Text: S.1694 — 106th Congress (1999-2000)All Information (Except Text)
Public Law No: 106-566 (12/23/2000)
[106th Congress Public Law 566]
[From the U.S. Government Printing Office]
RECLAMATION AND WATER RESOURCES
[[Page 114 STAT. 2818]]
Public Law 106-566
To direct the Secretary of the Interior to conduct a study on the
reclamation and reuse of water and wastewater in the State of Hawaii,
and for other purposes. <<NOTE: Dec. 23, 2000 - [S. 1694]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
TITLE <<NOTE: Hawaii Water Resources Act of 2000.>> I--HAWAII WATER
SEC. 101. <<NOTE: 43 USC 390h note.>> SHORT TITLE.
This title may be cited as the ``Hawaii Water Resources Act of
SEC. 102. DEFINITIONS.
In this title:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) State.--The term ``State'' means the State of Hawaii.
SEC. 103. HAWAII WATER RESOURCES STUDY.
(a) In General.--The Secretary, acting through the Commissioner of
Reclamation and in accordance with the provisions of this title and
existing legislative authorities as may be pertinent to the provisions
of this title, including: The Act of August 23, 1954 (68 Stat. 773,
chapter 838), authorizing the Secretary to investigate the use of
irrigation and reclamation resource needs for areas of the islands of
Oahu, Hawaii, and Molokai in the State of Hawaii; section 31 of the
Hawaii Omnibus Act (43 U.S.C. 422l) authorizing the Secretary to develop
reclamation projects in the State under the Act of August 6, 1956 (70
Stat. 1044, chapter 972; 42 U.S.C. 422a et seq.) (commonly known as the
``Small Reclamation Projects Act''); and the amendment made by section
207 of the Hawaiian Home Lands Recovery Act (109 Stat. 364; 25 U.S.C.
386a) authorizing the Secretary to assess charges against Native
Hawaiians for reclamation cost recovery in the same manner as charges
are assessed against Indians or Indian tribes; is authorized and
directed to conduct a study that includes--
(1) a survey of the irrigation and other agricultural water
delivery systems in the State;
(2) an estimation of the cost of repair and rehabilitation
of the irrigation and other agricultural water delivery systems;
(3) an evaluation of options and alternatives for future use
of the irrigation and other agricultural water delivery systems
(including alternatives that would improve the use and
[[Page 114 STAT. 2819]]
conservation of water resources and would contribute to
agricultural diversification, economic development, and
improvements to environmental quality); and
(4) the identification and investigation of opportunities
for recycling, reclamation, and reuse of water and wastewater
for agricultural and nonagricultural purposes.
(1) <<NOTE: Deadline.>> In general.--Not later than 2 years
after appropriation of funds authorized by this title, the
Secretary shall submit a report that describes the findings and
recommendations of the study described in subsection (a) to--
(A) the Committee on Energy and Natural Resources of
the Senate; and
(B) the Committee on Resources of the House of
(2) Additional reports.--The Secretary shall submit to the
committees described in paragraph (1) any additional reports
concerning the study described in subsection (a) that the
Secretary considers to be necessary.
(c) Cost Sharing.--Costs of conducting the study and preparing the
reports described in subsections (a) and (b) of this section shall be
shared between the Secretary and the State. The Federal share of the
costs of the study and reports shall not exceed 50 percent of the total
cost, and shall be nonreimbursable. The Secretary shall enter into a
written agreement with the State, describing the arrangements for
payment of the non-Federal share.
(d) Use of Outside Contractors.--The Secretary is authorized to
employ the services and expertise of the State and/or the services and
expertise of a private consultant employed under contract with the State
to conduct the study and prepare the reports described in this section
if the State requests such an arrangement and if it can be demonstrated
to the satisfaction of the Secretary that such an arrangement will
result in the satisfactory completion of the work authorized by this
section in a timely manner and at a reduced cost.
(e) Authorization of Appropriations.--There are authorized to be
appropriated $300,000 for the Federal share of the activities authorized
under this title.
SEC. 104. WATER RECLAMATION AND REUSE.
(a) Section 1602(b) of the Reclamation Wastewater and Groundwater
Study and Facilities Act (43 U.S.C. 390h(b)) is amended by inserting
before the period at the end the following: ``, and the State of
(b) The Secretary is authorized to use the authorities available
pursuant to section 1602(b) of the Reclamation Wastewater and
Groundwater Study and Facilities Act (43 U.S.C. 390h(b)) to conduct the
relevant portion of the study and preparation of the reports authorized
by this title if the use of such authorities is found by the Secretary
to be appropriate and cost-effective, and provided that the total
Federal share of costs for the study and reports does not exceed the
amount authorized in section 103.
