[Congressional Record Volume 148, Number 122 (Tuesday, September 24, 2002)]
[House]
[Pages H6495-H6499]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
FREMONT-MADISON CONVEYANCE ACT
Mr. HANSEN. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 4708) to authorize the Secretary of the Interior to convey
certain facilities to the Fremont-Madison Irrigation District, as
amended.
The Clerk read as follows:
H.R. 4708
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
TITLE I--FREMONT-MADISON IRRIGATION FACILITIES CONVEYANCE
SEC. 101. SHORT TITLE.
This title may be cited as the ``Fremont-Madison Conveyance
Act''.
SEC. 102. CONVEYANCE OF FACILITIES.
(a) Conveyance Requirement.--The Secretary of the Interior
shall convey to the Fremont-Madison Irrigation District,
Idaho, as soon as practicable after the date of enactment of
this Act and in accordance with all applicable law and
pursuant to the terms of the memorandum of agreement between
the District and the Secretary (Contract No. 1425-01-MA-10-
3310). The Secretary shall include in the facilities conveyed
under this section all right, title, and interest of the
United States in and to the canals, laterals, drains, and
other components of the water distribution and drainage
system that is operated or maintained by the District for
delivery of water to and drainage of water from lands within
the boundaries of the District as they exist upon the date of
enactment of this Act, consistent with section 107.
(b) Report.--If the Secretary has not completed any
conveyance required under this title by September 13, 2003,
the Secretary shall, by no later than that date, submit a
report to the Congress explaining the reasons that conveyance
has not been completed and stating the date by which the
conveyance will be completed.
SEC. 103. COSTS.
(a) In General.--The Secretary shall require, as a
condition of the conveyance under section 102, that the
District pay the administrative costs of the conveyance and
related activities, including the costs of any review
required under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) as described in Contract No. 1425-
01-MA-10-3310.
(b) Value of Facilities To Be Transferred.--In addition to
subsection (a) the Secretary shall also require, as condition
of the conveyance under section 102, that the District pay to
the United States the lesser of the net present value of the
remaining obligations owed by the District to the United
States with respect to the facilities conveyed, or $280,000.
Amounts received by the United States under this subsection
shall be deposited into the reclamation fund.
SEC. 104. TETON EXCHANGE WELLS.
(a) Contracts and Permit.--In conveying the Teton Exchange
Wells under section 102, the Secretary shall also convey to
the District--
(1) Idaho Department of Water Resources permit number 22-
7022, including drilled wells under the permit, as described
in Contract No. 1425-01-MA-10-3310; and
(2) all equipment appurtenant to such wells.
(b) Extension of Water Service Contract.--The water service
contract between
[[Page H6496]]
the Secretary and the District (Contract No. 7-07-10-W0179,
dated September 16, 1977) is hereby extended and shall
continue in full force and effect until all conditions
described in this title are fulfilled.
SEC. 105. NATIONAL ENVIRONMENTAL POLICY ACT OF 1969.
Prior to conveyance the Secretary shall complete all
actions as may be required under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.), and all other
applicable laws.
SEC. 106. LIABILITY.
Effective on the date of the conveyance of the facilities
described in section 102, the United States shall not be held
liable by any court for damages of any kind arising out of
any act, omission, or occurrence relating to the conveyed
facilities, except for damages caused by acts of negligence
committed by the United States or by its employees, agents,
or contractors prior to the date of conveyance. Nothing in
this section may be deemed to increase the liability of the
United States beyond that currently provided in chapter 171
of title 28, United States Code, popularly known as the
Federal Tort Claims Act.
SEC. 107. WATER SUPPLY TO DISTRICT LANDS.
The Secretary shall increase the number of acres within the
District that are eligible to receive water from the Minidoka
Project and the Teton Basin Projects to reflect the number of
acres within the District as of the date of enactment of this
Act, which includes lands annexed into the District prior to
enactment of this Act as intended by the Teton Basin Project.
