Dakota Water Resources Act Amendments of 2026
- Bill Number
- H.R. 8006
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Water Resources Development
- Status
- Introduced
- Latest Action
- 2026-03-19: Referred to the House Committee on Natural Resources.
- Last Updated
- 2026-04-11T03:17:30Z
AI-Generated Summary
Purpose of the Legislation
The Dakota Water Resources Act Amendments of 2026 amends Public Law 89-108 (the original Dakota Water Resources Act) to update and increase federal funding authorizations for water supply projects in North Dakota. It focuses on improving access to safe and reliable water for state, tribal, municipal, rural, and industrial users, particularly in underserved areas, by addressing construction, expansion, and treatment needs.
Key Provisions
- Additional Funding for Non-Tribal Projects (Section 7(a)):
- Authorizes $120 million (as indexed for inflation) to complete the Northwest Area Water Supply Biota Water Treatment Plant and Pump Station Project.
- Authorizes $404 million (as indexed) for the McClusky Canal and Missouri River North Alternative in the Eastern North Dakota Alternate Water Supply Project.
- Authorizes $50 million (as indexed) for the Southwest Pipeline Project, covering raw water intake, pump station, transmission line upgrades, hydraulic improvements, and rural distribution expansion.
- Authorizes $63 million (as indexed) for North Dakota rural water districts, including expansions for the South Central Regional Water District and the Northeast North Dakota Long-Term Water Supply Project.
- Allows transfers of funds between these projects, but no single project's initial authorization can increase by more than 50%.
- Requires the Secretary (of the Interior, via the Bureau of Reclamation) to complete final engineering reports within 2 years to define project scopes.
- Additional Funding for Tribal Projects (Section 7(d)):
- Authorizes $743 million (as indexed) total, allocated as follows:
- Up to $118 million for the Spirit Lake Rural Water System on the Fort Totten Indian Reservation.
- Up to $275 million for the Three Affiliated Tribes Rural Water System on the Fort Berthold Indian Reservation.
- Up to $240 million for the Standing Rock Rural Water System on the Standing Rock Indian Reservation.
- Up to $98 million for the Turtle Mountain Rural Water System on the Turtle Mountain Indian Reservation.
- $12 million for a feasibility study and potential construction of a water system for the Lake Traverse Indian Reservation (Sisseton-Wahpeton Oyate Tribe), contingent on technical and financial viability.
- Permits use of funds for final engineering reports within 2 years to outline project scopes for the main tribal systems.
- General Authorizations and Adjustments:
- Increases funding for Section 11 (related to water conservation and other activities) to $75 million, available until spent.
- Introduces an indexing mechanism to adjust specified amounts for inflation based on engineering cost indices applicable to construction types, starting from enactment dates of prior laws or this Act.
- Maintains other existing cost ceilings unchanged.
- Amends the Natural Resources Trust (Section 11) to include the new authorizations under Section 10(b)(1)(D) for deposit and management.
Significant Changes to Existing Law
- Funding Expansions: Inserts new subparagraphs (D in Section 10(b)(1) and C in Section 10(b)(2)) to add specific project-based authorizations beyond prior general limits, replacing or redesignating existing ones (e.g., former subparagraphs D and C become E and D).
- Indexing Updates: Replaces the prior subsection (e) with a new one that applies inflation adjustments to select amounts (e.g., $200 million baselines from 2000 and new project funds from 2026), while exempting others from changes.
- Section 11 Amendment: Expands the Natural Resources Trust inclusion to cover the new tribal and non-tribal funding provisions, striking limited prior references.
- Project-Specific Details: Introduces requirements for final engineering reports and fund transfers, which were not in the original law, and ties funding to existing environmental decisions (e.g., records of decision from 2015 and 2021).
Potential Impacts
- Government Agencies: The Bureau of Reclamation (under the Department of the Interior) will manage increased appropriations, conduct engineering studies, and oversee project completions, potentially straining resources but enabling faster infrastructure delivery. Funds remain available until expended, reducing annual budgeting pressures.
- Citizens: Rural, municipal, and industrial users in North Dakota, especially in western and northern areas, will gain improved water treatment, distribution, and supply reliability, addressing shortages and supporting agriculture, industry, and daily needs. Tribal communities on reservations will see enhanced drinking water access, reducing health risks from inadequate systems.
- International Relations: No direct impacts, as the bill focuses on domestic U.S. water projects in North Dakota with no cross-border elements mentioned.
Main Stakeholders Affected
- Tribal Nations: Spirit Lake Tribe (Fort Totten), Three Affiliated Tribes (Fort Berthold), Standing Rock Sioux Tribe, Turtle Mountain Band of Chippewa Indians, and potentially Sisseton-Wahpeton Oyate (Lake Traverse), who will receive dedicated funding for reservation water systems.
- State and Local Entities: North Dakota state government, rural water districts (e.g., South Central Regional, Northeast North Dakota), municipalities (e.g., Dickinson), and industrial users benefiting from projects like the Southwest Pipeline and Eastern Alternate Supply.
- Federal Agencies: Bureau of Reclamation as the primary implementer; Congress for appropriation oversight.
- Broader Communities: Farmers, residents, and businesses in rural North Dakota relying on these water sources for economic and health stability.
Notable Legal, Constitutional, or Political Implications
- Legal: Builds on existing reclamation laws by requiring feasibility determinations and adherence to prior environmental assessments (e.g., findings of no significant impact), ensuring compliance with the National Environmental Policy Act. The indexing provision helps maintain funding value against inflation, avoiding future supplemental appropriations.
- Constitutional: Reinforces federal-tribal trust responsibilities under Article I (appropriations power) and treaties, by prioritizing water infrastructure on reservations as a sovereign obligation. No challenges to separation of powers noted.
- Political: Targets region-specific infrastructure in North Dakota, potentially aiding bipartisan support for rural and tribal development amid water scarcity concerns, but allocates funds rigidly to predefined projects, limiting flexibility for future administrations.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Fedorchak, Julie [R-ND-At Large]
Recent Actions
- 2026-03-19: Referred to the House Committee on Natural Resources.
- 2026-03-19: Introduced in House
- 2026-03-19: Introduced in House
Bill Versions
- Dakota Water Resources Act Amendments of 2026 — issued 2026-03-19 — PDF (10 pages)