[Congressional Record Volume 145, Number 163 (Wednesday, November 17, 1999)]
[House]
[Pages H12132-H12133]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 WATER FEASIBILITY STUDY ON JICARILLA APACHE RESERVATION IN NEW MEXICO

  Mr. HANSEN. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 3051) to direct the Secretary of the Interior, the Bureau of 
Reclamation, to conduct a feasibility study on the Jicarilla Apache 
Reservation in the State of New Mexico, and for other purposes, as 
amended.
  The Clerk read as follows:

                               H.R. 3051

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. FINDINGS.

       Congress finds that--
       (1) there are major deficiencies with regard to adequate 
     and sufficient water supplies available to residents of the 
     Jicarilla Apache Reservation in the State of New Mexico;
       (2) the existing municipal water system that serves the 
     Jicarilla Apache Reservation is under the ownership and 
     control of the Bureau of Indian Affairs and is outdated, 
     dilapidated, and cannot adequately and safely serve the 
     existing and future growth needs of the Jicarilla Apache 
     Tribe;
       (3) the federally owned municipal water system on the 
     Jicarilla Apache Reservation has been unable to meet the 
     minimum Federal water requirements necessary for discharging 
     wastewater into a public watercourse and has been operating 
     without a Federal discharge permit;
       (4) the federally owned municipal water system that serves 
     the Jicarilla Apache Reservation has been cited by the United 
     States Environmental Protection Agency for violations of 
     Federal safe drinking water standards and poses a threat to 
     public health and safety both on and off the Jicarilla Apache 
     Reservation;
       (5) the lack of reliable supplies of potable water impedes 
     economic development and has detrimental effects on the 
     quality of life and economic self-sufficiency of the 
     Jicarilla Apache Tribe;
       (6) due to the severe health threats and impediments to 
     economic development, the Jicarilla Apache Tribe has 
     authorized and expended $4,500,000 of tribal funds for the 
     repair and replacement of the municipal water system on the 
     Jicarilla Apache Reservation; and
       (7) the United States has a trust responsibility to ensure 
     that adequate and safe water supplies are available to meet 
     the economic, environmental, water supply, and public health 
     needs of the Jicarilla Apache Indian Reservation.

     SEC. 2. AUTHORIZATION.

       (a) Authorization.--Pursuant to reclamation laws, the 
     Secretary of the Interior, through the Bureau of Reclamation 
     and in consultation and cooperation with the Jicarilla Apache 
     Tribe, shall conduct a feasibility study to determine the 
     most feasible method of developing a safe and adequate 
     municipal, rural, and industrial water supply for the 
     residents of the Jicarilla Apache Indian Reservation in the 
     State of New Mexico.
       (b) Report.--Not later than 1 year after funds are 
     appropriated to carry out this Act, the Secretary of the 
     Interior shall transmit to Congress a report containing the 
     results of the feasibility study required by subsection (a).

     SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated $200,000 to carry 
     out this Act.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Utah (Mr. Hansen) and the gentleman from New Mexico (Mr. Udall) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Utah (Mr. Hansen).
  Mr. HANSEN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, the existing water system that is being used to meet the 
municipal water needs on the Jicarilla Apache Reservation in Northern 
New Mexico was built in the 1920s by the Bureau of Indian Affairs. The 
system was originally built solely for the use of the BIA, who 
continues to own the system. Over the years, the tribe has made random 
connections to the system. It has deteriorated and become overutilized. 
However, it is now regarded as the tribe's municipal water source, even 
though it does not adequately and safely serve the existing and future 
growth needs of the Jicarilla Apache Tribe.