This section does not in any way authorize the use of any
additional Federal Reclamation project water beyond that
which is currently authorized under their existing water
storage contracts and as allowed by State water law.
SEC. 108. EXISTING RIGHTS NOT AFFECTED.
Nothing in this title affects the rights of any person
except as provided in this title. Any conveyance under this
title shall not affect or abrogate any provision of any
contract executed by the United States or State law regarding
any irrigation district's right to use water developed in the
facilities conveyed.
SEC. 109. DEFINITIONS.
In this title:
(1) District.--The term ``District'' means the Fremont-
Madison Irrigation District, an irrigation district organized
under the law of the State of Idaho.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
TITLE II--HUMBOLT PROJECT CONVEYANCE
SEC. 201. SHORT TITLE.
This title may be cited as the ``Humboldt Project
Conveyance Act''.
SEC. 202. DEFINITIONS.
For purposes of this title:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) State.--The term ``State'' means the State of Nevada.
(3) PCWCD.--The term ``PCWCD'' means the Pershing County
Water Conservation District, a public entity organized under
the laws of the State of Nevada.
(4) Pershing county.--The term ``Pershing County'' means
the Pershing County government, a political subunit of the
State of Nevada.
(5) Lander county.--The term ``Lander County'' means the
Lander County government, a political subunit of the State of
Nevada.
SEC. 203. AUTHORITY TO CONVEY TITLE.
(a) In General.--As soon as practicable after the date of
enactment of this Act and in accordance with all applicable
law, the Secretary shall convey all right, title, and
interest in and to the lands and features of the Humboldt
Project, including all water rights for storage and
diversion, to PCWCD, the State, Pershing County, and Lander
County, consistent with the terms and conditions set forth in
the Memorandum of Agreement between PCWCD and Lander County
dated January 24, 2000, the Conceptual Agreement between
PCWCD and the State dated October 18, 2001, the Letter of
Agreement between Pershing County and the State dated April
16, 2002, and any agreements between the Bureau of
Reclamation and PCWCD.
(b) Compliance With Agreements.--All parties to the
conveyance under subsection (a) shall comply with the terms
and conditions of the agreements cited in subsection (a).
(c) Report.--If the conveyance required by this section has
not been completed within 18 months after the date of
enactment of this Act, the Secretary shall submit a report to
the Committee on Resources of the House of Representatives
and the Committee on Energy and Natural Resources of the
Senate that describes--
(1) the status of the conveyance;
(2) any obstacles to completion of the conveyance; and
(3) the anticipated date for completion of the conveyance.
SEC. 204. PAYMENT.
(a) In General.--As consideration for any conveyance
required by section 203, PCWCD shall pay to the United States
the net present value of miscellaneous revenues associated
with the lands and facilities to be conveyed.
(b) Withdrawn Lands.--As consideration for any conveyance
of withdrawn lands required by section 203, the entity
receiving title shall pay the United States (in addition to
amounts paid under subsection (a)) the fair market value for
any such lands conveyed that were withdrawn from the public
domain pursuant to the Secretarial Orders dated March 16,
1934, and April 6, 1956.
(c) Administrative Costs.--Administrative costs for
conveyance of any land or facility under this title shall be
paid in equal shares by the Secretary and the entity
receiving title to the land or facility, except costs
identified in subsections (d) and (e).
(d) Real Estate Transfer Costs.--As a condition of any
conveyance of any land or facility required by section 203,
costs of all boundary surveys, title searches, cadastral
surveys, appraisals, and other real estate transactions
required for the conveyance shall be paid by the entity
receiving title to the land or facility.
(e) NEPA Costs.--Costs associated with any review required
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) for conveyance of any land or facility
under section 203 shall be paid in equal shares by the
Secretary and the entity receiving title to the land or
facility.
(f) State of Nevada.--The State shall not be responsible
for any payments for land or facilities under this section.
Any proposal by the State to reconvey to another entity land
conveyed by the Secretary under this title shall be pursuant
to an agreement with the Secretary providing for fair market
value to the United States for the lands, and for continued
management of the lands for recreation, wildlife habitat,
wetlands, or resource conservation.
