[Congressional Record Volume 144, Number 109 (Wednesday, August 5, 1998)]
[House]
[Pages H7290-H7294]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                               AMENDMENTS

  Under clause 6 of rule XXIII, proposed amendments were submitted as 
follows:

                               H.R. 3012

                        Offered By: Mr. Pomeroy

                (Amendment in the Nature of a Substitue)

       Amendment No. 1: Strike all after the enacting clause and 
     insert the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Dakota Water Resources Act 
     of 1998''.

     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 1998)'' 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 1998; 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

[[Page H7291]]

     the total capacity of the project that is in actual use 
     during the payment period.
       ``(3) Operation and maintenance costs.--The Secretary shall 
     be responsible for the costs of operation and maintenance of 
     the proportionate share attributable to the capacity of the 
     facilities (including mitigation facilities) that remain 
     unused.
       ``(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.--Water 
     systems constructed under this Act may deliver Missouri River 
     water into the Hudson Bay basin only after the Secretary, in 
     consultation with the Secretary of State and the 
     Administrator of the Environmental Protection Agency, 
     determines that adequate treatment has been 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 (36 
     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. If the features 
     selected under section 8 include a buried pipeline and 
     appurtenances between the McClusky Canal and New Rockford 
     Canal, the use of the wildlife conservation area and Sheyenne 
     Lake National Wildlife Refuge for such route is hereby 
     authorized.''.

     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 1998, 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) Principle Supply Works.--The Secretary shall complete 
     and maintain the principle supply works as identified in the 
     1984 Garrison Diversion Unit Commission Final Report dated 
     December 20, 1984 as modified by the Dakota Water Resources 
     Act of 1998.'';
       (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 
     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 
     report.''.

     SEC. 6. 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) by striking subsection (c) and inserting the following:
       ``(c) No Increase in Rates or Affect on Repayment 
     Methodology.--In accordance with the last sentence of section 
     302(a)(3) of the Department of Energy Organization Act (42 
     U.S.C. 7152(a)(3), 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. Nothing in the Dakota Water Resources Act

[[Page H7292]]

     of 1998 alters or affects in any way the repayment 
     methodology in effect as of the date of enactment of that Act 
     for other features of the Pick-Sloan Missouri Basin 
     Program.''.

     SEC. 7. MUNICIPAL, RURAL, AND INDUSTRIAL WATER SERVICE.

       Section 7 of Public Law 89-108 (100 Stat. 422) is amended--
       (1) in subsection (a)(3)--
       (A) in the second sentence--
       (i) by striking ``The non-Federal share'' and inserting 
     ``Unless otherwise provided in this Act, the non-Federal 
     share'';
       (ii) by striking ``each water system'' and inserting 
     ``water systems'';
       (iii) 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 shall use the proceeds of repaid 
     loans for municipal, rural, and industrial water systems.''; 
     and
       (iv) 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 the terms of this section. Funding provided 
     under this section for the Red River Valley Water Supply 
     Project shall be in addition to funding for that project 
     under section 10(a)(1)(B). The amount of non-Federal 
     contributions made after May 12, 1986, that exceeds the 25 
     percent requirement shall be credited to the State for future 
     use in municipal, rural, and industrial projects under this 
     section.''; and
       (2) by striking subsections (b), (c), and (d) and inserting 
     the following:
       ``(b) Water Conservation Program.--The State of North 
     Dakota may use funds provided under subsections (a) and 
     (b)(1)(A) of section 10 to develop and implement a water 
     conservation program. The Secretary and the State shall 
     jointly establish water conservation goals to meet the 
     purposes of the State 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 for future projects under subsection 
     (a)(3) shall be reduced to 24.5 percent.
       ``(c) 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 1998 shall be 
     nonreimbursable.
       ``(d) Indian Municipal Rural and Industrial Water Supply.--
     The Secretary shall construct, operate, and maintain such 
     municipal, rural, and industrial water systems as the 
     Secretary determines to be necessary to meet the economic, 
     public health, and environmental needs of the Fort Berthold, 
     Standing Rock, Turtle Mountain (including the Trenton Indian 
     Service Area), and Fort Totten Indian Reservations and 
     adjacent areas.''.

