S. 4040

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4040 Introduced in Senate (IS)]

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119th CONGRESS
2d Session
S. 4040

To amend Public Law 89-108 to modify the authorization of 
appropriations for State and Tribal, municipal, rural, and industrial 
water supplies, and for other purposes.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

March 10, 2026

Mr. Hoeven (for himself, Mr. Padilla, and Mr. Cramer) introduced the 
following bill; which was read twice and referred to the Committee on 
Energy and Natural Resources

_______________________________________________________________________

A BILL

To amend Public Law 89-108 to modify the authorization of 
appropriations for State and Tribal, municipal, rural, and industrial 
water supplies, and for other purposes.

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 
Amendments of 2026''.

SEC. 2. AUTHORIZATION OF APPROPRIATIONS FOR STATE AND TRIBAL, 
MUNICIPAL, RURAL, AND INDUSTRIAL WATER SERVICE.

Section 10 of Public Law 89-108 (79 Stat. 433; 100 Stat. 424; 106 
Stat. 4669; 114 Stat. 2763A-291; 140 Stat. 74) is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) by redesignating subparagraph (D) as 
subparagraph (E); and
(ii) by inserting after subparagraph (C) 
the following:
``(D) Additional amounts for certain projects.--
``(i) In general.--Subject to clauses (ii) 
through (iv), in addition to the amounts made 
available under subparagraphs (A), (B), and 
(C), there are authorized to be appropriated to 
carry out section 7(a)--
``(I) $120,000,000, as indexed, to 
complete all phases of the Northwest 
Area Water Supply Biota Water Treatment 
Plant and Pump Station Project, as 
described in the record of decision 
dated August 21, 2015;
``(II) $404,000,000, as indexed, to 
complete the McClusky Canal and 
Missouri River North Alternative for 
the Eastern North Dakota Alternate 
Water Supply Project, as described in 
the record of decision issued by the 
Bureau of Reclamation on January 15, 
2021;
``(III) $50,000,000, as indexed, 
for the Southwest Pipeline Project to 
complete--
``(aa) the supplementary 
raw water intake and pump 
station described in the 
environmental assessment 
prepared by the Bureau of 
Reclamation entitled `Finding 
of No Significant Impact of 
Environmental Assessment for 
Southwest Pipeline Project, 
Oliver, Mercer, North Dunn 
Service Area in Southwest North 
Dakota' and dated April 2009;
``(bb) the main 
transmission line upgrades 
described in the final 
supplemental environmental 
assessment prepared by the 
Bureau of Reclamation entitled 
the `Final Supplemental 
Environmental Assessment for 
Partial Funding of Design and 
Construction of an Expansion 
Water Treatment Plant in the 
City of Dickinson, North Dakota 
and Associated Water 
Transmission Facilities in 
Southwest North Dakota' and 
dated February 2015;
``(cc) strategic hydraulic 
improvements; and
``(dd) rural distribution 
expansion; and
``(IV) $63,000,000, as indexed, for 
North Dakota rural water districts for 
water treatment and rural distribution 
expansion, to include the South Central 
Regional Water District North Burleigh 
Water Treatment Plant Expansion and 
Phase One of the Northeast North Dakota 
Long-Term Water Supply Project.
``(ii) Transfers.--Any amounts made 
available under any of subclauses (I) through 
(IV) of clause (i) may be transferred among the 
projects described in those subclauses, subject 
to the limitation that the initial amount 
authorized for any 1 project described in any 
of those subclauses may not be increased by 
more than 50 percent as a result of any 
transfers authorized under this clause.
``(iii) Final engineering reports.--Of the 
amounts made available under subclauses (III) 
and (IV) of clause (i), the Secretary may use 
such amounts as are necessary to complete the 
final engineering reports, to be completed not 
later than 2 years after the date of enactment 
of the Dakota Water Resources Act Amendments of 
