Overview
Title
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.
ELI5 AI
The bill wants to change the rules about how money is given to make sure people have water in different places like cities, small towns, and Native American communities. It talks about spending extra money to build things like water plants and pipes, and making sure the money can go where it's needed, even if that means moving it around a bit.
Summary AI
S. 4996 aims to amend Public Law 89–108 to adjust the authorization of funding for water supplies in State, Tribal, municipal, rural, and industrial areas. The bill specifically provides for additional appropriations, indexed for inflation, to complete various water projects in North Dakota, including treatment plants, pump stations, and rural water systems on Indian Reservations. It includes provisions for transferring funds among projects, conducting feasibility studies, and completing final engineering reports to ensure the projects' scope and requirements are fully identified. The legislation also includes measures to adjust the authorized funding amounts to account for changes in construction costs.
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AnalysisAI
The proposed legislation under discussion, titled the "Dakota Water Resources Act Amendments of 2024," seeks to amend existing law related to the allocation and appropriation of funds for water supply projects across states, tribal lands, and various rural areas. Introduced in the United States Congress, this bill appears silent on appropriations, focusing instead on modifying legal authorizations related to water resource management.
General Summary of the Bill
The overarching aim of the "Dakota Water Resources Act Amendments of 2024" is to amend Public Law 89-108 to modify the authorization of federal funds for water supply projects. Specifically, it authorizes funding for numerous water service projects within North Dakota. This includes completing phases of the Northwest Area Water Supply Project and expanding various rural water systems on several Indian reservations. The legislation provides for flexibility in transferring funds among these projects and mandates the adjustment of funds to reflect construction cost fluctuations.
Summary of Significant Issues
One significant issue raised by the bill is the flexibility allowed for transferring funds among projects. While this may enhance adaptability, it could also result in an uneven distribution of funds, inefficiencies, or even perceptions of favoritism if certain projects benefit disproportionately. Additionally, the authorization of a substantial $743,000,000 specifically for tribal water systems may lead to debates about resources being concentrated in particular areas at the possible exclusion of others, unless clearly justified.
Moreover, the bill's language around cost indexing for construction fluctuations is criticized for vagueness. This could open the door to subjective interpretation and inconsistent applications, leading to cost management challenges. The lack of clarity in the rationale or criteria behind specific dollar allocations raises similar concerns about arbitrariness or favoritism.
Finally, the references to past legislative statutes and the absence of clear definitions might alienate uninformed readers, rendering the bill less accessible and potentially complicating its practical interpretation.
Impact on the Public and Stakeholders
Broadly speaking, the public might view this bill as a concerted effort to address critical water supply needs, particularly in regions like North Dakota. By potentially improving infrastructure and availability of water services, the bill promises positive outcomes in terms of public health and regional development.
For specific stakeholders like tribal communities and residents of rural North Dakota, the potential benefits are considerable. Access to improved and expanded water services could bring enhancements in health, sanitation, and overall quality of life.
However, some stakeholders may be adversely impacted if the flexibility in fund allocation results in inefficiencies or biases favoring certain projects over others. Concerns about potential mismanagement or wasteful spending might also arise if construction costs escalate unchecked due to vague indexing guidelines.
In conclusion, while the "Dakota Water Resources Act Amendments of 2024" aim to improve water supply infrastructure, the perceived risks surrounding fairness, clarity, and fiscal responsibility could influence the bill's reception among various publics and stakeholders. Thorough explanations and transparent criteria for fund allocation would be crucial in addressing these challenges and improving the bill's effectiveness.
Financial Assessment
The legislation S. 4996 proposes amendments to Public Law 89–108, with a focus on authorizing additional funding for various water supply projects across selected regions, including State, Tribal, municipal, rural, and industrial areas. The financial references within the bill outline significant appropriations and highlight concerns tied to how these funds are allocated and managed.
Financial Summary and Allocations
The bill outlines specific appropriations aimed at completing several water projects in North Dakota. Notably, $120,000,000 is allocated for the Northwest Area Water Supply Biota Water Treatment Plant and Pump Station Project. Additionally, $454,000,000 is designated for the McClusky Canal and Missouri River North Alternative for the Eastern North Dakota Alternate Water Supply Project. Furthermore, $50,000,000 is earmarked for the Southwest Pipeline Project, with another $63,000,000 intended for North Dakota rural water districts focused on water treatment and distribution expansion.
In terms of tribal water systems, the bill authorizes a substantial $743,000,000 to various projects within Indian Reservations, including the Spirit Lake, Three Affiliated Tribes, Standing Rock, Turtle Mountain, and Lake Traverse.