     SEC. 8. SPECIFIC FEATURES.

       (a) In General.--Public Law 89-108 (100 Stat. 423) is 
     amended by striking section 8 and inserting the following:

     ``SEC. 8. SPECIFIC FEATURES.

       ``(a) Red River Valley Water Supply Project.--
       ``(1) In general.--The Secretary shall 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 subsection (d).
       ``(2) Design and construction.--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 subsection (b)(2)) 
     authorized by this Act.
       ``(3) Commencement of construction.--The Secretary may not 
     commence construction on the feature until a master repayment 
     contract or water service agreement consistent with this Act 
     between the Secretary and the appropriate non-Federal entity 
     has been executed.
       ``(b) Report on Red River Valley Water Needs and Delivery 
     Options.--
       ``(1) In general.--Pursuant to section 1(g), not later than 
     90 days after the date of enactment of the Dakota Water 
     Resources Act of 1998, the Secretary 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.
       ``(2) Needs.--The needs addressed in the report shall 
     include such needs as--
       ``(A) augmenting streamflows; and
       ``(B) enhancing--
       ``(i) municipal, rural, and industrial water supplies;
       ``(ii) water quality;
       ``(iii) aquatic environment; and
       ``(iv) recreation.
       ``(3) Studies.--Existing and ongoing studies by the Bureau 
     of Reclamation on Red River Water Supply needs and options 
     shall be deemed to meet the requirements of this section.
       ``(c) Environmental Impact Statements.--
       ``(1) Draft.--
       ``(A) Deadline.--Pursuant to an agreement between the 
     Secretary and the State of North Dakota as authorized under 
     section 1(g), not later than 1 year after the date of 
     enactment of the Dakota Water Resources Act of 1998, the 
     Secretary and the State of North Dakota shall jointly 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 possible 
     alternatives for delivering Missouri River water to the Red 
     River Valley.
       ``(B) Report on status.--If the Secretary and State of 
     North Dakota cannot prepare and complete the draft 
     environmental impact statement within 1 year after the date 
     of enactment of the Dakota Water Resources Act of 1998, the 
     Secretary, in consultation and coordination with the State of 
     North Dakota, shall report to Congress on the status of this 
     activity, including an estimate of the date of completion.
       ``(2) Final.--
       ``(A) Deadline.--Not later than 1 year after filing the 
     draft environmental impact statement, a final environmental 
     impact statement shall be prepared and published.
       ``(B) Report on status.--If the Secretary and State of 
     North Dakota cannot prepare and complete a final 
     environmental impact statement within 1 year of the 
     completion of the draft environmental impact statement, the 
     Secretary, in consultation and coordination with the State of 
     North Dakota, shall report to Congress on the status of this 
     activity, including an estimate of the date of completion.
       ``(d) Process for Selection.--
       ``(1) In general.--After reviewing the final report 
     required by subsection (b)(1) and complying with subsection 
     (c), the Secretary, in consultation and coordination with the 
     State of North Dakota in coordination with affected local 
     communities, shall select 1 or more project features 
     described in subsection (a) that will meet the comprehensive 
     water quality and quantity needs of the Red River Valley.
       ``(2) Agreements.--Not later than 180 days after the record 
     of decision has been executed, the Secretary shall enter into 
     a cooperative agreement with the State of North Dakota to 
     construct the feature or features selected.
       ``(e) Sheyenne River Water Supply and Release or Alternate 
     Features.--The Secretary shall construct, operate, and 
     maintain a Sheyenne River water supply and release feature 
     (including a water treatment plant) capable of delivering 100 
     cubic feet per second of water or any other amount determined 
     in the reports under this section, for the cities of Fargo 
     and Grand Forks and surrounding communities, or such other 
     feature or features as may be selected under subsection 
     (d).''.

     SEC. 9. OAKES TEST AREA TITLE TRANSFER.

       Public Law 89-108 (100 Stat. 423) is amended by striking 
     section 9 and inserting the following:

     ``SEC. 9. OAKES TEST AREA TITLE TRANSFER.

