[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2387 Introduced in Senate (IS)]
108th CONGRESS
2d Session
S. 2387
To amend the Water Resources Development Act of 1999 to direct the
Secretary of the Army to provide assistance to design and construct a
project to provide a continued safe and reliable municipal water supply
system for Devils Lake, North Dakota.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 5, 2004
Mr. Conrad (for himself and Mr. Dorgan) introduced the following bill;
which was read twice and referred to the Committee on Environment and
Public Works
_______________________________________________________________________
A BILL
To amend the Water Resources Development Act of 1999 to direct the
Secretary of the Army to provide assistance to design and construct a
project to provide a continued safe and reliable municipal water supply
system for Devils Lake, North Dakota.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SUPPLY SYSTEM FOR DEVILS LAKE, NORTH DAKOTA.
(a) In General.--The Water Resources Development Act of 1999
(Public Law 106-53; 113 Stat. 269) is amended by inserting after
section 597 the following:
``SEC. 598. DEVILS LAKE, NORTH DAKOTA.
``(a) Definition of Project.--In this section, the term `project'
means a project to provide a continued safe and reliable municipal
water supply system for Devils Lake, North Dakota.
``(b) Local Cooperation Agreement.--
``(1) In general.--Subject to paragraph (2), the Secretary
shall enter into a local cooperation agreement with the non-
Federal interest to provide assistance in designing and
constructing the project.
``(2) Responsibility for design work.--At the option of the
non-Federal interest, the non-Federal interest may complete the
design work for the project.
``(3) NEPA.--The Secretary shall comply with all applicable
requirements under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) before beginning construction on
the project.
``(4) Requirements.--The local cooperation agreement
entered into under this subsection shall provide for--
``(A) the development by local officials of a water
supply project and related facilities, including
appropriate engineering plans and specifications; and
``(B) the establishment of such legal and
institutional structures as are necessary to ensure the
effective long-term operation of the project by the
non-Federal interest.
``(5) Cost sharing.--
``(A) In general.--The local cooperation agreement
shall provide that the Federal share of the cost of the
project--
``(i) shall be 75 percent; and
``(ii) may be in the form of grants or
reimbursements of project costs.
``(B) Credit for design and engineering work.--The
non-Federal interest shall receive credit, not to
exceed 6 percent of the total construction costs of the
project, for the reasonable costs of design and
engineering work completed by the non-Federal interest
before entering into a local cooperation agreement with
the Secretary under this subsection for the project.
``(C) Credit for interest.--In case of a delay in
the funding of the Federal share of the project costs,
the non-Federal interest shall receive credit for
reasonable interest incurred in providing the Federal
share of the cost of the project.
``(D) Credit for land, easements, and rights-of-
way.--The non-Federal interest shall receive credit,
not to exceed 25 percent of the total cost of the
project, for land, easements, rights-of-way, and
relocations toward the non-Federal share of project
costs (including all reasonable costs associated with
obtaining permits necessary for the construction,
operation, and maintenance of the project on publicly
owned or controlled land).
``(E) Operation and maintenance.--The non-Federal
share of operation and maintenance costs for the
project shall be 100 percent.
``(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $20,000,000, to remain available
until expended.''.
(b) Conforming Amendment.--The table of contents of the Water
Resources Development Act of 1999 (Public Law 106-53; 113 Stat. 269) is
amended by inserting after the item relating to section 597 the
following:
``Sec. 598. Devils Lake, North Dakota.''.
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