S 4040 — 119th Congress

Dakota Water Resources Act Amendments of 2026

Introduced Mar 10, 2026 Open for voting
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Funding / Appropriations Top 1

New appropriations for North Dakota municipal and rural water projects

Authorizes up to $637,000,000 (adjusted for inflation) in new federal appropriations for four specific North Dakota water infrastructure projects administered by the Department of the Interior (DOI): the Northwest Area Water Supply Biota Water Treatment Plant ($120M), the Eastern North Dakota Alternate Water Supply Project ($404M), the Southwest Pipeline Project ($50M), and North Dakota rural water districts ($63M), with transfer flexibility among projects capped at a 50% increase per project and a requirement for final engineering reports within two years. Authorizes $743,000,000 (adjusted for inflation) in new federal appropriations for tribal rural water systems on five Indian reservations in North Dakota — Spirit Lake ($118M), Three Affiliated Tribes ($275M), Standing Rock ($240M), Turtle Mountain ($98M), and Lake Traverse ($12M for feasibility study and potential construction) — administered by the Department of the Interior (DOI), with final engineering reports required within two years for four of the five systems. Replaces an existing appropriations subparagraph in Public Law 89-108 with a new authorization of $75,000,000 to carry out section 11 of the Act — the Natural Resources Trust provision — with funds to remain available until expended.

  • Population Scope Low Direct beneficiaries are rural and municipal water users in North Dakota plus members of five tribal nations — a small fraction of the U.S. population concentrated in a single state.
  • Budgetary Magnitude High Authorizes $1.455 billion in new federal appropriations ($637M for non-tribal projects, $743M for tribal systems, $75M for section 11), all inflation-indexed and available until expended.
  • Legal / Regulatory Depth Medium Creates new statutory authorization ceilings and amends existing appropriations language in Public Law 89-108, but does not impose new substantive mandates, rights, or prohibitions — it expands funding authority within an already-established program framework.
  • Degree of Discretion Granted Medium Allows the Department of the Interior (DOI) to transfer funds among authorized projects up to a 50% per-project cap, providing bounded but meaningful discretion over allocation within fixed congressional ceilings.
  • Implementation & Enforcement Burden Low The primary compliance obligation is a two-year deadline for final engineering reports; no new penalties, enforcement mechanisms, or recurring adjudicatory burdens are created.
  • Temporal Commitment High Funds are appropriated to remain available until expended, with no sunset or reauthorization requirement, binding future administrations until all funds are obligated or Congress acts to rescind them.
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Summary

This legislation amends the Dakota Water Resources Act (Public Law 89-108) to authorize substantial new federal appropriations for water infrastructure projects in North Dakota, including both municipal and rural water supply systems and tribal rural water systems on five Indian reservations. Among other elements, the bill * authorizes up to $637 million in new appropriations for four North Dakota municipal and rural water infrastructure projects, including the Northwest Area Water Supply Biota Water Treatment Plant, the Eastern North Dakota Alternate Water Supply Project, the Southwest Pipeline Project, and rural water districts; * authorizes $743 million in new appropriations for tribal rural water systems on the Spirit Lake, Three Affiliated Tribes, Standing Rock, Turtle Mountain, and Lake Traverse reservations; * allows funding transfers among authorized projects subject to a 50% per-project cap and requires final engineering reports within two years; * and amends a related section 11 authorization to $75 million for natural resources trust activities.

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Version Event Date User support Your vote Roll calls
Original
Initial publication
Mar 10, 2026
Mar 10, 2026 No votes yet — —

Funding / Appropriations Top 1

New appropriations for North Dakota municipal and rural water projects

Authorizes up to $637,000,000 (adjusted for inflation) in new federal appropriations for four specific North Dakota water infrastructure projects administered by the Department of the Interior (DOI): the Northwest Area Water Supply Biota Water Treatment Plant ($120M), the Eastern North Dakota Alternate Water Supply Project ($404M), the Southwest Pipeline Project ($50M), and North Dakota rural water districts ($63M), with transfer flexibility among projects capped at a 50% increase per project and a requirement for final engineering reports within two years. Authorizes $743,000,000 (adjusted for inflation) in new federal appropriations for tribal rural water systems on five Indian reservations in North Dakota — Spirit Lake ($118M), Three Affiliated Tribes ($275M), Standing Rock ($240M), Turtle Mountain ($98M), and Lake Traverse ($12M for feasibility study and potential construction) — administered by the Department of the Interior (DOI), with final engineering reports required within two years for four of the five systems. Replaces an existing appropriations subparagraph in Public Law 89-108 with a new authorization of $75,000,000 to carry out section 11 of the Act — the Natural Resources Trust provision — with funds to remain available until expended.

  • Population Scope Low Direct beneficiaries are rural and municipal water users in North Dakota plus members of five tribal nations — a small fraction of the U.S. population concentrated in a single state.
  • Budgetary Magnitude High Authorizes $1.455 billion in new federal appropriations ($637M for non-tribal projects, $743M for tribal systems, $75M for section 11), all inflation-indexed and available until expended.
  • Legal / Regulatory Depth Medium Creates new statutory authorization ceilings and amends existing appropriations language in Public Law 89-108, but does not impose new substantive mandates, rights, or prohibitions — it expands funding authority within an already-established program framework.
  • Degree of Discretion Granted Medium Allows the Department of the Interior (DOI) to transfer funds among authorized projects up to a 50% per-project cap, providing bounded but meaningful discretion over allocation within fixed congressional ceilings.
  • Implementation & Enforcement Burden Low The primary compliance obligation is a two-year deadline for final engineering reports; no new penalties, enforcement mechanisms, or recurring adjudicatory burdens are created.
  • Temporal Commitment High Funds are appropriated to remain available until expended, with no sunset or reauthorization requirement, binding future administrations until all funds are obligated or Congress acts to rescind them.
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Funding / Appropriations

New appropriations for North Dakota municipal and rural water projects