SEC. 205. COMPLIANCE WITH OTHER LAWS.
Following the conveyance required by section 203, the
district, the State, Pershing County, and Lander County
shall, with respect to the interests conveyed, comply with
all requirements of Federal, State, and local law applicable
to non-Federal water distribution systems.
SEC. 206. REVOCATION OF WITHDRAWALS.
Effective on the date of the conveyance required by section
203, the Secretarial Orders dated March 16, 1934, and April
6, 1956, that withdrew public lands for the Rye Patch
Reservoir and the Humboldt Sink, are hereby revoked.
SEC. 207. LIABILITY.
Effective on the date of the conveyance required by section
203, the United States shall not be held liable by any court
for damages of any kind arising out of any act, omission, or
occurrence relating to the Humboldt Project, except for
damages caused by acts of negligence committed by the United
States or by its employees or agents prior to the date of
conveyance. Nothing in this section shall be considered to
increase the liability of the United States beyond that
currently provided in chapter 171 of title 28, United States
Code, popularly known as the Federal Tort Claims Act.
SEC. 208. NATIONAL ENVIRONMENTAL POLICY ACT.
Prior to any conveyance under this title, the Secretary
shall complete all actions as may be required under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.), and all other applicable laws.
SEC. 209. FUTURE BENEFITS.
Upon conveyance of the lands and facilities by the
Secretary under this title, the Humboldt Project shall no
longer be a Federal reclamation project and the district
shall not be entitled to receive any future reclamation
benefits with respect to that project, except those benefits
that would be available to other nonreclamation districts.
TITLE III--JICARILLA APACHE RESERVATION RURAL WATER SYSTEM
SEC. 301. SHORT TITLE.
This title may be cited as the ``Jicarilla Apache
Reservation Rural Water System Act''.
SEC. 302. PURPOSES.
The purposes of this title are as follows:
(1) To ensure a safe and adequate rural, municipal, and
water supply and wastewater systems for the residents of the
Jicarilla Apache Reservation in the State of New Mexico in
accordance with Public Law 106-243.
(2) To authorize the Secretary of the Interior, through the
Bureau of Reclamation, in consultation and collaboration with
the Jicarilla Apache Nation--
(A) to plan, design, and construct the water supply,
delivery, and wastewater collection systems on the Jicarilla
Apache Reservation in the State of New Mexico; and
(B) to include service connections to facilities within the
town of Dulce and the surrounding area, and to individuals as
part of the construction.
(3) To require the Secretary, at the request of the
Jicarilla Apache Nation, to enter into a self-determination
contract with the Jicarilla Apache Nation under title I of
the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450f et seq.) under which--
(A) the Jicarilla Apache Nation shall plan, design, and
construct the water supply, delivery, and wastewater
collection systems, including service connections to
communities and individuals; and
(B) the Bureau of Reclamation shall provide technical
assistance and oversight responsibility for such project.
(4) To establish a process in which the Jicarilla Apache
Nation shall assume title
[[Page H6497]]
and responsibility for the ownership, operation, maintenance,
and replacement of the system.
SEC. 303. DEFINITIONS.
As used in this title:
(1) BIA.--The term ``BIA'' means the Bureau of Indian
Affairs, an agency within the Department of the Interior.
(2) Irrigation.--The term ``irrigation'' means the
commercial application of water to land for the purpose of
establishing or maintaining commercial agriculture in order
to produce field crops and vegetables for sale.
(3) Reclamation.--The term ``Reclamation'' means the Bureau
of Reclamation, an agency within the Department of the
Interior.
(4) Report.--The term ``Report'' means the report entitled
``Planning Report/Environmental Assessment, Water and
Wastewater Improvements, Jicarilla Apache Nation, Dulce, New
Mexico'', dated September 2001, which was completed pursuant
to Public Law 106-243.
(5) Reservation.--The term ``Reservation'' means the
Jicarilla Apache Reservation in the State of New Mexico,
including all lands and interests in land that are held in
trust by the United States for the Tribe.