2026, that determine the scope of, and identify 
the features necessary to complete, the 
projects described in those subclauses, as 
determined by the Secretary.''; and
(B) in paragraph (2)--
(i) by redesignating subparagraph (C) as 
subparagraph (D); and
(ii) by inserting after subparagraph (B) 
the following:
``(C) Other amounts.--
``(i) In general.--In addition to the 
amounts made available under subparagraphs 
(A)(ii) and (B), there is authorized to be 
appropriated to carry out section 7(d) 
$743,000,000, as indexed.
``(ii) Allocation.--The amount under clause 
(i) shall be allocated as follows:
``(I) Not more than $118,000,000, 
as indexed, shall be made available to 
the Secretary to complete the Spirit 
Lake Rural Water System within the Fort 
Totten Indian Reservation.
``(II) Not more than $275,000,000, 
as indexed, shall be made available to 
the Secretary to complete the Three 
Affiliated Tribes Rural Water System 
within the Fort Berthold Indian 
Reservation.
``(III) Not more than $240,000,000, 
as indexed, shall be made available to 
the Secretary to complete the Standing 
Rock Rural Water System within the 
Standing Rock Indian Reservation.
``(IV) Not more than $98,000,000, 
as indexed, shall be made available to 
the Secretary to complete the Turtle 
Mountain Rural Water System within the 
Turtle Mountain Indian Reservation.
``(V) $12,000,000, as indexed, 
shall be made available to the 
Secretary--
``(aa) to complete a 
feasibility study for the 
construction of a municipal, 
rural, and industrial water 
system to meet the drinking 
water needs of the Lake 
Traverse Rural Water System 
within the Lake Traverse Indian 
Reservation; and
``(bb) after completion of 
the feasibility study and a 
determination by the Secretary 
that the proposed project under 
item (aa) is technically and 
financially feasible in 
accordance with the reclamation 
laws, to begin construction of 
the municipal, rural, and 
industrial water system 
identified as the preferred 
alternative in the feasibility 
study.
``(iii) Final engineering reports.--Of the 
amounts made available under clause (i), the 
Secretary may use such amounts as are necessary 
to complete final engineering reports, to be 
completed not later than 2 years after the date 
of enactment of the Dakota Water Resources Act 
Amendments of 2026, that determine the scope 
of, and identify the features necessary to 
complete, each of the rural water systems 
described in subclauses (I) through (IV) of 
clause (ii), as determined by the Secretary.'';
(2) in subsection (c)(2), by striking subparagraph (B) and 
inserting the following:
``(B) $75,000,000 to carry out section 11, to 
remain available until expended.''; and
(3) by striking subsection (e) and inserting the following:
``(e) Indexing.--
``(1) In general.--The $200,000,000 amount under subsection 
(a)(1)(B), the $200,000,000 amount under subsection (b)(1)(B), 
and the funds authorized under subparagraphs (A) and (B) of 
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.
``(2) Additional amounts.--The $50,000,000 amount under 
subsection (a)(1)(C) shall be indexed as necessary to allow for 
ordinary fluctuations of construction costs incurred after the 
date of enactment of the Energy and Water Development and 
Related Agencies Appropriations Act, 2026, as indicated by 
engineering cost indices applicable for the type of 
construction involved.
``(3) Other amounts.--The funds authorized under 
subsections (b)(1)(D) and (b)(2)(C) 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 Amendments of 2026, as indicated by engineering 
cost indices applicable for the type of construction involved.
``(4) Other cost ceilings.--All other authorized cost 
ceilings under this Act shall remain unchanged.''.

SEC. 3. NATURAL RESOURCES TRUST.

Section 11(a)(2)(B) of Public Law 89-108 (79 Stat. 433; 100 Stat. 
424; 114 Stat. 2763A-292) is amended by striking ``and (b)(1)(B)'' and 
inserting ``, (b)(1)(B), and (b)(1)(D)''.
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