  To amend the Water Resources Development Act of 1999 to direct the 
 Secretary of the Army to provide assistance to design and construct a 
project to provide a continued safe and reliable municipal water supply 
                 system for Devils Lake, North Dakota.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    (a) In General.--The Water Resources Development Act of 1999 
(Public Law 106-53; 113 Stat. 269) is amended by inserting after 
section 597 the following:

``SEC. 598. DEVILS LAKE, NORTH DAKOTA.

    ``(a) Definition of Project.--In this section, the term `project' 
means a project to provide a continued safe and reliable municipal 
water supply system for Devils Lake, North Dakota.
    ``(b) Local Cooperation Agreement.--
            ``(1) In general.--Subject to paragraph (2), the Secretary 
        shall enter into a local cooperation agreement with the non-
        Federal interest to provide assistance in designing and 
        constructing the project.
            ``(2) Responsibility for design work.--At the option of the 
        non-Federal interest, the non-Federal interest may complete the 
        design work for the project.
            ``(3) NEPA.--The Secretary shall comply with all applicable 
        requirements under the National Environmental Policy Act of 
        1969 (42 U.S.C. 4321 et seq.) before beginning construction on 
        the project.
            ``(4) Requirements.--The local cooperation agreement 
        entered into under this subsection shall provide for--
                    ``(A) the development by local officials of a water 
                supply project and related facilities, including 
                appropriate engineering plans and specifications; and
                    ``(B) the establishment of such legal and 
                institutional structures as are necessary to ensure the 
                effective long-term operation of the project by the 
                non-Federal interest.
            ``(5) Cost sharing.--
                    ``(A) In general.--The local cooperation agreement 
                shall provide that the Federal share of the cost of the 
                project--
                            ``(i) shall be 75 percent; and
                            ``(ii) may be in the form of grants or 
                        reimbursements of project costs.
                    ``(B) Credit for design and engineering work.--The 
                non-Federal interest shall receive credit, not to 
                exceed 6 percent of the total construction costs of the 
                project, for the reasonable costs of design and 
                engineering work completed by the non-Federal interest 
                before entering into a local cooperation agreement with 
                the Secretary under this subsection for the project.
                    ``(C) Credit for interest.--In case of a delay in 
                the funding of the Federal share of the project costs, 
                the non-Federal interest shall receive credit for 
                reasonable interest incurred in providing the Federal 
                share of the cost of the project.
                    ``(D) Credit for land, easements, and rights-of-
                way.--The non-Federal interest shall receive credit, 
                not to exceed 25 percent of the total cost of the 
                project, for land, easements, rights-of-way, and 
                relocations toward the non-Federal share of project 
                costs (including all reasonable costs associated with 
                obtaining permits necessary for the construction, 
                operation, and maintenance of the project on publicly 
                owned or controlled land).
                    ``(E) Operation and maintenance.--The non-Federal 
                share of operation and maintenance costs for the 
                project shall be 100 percent.
    ``(c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $15,000,000, to remain available 
until expended.''.
    (b) Conforming Amendment.--The table of contents of the Water 
Resources Development Act of 1999 (Public Law 106-53; 113 Stat. 269) is 
amended by inserting after the item relating to section 597 the 
following:

``Sec. 598. Devils Lake, North Dakota.''.
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