(6) Rural water supply project.--The term ``Rural Water
Supply Project'' means a municipal, domestic, rural, and
industrial water supply and wastewater facility area and
project identified to serve a group of towns, communities,
cities, tribal reservations, or dispersed farmsteads with
access to clean, safe domestic and industrial water, to
include the use of livestock.
(7) State.--The term ``State'' means the State of New
Mexico.
(8) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Bureau of Reclamation.
(9) Tribe.--The term ``Tribe'' means the Jicarilla Apache
Nation.
SEC. 304. JICARILLA APACHE RESERVATION RURAL WATER SYSTEM.
(a) Construction.--The Secretary, in consultation and
collaboration with the Tribe, shall plan, design, and
construct the Rural Water Supply Project to improve the water
supply, delivery, and wastewater facilities to the town of
Dulce, New Mexico, and surrounding communities for the
purpose of providing the benefits of clean, safe, and
reliable water supply, delivery, and wastewater facilities.
(b) Scope of Project.--The Rural Water Supply Project shall
consist of the following:
(1) Facilities to provide water supply, delivery, and
wastewater services for the community of Dulce, the Mundo
Ranch Development, and surrounding areas on the Reservation.
(2) Pumping and treatment facilities located on the
Reservation.
(3) Distribution, collection, and treatment facilities to
serve the needs of the Reservation, including, but not
limited to, construction, replacement, improvement, and
repair of existing water and wastewater systems, including
systems owned by individual tribal members and other
residents on the Reservation.
(4) Appurtenant buildings and access roads.
(5) Necessary property and property rights.
(6) Such other electrical power transmission and
distribution facilities, pipelines, pumping plants, and
facilities as the Secretary deems necessary or appropriate to
meet the water supply, economic, public health, and
environmental needs of the Reservation, including, but not
limited to, water storage tanks, water lines, maintenance
equipment, and other facilities for the Tribe on the
Reservation.
(c) Cost Sharing.--
(1) Tribal share.--Subject to paragraph (3) and subsection
(d), the tribal share of the cost of the Rural Water Supply
Project is comprised of the costs to design and initiate
construction of the wastewater treatment plant, to replace
the diversion structure on the Navajo River, and to construct
raw water settling ponds, a water treatment plant, water
storage plants, a water transmission pipeline, and
distribution pipelines, and has been satisfied.
(2) Federal share.--Subject to paragraph (3) and subsection
(d), the Federal share of the cost of the Rural Water Supply
Project shall be all remaining costs of the project
identified in the Report.
(3) Operation and maintenance.--The Federal share of the
cost of operation and maintenance of the Rural Water Supply
Project shall continue to be available for operation and
maintenance in accordance with the Indian Self-Determination
Act, as set forth in this title.
(d) Operation, Maintenance, and Replacement After
Completion.--Upon determination by the Secretary that the
Rural Water Supply Project is substantially complete, the
Tribe shall assume responsibility for and liability related
to the annual operation, maintenance, and replacement cost of
the project in accordance with this title and the Operation,
Maintenance, and Replacement Plan under chapter IV of the
Report.
SEC. 305. GENERAL AUTHORITY.
The Secretary is authorized to enter into contracts,
grants, cooperative agreements, and other such agreements and
to promulgate such regulations as may be necessary to carry
out the purposes and provisions of this title and the Indian
Self-Determination Act (Public Law 93-638; 25 U.S.C. 450 et
seq.).
SEC. 306. PROJECT REQUIREMENTS.
(a) Plans.--
(1) Project plan.--Not later than 60 days after funds are
made available for this purpose, the Secretary shall prepare
a recommended project plan, which shall include a general map
showing the location of the proposed physical facilities,
conceptual engineering drawings of structures, and general
standards for design for the Rural Water Supply Project.
(2) OM&R plan.--The Tribe shall develop an operation,
maintenance, and replacement plan, which shall provide the
necessary framework to assist the Tribe in establishing rates
and fees for customers of the Rural Water Supply Project.
