[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1694 Enrolled Bill (ENR)]
S.1694
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
An Act
To direct the Secretary of the Interior to conduct a study on the
reclamation and reuse of water and wastewater in the State of Hawaii,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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This title may be cited as the ``Hawaii Water Resources Act of
2000''.

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TITLE I

-HAWAII WATER RESOURCES STUDY

In this title:
(1) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(2) State.--The term ``State'' means the State of Hawaii.

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(a) In General.--The Secretary, acting through the Commissioner of
Reclamation and in accordance with the provisions of this title and
existing legislative authorities as may be pertinent to the provisions
of this title, including: The Act of August 23, 1954 (68 Stat. 773,
chapter 838), authorizing the Secretary to investigate the use of
irrigation and reclamation resource needs for areas of the islands of
Oahu, Hawaii, and Molokai in the State of Hawaii; section 31 of the
Hawaii Omnibus Act (43 U.S.C. 422l) authorizing the Secretary to
develop reclamation projects in the State under the Act of August 6,
1956 (70 Stat. 1044, chapter 972; 42 U.S.C. 422a et seq.) (commonly
known as the ``Small Reclamation Projects Act''); and the amendment
made by section 207 of the Hawaiian Home Lands Recovery Act (109 Stat.
364; 25 U.S.C. 386a) authorizing the Secretary to assess charges
against Native Hawaiians for reclamation cost recovery in the same
manner as charges are assessed against Indians or Indian tribes; is
authorized and directed to conduct a study that includes--
(1) a survey of the irrigation and other agricultural water
delivery systems in the State;
(2) an estimation of the cost of repair and rehabilitation of
the irrigation and other agricultural water delivery systems;
(3) an evaluation of options and alternatives for future use of
the irrigation and other agricultural water delivery systems
(including alternatives that would improve the use and conservation
of water resources and would contribute to agricultural
diversification, economic development, and improvements to
environmental quality); and
(4) the identification and investigation of opportunities for
recycling, reclamation, and reuse of water and wastewater for
agricultural and nonagricultural purposes.
(b) Reports.--
(1) In general.--Not later than 2 years after appropriation of
funds authorized by this title, the Secretary shall submit a report
that describes the findings and recommendations of the study
described in subsection (a) to--
(A) the Committee on Energy and Natural Resources of the
Senate; and
(B) the Committee on Resources of the House of
Representatives.
(2) Additional reports.--The Secretary shall submit to the
committees described in paragraph (1) any additional reports
concerning the study described in subsection (a) that the Secretary
considers to be necessary.
(c) Cost Sharing.--Costs of conducting the study and preparing the
reports described in subsections (a) and (b) of this section shall be
shared between the Secretary and the State. The Federal share of the
costs of the study and reports shall not exceed 50 percent of the total
cost, and shall be nonreimbursable. The Secretary shall enter into a
written agreement with the State, describing the arrangements for
payment of the non-Federal share.
(d) Use of Outside Contractors.--The Secretary is authorized to
employ the services and expertise of the State and/or the services and
expertise of a private consultant employed under contract with the
State to conduct the study and prepare the reports described in this
section if the State requests such an arrangement and if it can be
demonstrated to the satisfaction of the Secretary that such an
arrangement will result in the satisfactory completion of the work
authorized by this section in a timely manner and at a reduced cost.
(e) Authorization of Appropriations.--There are authorized to be
appropriated $300,000 for the Federal share of the activities
authorized under this title.

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(a) Section 1602(b) of the Reclamation Wastewater and Groundwater
Study and Facilities Act (43 U.S.C. 390h(b)) is amended by inserting
before the period at the end the following: ``, and the State of
Hawaii''.
(b) The Secretary is authorized to use the authorities available
pursuant to section 1602(b) of the Reclamation Wastewater and
Groundwater Study and Facilities Act (43 U.S.C. 390h(b)) to conduct the
relevant portion of the study and preparation of the reports authorized
by this title if the use of such authorities is found by the Secretary
to be appropriate and cost-effective, and provided that the total
Federal share of costs for the study and reports does not exceed the
amount authorized in section 103.

