[Congressional Record Volume 145, Number 164 (Thursday, November 18, 1999)]
[Senate]
[Pages S14815-S14817]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DOMENICI (for himself and Mr. Bingaman):
  S. 1965. A bill to direct the Secretary of the Interior, the Bureau 
of Reclamation, to conduct a feasibility study on

[[Page S14816]]

the Jicarilla Apache Reservation in the State of New Mexico, and for 
other purposes; to the Committee on Energy and Natural Resources.


    legislation authorizing the bureau of reclamation to conduct a 
feasibility study regarding water supply to the jicarilla apache indian 
                       reservation in new mexico

  Mr. DOMENICI. Mr. President, I am pleased to be joined by Senator 
Bingaman in introducing legislation authorizing the Bureau of 
Reclamation to conduct a feasibility study regarding water supply on 
the Jicarilla Apache Indian Reservation in New Mexico. There are major 
deficiencies with regard to safe water supplies for residents of the 
Jicarilla Apache Reservation, since the federally owned municipal water 
system is severely dilapidated.
  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 . Today, the House of Representatives passed 
identical legislation to help resolve this problem.
  The Jicarilla Apache Tribe is a federally recognized Indian nation in 
northern New Mexico, with over 3,000 citizens. In the 1920s, the Bureau 
of Indian Affairs (BIA) constructed a water delivery system to serve 
federal facilities on the Reservation. In the 1960s, the system was 
extended to serve tribal facilities and members, but for the last 20 
years this federal owned and operated water system has been 
deteriorating due to inadequate federal funding for regular maintenance 
and improvements.
  No capital improvements have been made to the system for at least ten 
years. Currently, the system is not in compliance with Federal safe 
drinking water standards or pollutant discharge standards.
  In October of 1988, the inlet system collapsed and caused a 
devastating five-day water outage on the Reservation. That catastrophe 
required emergency assistance from the National Guard. A home burned to 
the ground without necessary water to fight the fire. After that 
experience, the Tribe expended its own funds to make some repairs, and 
began a large-scale evaluation of the system. The Tribe has discovered 
serious problems with the system.
  Line breaks are common and frequent, and existing supply facilities 
are near or at maximum capacity. The Jicarilla Apaches have had to 
ration water for the last seven summers.
  According to a recent EPA report, the water system on the Jicarilla 
Reservation is the third worst system operating in a six-state region. 
In addition to being out of compliance with federal drinking water 
standards, the sewage plant has been operating without a federal 
discharge permit, exposing the BIA to fines up to $25,000 per day.
  Sewage lagoons are operating at 200% capacity, and wastewater 
spillage threatens not only the Jicarilla Apaches, but down-stream 
communities in New Mexico and beyond. The Jicarilla Apache Tribal 
Council has enacted a resolution declaring a state of emergency due to 
the continued operation of these unsafe water systems.
  The Tribe has been forced to expend their own funds due to the 
serious health threats posed by the unsafe system. In addition to the 
severe health threats that these systems pose, their inadequate and 
unsafe condition has virtually suspended social and economic 
development on the Reservation.
  The water deficiencies have forced the Tribe to place a moratorium on 
new projects, including housing, school, senior center, post office, 
and health care facility construction. These projects cannot be 
completed, even though many are already funded, because the existing 
infrastructure cannot support any further development. While the 
federal government is entirely responsible to maintain and operate the 
federal water systems which serve the Reservation, the BIA lacks the 
resources improve the system.
  The water system on the Jicarilla Apache Reservation is one of only 
two or three such systems still being maintained by the BIA. The BIA 
does not even own equipment necessary for routine sewer cleaning. While 
the BIA has continued federal responsibility for these systems, BIA no 
longer budgets for water delivery systems.
  In fact, Kevin Gover of the BIA referred the Tribe to the Bureau of 
Reclamation for assistance. The Bureau of Reclamation has the needed 
expertise to help, having experience in providing water to Native 
Americans through irrigation projects, as well as providing water 
supplies to other rural communities.
  The Tribe wants to eventually own and operate the water system, and 
wishes to enter into a relationship with the Bureau of Reclamation for 
completion of rehabilitation of this project. This legislation will 
allow the Bureau of Reclamation to conduct a feasibility study to 
determine the best method for 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.
  We want to help the Jicarilla Apaches end their water crisis, and 
secure congressional authorization for the necessary studies the Bureau 
of Reclamation has the expertise to conduct. I ask unanimous consent 
that our proposed legislation and the Jicarilla Apache Counsel 
Resolution be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 1965