(b) Construction Manager.--The Secretary, through
Reclamation and in consultation with the Tribe, shall select
a project construction manager to work with the Tribe in the
planning, design, and construction of the Rural Water Supply
Project.
(c) Memorandum of Agreement.--The Secretary shall enter
into a memorandum of agreement with the Tribe that commits
Reclamation and BIA to a transition plan that addresses
operations and maintenance of the Rural Water Supply Project
while the facilities are under construction and after
completion of construction.
(d) Oversight.--The Secretary shall have oversight
responsibility with the Tribe and its constructing entity and
shall incorporate value engineering analysis as appropriate
to the Rural Water Supply Project.
(e) Technical Assistance.--The Secretary shall provide such
technical assistance as may be necessary to the Tribe to
plan, develop, and construct the Rural Water Supply Project,
including, but not limited to, operation and management
training.
(f) Service Area.--The service area of the Rural Water
Supply Project shall be within the boundaries of the
Reservation.
(g) Other Law.--The planning, design, construction,
operation, and maintenance of the Rural Water Supply Project
shall be subject to the provisions of the Indian Self-
Determination Act (25 U.S.C. 450 et seq.).
(h) Report.--During the year that construction of the Rural
Water Supply Project begins and annually until such
construction is completed, the Secretary, through Reclamation
and in consultation with the Tribe, shall report to Congress
on the status of the planning, design, and construction of
the Rural Water Supply Project.
(i) Title.--Title to the Rural Water Supply Project shall
be held in trust for the Tribe by the United States and shall
not be transferred or encumbered without a subsequent Act of
Congress.
SEC. 307. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to
carry out this title $45,000,000 (January 2002 dollars) plus
or minus such amounts, if any, as may be justified by reason
of changes in construction costs as indicated by engineering
cost indexes applicable to the types of construction involved
for the planning, design, and construction of the Rural Water
Supply Project as generally described in the Report dated
September 2001.
(b) Conditions.--Funds may not be appropriated for the
construction of any project authorized under this title until
after--
(1) an appraisal investigation and a feasibility study have
been completed by the Secretary and the Tribe; and
(2) the Secretary has determined that the plan required by
section 306(a)(2) is completed.
(c) NEPA.--The Secretary shall not obligate funds for
construction until after the requirements of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) are
met with respect to the Rural Water Supply Project.
SEC. 308. PROHIBITION ON USE OF FUNDS FOR IRRIGATION
PURPOSES.
None of the funds made available to the Secretary for
planning or construction of the Rural Water Supply Project
may be used to plan or construct facilities used to supply
water for the purposes of irrigation.
SEC. 309. WATER RIGHTS.
The water rights of the Tribe are part of and included in
the Jicarilla Apache Tribe Water Rights Settlement Act
(Public Law 102-441). These rights are adjudicated under New
Mexico State law as a partial final judgment and decree
entered in the Eleventh Judicial District Court of New
Mexico. That Act and decree provide for sufficient water
rights under ``historic and existing uses'' to supply water
for the municipal water system. These water rights are
recognized depletions within the San Juan River basin and no
new depletions are associated with the Rural Water Supply
Project. In consultation with the United States Fish and
Wildlife Service, Reclamation has determined that there shall
be no significant impact to endangered species as a result of
water depletions associated with this project. No other water
rights of the Tribe shall be impacted by the Rural Water
Supply Project.
TITLE IV--TOM GREEN COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1
REPAYMENT CONTRACT EXTENSION
SEC. 401. TOM GREEN COUNTY WATER CONTROL AND IMPROVEMENT
DISTRICT NO. 1; REPAYMENT PERIOD EXTENDED.
The Secretary of the Interior may revise the repayment
contract with the Tom Green County Water Control and
Improvement District No. 1 numbered 14-06-500-369, by
extending the period authorized for repayment of reimbursable
constructions costs of the San Angelo project from 40 years
to 50 years.
