[Congressional Record (Bound Edition), Volume 146 (2000), Part 16]
[Senate]
[Pages 22724-22733]
[From the U.S. Government Publishing Office, www.gpo.gov]



                   DAKOTA WATER RESOURCES ACT OF 1999

  The Senate proceeded to consider the bill (S. 623) 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, which had been reported from the Committee on 
Energy and Natural Resources, with amendments, as follows:
  (The parts of the bill intended to be stricken are shown in boldface 
brackets and the parts of the bill intended to be inserted are shown in 
italic.)

                                 S. 623

       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 1999''.

     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 1999)'' 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 1999; 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 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.]

[[Page 22725]]

       ``(3) Operation and maintenance costs.--Except as otherwise 
     provided in this Act or Reclamation Law--
       ``(A) The Secretary shall be responsible for the costs of 
     operation and maintenance of the proportionate share of unit 
     facilities in existence on the date of enactment of the 
     Dakota Water Resources Act of 1999 attributable to the 
     capacity of the facilities (including mitigation facilities) 
     that remain unused;
       ``(B) The State of North Dakota shall be responsible for 
     costs of operation and maintenance of the proportionate share 
     of existing unit facilities that are used and shall be 
     responsible for the full costs of operation and maintenance 
     of any facility constructed after the date of enactment of 
     the Dakota Water Resources Act of 1999; and
       ``(C) The State of North Dakota shall be responsible for 
     the costs of providing energy to authorized unit facilities.
       ``(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').]
       ``(1) Delivery of water into the hudson bay basin.--Prior 
     to construction of any water systems authorized under this 
     Act to deliver Missouri River water into the Hudson Bay 
     basin, the Secretary, in consultation with the Secretary of 
     State and the Administrator of the Environmental Protection 
     Agency, must determine that adequate treatment can be 
     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 (26 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 1999, 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 1999.'';]
       ``(5) Principal supply works.--The Secretary shall maintain 
     the Snake Creek Pumping Plant, New Rockford Canal, and 
     McClusky Canal features of the principal supply works. As 
     appropriate, the Secretary shall rehabilitate or complete 
     such features consistent with the purposes of this Act. 
     Subject to the provisions of sections (8)(c) and (8)(d)(1) of 
     this Act, the Secretary shall select a preferred alternative 
     to implement the Dakota Water Resources Act of 1999. In 
     making this section, one of the alternatives the Secretary 
     shall consider is whether to connect the principal supply 
     works in existence on the date of enactment.'';
       (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

[[Page 22726]]

     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 
     economic, 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 of 1999 
     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. 
     Proceeds from loan repayments and any interest thereon shall 
     be treated as Federal funds.''; 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 1999 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 1999, 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;
       ``(B) ground water recharge; and
       ``(C) 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 1999, 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 1999, 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

[[Page 22727]]

     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)] 4739) is amended--
       (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
       (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 ``for carrying out section 5(e) of this 
     Act'' and inserting ``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.''] $200,000,000.''; 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)(1), $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 1999, 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] $200,000,000 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 
     1999 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.''

  The committee amendments were agreed to.
  The amendment (No. 4317) was agreed to, as follows:

       On page 10, beginning on line 14, strike the sentence that 
     begins ``If the features selected under section 8''.

[[Page 22728]]

       On page 13, line 2, strike the sentence that begins ``As 
     appropriate, the Secretary shall rehabilitate or complete''.
       On page 13, line 5, strike ``Sections 8(c) and 8(d)(1)'' 
     and insert ``section 8''.
       Beginning on Page 18, strike line 17 and all that follows 
     through Page 23, line 4, and insert the following:

     SEC. 8. SPECIFIC FEATURES.