                              {time}  1215

  In addition, the BIA has been unable to meet the Federal Clean Water 
Act requirements necessary for discharging wastewater into a public 
watercourse and has been operating without a Federal discharge permit.
  The Bureau of Indian Affairs has seen a growing number of requests to 
develop, operate, and maintain water systems on Indian reservations 
throughout the United States. Unfortunately, the BIA has chosen other 
priorities, with the result that many tribes' needs for safe drinking 
water have not been addressed. In the last several years, the Jicarilla 
tribe has spent more than $4.5 million of tribal funds for the repair 
and replacement of portions of the systems on the reservation.
  The purpose of this legislation is to provide some funding to conduct 
a feasibility study which will evaluate what steps the BIA should take 
to rehabilitate the system. Since the BIA has failed to fund such an 
evaluation up to this point, the Bureau of Reclamation, through its 
Indian Affairs technical assistance office, is being asked to conduct 
this study.
  Based on discussions with the various groups involved with the 
legislation, no more than $200,000 would need to be authorized to 
determine the most feasible method of developing a safe and adequate 
municipal, rural, and industrial water system for the reservation. The 
ultimate authorization and cost of construction will remain the 
responsibility of the BIA.
  I urge passage of this bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. UDALL of New Mexico. Mr. Speaker, I yield myself such time as I 
may consume.
  (Mr. UDALL of New Mexico asked and was given permission to revise and 
extend his remarks.)
  Mr. UDALL of New Mexico. Mr. Speaker, this bill will authorize and 
direct the Bureau of Reclamation to conduct a feasibility study with 
regards to the rehabilitation of the municipal water system of the 
Jicarilla Apache Reservation, located in the State of New Mexico.
  I am very pleased to be joined by several of my colleagues in 
sponsorship of this important bill. They include the gentleman from New 
Mexico (Mr. Skeen) and the gentlewoman from New Mexico (Mrs. Wilson), 
as well as the gentleman from Alaska (Chairman Young) and the gentleman 
from California (Mr. George Miller), ranking member, the gentleman from 
Michigan (Mr. Kildee), the gentleman from Arizona (Mr. Hayworth), the 
gentleman from Rhode Island (Mr. Kennedy), and the gentleman from 
California (Mr. Becerra).
  Mr. Speaker, the Jicarilla Apache Reservation relies on one of the 
most unsafe municipal water systems in the country. While the system is 
a federally owned entity, the Environmental Protection Agency has, 
nevertheless, found the system to be in violation of the national safe 
drinking water standards for the last several years. Since 1995, the 
water system has continually failed to earn renewal of its National 
Pollutant Discharge Elimination permit.

  The sewage lagoons of the Jicarilla water system are now operating 
well over 100 percent capacity, spilling wastewater into the nearby 
arroyo that feeds directly spoke the Navajo River.

[[Page H12133]]

