Overview
Title
To amend Public Law 89β108 to modify the authorization of appropriations for State and Tribal, municipal, rural, and industrial water supplies, and for other purposes.
ELI5 AI
H.R. 9554 is a bill that wants to give money to different water projects in North Dakota and on some Native American reservations to help make water better and easier to get. It changes the rules about how money can be moved around between projects but some people worry it might not be fair to everyone.
Summary AI
H.R. 9554, known as the "Dakota Water Resources Act Amendments of 2024," seeks to modify the authorization of funding for water supply projects in the United States, particularly in North Dakota. The bill outlines specific amounts of money, adjusted for inflation, for several water treatment and distribution projects, including the Northwest Area Water Supply Biota Water Treatment Plant, McClusky Canal, Missouri River North Alternative, and Southwest Pipeline Project. Additionally, it specifies funds for rural water systems on various Indian reservations, and allows funds to be reallocated among projects with certain limitations. The bill also addresses cost indexing to account for changes in construction costs over time.
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AnalysisAI
General Summary of the Bill
H.R. 9554 is a proposed amendment to an existing law, Public Law 89-108, focusing on modifying how funding is allocated for various water supply projects. These projects include rural, municipal, industrial, and tribal water services. Specifically, the bill outlines new monetary authorizations and the transfer of funds among selected projects in North Dakota. Additionally, the legislation addresses indexing these allocations to account for standard construction cost fluctuations. The bill also introduces minor amendments to prior sections of the law concerning the Natural Resources Trust.
Summary of Significant Issues
Several significant issues arise in connection with this bill. Firstly, there is a provision that allows for financial flexibility through transfers among projects, which could lead to concerns about favoritism and unequal distribution of funds. Limiting these transfers to a 50% increase of initial amounts might mitigate some risks, but it still raises potential for perceived bias.
The language regarding construction cost indexing is vague, potentially allowing for subjective interpretation. This lack of specificity could lead to inconsistent financial oversight. Additionally, the substantial allocations for tribal and rural water systems, though arguably necessary, might be perceived as unfair, focusing resources on selected areas without a clear justification for the exclusion of other regions.
The bill also relies heavily on referencing prior legislation, without providing accessible explanations or context to those unfamiliar with its legal history. This approach can obscure transparency, complicating public understanding and engagement.
Impact on the Public and Specific Stakeholders
The bill's proposed changes might have broad impacts on water infrastructure development, especially in North Dakota. By securing additional funds for major water projects, the bill aims to bolster water access in municipal, rural, and tribal areas. If effectively implemented, these changes could enhance water service delivery, directly benefiting communities through improved infrastructure.
However, the bill's approach to funding allocation could spark public debate, especially if certain regions appear prioritized over others without clear justification. Stakeholders, such as tribal communities, might experience positive impacts due to increased resources for water system development. On the other hand, communities or regions not explicitly addressed by the funds might feel neglected, potentially leading to discontent or calls for more equitable resource distribution.
Overall, while the legislation aims to address critical water service needs, its execution must be carefully managed to ensure transparency, fairness, and accountability, thus fostering trust and support from all impacted stakeholders.
Financial Assessment
Commentary on Financial References in H.R. 9554
Summary of Financial Allocations
H.R. 9554, known as the "Dakota Water Resources Act Amendments of 2024," proposes several financial allocations aimed at supporting various water projects. The bill lays out specific financial appropriations for multiple initiatives aimed at improving water supply infrastructure. The key financial provisions include:
- $120,000,000 for the completion of the Northwest Area Water Supply Biota Water Treatment Plant and Pump Station Project.
- $454,000,000 for the completion of the McClusky Canal and Missouri River North Alternative for the Eastern North Dakota Alternate Water Supply Project.
- $50,000,000 for upgrades to the Southwest Pipeline Project.
- $63,000,000 for water treatment and rural distribution expansion for North Dakota rural water districts.
In addition to these allocations, the bill appropriates a total of $743,000,000 to be distributed among various rural water systems on Indian reservations. Specific allocations include:
- $118,000,000 for the Spirit Lake Rural Water System.
- $275,000,000 for the Three Affiliated Tribes Rural Water System.
- $240,000,000 for the Standing Rock Rural Water System.
- $98,000,000 for the Turtle Mountain Rural Water System.
- $12,000,000 for the Lake Traverse Rural Water System.
These funds are set to be indexed to allow for changes in construction costs over time.
Issues Related to Financial Allocations
Flexibility and Favoritism Concerns
One significant issue with the bill's financial allocations is the potential for favoritism or unequal distribution of funds. The bill allows for the flexibility to transfer funds between different projects, but limits any single project's budget increase to 50 percent. While this could enable efficient allocation, it also opens the door to favoritism, as certain projects might be prioritized over others without a public rationale.
Indexing Ambiguities
The bill introduces the concept of "indexing" funds to account for ordinary fluctuations in construction costs, described as using "engineering cost indices applicable for the type of construction involved." This language could lead to subjective interpretation and uneven application, affecting the transparency and accountability of financial oversight.