       (a) Sykeston Canal.--Sykeston Canal is hereby deauthorized.
       (b) 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 Protect.--
       ``(1) In general.--Subject to the requirements of this 
     section, the Secretary shall construct a feature or features 
     to provide 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 or features 
     shall be designed and constructed to meet only the following 
     water supply requirements as identified in the report 
     prepared pursuant to subsection (b) of this section: 
     municipal, rural, and industrial water supply needs; ground 
     water recharge; and streamflow augmentation.
       ``(3) Commencement of construction.--
       ``(A) If the Secretary selects a project feature under this 
     section that would provide water from the Missouri River or 
     its tributaries to the Sheyenne River water supply and 
     release facility or from the Missouri River or its 
     tributaries to such other conveyance facility as the 
     Secretary selects under this section, no later than 90 days 
     after the completion of the final environmental impact 
     statement, the Secretary shall transmit to Congress a 
     comprehensive report which provides--
       ``(i) a detailed description of the proposed project 
     feature;
       ``(ii) a summary of major issues addressed in the 
     environmental impact statement;
       ``(iii) likely effects, if any, on other States bordering 
     the Missouri River and on the State of Minnesota; and
       ``(iv) a description of how the project feature complies 
     with the requirements of section 1(h)(1) of this Act 
     (relating to the Boundary Waters Treaty of 1909).
       ``(B) No project feature or features that would provide 
     water from the Missouri River or its tributaries to the 
     Sheyenne River water supply and release facility or from the 
     Missouri River or its tributaries to such other conveyance 
     facility as the Secretary selects under this section shall be 
     constructed unless such feature is specifically authorized by 
     an Act of Congress approved subsequent to the Secretary's 
     transmittal of the report required in paragraph (A). If, 
     after complying with subsections (b) through (d) of this 
     section, the Secretary selects a feature or features using 
     only in-basin sources of water to meet the water needs of the 
     Red River Valley identified in subsection (b), such features 
     are authorized without further Act of Congress. The Act of 
     Congress referred to in this subparagraph must be an 
     authorization bill, and shall not be a bill making 
     appropriations.
       ``(C) 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 Options.--
       (1) In general.--The Secretary of the Interior shall 
     conduct a comprehensive study of the water quality and 
     quantity needs of the Red River Valley in North Dakota and 
     possible options for meeting those needs.
       (2) Needs.--The needs addressed in the report shall include 
     such needs as--
       (A) municipal, rural, and industrial water supplies;
       (B) water quality;
       (C) aquatic environment;
       (D) recreation; and
       (E) water conservation measures.
       (3) Process.--In conducting the study, the Secretary 
     through an open and public process shall solicit input from 
     gubernatorial designees from states that may be affected by 
     possible options to meet such needs as well as designees from 
     other federal agencies with relevant expertise. For any 
     option that includes an out-of-basin solution, the Secretary 
     shall consider the effect of the option on other states that 
     may be affected by such option, as well as other appropriate 
     considerations. Upon completion, a draft of the study shall 
     be provided by the Secretary to such states and federal 
     agencies. Such states and agencies shall be given not less 
     than 120 days to review and comment on the study method, 
     findings and conclusions leading to any alternative that may 
     have an impact on such states or on resources subject to such 
     federal agencies' jurisdiction. The Secretary shall receive 
     and take into consideration any such comments and produce a 
     final report and transmit the final report to Congress.
       (4) Limitation.--No design or construction of any feature 
     or features that facilitate an out-of-basin transfer from the 
     Missouri River drainage basin shall be authorized under the 
     provisions of this subsection.
       (c) Environmental Impact Statement--
       (1) In general.--Nothing in this section shall be construed 
     to supersede any requirements under the National 
     Environmental Policy Act or the Administrative Procedures 
     Act.
       (2) Draft.--
       (A) Deadline.--Pursuant to an agreement between the 
     Secretary and 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 2000, 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 the delivery 
     of 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 2000, 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.
       (3) 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. The Secretary's 
     selection of an alternative shall be subject to judicial 
     review.
       (2) Agreements.--If the Secretary selects an option under 
     subparagraph (1) that uses only in-basin sources of water, 
     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. If the Secretary selects an 
     option under subparagraph (1) that would require a further 
     act of Congress under the provisions of subsection (a), not 
     later than 180 days after the date of enactment of 
     legislation required under subsection (a) the Secretary shall 
     enter into a cooperative agreement with the State of North 
     Dakota to construct the feature or features authorized by 
     that legislation.
       (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).
       (f) Devils Lake.--No funds authorized under this Act may be 
     used to carry out the portion of the feasibility study of the 
     Devils Lake basin, North Dakota, authorized under the Energy 
     and Water Development Appropriations Act of 1993 (Public Law 
     102-377), that addresses the needs of the area for stabilized 
     lake levels through inlet controls, or to otherwise study any 
     facility or carry out any activity that would permit the 
     transfer of water from the Missouri River drainage basin into 
     Devils Lake, North Dakota.
       Make the following technical amendments:
       Page 2, line 5, strike ``1999'' and insert ``2000''.
       Page 3, line 13, strike ``1999'' and insert ``2000''.
       Page 3, line 25, strike ``1999'' and insert ``2000''.
       Page 4, line 23, strike ``1999'' and insert ``2000''.
       Page 5, line 7, strike ``1999'' and insert ``2000''.
       Page 11, line 14, strike ``1999'' and insert ``2000''.
       Page 13, line 7, strike ``1999'' and insert ``2000''.
       Page 15, line 19, strike ``1999'' and insert ``2000''.
       Page 18, line 8, strike ``1999'' and insert ``2000''.
       Page 29, line 5, strike ``1999'' and insert ``2000''.
       Page 29, line 25, strike ``1999'' and insert ``2000''.

