Pub. L. 104-303, tit. III, sec. 336
BUFORD TRENTON IRRIGATION DISTRICT, NORTH DAKOTA.
SEC. 336. BUFORD TRENTON IRRIGATION DISTRICT, NORTH DAKOTA.(a) Acquisition of Easements.—(1) In general.—The Secretary may acquire, from willing sellers, permanent flowage and saturation easements over— (A) the land in Williams County, North Dakota, extending from the riverward margin of the Buford Trenton Irrigation District main canal to the north bank of the Missouri River, beginning at the Buford Trenton Irrigation District pumping station located in the NE¼ of section 17, T–152–N, R–104–W, and continuing northeasterly downstream to the land referred to as the East Bottom; and (B) any other land outside the boundaries of the land described in subparagraph (A) within or contiguous to the boundaries of the Buford Trenton Irrigation District that has been affected by rising ground water and the risk of surface flooding. (2) Scope.—Any easements acquired by the Secretary under paragraph (1) shall include the right, power, and privilege of the Federal Government to submerge, overflow, percolate, and saturate the surface and subsurface of the lands and such other terms and conditions as the Secretary considers appropriate. (3) Payment.—In acquiring easements under paragraph (1), the Secretary shall pay an amount based on the unaffected fee value of the lands to be acquired by the Federal Government. For the purpose of this paragraph, the unaffected fee value of the lands is the value of the lands as if the lands had not been affected by rising ground water and the risk of surface flooding. (b) Conveyance of Drainage Pumps.—The Secretary shall— 110 STAT. 3720 (1) convey to the Buford Trenton Irrigation District all right, title, and interest of the United States in the drainage pumps located within the boundaries of the District; and (2) provide a lump-sum payment of $60,000 for power requirements associated with the operation of the drainage pumps. (c) Authorization of Appropriations.—There is authorized to be appropriated to carry out this section $34,000,000.