Page:United States Statutes at Large Volume 114 Part 5.djvu/325

 PUBLIC LAW 106-554—APPENDIX D 114 STAT. 2763A-285 areas) that are not located in the Hudson Bay/Devils Lake drainage basin or James River drainage basin. "(4) PUMPING POWER.— Irrigation development authorized by this section shall be considered authorized units of the Pick-Sloan Missouri Basin Program and eligible to receive project pumping power. "(5) PRINCIPAL SUPPLY WORKS. —The Secretary shall maintain the Snake Creek Pumping Plant, New Rockford Canal, and McClusky Canal features of the principal supply works. Subject to the provisions of section (8) of this Act, the Secretary shall select a preferred alternative to implement the Dakota Water Resources Act of 2000. In making this selection, one of the alternatives the Secretary shall consider is whether to connect the principal supply works in existence on the date of enactment."; (2) by redesignating subsections (d), (e), and (f) as subsections (b), (c), and (d), respectively; (3) in the first sentence of subsection (b) (as redesignated by paragraph (2)), by striking "(a)(1)" and inserting "(a)"; (4) in the first sentence of subsection (c) (as redesignated by paragraph (2)), by striking "Lucky Moimd (7,700 acres). Upper Six Mile Creek (7,500 acres)" and inserting "Lucky Mound (7,700 acres) and Upper Six Mile Creek (7,500 acres), or such other lands at Fort Berthold of equal acreage as may be selected by the tribe and approved by the Secretary,"; and (5) by adding at the end the following: " (e) IRRIGATION REPORT TO CONGRESS. — "(1) IN GENERAL. — The Secretary shall investigate and prepare a detailed report on the undesignated 28,000 acres in subsection (a)(3) as to costs and benefits for any irrigation units to be developed under Reclamation law. "(2) FINDING.— The report shall include a finding on the economic, financial and engineering feasibility of the proposed irrigation unit, but shall be limited to the undesignated 28,000 acres. "(3) AUTHORIZATION. — If the Secretary finds that the proposed construction is feasible, such irrigation units are authorized without further Act of Congress. " (4) DOCUMENTATION.— No expenditure for the construction of facilities authorized under this section shall be made until after the Secretary, in cooperation with the State of North Dakota, has prepared the appropriate documentation in accordance with section 1 and pursuant to the National Environmental PoHcy Act of 1969 (42 U.S.C. 4321 et seq.) analyzing the direct and indirect impacts of implementing the report.". SEC. 606. POWER. Section 6 of Public Law 89-108 (79 Stat. 435; 100 Stat. 421) is amended— (1) in subsection (b)— (A) by striking "Notwithstanding the provisions of and inserting "Pursuant to the provisions of; and (B) by striking "revenues," and all that follows and inserting "revenues."; and (2) by striking subsection (c) and inserting the following: " (c) No INCREASE IN RATES OR EFFECT ON REPAYMENT METH- ODOLOGY. — In accordance with the last sentence of section 302(a)(3)

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