[[Page 114 STAT. 2820]]
TITLE II--DROUGHT RELIEF
SEC. 201. DROUGHT RELIEF.
(a) Relief for Hawaii.--Section 104 of the Reclamation States
Emergency Drought Relief Act of 1991 (43 U.S.C. 2214) is amended--
(1) in subsection (a), by inserting after ``Reclamation
State'' the following: ``and in the State of Hawaii''; and
(2) in subsection (c), by striking ``ten years after the
date of enactment of this Act'' and inserting ``on September 30,
(b) Assistance for Drought-Related Planning in Reclamation States.--
Such Act is further amended by adding at the end of title I the
``SEC. 105. <<NOTE: 43 USC 2215.>> ASSISTANCE FOR DROUGHT-RELATED
PLANNING IN RECLAMATION STATES.
``(a) In General.--The Secretary may provide financial assistance in
the form of cooperative agreements in States that are eligible to
receive drought assistance under this title to promote the development
of drought contingency plans under title II.
``(b) <<NOTE: Deadline.>> Report.--Not later than one year after
the date of the enactment of the Hawaii Water Resources Act of 2000, the
Secretary shall submit to the Congress a report and recommendations on
the advisability of providing financial assistance for the development
of drought contingency plans in all entities that are eligible to
receive assistance under title II.''.
TITLE III--CITY OF <<NOTE: California.>> ROSEVILLE PUMPING PLANT
SEC. 301. CITY OF ROSEVILLE PUMPING PLANT FACILITIES: CREDIT FOR
INSTALLATION OF ADDITIONAL PUMPING PLANT
FACILITIES IN ACCORDANCE WITH AGREEMENT.
(a) In General.--The Secretary shall credit an amount up to
$1,164,600, the precise amount to be determined by the Secretary through
a cost allocation, to the unpaid capital obligation of the City of
Roseville, California (in this section referred to as the ``City''), as
such obligation is calculated in accordance with applicable Federal
reclamation law and Central Valley Project rate setting policy, in
recognition of future benefits to be accrued by the United States as a
result of the City's purchase and funding of the installation of
additional pumping plant facilities in accordance with a letter of
agreement with the United States numbered 5-07-20-X0331 and dated
January 26, 1995. The Secretary shall simultaneously add an equivalent
amount of costs to the capital costs of the Central Valley Project, and
such added costs shall be reimbursed in accordance with reclamation law
(b) Effective Date.--The credit under subsection (a) shall take
effect upon the date on which--
(1) the City and the Secretary have agreed that the
installation of the facilities referred to in subsection (a) has
been completed in accordance with the terms and conditions of
the letter of agreement referred to in subsection (a); and
[[Page 114 STAT. 2821]]
(2) the Secretary has issued a determination that such
facilities are fully operative as intended.
TITLE <<NOTE: Clear Creek Distribution System Conveyance
Act. California.>> IV--CLEAR CREEK DISTRIBUTION SYSTEM CONVEYANCE
SEC. 401. SHORT TITLE.
This title may be cited as the ``Clear Creek Distribution System
SEC. 402. DEFINITIONS.
For purposes of this title:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) District.--The term ``District'' means the Clear Creek
Community Services District, a California community services
district located in Shasta County, California.
(3) Agreement.--The term ``Agreement'' means Agreement No.
8-07-20-L6975 entitled ``Agreement Between the United States and
the Clear Creek Community Services District to Transfer Title to
the Clear Creek Distribution System to the Clear Creek Community
(4) Distribution system.--The term ``Distribution System''
means all the right, title, and interest in and to the Clear
Creek distribution system as defined in the Agreement.
SEC. 403. CONVEYANCE OF DISTRIBUTION SYSTEM.
In consideration of the District accepting the obligations of the
Federal Government for the Distribution System, the Secretary shall
convey the Distribution System to the District pursuant to the terms and
conditions set forth in the Agreement.
SEC. 404. RELATIONSHIP TO EXISTING OPERATIONS.
