Text: S.1694 — 106th Congress (1999-2000)All Information (Except Text)

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Public Law No: 106-566 (12/23/2000)

 
[106th Congress Public Law 566]
[From the U.S. Government Printing Office]


<DOC>
[DOCID: f:publ566.106]


[[Page 2817]]

                     RECLAMATION AND WATER RESOURCES

[[Page 114 STAT. 2818]]

Public Law 106-566
106th Congress

                                 An Act


 
   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 
RESOURCES STUDY

SEC. 101. <<NOTE: 43 USC 390h note.>> SHORT TITLE.

    This title may be cited as the ``Hawaii Water Resources Act of 
2000''.

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.

    (b) Reports.--
            (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 
                Representatives.
            (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 
Hawaii''.
    (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, 
        2005''.

    (b) Assistance for Drought-Related Planning in Reclamation States.--
Such Act is further amended by adding at the end of title I the 
following:
``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 
FACILITIES
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 
and policy.
    (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 
Conveyance Act''.

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 
        Services District''.
            (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; 
        and
            (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 
property.

         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 
Conveyance Act''.

SEC. 502. DEFINITIONS.

    In this title:
            (1) Bureau.--The term ``Bureau'' means the Bureau of 
        Reclamation.
            (2) District.--The term ``District'' means the Foresthill 
        Public Utility District, a political subdivision of the State of 
        California.
            (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, 
        consisting of--
                    (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. 
                615).
            (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 
District.
    (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 
        extinguished.

    (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 
MANAGEMENT

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 
        tailwater;
            (B) assist in groundwater recharge efforts to alleviate 
        overdraft and land subsidence; or
            (C) construct, restore, or preserve wetland and riparian 
        habitat; and
            (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 
        California.

    (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 
        title;
            (2) 100 percent of any operation, maintenance, and 
        replacement and rehabilitation costs with respect to such a 
        project; and
            (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 
thereto.

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 
                County, Arizona.
                    (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 
        States.

    (c) Consideration.--
            (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 
Port Authority.
    (h) Definitions.--
            (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 
        benefits;
            (2) the gates had to be significantly modified in 1982 
        because of damage resulting from a large ice block causing 
        excessive pressure on the hydraulic system, causing the system 
        to fail;
            (3) since 1991, the City has received its water supply from 
        the Southwest Water Authority, which provides much higher 
        quality water from the Southwest Pipeline Project;
            (4) the City now receives almost no benefit from the bascule 
        gates because the City does not require the additional water 
        provided by the bascule gates for its municipal water supply;
            (5) the City has repaid more than $1,200,000 to the United 
        States for the construction of the bascule gates, and has been 
        working for several years to reach an agreement with the Bureau 
        of Reclamation to alter its repayment contract;
            (6) the City has a longstanding commitment to improving the 
        water quality and recreation value of the reservoir and

[[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, 
        North Dakota.
            (3) Dam.--The term ``Dam'' means Dickinson Dam on the Heart 
        River, North Dakota.
            (4) Lake.--The term ``Lake'' means the reservoir known as 
        ``Patterson Lake'' in the State of North Dakota.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Commissioner of the Bureau 
        of Reclamation.

SEC. 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 
other purposes.

    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.

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