  Mr. DORGAN. Mr. President, I am pleased that today the Senate has 
passed S. 623, the Dakota Water Resources Act. My colleague from North 
Dakota, Senator Kent Conrad, and I

[[Page 22729]]

have worked on this legislation for quite some time. We have worked 
closely with others who have an interest in this bill and passage of S. 
623 today is a result of tireless negotiation between our delegation 
and the downstream states, especially Missouri and Minnesota. The 
compromise that the Senate adopted today strikes an important balance 
between meeting the water needs of North Dakota and protecting the 
needs of other states.
  This bill is essential to meeting the water needs of North Dakota. 
The bill, as amended, will provide authorization for the development of 
municipal, rural, and industrial water projects across the State of 
North Dakota. The bill would also help to meet the water needs of the 
four Indian Reservations in the state.
  The Dakota Water Resources Act authorizes $631.5 million. This 
includes a $200 million authorization for municipal, rural and 
industrial water development and another $200 million authorization to 
meet the critical water needs of the four Indian reservations in the 
state. The Red River Valley water supply needs will also receive a $200 
millions authorization. The bill includes $25 million for a natural 
resources trust and $6.5 million for recreation projects in North 
Dakota. Mr. President, the Dakota Water Resources Act represents a 
responsible way for the federal government to fulfill their role in the 
state. It also represents a serious compromise on the part of North 
Dakota, while still meeting our highest priority water supply needs.
  The bill clearly lays out the process for meeting the water needs for 
the Red River Valley in eastern North Dakota. First, the Secretary of 
the Interior will identify these water needs and evaluate options for 
meeting them. The Department must submit a report on the needs and 
suggest possible solutions to the Congress. The Secretary is also 
required to complete an environmental impact statement, EIS, on the Red 
River Valley project and select the best option.
  In the event that the Secretary of the Interior determines that the 
best option includes a transfer of Missouri River water to meet the Red 
River Valley needs, then a further act of Congress authorizing that 
option must occur before construction of that feature or features could 
begin. This is a key provision that will allow all of our colleagues 
downstream to have input on such a proposal. However, if an in-basin 
source of water is chosen, then no further action is needed from 
Congress.
  This is a good bill that reflects hard work and compromise of many 
stakeholders all along the Missouri River. I am pleased that we were 
able to develop a win-win solution, that allows us to move forward in 
meeting the needs of North Dakotans while protecting the interests of 
those who are downstream. I am confident that this bill can be signed 
into law this year, and look forward to working with our friends in the 
other body to pass this bill and send it to the President for his 
signature.
 Mr. WELLSTONE. Mr. President, I rise to speak about S. 623, 
the Dakota Water Resources Act of 2000, as amended by this critical 
amendment currently pending before the Senate.
  Over the last two years, I have worked to preserve and protect 
Minnesota's precious water rights and resources, in consultation with a 
number of my Republican and Democratic colleagues, and to ensure that 
the concerns expressed about the original bill by those in my state 
were taken into account as this legislation was developed. While it 
does not resolve the roughest underlying issues--indeed it does not 
even attempt to resolve them--I believe this amendment takes into 
account those concerns, and I appreciate the willingness of my 
distinguished colleagues from North Dakota to accommodate their 
neighbors to the east.
  It is clear this legislation, as amended by Senators Bond, Conrad, 
and Dorgan, is a very different bill than the one which was originally 
introduced. While I, along with the State of Minnesota, had serious 
reservations about the original version, in the past year my office has 
conducted extensive consultations and discussions with Minnesota 
Department of Natural Resources water officials, who have indicated 
that the amended version of this legislation--at least the sections 
which apply to Minnesota interests--is a reasonable measure which meets 
their concerns. I agree that the key elements of this legislation, in 
which I have been most interested, will now simply provide for a 
comprehensive and unbiased review of the water quality and quantity 
needs of the Red River Valley, and of the environmental implications of 
any proposed water transfers--either within the basin or on an inter-
basin basis--and thus I have not objected, as I did to earlier 
requests, to bringing it to the Senate floor for consideration. There 
are other parts of the bill, as amended, which primarily affect 
existing or planned facilities in North Dakota, which have not raised 
concerns in my state.
  The amended bill does not pose the same concerns about biota 
transfer, inter-basin transfer, and water quality that I, and the State 
of Minnesota, had raised in forceful objection to the original 
legislation. In fact, it explicitly requires prior Congressional action 
and approval before any inter-basin transfer can be made. Under the 
bill, only after careful, reasoned study by the Secretary of the 
Interior--including extensive consultation with all of the interested 
stakeholders on the water quality and quantity needs of the Red River 
Valley, the various portions for meeting those needs, and the 
environmental implications of any further steps to address them--would 
Congress even consider an inter-basin transfer of water, which I and 
others would continue to oppose. Let me restate that, because it's 
important: this legislation would preclude any transfer of water from 
the Missouri River or its tributaries to the Red River Valley, unless 
specifically authorized by a future Act of Congress, thus allowing 
concerns of biota transfer, inter-basin transfers and water quality to 
be discussed and fairly resolved by all the parties involved 
beforehand.
  As many of my colleagues know, I have long opposed the original 
version of this legislation. I would continue to oppose any attempts to 
transfer water into the basin without adequate safeguards--if such 
safeguards can be devised, which is not at all clear. Many of my 
original concerns, and those of the state of Minnesota, including 
especially the Department of Natural Resources, remain about the 
detrimental environmental effects and potential adverse precedents of 
an inter-basin transfer. Even so, I recognize the real needs of our 
neighbors in North Dakota to resolve their continuing water problems, 
and I believe that the study provided for in this bill may help to 
further that effort. I believe this legislation represents a reasonable 
effort to move the process forward, while protecting the rights and 
resources of those in my state and elsewhere in the Upper Midwest. I 
commend my colleagues for their hard work and determination over these 
many years.
  The bill (S. 623), as amended, was read the third time and passed, as 
follows:

                                 S. 623

       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 2000''.

     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'';

[[Page 22730]]

       (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 2000)'' 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 2000; 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 the total capacity of the 
     project that is in actual use during the payment period.
       ``(3) Operation and maintenance costs.--Except as otherwise 
     provided in this Act or Reclamation Law--
       ``(A) The Secretary shall be responsible for the costs of 
     operation and maintenance of the proportionate share of unit 
     facilities in existence on the date of enactment of the 
     Dakota Water Resources Act of 2000 attributable to the 
     capacity of the facilities (including mitigation facilities) 
     that remain unused;
       ``(B) The State of North Dakota shall be responsible for 
     costs of operation and maintenance of the proportionate share 
     of existing unit facilities that are used and shall be 
     responsible for the full costs of operation and maintenance 
     of any facility constructed after the date of enactment of 
     the Dakota Water Resources Act of 2000; and
       ``(C) The State of North Dakota shall be responsible for 
     the costs of providing energy to authorized unit facilities.
       ``(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.--Prior 
     to construction of any water systems authorized under this 
     Act to deliver Missouri River water into the Hudson Bay 
     basin, the Secretary, in consultation with the Secretary of 
     State and the Administrator of the Environmental Protection 
     Agency, must determine that adequate treatment can be 
     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 (26 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.''.

     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 2000, 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) Principal supply works.--The Secretary shall maintain 
     the Snake Creek Pumping Plant, New Rockford Canal, and 
     McClusky Canal features of the principal supply works. 
     Subject to the provisions of section (8) of this Act, the 
     Secretary shall select a preferred alternative to implement 
     the Dakota Water Resources Act of 2000. In making this 
     section, one of the alternatives the Secretary shall consider 
     is whether to connect the principal supply works in existence 
     on the date of enactment.'';
       (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)'';

[[Page 22731]]