       ``(a) In General.--Not later than 2 years after execution 
     of a record of decision under section 8(d) on whether to use 
     the New Rockford Canal as a means of delivering water to the 
     Red River Basin as described in section 8, the Secretary 
     shall enter into an agreement with the State of North Dakota, 
     or its designee, to convey title and all or any rights, 
     interests, and obligations of the United States in and to the 
     Oakes Test Area as constructed and operated under Public Law 
     99-294 (100 Stat. 418) under such terms and conditions as the 
     Secretary believes would fully protect the public interest.
       ``(b) Terms and Conditions.--The agreement shall define the 
     terms and conditions of the transfer of the facilities, 
     lands, mineral estate, easements, rights-of-way and water 
     rights including the avoidance of costs that the Federal 
     Government would otherwise incur in the case of a failure to 
     agree under subsection (d).
       ``(c) Compliance.--The action of the Secretary under this 
     section shall comply with all applicable requirements of 
     Federal, State, and local law.
       ``(d) Failure To Agree.--If an agreement is not reached 
     within the time limit specified in subsection (a), the 
     Secretary shall dispose of the Oakes Test Area facilities 
     under the Federal Property and Administrative Services Act of 
     1949 (40 U.S.C. 471 et seq.).''.

     SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

       Section 10 of Public Law 89-108 (100 Stat. 424; 106 Stat. 
     4669, 4739)
       (1) in subsection (a)--
       (A) by striking ``(a)(1) There are authorized'' and 
     inserting the following:
       ``(a) Water Distribution Features.--
       ``(1) In general.--
       ``(A) Main stem supply works.--There is authorized'';
       (B) in paragraph (1)--
       (i) in the first sentence, by striking ``$270,395,000 for 
     carrying out the provisions of section 5(a) through 5(c) and 
     section 8(a)(1) of this Act'' and inserting ``$164,000,000 to 
     carry out section 5(a)'';
       (ii) by inserting after subparagraph (A) (as designated by 
     clause (i)) the following:
       ``(B) Red river valley water supply project.--There is 
     authorized to be appropriated to carry out section 8(a)(1) 
     $200,000,000.''; and

[[Page H7293]]

       (iii) by striking ``Such sums'' and inserting the 
     following:
       ``(C) Availability.--Such sums''; and
       (C) in paragraph (2)--
       (i) by striking ``(2) There is'' and inserting the 
     following:
       ``(2) Indian irrigation.--
       ``(A) In general.--There is'';
       (ii) by striking ``$7,910,000 for carrying out section 5(e) 
     of this Act'' and inserting ``$7,910,000 to carry out section 
     5(c)''; and
       (iii) by striking ``Such sums'' and inserting the 
     following:
       ``(B) Availability.--Such sums'';
       (2) in subsection (b)--
       (A) by striking ``(b)(1) There is'' and inserting the 
     following:
       ``(b) Municipal, Rural, and Industrial Water Supply.--
       ``(1) Statewide.--
       ``(A) Initial amount.--There is'';
       (B) in paragraph (1)--
       (i) by inserting before ``Such sums'' the following:
       ``(B) Additional amount.--In addition to the amount under 
     subparagraph (A), there is authorized to be appropriated to 
     carry out section 7(a) $300,000,000.''; and
       (ii) by striking ``Such sums'' and inserting the following:
       ``(C) Availability.--Such sums''; and
       (C) in paragraph (2)--
       (i) by striking ``(2) There are authorized to be 
     appropriated $61,000,000'' and all that follows through 
     ``Act.'' and inserting the following:
       ``(2) Indian municipal, rural, and industrial and other 
     delivery features.--
       ``(A) Initial amount.--There is authorized to be 
     appropriated--
       ``(i) to carry out section 8(a)(5), $40,500,000; and
       ``(ii) to carry out section 7(d), $20,500,000.'';
       (ii) by inserting before ``Such sums'' the following:
       ``(B) Additional amount.--
       ``(i) In general.--In addition to the amount under 
     subparagraph (A), there is authorized to be appropriated to 
     carry out section 7(d) $200,000,000.
       ``(ii) Allocation.--The amount under clause (i) shall be 
     allocated as follows:

