Sec. 217. Non-Federal interest preparation of water reallocation studies, North Dakota
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/bill/118/s/4367/is/section-217·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 301 of the Water Supply Act of 1958 ( 43 U.S.C. 390b ) is amended by adding at the following: In accordance with this subsection, a non-Federal interest may carry out a water reallocation study at a reservoir project constructed by the Corps of Engineers and located in the State of North Dakota. On completion of the study under paragraph (1), the non-Federal interest shall submit to the Secretary the results of the study. Not later than 180 days after the date of enactment of this subsection, the Secretary shall issue guidelines for the formulation of a water reallocation study carried out by a non-Federal interest under this subsection. The guidelines under subparagraph
(A)shall contain provisions that— ensure that any water reallocation study with respect to which the Secretary submits an assessment under paragraph
(6)complies with all of the requirements that would apply to a water reallocation study undertaken by the Secretary; and provide sufficient information for the formulation of the water reallocation studies, including processes and procedures related to reviews and assistance under paragraph (7). Before carrying out a water reallocation study under paragraph (1), the Secretary and the non-Federal interest shall enter into an agreement. The Secretary shall review each water reallocation study received under paragraph
(2)for the purpose of determining whether or not the study, and the process under which the study was developed, comply with Federal laws and regulations applicable to water reallocation studies. The Secretary may not submit to Congress an assessment of a water reallocation study under paragraph
(1)until such time as the Secretary— determines that the study complies with all of the requirements that would apply to a water reallocation study carried out by the Secretary; and completes all of the Federal analyses, reviews, and compliance processes under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), that would be required with respect to the proposed action if the Secretary had carried out the water reallocation study. Not later than 180 days after the completion of review of a water reallocation study under paragraph (5), the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives an assessment that— describes— the results of that review; based on the results of the water allocation study, any structural or operations changes at the reservoir project that would occur if the water reallocation is carried out; and based on the results of the water reallocation study, any effects to the authorized purposes of the reservoir project that would occur if the water reallocation is carried out; and includes a determination by the Secretary of whether the modifications recommended under the study are those described in subsection (e). The Secretary may accept and expend funds provided by non-Federal interests to carry out the reviews and other activities that are the responsibility of the Secretary in carrying out this subsection. At the request of the non-Federal interest, the Secretary shall provide to the non-Federal interest technical assistance relating to any aspect of a water reallocation study if the non-Federal interest contracts with the Secretary to pay all costs of providing that technical assistance. In carrying out this subsection, the Secretary shall ensure that the use of funds accepted from a non-Federal interest will not affect the impartial decisionmaking of the Secretary, either substantively or procedurally. The provision of technical assistance by the Secretary under subparagraph (B)— shall not be considered to be an approval or endorsement of the water reallocation study; and shall not affect the responsibilities of the Secretary under paragraphs
(5)and (6). .
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Sec. 217
Non-Federal interest preparation of water reallocation studies, North Dakota
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