Nothing in this title shall be construed to authorize the District
to construct any new facilities or to expand or otherwise change the use
or operation of the Distribution System from its authorized purposes
based upon historic and current use and operation. Effective upon
transfer, if the District proposes to alter the use or operation of the
Distribution System, then the District shall comply with all applicable
laws and regulations governing such changes at that time.
SEC. 405. RELATIONSHIP TO CERTAIN CONTRACT OBLIGATIONS.
Conveyance of the Distribution System under this title--
(1) shall not affect any of the provisions of the District's
existing water service contract with the United States (contract
number 14-06-200-489-IR3), as it may be amended or supplemented;
(2) shall not deprive the District of any existing
contractual or statutory entitlement to subsequent interim
renewals of such contract or to renewal by entering into a long-
term water service contract.
SEC. 406. LIABILITY.
Effective on the date of conveyance of the Distribution System under
this title, the United States shall not be liable under any law for
damages of any kind arising out of any act, omission,
[[Page 114 STAT. 2822]]
or occurrence based on its prior ownership or operation of the conveyed
TITLE <<NOTE: Sugar Pine Dam and Reservoir Conveyance
Act. California.>> V--SUGAR PINE DAM AND RESERVOIR CONVEYANCE
SEC. 501. SHORT TITLE.
This title may be cited as the ``Sugar Pine Dam and Reservoir
SEC. 502. DEFINITIONS.
In this title:
(1) Bureau.--The term ``Bureau'' means the Bureau of
(2) District.--The term ``District'' means the Foresthill
Public Utility District, a political subdivision of the State of
(3) Project.--The term ``Project'' means the improvements
(and associated interests) authorized in the Foresthill Divide
Subunit of the Auburn-Folsom South Unit, Central Valley Project,
(A) Sugar Pine Dam;
(B) the right to impound waters behind the dam;
(C) the associated conveyance system, holding
reservoir, and treatment plant;
(D) water rights;
(E) rights of the Bureau described in the agreement
of June 11, 1985, with the Supervisor of Tahoe National
Forest, California; and
(F) other associated interests owned and held by the
United States and authorized as part of the Auburn-
Folsom South Unit under Public Law 89-161 (79 Stat.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) Water services contract.--The term ``Water Services
Contract'' means Water Services Contract #14-06-200-3684A, dated
February 13, 1978, between the District and the United States.
SEC. 503. CONVEYANCE OF THE PROJECT.
(a) In General.--As soon as practicable after date of the enactment
of this Act and in accordance with all applicable law, the Secretary
shall convey all right, title, and interest in and to the Project to the
(b) Sale Price.--Except as provided in subsection (c), on payment by
the District to the Secretary of $2,772,221--
(1) the District shall be relieved of all payment
obligations relating to the Project; and
(2) all debt under the Water Services Contract shall be
(c) Mitigation and Restoration Payments.--The District shall
continue to be obligated to make payments under section 3407(c) of the
Central Valley Project Improvement Act (106 Stat. 4726) through 2029.
[[Page 114 STAT. 2823]]
SEC. 504. RELATIONSHIP TO EXISTING OPERATIONS.
(a) In General.--Nothing in this title significantly expands or
otherwise affects the use or operation of the Project from its current
use and operation.
(b) Right To Occupy and Flood.--On the date of the conveyance under
section 503, the Chief of the Forest Service shall grant the District
the right to occupy and flood portions of land in Tahoe National Forest,
subject to the terms and conditions stated in an agreement between the
District and the Supervisor of the Tahoe National Forest.
(c) <<NOTE: Regulations.>> Changes in Use or Operation.--If the
District changes the use or operation of the Project, the District shall
comply with all applicable laws (including regulations) governing the
change at the time of the change.
SEC. 505. FUTURE BENEFITS.
On payment of the amount under section 503(b)--
(1) the Project shall no longer be a Federal reclamation
project or a unit of the Central Valley Project; and
(2) the District shall not be entitled to receive any
further reclamation benefits.
SEC. 506. LIABILITY.
Except as otherwise provided by law, effective on the date of
conveyance under section 503, the United States shall not be liable for
damages of any kind arising out of any act, omission, or occurrence
based on its prior ownership or operation of the Project.
SEC. 507. COSTS.
To the extent that costs associated with the Project are included as
a reimbursable cost of the Central Valley Project, the Secretary is
directed to exclude all costs in excess of the amount of costs repaid by
the District from the pooled reimbursable costs of the Central Valley
Project until such time as the Project has been operationally integrated
into the water supply of the Central Valley Project. Such excess costs
may not be included into the pooled reimbursable costs of the Central
Valley Project in the future unless a court of competent jurisdiction
determines that operation integration is not a prerequisite to the
inclusion of such costs pursuant to Public Law 89-161.