Focus on Specific Areas
Although there is an evident necessity to focus resources on tribal and rural water systems, the bill's concentrated financial allocations to specific areas may raise questions about the rationale behind such decisions. The exclusion of other areas without a clear justification might lead to perceptions of favoritism or bias, especially if stakeholders feel that their regional needs are overlooked.
Complexity and Transparency
H.R. 9554 refers to numerous statutory changes without extensive context or explanation, potentially causing confusion among the public and stakeholders. The financial allocations, tied closely to these statutory amendments, require a more transparent explanation to ensure they are understood by those not familiar with legislative specifics.
Overall, while the Dakota Water Resources Act Amendments of 2024 set out significant financial investments in water infrastructure, addressing the identified issues related to favoritism, transparency, and clarity will be crucial for its successful implementation and reception.
Issues
Section 2 raises concerns about potential favoritism and unequal distribution of funds due to the provision that allows transfers among projects, with a limitation of only a 50% increase in initial amounts. This flexibility might lead to certain projects being favored over others, introducing inefficiencies and perceived bias.
The vague language regarding 'indexing' for construction cost fluctuations in Section 2 ('as indicated by engineering cost indices applicable for the type of construction involved') could lead to subjective interpretation and uneven application, affecting financial oversight and accountability.
Section 2's allocation of significant funding for tribal and rural water systems, although possibly necessary, could be perceived as disproportionately focusing resources on specific areas without clear rationale for excluding others, leading to concerns of discrimination or favoritism.
The bill contains numerous statutory references and amendments, particularly in Section 2, without sufficient context or explanation, which could result in confusion and lack of transparency for both stakeholders and the general public who are unfamiliar with prior legislation.
Section 3 does not provide adequate context or detail about the amendments to the Natural Resources Trust, which makes it difficult for stakeholders to assess the potential impacts, raising concerns about transparency and accountability.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The first section mentions that the short title of this legislation is the "Dakota Water Resources Act Amendments of 2024."
2. Authorization of appropriations for State and Tribal, municipal, rural, and industrial water service Read Opens in new tab
Summary AI
The section amends Public Law 89-108 to authorize and detail funding allocations for various water service projects, including the Northwest Area Water Supply and several rural water systems in North Dakota. It allows for the transfer of funds among projects and requires indexing of amounts to account for construction cost changes, with certain constraints on spending limits.
Money References
- Section 10 of Public Law 89β108 (79 Stat. 433; 100 Stat. 424; 106 Stat. 4669; 114 Stat. 2763Aβ291) is amendedβ (1) in subsection (b)β (A) in paragraph (1)β (i) by redesignating subparagraph (C) as subparagraph (D); and (ii) by inserting after subparagraph (B) the following: β(C) OTHER AMOUNTS.β β(i) IN GENERAL.βSubject to clause (ii), in addition to the amounts made available under subparagraphs (A) and (B), there are authorized to be appropriated to carry out section 7(a)β β(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; β(II) $454,000,000, 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; β(III) $50,000,000, as indexed, for the Southwest Pipeline Project to complete the supplementary raw water intake pump station, main transmission line upgrades, strategic hydraulic improvements, and rural distribution expansion; and β(IV) $63,000,000, as indexed, for North Dakota rural water districts for water treatment and rural distribution expansion. β(ii) TRANSFERS.βAny 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.β; and (B) in paragraph (2)β (i) by redesignating subparagraph (C) as subparagraph (D); and (ii) by inserting after subparagraph (B) the following: β(C) OTHER AMOUNTS.
- β(i) IN GENERAL.βIn 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.
- β(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.
- β(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.
- β(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.
- β(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.
- β(V) Not more than $12,000,000, as indexed, shall be made available to the Secretary to complete the Lake Traverse Rural Water System within the Lake Traverse Indian Reservation.
- β(iii) FEASIBILITY STUDIES.βOf the amounts made available under clause (i), the Secretary may use such sums as are necessary to fund feasibility studies, to be completed not later than 2 years after the date of enactment of the Dakota Water Resources Act Amendments of 2024, that identify the features necessary to complete each of the rural water systems described in clause (ii), as determined by the Secretary.β; (2) in subsection (c)(2), by striking subparagraph (B) and inserting the following: β(B) $75,000,000 to carry out section 11, to remain available until expended.β; and (3) by striking subsection (e) and inserting the following: β(e) Indexing.
- β β(1) IN GENERAL.βThe $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. β(2) OTHER AMOUNTS.βThe funds authorized under subsections (b)(1)(C) 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 2024, as indicated by engineering cost indices applicable for the type of construction involved.
3. Natural Resources Trust Read Opens in new tab
Summary AI
The section amends a prior law (Public Law 89β108) by updating a specific part to include an additional reference. It changes the text to add a new section, β(b)(1)(C)β, to an existing clause.