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(a) Relief for Hawaii.--Section 104 of the Reclamation States
Emergency Drought Relief Act of 1991 (43 U.S.C. 2214) is amended--
(1) in subsection (a), by inserting after ``Reclamation State''
the following: ``and in the State of Hawaii''; and
(2) in subsection (c), by striking ``ten years after the date
of enactment of this Act'' and inserting ``on September 30, 2005''.
(b) Assistance for Drought-Related Planning in Reclamation
States.--Such Act is further amended by adding at the end of title I
the following:
``SEC. 105. ASSISTANCE FOR DROUGHT-RELATED PLANNING IN RECLAMATION
STATES.
``(a) In General.--The Secretary may provide financial assistance
in the form of cooperative agreements in States that are eligible to
receive drought assistance under this title to promote the development
of drought contingency plans under title II.
``(b) Report.--Not later than one year after the date of the
enactment of the Hawaii Water Resources Act of 2000, the Secretary
shall submit to the Congress a report and recommendations on the
advisability of providing financial assistance for the development of
drought contingency plans in all entities that are eligible to receive
assistance under title II.''.

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TITLE II

-DROUGHT RELIEF

INSTALLATION OF ADDITIONAL PUMPING PLANT FACILITIES IN ACCORDANCE
WITH AGREEMENT.
(a) In General.--The Secretary shall credit an amount up to
$1,164,600, the precise amount to be determined by the Secretary
through a cost allocation, to the unpaid capital obligation of the City
of Roseville, California (in this section referred to as the ``City''),
as such obligation is calculated in accordance with applicable Federal
reclamation law and Central Valley Project rate setting policy, in
recognition of future benefits to be accrued by the United States as a
result of the City's purchase and funding of the installation of
additional pumping plant facilities in accordance with a letter of
agreement with the United States numbered 5-07-20-X0331 and dated
January 26, 1995. The Secretary shall simultaneously add an equivalent
amount of costs to the capital costs of the Central Valley Project, and
such added costs shall be reimbursed in accordance with reclamation law
and policy.
(b) Effective Date.--The credit under subsection (a) shall take
effect upon the date on which--
(1) the City and the Secretary have agreed that the
installation of the facilities referred to in subsection (a) has
been completed in accordance with the terms and conditions of the
letter of agreement referred to in subsection (a); and
(2) the Secretary has issued a determination that such
facilities are fully operative as intended.

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TITLE III

-CITY OF ROSEVILLE PUMPING PLANT FACILITIES

This title may be cited as the ``Clear Creek Distribution System
Conveyance Act''.

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TITLE IV

-CLEAR CREEK DISTRIBUTION SYSTEM CONVEYANCE

For purposes of this title:
(1) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(2) District.--The term ``District'' means the Clear Creek
Community Services District, a California community services
district located in Shasta County, California.
(3) Agreement.--The term ``Agreement'' means Agreement No. 8-
07-20-L6975 entitled ``Agreement Between the United States and the
Clear Creek Community Services District to Transfer Title to the
Clear Creek Distribution System to the Clear Creek Community
Services District''.
(4) Distribution system.--The term ``Distribution System''
means all the right, title, and interest in and to the Clear Creek
distribution system as defined in the Agreement.

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In consideration of the District accepting the obligations of the
Federal Government for the Distribution System, the Secretary shall
convey the Distribution System to the District pursuant to the terms
and conditions set forth in the Agreement.

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Nothing in this title shall be construed to authorize the District
to construct any new facilities or to expand or otherwise change the
use or operation of the Distribution System from its authorized
purposes based upon historic and current use and operation. Effective
upon transfer, if the District proposes to alter the use or operation
of the Distribution System, then the District shall comply with all
applicable laws and regulations governing such changes at that time.

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Conveyance of the Distribution System under this title--
(1) shall not affect any of the provisions of the District's
existing water service contract with the United States (contract
number 14-06-200-489-IR3), as it may be amended or supplemented;
and
(2) shall not deprive the District of any existing contractual
or statutory entitlement to subsequent interim renewals of such
contract or to renewal by entering into a long-term water service
contract.

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Effective on the date of conveyance of the Distribution System
under this title, the United States shall not be liable under any law
for damages of any kind arising out of any act, omission, or occurrence
based on its prior ownership or operation of the conveyed property.

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This title may be cited as the ``Sugar Pine Dam and Reservoir
Conveyance Act''.

