Shown Here:
Introduced in House (09/22/1999)

Dakota Water Resources Act of 1999 - Amends Federal provisions relating to the Garrison water diversion unit, North Dakota (part of the Pick-Sloan Missouri River Basin Program), to: (1) revise the stated purpose of offsetting the loss of farmland resulting from the construction of features of such Program to provide for offsetting such loss by means of a 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; and (2) authorize the State of North Dakota, jointly with the Secretary of the Interior, to construct such project within the State. Directs the Secretary to estimate the actual construction cost of unit facilities already in existence, as well as their annual operation, maintenance, and replacement costs. Makes the Secretary responsible for operation and maintenance (O&M;) costs of that portion of the capacity of such facilities that remain unused. Makes the State responsible for: (1) O&M; costs of the proportionate share of existing unit facilities that are used and for the full O&M; costs of any facility constructed; and (2) the cost of providing energy to authorized unit facilities. Requires the Secretary to enter into one or more contracts with North Dakota to carry out this Act, including O&M; of the completed unit facilities and design and construction of new facilities. Declares that the Secretary, prior to construction of any water systems authorized under this Act to deliver Missouri River water into the Hudson Bay Basin, must determine that adequate treatment can be provided to meet certain treaty requirements.

(Sec. 3) Revises provisions concerning unit operational costs to make nonreimbursable: (1) all fish and wildlife enhancement costs incurred in connection with waterfowl refuges or production areas, as well as wildlife conservation areas proposed for Federal or State administration; and (2) 50 percent of recreation area costs, if non-Federal public bodies assume the remainder of such costs. Provides for the determination of such non-Federal share.

Deauthorizes Taayer Reservoir and Lonetree Dam and Reservoir as project features.

(Sec. 4) Allows the calculation of interest during construction of a feature only until such feature is substantially complete, and regardless of whether it is placed into service.

(Sec. 5) Includes certain areas of North Dakota within the area in which the Secretary is authorized to develop irrigation facilities, but prohibits the development of any such facility in the Hudson Bay-Devils Lake Basin. Allows such developed irrigation to receive Pick-Sloan pumping power. Directs the Secretary to: (1) maintain the Snake Creek Pumping Plant, New Rockford Canal and McClusky Canal features of the principal supply works; (2) as appropriate, rehabilitate or complete such features consistent with the purposes of this Act; (3) select a preferred alternative to implementing this Act; and (4) in making this selection, consider, as one alternative, connecting to principal supply works already in existence. Requires the Secretary to investigate and report on an undesignated 28,000 acres of irrigation areas in North Dakota.

(Sec. 6) Prohibits any reallocation of project costs to Pick-Sloan customers.

(Sec. 7) Revises provisions authorizing the construction of municipal, rural, and industrial water systems in North Dakota to: (1) authorize the State to use Federal and non-Federal funds for grants or loans for such systems (provides for proceeds from loan repayments and any interest thereon to be treated as Federal funds); (2) make additional projects eligible for such funding; (3) authorize the State to develop and implement a water conservation program; (4) make nonreimbursable the costs of features constructed on the Missouri River by the Secretary of the Army before the date of enactment of this Act; and (5) add Turtle Mountain to the areas in which the Secretary is required to maintain necessary water systems.

(Sec. 8) Directs the Secretary to select and construct a feature or features to deliver Missouri River water to the Sheyenne River water supply and release facility. Directs the Secretary and the State to jointly report to Congress on the comprehensive water quality needs of the Red River Valley and options for meeting those needs. Requires environmental impact statements to be provided. Directs the Secretary to construct, operate, and maintain a Sheyenne River water supply and release feature capable of delivering a specified water supply for the cities of Fargo and Grand Forks and surrounding communities.

(Sec. 9) Directs the Secretary to enter into an agreement with the State to convey U.S. rights and interests in the Oakes Test Area.

(Sec. 10) Authorizes additional appropriations to carry out provisions added by this Act.

(Sec. 11) Directs the Secretary to make an annual Federal contribution from specified funds authorized under this Act to the Natural Resources Trust (previously named the Wetlands Trust), limiting such annual contribution to $12 million. Directs the Secretary to make additional annual contributions equal to five percent of the total amount appropriated for such Trust in a fiscal year. Adds to authorized Trust uses the enhancement, restoration, and management of grassland conservation and riparian areas. Adds to Trust authority the power to fund incentives for conservation practices by landowners.