       (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 
     economic, 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 of 2000 
     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. 
     Proceeds from loan repayments and any interest thereon shall 
     be treated as Federal funds.''; 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 2000 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) Sykeston Canal.--Sykeston Canal is hereby deauthorized.
       (b) 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.--Subject to the requirements of this 
     section, the Secretary shall construct a feature or features 
     to provide 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 or features 
     shall be designed and constructed to meet only the following 
     water supply requirements as identified in the report 
     prepared pursuant to subsection (b) of this section: 
     Municipal, rural, and industrial water supply needs; ground 
     water recharge; and streamflow augmentation.
       ``(3) Commencement of construction.--(A) If the Secretary 
     selects a project feature under this section that would 
     provide water from the Missouri River or its tributaries to 
     the Sheyenne River water supply and release facility or from 
     the Missouri River or its tributaries to such other 
     conveyance facility as the Secretary selects under this 
     section, no later than 90 days after the completion of the 
     final environmental impact statement, the Secretary shall 
     transmit to Congress a comprehensive report which provides--
       ``(i) a detailed description of the proposed project 
     feature;
       ``(ii) a summary of major issues addressed in the 
     environmental impact statement;
       ``(iii) likely effects, if any, on other States bordering 
     the Missouri River and on the State of Minnesota; and
       ``(iv) a description of how the project feature complies 
     with the requirements of section 1(h)(1) of this Act 
     (relating to the Boundary Waters Treaty of 1909).
       ``(B) No project feature or features that would provide 
     water from the Missouri River or its tributaries to the 
     Sheyenne River water supply and release facility or from the 
     Missouri River or its tributaries to such other conveyance 
     facility as the Secretary selects under this section shall be 
     constructed unless such feature is specifically authorized by 
     an Act of Congress approved subsequent to the Secretary's 
     transmittal of the report required in subparagraph (A). If, 
     after complying with subsections (b) through (d) of this 
     section, the Secretary selects a feature or features using 
     only in-basin sources of water to meet the water needs of the 
     Red River Valley identified in subsection (b), such features 
     are authorized without further Act of Congress. The Act of 
     Congress referred to in this subparagraph must be an 
     authorization bill, and shall not be a bill making 
     appropriations.
       ``(C) 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 Options.--
       ``(1) In general.--The Secretary of the Interior shall 
     conduct a comprehensive study of the water quality and 
     quantity needs of the Red River Valley in North Dakota and 
     possible options for meeting those needs.
       ``(2) Needs.--The needs addressed in the report shall 
     include such needs as--
       ``(A) municipal, rural, and industrial water supplies;
       ``(B) water quality;
       ``(C) aquatic environment;
       ``(D) recreation; and
       ``(E) water conservation measures.
       ``(3) Process.--In conducting the study, the Secretary 
     through an open and public process shall solicit input from 
     gubernatorial designees from states that may be affected by 
     possible options to meet such needs as well as designees from 
     other federal agencies with relevant expertise. For any 
     option that includes an out-of-basin solution, the Secretary 
     shall consider the effect of the option on other states that 
     may be affected by such option, as well as other appropriate 
     considerations. Upon completion, a draft of the study shall 
     be provided by the Secretary to such states and federal 
     agencies. Such states and agencies shall be given not less 
     than 120 days to review and comment on the study method, 
     findings and conclusions leading to any alternative that may 
     have an impact on such states or on resources subject to such 
     federal agencies' jurisdiction. The Secretary shall receive 
     and take into consideration any such comments and produce a 
     final report and transmit the final report to Congress.
       ``(4) Limitation.--No design or construction of any feature 
     or features that facilitate an out-of-basin transfer from the 
     Missouri River drainage basin shall be authorized under the 
     provisions of this subsection.

[[Page 22732]]

       ``(c) Environmental Impact Statement.--
       ``(1) In general.--Nothing in this section shall be 
     construed to supersede any requirements under the National 
     Environmental Policy Act or the Administrative Procedures 
     Act.
       ``(2) Draft.--
       ``(A) Deadline.--Pursuant to an agreement between the 
     Secretary and 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 2000, 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 the delivery 
     of 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 2000, 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.
       ``(3) 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. The 
     Secretary's selection of an alternative shall be subject to 
     judicial review.
       ``(2) Agreements.--If the Secretary selects an option under 
     paragraph (1) that uses only in-basin sources of water, 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. If the Secretary selects an 
     option under paragraph (1) that would require a further act 
     of Congress under the provisions of subsection (a), not later 
     than 180 days after the date of enactment of legislation 
     required under subsection (a) the Secretary shall enter into 
     a cooperative agreement with the State of North Dakota to 
     construct the feature or features authorized by that 
     legislation.
       ``(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).
       ``(f) Devils Lake.--No funds authorized under this Act may 
     be used to carry out the portion of the feasibility study of 
     the Devils Lake basin, North Dakota, authorized under the 
     Energy and Water Development Appropriations Act of 1993 
     (Public Law 102-377), that addresses the needs of the area 
     for stabilized lake levels through inlet controls, or to 
     otherwise study any facility or carry out any activity that 
     would permit the transfer of water from the Missouri River 
     drainage basin into Devils Lake, North Dakota.''.

     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) is amended--
       (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
       (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 ``for carrying out section 5(e) of this 
     Act'' and inserting ``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) $200,000,000.''; 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)(1), $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

[[Page 22733]]

     substantially completed and features constructed before the 
     date of enactment of the Dakota Water Resources Act of 2000, 
     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 $200,000,000 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 2000 as 
     indicated by engineering cost indices applicable for the type 
     of construction involved. All other authorized cost ceilings 
     shall remain unchanged.''.

     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.''.
       (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.''

                          ____________________