TITLE <<NOTE: Colusa Basin Watershed Integrated Resources Management
Act. California.>> VI--COLUSA BASIN WATERSHED INTEGRATED RESOURCES
SEC. 601. SHORT TITLE.
This title may be cited as the ``Colusa Basin Watershed Integrated
Resources Management Act''.
SEC. 602. AUTHORIZATION OF ASSISTANCE.
The Secretary of the Interior (in this title referred to as the
``Secretary''), acting within existing budgetary authority, may provide
financial assistance to the Colusa Basin Drainage District, California
(in this title referred to as the ``District''), for use by the District
or by local agencies acting pursuant to section 413
[[Page 114 STAT. 2824]]
of the State of California statute known as the Colusa Basin Drainage
Act (California Stats. 1987, ch. 1399) as in effect on the date of the
enactment of this Act (in this title referred to as the ``State
statute''), for planning, design, environmental compliance, and
construction required in carrying out eligible projects in the Colusa
Basin Watershed to--
(1)(A) reduce the risk of damage to urban and agricultural
areas from flooding or the discharge of drainage water or
(B) assist in groundwater recharge efforts to alleviate
overdraft and land subsidence; or
(C) construct, restore, or preserve wetland and riparian
(2) capture, as an incidental purpose of any of the purposes
referred to in paragraph (1), surface or stormwater for
conservation, conjunctive use, and increased water supplies.
SEC. 603. PROJECT SELECTION.
(a) Eligible Projects.--A project shall be an eligible project for
purposes of section 602 only if it is--
(1) consistent with the plan for flood protection and
integrated resources management described in the document
entitled ``Draft Programmatic Environmental Impact Statement/
Environmental Impact Report and Draft Program Financing Plan,
Integrated Resources Management Program for Flood Control in the
Colusa Basin'', dated May 2000; and
(2) carried out in accordance with that document and all
environmental documentation requirements that apply to the
project under the laws of the United States and the State of
(b) Compatibility Requirement.--The Secretary shall ensure that
projects for which assistance is provided under this title are not
inconsistent with watershed protection and environmental restoration
efforts being carried out under the authority of the Central Valley
Project Improvement Act (Public Law 102-575; 106 Stat. 4706 et seq.) or
the CALFED Bay-Delta Program.
SEC. 604. COST SHARING.
(a) Non-Federal Share.--The Secretary shall require that the
District and cooperating non-Federal agencies or organizations pay--
(1) 25 percent of the costs associated with construction of
any project carried out with assistance provided under this
(2) 100 percent of any operation, maintenance, and
replacement and rehabilitation costs with respect to such a
(3) 35 percent of the costs associated with planning,
design, and environmental compliance activities.
(b) Planning, Design, and Compliance Assistance.--Funds appropriated
pursuant to this title may be made available to fund 65 percent of costs
incurred for planning, design, and environmental compliance activities
by the District or by local agencies acting pursuant to the State
statute, in accordance with agreements with the Secretary.
(c) Treatment of Contributions.--For purposes of this section, the
Secretary shall treat the value of lands, interests in lands (including
rights-of-way and other easements), and necessary
[[Page 114 STAT. 2825]]
relocations contributed by the District to a project as a payment by the
District of the costs of the project.
SEC. 605. COSTS NONREIMBURSABLE.
Amounts expended pursuant to this title shall be considered
nonreimbursable for purposes of the Act of June 17, 1902 (32 Stat. 388;
43 U.S.C. 371 et seq.), and Acts amendatory thereof and supplemental
SEC. 606. AGREEMENTS.
Funds appropriated pursuant to this title may be made available to
the District or a local agency only if the District or local agency, as
applicable, has entered into a binding agreement with the Secretary--
(1) under which the District or the local agency is required
to pay the non-Federal share of the costs of construction
required by section 604(a); and
(2) governing the funding of planning, design, and
compliance activities costs under section 604(b).
SEC. 607. REIMBURSEMENT.
For project work (including work associated with studies, planning,
design, and construction) carried out by the District or by a local
agency acting pursuant to the State statute in section 602 before the
date amounts are provided for the project under this title, the
Secretary shall, subject to amounts being made available in advance in
appropriations Acts, reimburse the District or the local agency, without
interest, an amount equal to the estimated Federal share of the cost of
such work under section 604.