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TITLE V

-SUGAR PINE DAM AND RESERVOIR CONVEYANCE

In this title:
(1) Bureau.--The term ``Bureau'' means the Bureau of
Reclamation.
(2) District.--The term ``District'' means the Foresthill
Public Utility District, a political subdivision of the State of
California.
(3) Project.--The term ``Project'' means the improvements (and
associated interests) authorized in the Foresthill Divide Subunit
of the Auburn-Folsom South Unit, Central Valley Project, consisting
of--
(A) Sugar Pine Dam;
(B) the right to impound waters behind the dam;
(C) the associated conveyance system, holding reservoir,
and treatment plant;
(D) water rights;
(E) rights of the Bureau described in the agreement of June
11, 1985, with the Supervisor of Tahoe National Forest,
California; and
(F) other associated interests owned and held by the United
States and authorized as part of the Auburn-Folsom South Unit
under Public Law 89-161 (79 Stat. 615).
(4) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(5) Water services contract.--The term ``Water Services
Contract'' means Water Services Contract #14-06-200-3684A, dated
February 13, 1978, between the District and the United States.

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(a) In General.--As soon as practicable after date of the enactment
of this Act and in accordance with all applicable law, the Secretary
shall convey all right, title, and interest in and to the Project to
the District.
(b) Sale Price.--Except as provided in subsection (c), on payment
by the District to the Secretary of $2,772,221--
(1) the District shall be relieved of all payment obligations
relating to the Project; and
(2) all debt under the Water Services Contract shall be
extinguished.
(c) Mitigation and Restoration Payments.--The District shall
continue to be obligated to make payments under section 3407(c) of the
Central Valley Project Improvement Act (106 Stat. 4726) through 2029.

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(a) In General.--Nothing in this title significantly expands or
otherwise affects the use or operation of the Project from its current
use and operation.
(b) Right To Occupy and Flood.--On the date of the conveyance under
section 503, the Chief of the Forest Service shall grant the District
the right to occupy and flood portions of land in Tahoe National
Forest, subject to the terms and conditions stated in an agreement
between the District and the Supervisor of the Tahoe National Forest.
(c) Changes in Use or Operation.--If the District changes the use
or operation of the Project, the District shall comply with all
applicable laws (including regulations) governing the change at the
time of the change.

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On payment of the amount under section 503(b)--
(1) the Project shall no longer be a Federal reclamation
project or a unit of the Central Valley Project; and
(2) the District shall not be entitled to receive any further
reclamation benefits.

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Except as otherwise provided by law, effective on the date of
conveyance under section 503, the United States shall not be liable for
damages of any kind arising out of any act, omission, or occurrence
based on its prior ownership or operation of the Project.

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To the extent that costs associated with the Project are included
as a reimbursable cost of the Central Valley Project, the Secretary is
directed to exclude all costs in excess of the amount of costs repaid
by the District from the pooled reimbursable costs of the Central
Valley Project until such time as the Project has been operationally
integrated into the water supply of the Central Valley Project. Such
excess costs may not be included into the pooled reimbursable costs of
the Central Valley Project in the future unless a court of competent
jurisdiction determines that operation integration is not a
prerequisite to the inclusion of such costs pursuant to Public Law 89-
161.

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This title may be cited as the ``Colusa Basin Watershed Integrated
Resources Management Act''.

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TITLE VI

-COLUSA BASIN WATERSHED INTEGRATED RESOURCES MANAGEMENT

The Secretary of the Interior (in this title referred to as the
``Secretary''), acting within existing budgetary authority, may provide
financial assistance to the Colusa Basin Drainage District, California
(in this title referred to as the ``District''), for use by the
District or by local agencies acting pursuant to section 413 of the
State of California statute known as the Colusa Basin Drainage Act
(California Stats. 1987, ch. 1399) as in effect on the date of the
enactment of this Act (in this title referred to as the ``State
statute''), for planning, design, environmental compliance, and
construction required in carrying out eligible projects in the Colusa
Basin Watershed to--
(1)(A) reduce the risk of damage to urban and agricultural
areas from flooding or the discharge of drainage water or
tailwater;
(B) assist in groundwater recharge efforts to alleviate
overdraft and land subsidence; or
(C) construct, restore, or preserve wetland and riparian
habitat; and
(2) capture, as an incidental purpose of any of the purposes
referred to in paragraph (1), surface or stormwater for
conservation, conjunctive use, and increased water supplies.