       ``(I) $30,000,000 to the Fort Totten Indian Reservation.
       ``(II) $70,000,000 to the Fort Berthold Indian Reservation.
       ``(IV) $80,000,000 to the Standing Rock Indian Reservation.
       ``(V) $20,000,000 to the Turtle Mountain Indian 
     Reservation.''; and

       (ii) by striking ''Such sums'' and inserting the following:
       ``(C) Availability.--Such sums'';
       (3) in subsection (c)--
       (A) by striking ``(c) There is'' and inserting the 
     following:
       ``(c) Resources Trust and Other Provisions.--
       ``(1) Initial amount.--There is''; and
       (B) by striking the second and third sentences and 
     inserting the following:
       ``(2) Additional amount.--In addition to amount under 
     paragraph (1), there are authorized to be appropriated--
       ``(A) $6,500,000 to carry out recreational projects; and
       ``(B) an additional $25,000,000 to carry out section 11;
     to remain available until expended.
       ``(3) Recreational projects.--Of the funds authorized under 
     paragraph (2) for recreational projects, up to $1,500,000 may 
     be used to fund a wetland interpretive center in the State of 
     North Dakota.
       ``(4) Operation and maintenance.--
       ``(A) In general.-- There are authorized to be appropriated 
     such sums as are necessary for operation and maintenance of 
     the unit (including the mitigation and enhancement features).
       ``(B) Authorization limits.--Expenditures for operation and 
     maintenance of features substantially completed and features 
     constructed before the date of enactment of the Dakota Water 
     Resources Act of 1998, including funds expended for such 
     purposes since the date of enactment of Public Law 99-294, 
     shall not be counted against the authorization limits in this 
     section.
       ``(5) Mitigation and enhancement land.--On or about the 
     date on which the features authorized by section 8(a) are 
     operational, a separate account in the Natural Resources 
     Trust authorized by section 11 shall be established for 
     operation and maintenance of the mitigation and enhancement 
     land associated with the unit.''; and
       (4) by striking subsection (e) and inserting the following:
       ``(e) Indexing.--The $300,000,000 amount under subsection 
     (b)(1)(B), the $200,000,000 amount under subsection 
     (a)(1)(B), and the funds authorized under 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 1998 as 
     indicated by engineering cost indices applicable for the type 
     of construction involved. All other authorized cost ceilings 
     shall remain unchanged.
       ``(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. 11. NATURAL RESOURCES TRUST.

       Section 11 of Public Law 89-108 (100 Stat. 424) is 
     amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) Contribution.--
       ``(1) Initial authorization.--
       ``(A) In general.--From the sums appropriated under section 
     10 for the Garrison Diversion Unit, the Secretary shall make 
     an annual Federal contribution to a Natural Resources Trust 
     established by non-Federal interests in accordance with 
     subsection (b) and operated in accordance with subsection 
     (c).
       ``(B) Amount.--The total amount of Federal contributions 
     under subparagraph (A) shall not exceed $12,000,000.
       ``(2) Additional authorization.--
       ``(A) In general.--In addition to the amount authorized in 
     paragraph (1), the Secretary shall make annual Federal 
     contributions to the Natural Resources Trust until the amount 
     authorized by section 10(c)(2)(B) is reached, in the manner 
     stated in subparagraph (B).
       ``(B) Annual amount.--The amount of the contribution under 
     subparagraph (A) for each fiscal year shall be the amount 
     that is equal to 5 percent of the total amount that is 
     appropriated for the fiscal year under subsections (a)(1)(B) 
     and (b)(1)(B) of section 10.
       ``(C) Limitation on availability of funds.--Of the amount 
     authorized by section 10(c)(2)(B), not more than $10,000,000 
     shall be made available until the date on which the features 
     authorized by section 8(a) are operational and meet the 
     objectives of section 8(a), as determined by the Secretary 
     and the State of North Dakota.'';
       (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.''.

                               H.R. 3892

                         Offered By: Mr. Riggs

       Amendment No. 7: Page 13, after line 18, insert the 
     following:
       ``(E) Developing tutoring programs for English language 
     learners that provide early intervention and intensive 
     instruction in order to improve academic achievement, to 
     increase graduation rates among English language learners, 
     and to prepare students for transition as soon as possible 
     into classrooms where instruction is not tailored for English 
     language learners or immigrant children and youth.
       Page 13, line 19, strike ``(E)'' and insert ``(F)''.