SEC. 608. COOPERATIVE AGREEMENTS.
(a) In General.--The Secretary may enter into cooperative agreements
and contracts with the District to assist the Secretary in carrying out
the purposes of this title.
(b) Subcontracting.--Under such cooperative agreements and
contracts, the Secretary may authorize the District to manage and let
contracts and receive reimbursements, subject to amounts being made
available in advance in appropriations Acts, for work carried out under
such contracts or subcontracts.
SEC. 609. RELATIONSHIP TO RECLAMATION REFORM ACT OF 1982.
Activities carried out, and financial assistance provided, under
this title shall not be considered a supplemental or additional benefit
for purposes of the Reclamation Reform Act of 1982 (96 Stat. 1263; 43
U.S.C. 390aa et seq.).
SEC. 610. APPROPRIATIONS AUTHORIZED.
Within existing budgetary authority and subject to the availability
of appropriations, the Secretary is authorized to expend up to
$25,000,000, plus such additional amount, if any, as may be required by
reason of changes in costs of services of the types involved in the
District's projects as shown by engineering and other relevant indexes
to carry out this title. Sums appropriated under this section shall
remain available until expended.
[[Page 114 STAT. 2826]]
TITLE VII-- <<NOTE: Arizonia.>> CONVEYANCE TO YUMA PORT AUTHORITY
SEC. 701. CONVEYANCE OF LANDS TO THE GREATER YUMA PORT AUTHORITY.
(a) Authority To Convey.--
(1) In general.--The Secretary of the Interior, acting
through the Bureau of Reclamation, may, in the 5-year period
beginning on the date of the enactment of this Act and in
accordance with the conditions specified in subsection (b)
convey to the Greater Yuma Port Authority the interests
described in paragraph (2).
(2) Interests described.--The interests referred to in
paragraph (1) are the following:
(A) All right, title, and interest of the United
States in and to the lands comprising Section 23,
Township 11 South, Range 24 West, G&SRBM, Lots 1-4,
NE\1/4\, N\1/2\ NW\1/4\, excluding lands located within
the 60-foot border strip, in Yuma County, Arizona.
(B) All right, title, and interest of the United
States in and to the lands comprising Section 22,
Township 11 South, Range 24 West, G&SRBM, East 300 feet
of Lot 1, excluding lands located within the 60-foot
border strip, in Yuma County, Arizona.
(C) All right, title, and interest of the United
States in and to the lands comprising Section 24,
Township 11 South, Range 24 West, G&SRBM, West 300 feet,
excluding lands in the 60-foot border strip, in Yuma
(D) All right, title, and interest of the United
States in and to the lands comprising the East 300 feet
of the Southeast Quarter of Section 15, Township 11
South, Range 24 West, G&SRBM, in Yuma County, Arizona.
(E) The right to use lands in the 60-foot border
strip excluded under subparagraphs (A), (B), and (C),
for ingress to and egress from the international
boundary between the United States and Mexico.
(b) Deed Covenants and Conditions.--Any conveyance under subsection
(a) shall be subject to the following covenants and conditions:
(1) A reservation of rights-of-way for ditches and canals
constructed or to be constructed by the authority of the United
States, this reservation being of the same character and scope
as that created with respect to certain public lands by the Act
of August 30, 1890 (26 Stat. 391; 43 U.S.C. 945), as it has
been, or may hereafter be amended.
(2) A leasehold interest in Lot 1, and the west 100 feet of
Lot 2 in Section 23 for the operation of a Cattle Crossing
Facility, currently being operated by the Yuma-Sonora Commercial
Company, Incorporated. The lease as currently held contains
24.68 acres, more or less. Any renewal or termination of the
lease shall be by the Greater Yuma Port Authority.
(3) Reservation by the United States of a 245-foot perpetual
easement for operation and maintenance of the 242 Lateral Canal
and Well Field along the northern boundary of the East 300 feet
of Section 22, Section 23, and the West 300 feet
[[Page 114 STAT. 2827]]
of Section 24 as shown on Reclamation Drawing Nos. 1292-303-
3624, 1292-303-3625, and 1292-303-3626.