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(a) Eligible Projects.--A project shall be an eligible project for
purposes of section 602 only if it is--
(1) consistent with the plan for flood protection and
integrated resources management described in the document entitled
``Draft Programmatic Environmental Impact Statement/Environmental
Impact Report and Draft Program Financing Plan, Integrated
Resources Management Program for Flood Control in the Colusa
Basin'', dated May 2000; and
(2) carried out in accordance with that document and all
environmental documentation requirements that apply to the project
under the laws of the United States and the State of California.
(b) Compatibility Requirement.--The Secretary shall ensure that
projects for which assistance is provided under this title are not
inconsistent with watershed protection and environmental restoration
efforts being carried out under the authority of the Central Valley
Project Improvement Act (Public Law 102-575; 106 Stat. 4706 et seq.) or
the CALFED Bay-Delta Program.

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(a) Non-Federal Share.--The Secretary shall require that the
District and cooperating non-Federal agencies or organizations pay--
(1) 25 percent of the costs associated with construction of any
project carried out with assistance provided under this title;
(2) 100 percent of any operation, maintenance, and replacement
and rehabilitation costs with respect to such a project; and
(3) 35 percent of the costs associated with planning, design,
and environmental compliance activities.
(b) Planning, Design, and Compliance Assistance.--Funds
appropriated pursuant to this title may be made available to fund 65
percent of costs incurred for planning, design, and environmental
compliance activities by the District or by local agencies acting
pursuant to the State statute, in accordance with agreements with the
Secretary.
(c) Treatment of Contributions.--For purposes of this section, the
Secretary shall treat the value of lands, interests in lands (including
rights-of-way and other easements), and necessary relocations
contributed by the District to a project as a payment by the District
of the costs of the project.

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Amounts expended pursuant to this title shall be considered
nonreimbursable for purposes of the Act of June 17, 1902 (32 Stat. 388;
43 U.S.C. 371 et seq.), and Acts amendatory thereof and supplemental
thereto.

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Funds appropriated pursuant to this title may be made available to
the District or a local agency only if the District or local agency, as
applicable, has entered into a binding agreement with the Secretary--
(1) under which the District or the local agency is required to
pay the non-Federal share of the costs of construction required by
section 604(a); and
(2) governing the funding of planning, design, and compliance
activities costs under section 604(b).

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For project work (including work associated with studies, planning,
design, and construction) carried out by the District or by a local
agency acting pursuant to the State statute in section 602 before the
date amounts are provided for the project under this title, the
Secretary shall, subject to amounts being made available in advance in
appropriations Acts, reimburse the District or the local agency,
without interest, an amount equal to the estimated Federal share of the
cost of such work under section 604.

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(a) In General.--The Secretary may enter into cooperative
agreements and contracts with the District to assist the Secretary in
carrying out the purposes of this title.
(b) Subcontracting.--Under such cooperative agreements and
contracts, the Secretary may authorize the District to manage and let
contracts and receive reimbursements, subject to amounts being made
available in advance in appropriations Acts, for work carried out under
such contracts or subcontracts.

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Activities carried out, and financial assistance provided, under
this title shall not be considered a supplemental or additional benefit
for purposes of the Reclamation Reform Act of 1982 (96 Stat. 1263; 43
U.S.C. 390aa et seq.).

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Within existing budgetary authority and subject to the availability
of appropriations, the Secretary is authorized to expend up to
$25,000,000, plus such additional amount, if any, as may be required by
reason of changes in costs of services of the types involved in the
District's projects as shown by engineering and other relevant indexes
to carry out this title. Sums appropriated under this section shall
remain available until expended.