                               H.R. 3892

                         Offered By: Mr. Riggs

       Amendment No. 8: Page 17, line 17, strike ``and''
       Page 17, line 19, strike the period at the end and insert 
     ``; and''.
       Page 17, after line 19, insert the following:
       ``(C) the number and percentage of students in the programs 
     and activities mastering the English language by the end of 
     each school year.
       Page 19, after line 2, insert the following:
       ``(4) Evaluation measures.--In prescribing the form of an 
     evaluation provided by an entity under paragraph (1), a State 
     shall approve evaluation measures for use under paragraph (3) 
     that are designed to assess--
       ``(A) oral language proficiency in kindergarten;
       ``(B) oral language proficiency, including speaking and 
     listening skills, in first grade; and
       ``(C) both oral language proficiency, including speaking 
     and listening skills, and reading and writing proficiency in 
     grades two and higher.

                               H.R. 3892

                         Offered By: Mr. Riggs

       Amendment No. 9: Page 19, line 5, strike ``(b) and (c),'' 
     and insert ``(b), (c), and (d),''.
       Page 20, after line 13, insert the following:
       ``(d) Minimum Allotment.--
       ``(1) In general.--Notwithstanding subsections (a) through 
     (c), the Secretary shall not allot to any State, for fiscal 
     years 1999 through 2003, an amount that is less than 100 
     percent of the baseline amount for the State.
       ``(2) Baseline amount defined.--For purposes of this 
     subsection, the term `baseline amount', when used with 
     respect to a State, means the total amount received under 
     parts A and C of this title for fiscal year 1998 by the 
     State, the State educational agency, and all local 
     educational agencies of the State.
       ``(3) Ratable reduction.--If the amount available for 
     allotment under this section for any fiscal year is 
     insufficient to permit the Secretary to comply with paragraph 
     (1), the Secretary shall ratably reduce the allotments to all 
     States for such year.
       Page 20, line 14, strike ``(d)'' and insert ``(e)''.
       Page 20, line 24, strike ``(e)'' and insert ``(f)''.

                               H.R. 3892

                         Offered By: Mr. Scott

       Amendment No. 10: Beginning on page 29, strike line 3 
     through page 30, line 10.
       Page 30, line 11, strike ``7406.'' and insert ``7404.''.

                               H.R. 3892

                    Offered By: Mr. Young of Alaska

       Amendment No. 11: Page 25, strike line 9.

[[Page H7294]]

       Page 25, line 13, strike ``and'' and insert ``or''.
       Page 25, after line 13, insert the following:
       ``(iii) is a Native American or Alaska Native or who is a 
     native resident of the outlying areas and comes from an 
     environment where a language other than English has had a 
     significant impact on such individual's level of English 
     language proficiency, except that, for purposes of 
     subsections (a) and (d) of section 7124, an individual 
     described in section 7112(a), who is served by a person 
     considered to be a local educational agency under such 
     section, shall not be considered an English language learner; 
     and

                               H.R. 4380

                         Offered By: Ms. Norton

       Amendment No. 1: Page 8, line 22, insert ``(increased by 
     $573,000)'' after ``$164,144,000''.
       Page 8, line 23, insert ``(increased by $573,000)'' after 
     ``$136,485,000''.
       Page 9, line 4, insert after ``purposes:'' the following: 
     ``Provided further, That $573,000 of such amount shall be for 
     Advisory Neighborhood Commissions established pursuant to 
     section 738 of the District of Columbia Home Rule Act''.

                               H.R. 4380

                         Offered By: Ms. Norton

       Amendment No. 2: Page 42, line 3, strike ``funds'' and 
     insert ``Federal funds''.

                               H.R. 4380

                         Offered By: Ms. Norton

       Amendment No. 3: Page 57, strike line 20 and all that 
     follows through page 58, line 2 (and redesignate the 
     succeeding provisions accordingly).

                               H.R. 4380

                         Offered By: Ms. Norton

       Amendment No. 4: Page 58, strike lines 3 through 5 (and 
     redesignate the succeeding provision accordingly).