[Congressional Record Volume 145, Number 165 (Friday, November 19, 1999)]
[Senate]
[Page S15164]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           DICKINSON DAM BASCULE GATES SETTLEMENT ACT OF 1999

  The Senate proceeded to consider the bill (S. 769) to provide a final 
settlement on certain debt owed by the city of Dickinson, North Dakota, 
for construction of the bascule gates on the Dickinson Dam, which had 
been reported from the Committee on Energy and Natural Resources, with 
an amendment; as follows:
  (The part of the bill intended to be sticken is shown in boldface 
brackets and the part of the bill intended to be inserted is shown in 
italic.)

                                 S. 769

       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 ``Dickinson Dam Bascule Gates 
     Settlement Act of 1999''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) in 1980 and 1981, the Bureau of Reclamation constructed 
     the bascule gates on top of the Dickinson Dam on the Heart 
     River, North Dakota, to provide additional water supply in 
     the reservoir known as Patterson Lake for the city of 
     Dickinson, North Dakota, and for additional flood control and 
     other benefits;
       (2) the gates had to be significantly modified in 1982 
     because of damage resulting from a large ice block causing 
     excessive pressure on the hydraulic system, causing the 
     system to fail;
       (3) since 1991, the City has received its water supply from 
     the Southwest Water Authority, which provides much higher 
     quality water from the Southwest Pipeline Project;
       (4) the City now receives almost no benefit from the 
     bascule gates because the City does not require the 
     additional water provided by the bascule gates for its 
     municipal water supply;
       (5) the City has repaid more than $1,200,000 to the United 
     States for the construction of the bascule gates, and has 
     been working for several years to reach an agreement with the 
     Bureau of Reclamation to alter its repayment contract;
       (6) the City has a longstanding commitment to improving the 
     water quality and recreation value of the reservoir and has 
     been working with the United States Geological Survey, the 
     North Dakota Department of Game and Fish, and the North 
     Dakota Department of Health to improve water quality; and
       (7) it is in the public interest to resolve this issue by 
     providing for a single payment to the United States in lieu 
     of the scheduled annual payments and for the termination of 
     any further repayment obligation.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Bascule gates.--The term ``bascule gates'' means the 
     structure constructed on the Dam to provide additional water 
     storage capacity in the Lake.
       (2) City.--The term ``City'' means the city of Dickinson, 
     North Dakota.
       (3) Dam.--The term ``Dam'' means Dickinson Dam on the Heart 
     River, North Dakota.
       (4) Lake.--The term ``Lake'' means the reservoir known as 
     ``Patterson Lake'' in the State of North Dakota.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Commissioner of the 
     Bureau of Reclamation.

     SEC. 4. FORGIVENESS OF DEBT.

       (a) In General.--The Secretary shall accept a 1-time 
     payment of $300,000 in lieu of the existing repayment 
     obligations of the City under the Bureau of Reclamation 
     Contract No. 9-07-60W0384, dated December 19, 1988, toward 
     which amount any payments made by the City to the Secretary 
     on or after June 2, 1998, shall be credited.
       (b) Ownership.--Title to the Dam and bascule gates shall 
     remain with the United States.
       [(c) Costs.--
       [(1) In general.--In consultation with the City and the 
     State of North Dakota, the Secretary shall reallocate 
     responsibility for the operation and maintenance costs of the 
     Dam and bascule gates.
       [(2) Consideration of benefits.--The reallocation of costs 
     shall reflect the fact that the benefits of the Dam and 
     bascule gates are mainly for flood control, recreation, and 
     fish and wildlife purposes.]
       (c) Costs.--(1) The Secretary shall enter into an agreement 
     with the City to allocate responsibilities for operation and 
     maintenance costs of the bascule gates as provided in this 
     subsection.
       (2) The City shall be responsible for operation and 
     maintenance costs of the bascule gates, up to a maximum 
     annual cost of $15,000. The Secretary shall be responsible 
     for all other costs.
       (d) Water Service Contracts.--The Secretary may enter into 
     appropriate water service contracts if the City or any other 
     person or entity seeks to use water from the Lake for 
     municipal water supply or other purposes.

  The committee amendment was agreed to.
  The bill (S. 769), as amended, was passed, as follows:

                                 S. 769

       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 ``Dickinson Dam Bascule Gates 
     Settlement Act of 1999''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) in 1980 and 1981, the Bureau of Reclamation constructed 
     the bascule gates on top of the Dickinson Dam on the Heart 
     River, North Dakota, to provide additional water supply in 
     the reservoir known as Patterson Lake for the city of 
     Dickinson, North Dakota, and for additional flood control and 
     other benefits;
       (2) the gates had to be significantly modified in 1982 
     because of damage resulting from a large ice block causing 
     excessive pressure on the hydraulic system, causing the 
     system to fail;
       (3) since 1991, the City has received its water supply from 
     the Southwest Water Authority, which provides much higher 
     quality water from the Southwest Pipeline Project;
       (4) the City now receives almost no benefit from the 
     bascule gates because the City does not require the 
     additional water provided by the bascule gates for its 
     municipal water supply;
       (5) the City has repaid more than $1,200,000 to the United 
     States for the construction of the bascule gates, and has 
     been working for several years to reach an agreement with the 
     Bureau of Reclamation to alter its repayment contract;
       (6) the City has a longstanding commitment to improving the 
     water quality and recreation value of the reservoir and has 
     been working with the United States Geological Survey, the 
     North Dakota Department of Game and Fish, and the North 
     Dakota Department of Health to improve water quality; and
       (7) it is in the public interest to resolve this issue by 
     providing for a single payment to the United States in lieu 
     of the scheduled annual payments and for the termination of 
     any further repayment obligation.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Bascule gates.--The term ``bascule gates'' means the 
     structure constructed on the Dam to provide additional water 
     storage capacity in the Lake.
       (2) City.--The term ``City'' means the city of Dickinson, 
     North Dakota.
       (3) Dam.--The term ``Dam'' means Dickinson Dam on the Heart 
     River, North Dakota.
       (4) Lake.--The term ``Lake'' means the reservoir known as 
     ``Patterson Lake'' in the State of North Dakota.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Commissioner of the 
     Bureau of Reclamation.

     SEC. 4. FORGIVENESS OF DEBT.

       (a) In General.--The Secretary shall accept a 1-time 
     payment of $300,000 in lieu of the existing repayment 
     obligations of the City under the Bureau of Reclamation 
     Contract No. 9-07-60W0384, dated December 19, 1988, toward 
     which amount any payments made by the City to the Secretary 
     on or after June 2, 1998, shall be credited.
       (b) Ownership.--Title to the Dam and bascule gates shall 
     remain with the United States.
       (c) Costs.--(1) The Secretary shall enter into an agreement 
     with the City to allocate responsibilities for operation and 
     maintenance costs of the bascule gates as provided in this 
     subsection.
       (2) The City shall be responsible for operation and 
     maintenance costs of the bascule gates, up to a maximum 
     annual cost of $15,000. The Secretary shall be responsible 
     for all other costs.
       (d) Water Service Contracts.--The Secretary may enter into 
     appropriate water service contracts if the City or any other 
     person or entity seeks to use water from the Lake for 
     municipal water supply or other purposes.

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