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(a) Authority To Convey.--
(1) In general.--The Secretary of the Interior, acting through
the Bureau of Reclamation, may, in the 5-year period beginning on
the date of the enactment of this Act and in accordance with the
conditions specified in subsection (b) convey to the Greater Yuma
Port Authority the interests described in paragraph (2).
(2) Interests described.--The interests referred to in
paragraph (1) are the following:
(A) All right, title, and interest of the United States in
and to the lands comprising Section 23, Township 11 South,
Range 24 West, G&SRBM, Lots 1-4, NE\1/4\, N\1/2\ NW\1/4\,
excluding lands located within the 60-foot border strip, in
Yuma County, Arizona.
(B) All right, title, and interest of the United States in
and to the lands comprising Section 22, Township 11 South,
Range 24 West, G&SRBM, East 300 feet of Lot 1, excluding lands
located within the 60-foot border strip, in Yuma County,
Arizona.
(C) All right, title, and interest of the United States in
and to the lands comprising Section 24, Township 11 South,
Range 24 West, G&SRBM, West 300 feet, excluding lands in the
60-foot border strip, in Yuma County, Arizona.
(D) All right, title, and interest of the United States in
and to the lands comprising the East 300 feet of the Southeast
Quarter of Section 15, Township 11 South, Range 24 West,
G&SRBM, in Yuma County, Arizona.
(E) The right to use lands in the 60-foot border strip
excluded under subparagraphs (A), (B), and (C), for ingress to
and egress from the international boundary between the United
States and Mexico.
(b) Deed Covenants and Conditions.--Any conveyance under subsection
(a) shall be subject to the following covenants and conditions:
(1) A reservation of rights-of-way for ditches and canals
constructed or to be constructed by the authority of the United
States, this reservation being of the same character and scope as
that created with respect to certain public lands by the Act of
August 30, 1890 (26 Stat. 391; 43 U.S.C. 945), as it has been, or
may hereafter be amended.
(2) A leasehold interest in Lot 1, and the west 100 feet of Lot
2 in Section 23 for the operation of a Cattle Crossing Facility,
currently being operated by the Yuma-Sonora Commercial Company,
Incorporated. The lease as currently held contains 24.68 acres,
more or less. Any renewal or termination of the lease shall be by
the Greater Yuma Port Authority.
(3) Reservation by the United States of a 245-foot perpetual
easement for operation and maintenance of the 242 Lateral Canal and
Well Field along the northern boundary of the East 300 feet of
Section 22, Section 23, and the West 300 feet of Section 24 as
shown on Reclamation Drawing Nos. 1292-303-3624, 1292-303-3625, and
1292-303-3626.
(4) A reservation by the United States of all rights to the
ground water in the East 300 feet of Section 15, the East 300 feet
of Section 22, Section 23, and the West 300 feet of Section 24, and
the right to remove, sell, transfer, or exchange the water to meet
the obligations of the Treaty of 1944 with the Republic of Mexico,
and Minute Order No. 242 for the delivery of salinity controlled
water to Mexico.
(5) A reservation of all rights-of-way and easements existing
or of record in favor of the public or third parties.
(6) A right-of-way reservation in favor of the United States
and its contractors, and the State of Arizona, and its contractors,
to utilize a 33-foot easement along all section lines to freely
give ingress to, passage over, and egress from areas in the
exercise of official duties of the United States and the State of
Arizona.
(7) Reservation of a right-of-way to the United States for a
100-foot by 100-foot parcel for each of the Reclamation monitoring
wells, together with unrestricted ingress and egress to both sites.
One monitoring well is located in Lot 1 of Section 23 just north of
the Boundary Reserve and just west of the Cattle Crossing Facility,
and the other is located in the southeast corner of Lot 3 just
north of the Boundary Reserve.
(8) An easement comprising a 50-foot strip lying North of the
60-foot International Boundary Reserve for drilling and operation
of, and access to, wells.
(9) A reservation by the United States of \15/16\ of all gas,
oil, metals, and mineral rights.
(10) A reservation of \1/16\ of all gas, oil, metals, and
mineral rights retained by the State of Arizona.
(11) Such additional terms and conditions as the Secretary
considers appropriate to protect the interests of the United
States.
(c) Consideration.--
(1) In general.--As consideration for the conveyance under
subsection (a), the Greater Yuma Port Authority shall pay the
United States consideration equal to the fair market value on the
date of the enactment of this Act of the interest conveyed.
(2) Determination.--For purposes of paragraph (1), the fair
market value of any interest in land shall be determined taking
into account that the land is undeveloped, that 80 acres is
intended to be dedicated to use by the United States for Federal
governmental purposes, and that an additional substantial portion
of the land is dedicated to public right-of-way, highway, and
transportation purposes.
(d) Use.--The Greater Yuma Port Authority and its successors shall
use the interests conveyed solely for the purpose of the construction
and operation of an international port of entry and related activities.
(e) Compliance With Laws.--Before the date of the conveyance,
actions required with respect to the conveyance under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), the National
Historic Preservation Act (16 U.S.C. 470 et seq.), and other applicable
Federal laws must be completed at no cost to the United States.
(f) Use of 60-Foot Border Strip.--Any use of the 60-foot border
strip shall be made in coordination with Federal agencies having
authority with respect to the 60-foot border strip.
(g) Description of Property.--The exact acreage and legal
description of property conveyed under this section, and of any right-
of-way that is subject to a right of use conveyed pursuant to
subsection (a)(2)(E), shall be determined by a survey satisfactory to
the Secretary. The cost of the survey shall be borne by the Greater
Yuma Port Authority.
(h) Definitions.--
(1) 60-foot border strip.--The term ``60-foot border strip''
means lands in any of the Sections of land referred to in this Act
located within 60 feet of the international boundary between the
United States and Mexico.
(2) Greater yuma port authority.--The term ``Greater Yuma Port
Authority'' means Trust No. 84-184, Yuma Title & Trust Company, an
Arizona Corporation, a trust for the benefit of the Cocopah Tribe,
a Sovereign Nation, the County of Yuma, Arizona, the City of
Somerton, and the City of San Luis, Arizona, or such other
successor joint powers agency or public purpose entity as
unanimously designated by those governmental units.
(3) Secretary.--The term ``Secretary'' means the Secretary of
the Interior, acting through the Bureau of Reclamation.