  Since this river serves as a primary source of groundwater for the 
region, the resulting pollution of the stream not only affects the 
reservation, but also travels downstream, creating public health 
hazards for families and communities both within and well beyond the 
reservation's borders.
  Alarmingly, Jicarilla Apache youth are now experiencing higher than 
normal incidences of internal organ diseases affecting the liver, 
kidneys, and stomach, ailments suspected to be related to the 
contaminated water.
  Because of the lack of sufficient water resources, the Jicarilla 
Tribe is not only facing considerable public health concerns, but it 
has also had to put a break on other important community improvement 
efforts, including the construction of much-needed housing and the 
replacement of deteriorating public schools.
  For all of these reasons, the Tribal Council has been forced to 
declare a state of emergency for the reservation and has appropriated 
over $4.5 million of its own funds to begin the process of 
rehabilitating the water system.
  Following a disastrous 6-day water outage last October, the Jicarilla 
investigated and discovered the full extent of the deplorable condition 
of the water system. Acting immediately to address the problem, the 
tribe promptly contacted the Bureau of Indian Affairs, the Indian 
Health Service, the Environmental Protection Agency, and other entities 
for help in relieving their situation. Yet, due to the budget 
constraints and other impediments, these agencies were unable to 
provide financial assistance or take any other substantial action to 
address the problem.
  In particular, the Bureau of Indian Affairs, having found itself to 
be poorly suited for the operation and maintenance of a tribal water 
system, has discontinued its policy of operating its own tribal water 
systems in favor of transferring ownership directly to the tribes. 
Unfortunately, however, the dangerous condition of the Jicarilla water 
system precludes its transfer to the tribe until it has been 
rehabilitated.
  Fortunately, the Bureau of Reclamation is appropriately suited to 
assist the Jicarilla Apache and the BIA in assessing the feasibility of 
the rehabilitation of the tribe's water system.
  In consultation with the Jicarilla Apache Tribe, the Bureau of 
Reclamation has indicated both its willingness and ability to complete 
the feasibility study should it be authorized to do so as required by 
law.
  Recognizing this as the most promising solution for addressing the 
serious water safety problems plaguing the Jicarilla, I and my fellow 
cosponsors introduced this bill to allow this important process to move 
forward. I hope the rest of our colleagues will join us in passing this 
bill to remedy this distressing situation.
  Mr. GEORGE MILLER of California. Mr. Speaker, will the gentleman 
yield?
  Mr. UDALL of New Mexico. I yield to the gentleman from California.
  Mr. GEORGE MILLER of California. Mr. Speaker, I thank the gentleman 
for yielding to me. I simply rise in support of the legislation that he 
and other Members of the delegation have supported and brought to the 
floor and commend them for their efforts on behalf of the Apache 
Reservation, due to the fact that the Environmental Protection Agency 
has found these very serious violations.
  I think in fact that this legislation does do what is necessary, and 
that is, to redeem the trust responsibility of the Federal Government 
to ensure that this Federal water system supplies the tribe with water 
that is safe and adequate to meet the health, economic, and 
environmental needs of the Jicarilla Apaches. I want to thank the 
gentleman for bringing this matter to the floor and urge support of 
this legislation.
  Mr. Speaker, H.R. 3051 directs the Secretary of Interior to conduct a 
feasibility study to determine the most feasible method of developing a 
safe and adequate municipal, rural, and industrial water supply for the 
residents of the Jicarilla Apache Reservation in New Mexico. The study 
is to be conducted by the Bureau of Reclamation and in consultation and 
cooperation with the tribe. Further, the bill provides a report be 
submitted to Congress 1 year after funds are appropriated to carry out 
the study and authorizes $200,000 to implement the provisions of the 
legislation.
  The Jicarilla Apache Reservation was established in 1887 by executive 
order and is located at the foot of the San Juan Mountains in north-
central New Mexico. The reservation consists of 742,315 acres and 
ranges in elevation from 6,500 to 9,000 feet.
  The existing municipal water system was built by the Bureau of Indian 
Affairs (BIA) which continues to own the system. It is dilapidated and 
cannot safely and adequately address the current or future needs of the 
tribe. The system has been cited by the Environmental Protection Agency 
(EPA) for violations of Safe Drinking Water Act standards. It poses a 
severe health threat to the community and impedes economic development 
by the tribe. In addition, the system has been unable to meet the 
minimum Federal water requirements necessary for discharging wastewater 
into a public watercourse and has been operating without a Federal 
discharge permit.
  Over the last several years the tribe has spent over $4.5 million in 
tribal funds for repair and replacement of portions of the system. This 
patchwork process will not address the overall problems with the system 
as it need to be overhauled or replaced. The Federal Government has a 
trust responsibility to ensure that the Federal water system it 
supplies to the tribe is safe and adequate to meet the health, economic 
and environmental needs of tribal members.
  I want to commend our colleague, Mr. Tom Udall from New Mexico, for 
his hard work in getting this bill before us today. It is an important 
first step toward ensuring future health and economic progress for the 
Jicarilla Apache Tribe. I urge my colleagues to support the bill.
  Mr. UDALL of New Mexico. Mr. Speaker, I also, just to finally 
summarize here, want to thank very much the gentleman from Utah (Mr. 
Hansen), chairman of the Subcommittee on National Parks and Public 
Lands, for his hard work on this and for his being able to address this 
very quickly.
  Mr. Speaker, I yield back the balance of my time.
  Mr. HANSEN. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. LaHood). The question is on the motion 
offered by the gentleman from Utah (Mr. Hansen) that the House suspend 
the rules and pass the bill, H.R. 3051, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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