       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 resident 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 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 Jicarilla Apache Tribe--Resolution No. 99-R-314-06

       Whereas, the Jicarilla Apache Tribe is a federally 
     recognized Indian tribe organized under Section 17 of the 
     Indian Reorganization Act of 1934, 25 U.S.C. Sec. 476 (1988); 
     and
       Whereas, the inherent powers of the Jicarilla Apache Tribe 
     are vested in the Jicarilla Apache Tribal Council pursuant to 
     Article XI, Section 1 of the Revised Constitution of the 
     Jicarilla Apache Tribe; and
       Whereas, the Jicarilla Apache Tribal Council is authorized 
     by Article XI, Section I(d) of the Revised Constitution of 
     the Jicarilla Apache Tribe to enact ordinances to promote the 
     peace, safety, property, health and general welfare of the 
     people of the Reservation and is authorized by Article X of 
     the Revised Constitution to enact ordinances and resolutions 
     on matters of permanent interest to

[[Page S14817]]

     the members of the tribe and on matters relating to 
     particular individuals, officials or circumstances; and
       Whereas, the Jicarilla Apache Tribal Council has the power 
     to authorize tribal officials to act on its behalf for 
     regulatory and other purposes; and
       Whereas, the lack of adequate and safe drinking water 
     facilities on the Jicarilla Apache Reservation leads to 
     serious health problems among tribal members and other 
     residents of the Reservation, such as early loss of life and 
     morbidity and diseases; and
       Whereas, the current water treatment plant, water delivery 
     infrastructure and sewage systems that serve the Jicarilla 
     Apache Reservation are owned and operated by the United 
     States, through the Jicarilla Agency Bureau of Indian Affairs 
     (``BIA''); and
       Whereas, the Federal Government has a trust responsibility 
     to provide safe drinking water to the Jicarilla Apache people 
     and the United States has failed to carry out this 
     responsibility by not providing the BIA adequate resources to 
     properly maintain and operate the water systems;
       Whereas, in October 1998, due to the lack of adequate 
     Federal resources to properly maintain and operate the water 
     systems, the inlet system, which diverts water from the 
     Navajo River, collapsed causing a catastrophic five-day water 
     outage on the Jicarilla Apache Reservation, which 
     necessitated emergency relief by the National Guard; and
       Whereas, the Jicarilla Apache Tribe worked around the clock 
     to restore water and expended tribal funds to do so, and as a 
     result of the water outage, the Jicarilla Apache Tribe began 
     investigating and evaluating the operation of the water 
     systems and discovered numerous additional problems; and
       Whereas, the water treatment plant, which treats water 
     diverted from the Navajo River prior to being released for 
     public consumption in Dulce, New Mexico, has been the subject 
     of various notices of environmental non-compliance by the 
     United States Environmental Protection Agency (``EPA'');
       Whereas, the sewage facilities that serve the Jicarilla 
     Apache Reservation are not in compliance with Federal law and 
     are operating without a federal discharge permit, which 
     exposes the BIA to fines up to $25,000 a day, and to meet the 
     national requirements, a new waste water plant must be 
     constructed; and
       Whereas, although the Federal Government is responsible for 
     maintaining and operating its own water systems that serve 
     the Reservation, the Tribe has been forced to take action out 
     of its own funds due to the serious health threats the these 
     deficient and unsafe systems have on the people within and 
     near the Reservation; and
       Whereas, based on the analysis and recommendation of the 
     Tribe's engineers and consultants, the Tribal Council has 
     authorized the construction of a new inlet system, waste 
     water treatment plant, and sewage facilities and the upgrade 
     and rehabilitation of the water delivery infrastructure; and