Issues Related to Financial Allocations
Several concerns arise from the financial allocations within the bill. Firstly, the flexibility to transfer funds among projects up to a 50% increase could result in uneven distribution or favoritism among projects. This could lead to inefficiencies or an impression of inequitable resource allocation.
Moreover, the focus on tribal water systems with the allocation of $743,000,000 could attract scrutiny, as other areas might not be receiving similar attention or funding without clear justification or contemporary needs being addressed. The lack of a transparent rationale for these specific financial commitments might also cause perceptions of arbitrary allocations.
The provision for indexing amounts to account for construction cost fluctuations can introduce uncertainties. This allowance, while potentially justified by rising costs, lacks explicit boundaries or escalation criteria, risking subjective interpretations that could inflate project costs unnecessarily.
Ambiguities and Complexity
The legal text also incorporates references to past statutes and lacks detailed definitions for the precise applications of funds. Such complexity might result in ambiguities, leaving it challenging for stakeholders unfamiliar with legal and legislative histories to fully grasp the bill's financial implications. This scenario risks reductions in transparency and accountability, hindering straightforward assessment and understanding by the general public.
In conclusion, while S. 4996 provides critical appropriations for essential water projects, it raises issues tied to fund distribution, potential favoritism, and ambiguous language that require careful consideration and possibly clearer justifications to ensure equity and accountability in the use of public funds.
Issues
The provision in Section 2 allowing for transfers among projects with a limitation of not more than a 50% increase might introduce flexibility leading to uneven distribution of funds, potential inefficiencies, or perceived favoritism.
The authorization of $743,000,000 in Section 2 for tribal water systems could be seen as overly focusing resources on certain areas without contemporaneous justification for exclusion of other areas.
The language in Section 2 regarding indexing for construction cost fluctuations is somewhat vague and could lead to subjective interpretation or inconsistent application across projects.
Section 2 mentions numerous allocations and projects without clearly explaining the rationale or criteria for these specific dollar amounts, potentially leading to perceptions of arbitrary allocation or favoritism.
The use of complex references to past statutes and the lack of clear definitions in Section 2 could create ambiguities and make it difficult for uninformed readers to understand the legal context, leading to potential confusion.
The bill could potentially allow for wasteful spending due to increased costs over time without clear escalation limits, as seen in Section 2 where authorized amounts are indexed.
There is a lack of specificity in Section 3 regarding the modification of legal references, which raises questions about the impact and purpose of the changes, potentially affecting 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 89–108 (79 Stat. 433; 100 Stat. 424; 106 Stat. 4669; 114 Stat. 2763A–291) is amended— (1) in subsection (b)— (A) in paragraph (1)— (i) by redesignating subparagraph (C) as subparagraph (D); and (ii) by inserting after subparagraph (B) the following: “(C) OTHER AMOUNTS.— “(i) IN GENERAL.—Subject 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)— “(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) $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; “(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 “(IV) $63,000,000, as indexed, for North Dakota rural water districts for water treatment and rural distribution expansion. “(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.”; 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.
- “(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) 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.
- “(iii) FEASIBILITY STUDIES.—Of 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.”; (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) OTHER AMOUNTS.—The 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 89–108) by updating a specific part to include an additional reference. It changes the text to add a new section, “(b)(1)(C)”, to an existing clause.
1. Short title Read Opens in new tab
Summary AI
The section specifies the short title of the Act, stating that it can be referred to as 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 amendment to Section 10 of Public Law 89–108 authorizes specific amounts of federal funding for various water service projects in North Dakota, including rural water systems on several Indian reservations. It allows for the transfer of these funds among projects within certain limits and requires that some of the funds be used for completing final engineering reports, with the amounts adjusted for construction cost changes since the enactment of previous legislation.
Money References
- Section 10 of Public Law 89–108 (79 Stat. 433; 100 Stat. 424; 106 Stat. 4669; 114 Stat. 2763A–291) is amended— (1) in subsection (b)— (A) in paragraph (1)— (i) by redesignating subparagraph (C) as subparagraph (D); and (ii) by inserting after subparagraph (B) the following: “(C) OTHER AMOUNTS.— “(i) IN GENERAL.—Subject to clauses (ii) through (iv), in addition to the amounts made available under subparagraphs (A) and (B), 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) $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; “(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. “
- — “(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) Not more than $12,000,000, as indexed, shall be made available to the Secretary to complete a feasibility study for the construction of a rural water system to meet the drinking water needs of the Lake Traverse Rural Water System within the Lake Traverse Indian Reservation.
- “(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 2024, 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.
3. Natural Resources Trust Read Opens in new tab
Summary AI
The section modifies a part of an existing law by adding a new reference, making it include an extra section, labeled "(b)(1)(C)".