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TITLE VII

-CONVEYANCE TO YUMA PORT AUTHORITY

This title may be cited as the ``Dickinson Dam Bascule Gates
Settlement Act of 2000''.

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TITLE VIII

-DICKINSON DAM BASCULE GATES SETTLEMENT

The Congress finds that--
(1) in 1980 and 1981, the Bureau of Reclamation constructed the
bascule gates on top of the Dickinson Dam on the Heart River, North
Dakota, to provide additional water supply in the reservoir known
as Patterson Lake for the city of Dickinson, North Dakota, and for
additional flood control and other benefits;
(2) the gates had to be significantly modified in 1982 because
of damage resulting from a large ice block causing excessive
pressure on the hydraulic system, causing the system to fail;
(3) since 1991, the City has received its water supply from the
Southwest Water Authority, which provides much higher quality water
from the Southwest Pipeline Project;
(4) the City now receives almost no benefit from the bascule
gates because the City does not require the additional water
provided by the bascule gates for its municipal water supply;
(5) the City has repaid more than $1,200,000 to the United
States for the construction of the bascule gates, and has been
working for several years to reach an agreement with the Bureau of
Reclamation to alter its repayment contract;
(6) the City has a longstanding commitment to improving the
water quality and recreation value of the reservoir and has been
working with the United States Geological Survey, the North Dakota
Department of Game and Fish, and the North Dakota Department of
Health to improve water quality; and
(7) it is in the public interest to resolve this issue by
providing for a single payment to the United States in lieu of the
scheduled annual payments and for the termination of any further
repayment obligation.

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In this title:
(1) Bascule gates.--The term ``bascule gates'' means the
structure constructed on the Dam to provide additional water
storage capacity in the Lake.
(2) City.--The term ``City'' means the city of Dickinson, North
Dakota.
(3) Dam.--The term ``Dam'' means Dickinson Dam on the Heart
River, North Dakota.
(4) Lake.--The term ``Lake'' means the reservoir known as
``Patterson Lake'' in the State of North Dakota.
(5) Secretary.--The term ``Secretary'' means the Secretary of
the Interior, acting through the Commissioner of the Bureau of
Reclamation.

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(a) In General.--The Secretary shall accept a 1-time payment of
$300,000 in lieu of the existing repayment obligations of the City
under the Bureau of Reclamation Contract No. 9-07-60W0384, dated
December 19, 1988, toward which amount any payments made by the City to
the Secretary on or after June 2, 1998, shall be credited.
(b) Ownership.--Title to the Dam and bascule gates shall remain
with the United States.
(c) Costs.--(1) The Secretary shall enter into an agreement with
the City to allocate responsibilities for operation and maintenance
costs of the bascule gates as provided in this subsection.
(2) The City shall be responsible for operation and maintenance
costs of the bascule gates, up to a maximum annual cost of $15,000. The
Secretary shall be responsible for all other costs.
(d) Water Service Contracts.--The Secretary may enter into
appropriate water service contracts if the City or any other person or
entity seeks to use water from the Lake for municipal water supply or
other purposes.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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Hawaii Water Resources Reclamation Act of 2000

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