       Whereas, Congress amended the Safe Drinking Water Act, in 
     1996 and found, among other things, that:
       (1) safe drinking water is essential to the protection of 
     public health;
       (2) because the requirements of the Safe Drinking Water Act 
     (42 U.S.C. 300f et seq.) now exceed the financial and 
     technical capacity of some public water systems, especially 
     many small public water systems, the Federal Government needs 
     to provide assistance to communities to help the communities 
     meet Federal drinking water requirements;
       (3) more effective protection of public health requires 
     prevention of drinking water contamination through well-
     trained system operators, water systems with adequate 
     managerial, technical and financial capacity and enhanced 
     protection of source waters of public water systems;
       (4) compliance with the requirements of the Safe Drinking 
     Water Act continues to be a concern at public water systems 
     experiencing technical and financial limitations and Federal, 
     State and local governments need more resources and more 
     effective authority to attain the objectives of the Safe 
     Drinking Water Act;
       (5) Federal health services to maintain and improve the 
     health of the Indians are consistent with and required by the 
     Federal Government's trust relationship with the American 
     Indian people;
       Whereas, the repair and replacement authorization by the 
     Tribal Council is consistent with the Congressional purposes 
     of ensuring safe drinking water to the public; and
       Whereas, Indian tribes are recognized as domestic nations 
     under the protection of the United States Government and 
     possessed with the inherent powers of government; and
       Whereas, pursuant to the Federal trust relationship between 
     the Federal government and Indian tribes arising from the 
     United States Constitution, United States Supreme Court 
     caselaw, numerous treaties, statutes, and regulations, the 
     Federal government had fiduciary duties to Indian tribes to 
     protect tribal self-government and to provide and ensure 
     adequate and safe drinking water; and
       Whereas, in accordance with the Federal policy of Indian 
     Self-Determination, the Federal government has pledged to 
     assist Indian tribes in making reservations permanent homes 
     from Indian people; and
       Whereas, The Federal Indian policy of Self-Determination 
     and the Federal trust responsibility to Indian tribes 
     requires that the Federal government conduct government-to-
     government consultations with Indian tribes on matters 
     affecting tribal interests and to promote tribal economic 
     development, tribal governments, tribal self-sufficiency, 
     which includes proper and adequate and safe drinking water 
     facilities.
       Now, Therefore, Be It Resolved, by the Tribal Council of 
     the Jicarilla Apache Tribe that the Tribal Council hereby 
     declares that the Jicarilla Apache Reservation is in a state 
     of critical emergency due to the continued operation of the 
     unsafe water systems that serve the Jicarilla Apache 
     Reservation.
       Be It Further Resolved, by the Tribal Council of the 
     Jicarilla Apache Tribe that the Tribal Council, hereby 
     authorizes the Vice-President and his staff to do all acts 
     immediate and necessary to address this emergency, including 
     but not limited to, executing contracts, consulting on a 
     government-to-government basis with Congressional members and 
     the Executive Branch, including the Federal agencies and the 
     White House and lobbying for congressional appropriations.
       And Be It Further Resolved, by the Tribal Council of the 
     Jicarilla Apache Tribe that the Jicarilla Apache Tribe calls 
     upon the United States Congress and the United States 
     Department of Interior's Bureau of Indian Affairs and Bureau 
     of Reclamation, the Department of Health and Human Services 
     and the United States Environmental Protection Agency, to 
     exercise their Federal Trust Responsibility and work with the 
     Jicarilla Apache Tribe on a government-to-government basis to 
     address this emergency.
                                 ______