Page:United States Statutes at Large Volume 114 Part 5.djvu/328

 114 STAT. 2763A-288 PUBLIC LAW 106-554—APPENDIX D Act of Congress. The Act of Congress referred to in this subparagraph must be an authorization bill, and shall not be a bill making appropriations. "(C) The Secretary may not commence construction on the feature until a master repayment contract or water service agreement consistent with this Act between the Secretary and the appropriate non-Federal entity has been executed. " (b) REPORT ON RED RIVER VALLEY WATER NEEDS AND OPTIONS. — "(1) IN GENERAL.— The Secretary of the Interior shall conduct a comprehensive study of the water quality and quantity needs of the Red River Valley in North Dakota and possible options for meeting those needs. "(2) NEEDS. —The needs addressed in the report shall include such needs as— "(A) municipal, rural, and industrial water supplies; "(B) water quality; "(C) aquatic environment; "(D) recreation; and "(E) water conservation measures. "(3) PROCESS. — In conducting the study, the Secretary through an open and public process shall solicit input from gubernatorial designees from States that may be affected by possible options to meet such needs as well as designees from other Federal agencies with relevant expertise. For any option that includes an out-of-basin solution, the Secretary shall consider the effect of the option on other States that may be affected by such option, as well as other appropriate considerations. Upon completion, a draft of the study shall be provided by the Secretary to such States and Federal agencies. Such States and agencies shall be given not less than 120 days to review and comment on the study method, findings and conclusions leading to any alternative that may have an impact on such States or on resources subject to such Federal agencies' jurisdiction. The Secretary shall receive and take into consideration any such comments and produce a final report and transmit the final report to Congress. "(4) LIMITATION.—No design or construction of any feature or features that facilitate an out-of-basin transfer from the Missouri River drainage basin shall be authorized under the provisions of this subsection. " (c) ENVIRONMENTAL IMPACT STATEMENT.— "(1) IN GENERAL.—Nothing in this section shall be construed to supersede any requirements under the National Environmental Policy Act or the Administrative Procedures Act. ' "(2) DRAFT. — "(A) DEADLINE.— Pursuant to an agreement between the Secretary and State of North Dakota as authorized under section 1(g), not later thsin 1 year after the date of enactment of the Dakota Water Resources Act of 2000, the Secretary and the State of North Dakota shall jointly prepare and complete a draft environmental impact statement concerning all feasible options to meet the comprehensive water quality and quantity needs of the Red River Valley and the options for meeting those needs, including

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