(4) A reservation by the United States of all rights to the
ground water in the East 300 feet of Section 15, the East 300
feet of Section 22, Section 23, and the West 300 feet of Section
24, and the right to remove, sell, transfer, or exchange the
water to meet the obligations of the Treaty of 1944 with the
Republic of Mexico, and Minute Order No. 242 for the delivery of
salinity controlled water to Mexico.
(5) A reservation of all rights-of-way and easements
existing or of record in favor of the public or third parties.
(6) A right-of-way reservation in favor of the United States
and its contractors, and the State of Arizona, and its
contractors, to utilize a 33-foot easement along all section
lines to freely give ingress to, passage over, and egress from
areas in the exercise of official duties of the United States
and the State of Arizona.
(7) Reservation of a right-of-way to the United States for a
100-foot by 100-foot parcel for each of the Reclamation
monitoring wells, together with unrestricted ingress and egress
to both sites. One monitoring well is located in Lot 1 of
Section 23 just north of the Boundary Reserve and just west of
the Cattle Crossing Facility, and the other is located in the
southeast corner of Lot 3 just north of the Boundary Reserve.
(8) An easement comprising a 50-foot strip lying North of
the 60-foot International Boundary Reserve for drilling and
operation of, and access to, wells.
(9) A reservation by the United States of \15/16\ of all
gas, oil, metals, and mineral rights.
(10) A reservation of \1/16\ of all gas, oil, metals, and
mineral rights retained by the State of Arizona.
(11) Such additional terms and conditions as the Secretary
considers appropriate to protect the interests of the United
(1) In general.--As consideration for the conveyance under
subsection (a), the Greater Yuma Port Authority shall pay the
United States consideration equal to the fair market value on
the date of the enactment of this Act of the interest conveyed.
(2) Determination.--For purposes of paragraph (1), the fair
market value of any interest in land shall be determined taking
into account that the land is undeveloped, that 80 acres is
intended to be dedicated to use by the United States for Federal
governmental purposes, and that an additional substantial
portion of the land is dedicated to public right-of-way,
highway, and transportation purposes.
(d) Use.--The Greater Yuma Port Authority and its successors shall
use the interests conveyed solely for the purpose of the construction
and operation of an international port of entry and related activities.
(e) Compliance With Laws.--Before the date of the conveyance,
actions required with respect to the conveyance under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), the National
Historic Preservation Act (16 U.S.C. 470 et seq.), and other applicable
Federal laws must be completed at no cost to the United States.
[[Page 114 STAT. 2828]]
(f) Use of 60-Foot Border Strip.--Any use of the 60-foot border
strip shall be made in coordination with Federal agencies having
authority with respect to the 60-foot border strip.
(g) Description of Property.--The exact acreage and legal
description of property conveyed under this section, and of any right-
of-way that is subject to a right of use conveyed pursuant to subsection
(a)(2)(E), shall be determined by a survey satisfactory to the
Secretary. The cost of the survey shall be borne by the Greater Yuma
(1) 60-foot border strip.--The term ``60-foot border strip''
means lands in any of the Sections of land referred to in this
Act located within 60 feet of the international boundary between
the United States and Mexico.
(2) Greater yuma port authority.--The term ``Greater Yuma
Port Authority'' means Trust No. 84-184, Yuma Title & Trust
Company, an Arizona Corporation, a trust for the benefit of the
Cocopah Tribe, a Sovereign Nation, the County of Yuma, Arizona,
the City of Somerton, and the City of San Luis, Arizona, or such
other successor joint powers agency or public purpose entity as
unanimously designated by those governmental units.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Bureau of Reclamation.
TITLE <<NOTE: Dickinson Dam Bascule Gates Settlement Act of 2000. North
Dakota.>> VIII--DICKINSON DAM BASCULE GATES SETTLEMENT
SEC. 801. SHORT TITLE.
This title may be cited as the ``Dickinson Dam Bascule Gates
Settlement Act of 2000''.
SEC. 802. FINDINGS.
The 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
(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
(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
[[Page 114 STAT. 2829]]
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. 803. DEFINITIONS.
In this title:
(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,
(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
SEC. 804. 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.
[[Page 114 STAT. 2830]]
(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
Approved December 23, 2000.
LEGISLATIVE HISTORY--S. 1694:
HOUSE REPORTS: No. 106-857 (Comm. on Resources).
SENATE REPORTS: No. 106-234 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 146 (2000):
Apr. 13, considered and passed Senate.
Oct. 24, considered and passed House, amended.
Dec. 7, Senate concurred in House amendments.