[[Page H6498]]
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Utah (Mr. Hansen) and the gentleman from West Virginia (Mr. Rahall)
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.
H.R. 4708, the Fremont-Madison Conveyance Act of 2002, directs the
Secretary of the Interior to transfer all right, title and interest of
the United States in and to all components of the water system that are
operated and maintained by the Fremont-Madison Irrigation District to
the district. This title transfer must take place pursuant to a
memorandum of agreement between the Secretary of the Interior and
Fremont-Madison Irrigation District dated September 13, 2001.
The second component of this bill is H.R. 5039, the Humboldt Project
Conveyance Act of 2002. H.R. 5039, the Humboldt Project Conveyance Act
of 2002, directs the Secretary of the Interior to transfer the title
and interest of the United States in and to certain irrigation project
property in the Humboldt Project, Nevada, that are operated and
maintained by the Pershing County Water Conservation District to the
district. This title transfer must take place pursuant to a memorandum
of agreement between the Secretary of the Interior acting through the
Bureau of Reclamation and Pershing County Water Conservation District.
The third component is H.R. 3223, Jicarilla Apache Reservation Rural
Water System Act of 2001. H.R. 3222, the Jicarilla Apache Reservation
Rural Water System Act of 2001, will allow the Jicarilla Apache Nation
to work with the Bureau of Reclamation to plan, design and construct a
water supply delivery and wastewater collection system which would
bring the water quality up to Federal water quality standards and allow
for continued development in the area by expanding the quality of
potable water available.
The fourth component is H.R. 4910, to revise the repayment contract
with the Tom Green County Water Control and Improvement District No. 1,
San Angelo Project, Texas. H.R. 4910 authorizes the Secretary of the
Interior to revise a repayment contract with the Tom Green County Water
Control and Improvement District No. 1 in Texas. Due to the ongoing
drought in the area, the district has had very limited quantities of
water to deliver to their constituents and limited revenues to repay
their required repayment obligation. This bill will authorize the
Secretary to extend the repayment period to allow the annual payments
to remain constant and allow for the repayment of the remaining
obligation over a longer period of time.
All of these measures are noncontroversial bills. I urge their
passage.
Mr. Speaker, I reserve the balance of my time.
Mr. RAHALL. Mr. Speaker, I yield myself such time as I may consume.
The majority has already explained this bill, which would address
water management needs in four western States. It is important to
mention that certain conditions must be met before local project
sponsors take over any project facilities now owned by the United
States. Prior to completing the project conveyances authorized in title
I and II of this bill, the Secretary of the Interior is directed to
comply with all applicable statutes. This includes the National
Environmental Policy Act, the Endangered Species Act, the National
Historic Preservation Act, and any other laws that apply to the
transfer.
The Congress recognizes that there may be ways to condition the
transfers to mitigate any issues raised during the environmental
reviews conducted prior to conveyance. But compliance with applicable
laws prior to conveyance is not optional; it is required by the bill.
I extend my compliments to the gentleman from New Mexico (Mr. Udall)
for his hard work on title III of this bill, which will literally
change the lives of the people who live in the affected area of the
State of New Mexico. The gentleman from New Mexico is a very
distinguished and hardworking representative for his people and
deserves a great deal of praise for what has gone into this particular
legislation.
In addition, I would note that title IV of this bill includes
legislation sponsored by the gentleman from Texas (Mr. Stenholm). His
leadership in sponsoring this worthy legislation will assist farmers in
his district as they cope with the continuing drought. I commend the
gentleman from Texas for his suburb leadership.
Mr. Speaker, I yield such time as he may consume to the distinguished
gentleman from New Mexico (Mr. Udall).
{time} 1545
Mr. UDALL of New Mexico. Mr. Speaker, I thank the ranking member, the
gentleman from West Virginia (Mr. Rahall), and the gentleman from Utah
(Chairman Hansen), for all of their hard work and leadership on this
bill.
I rise today to speak to title III of H.R. 4708, which contains the
Jicarilla Apache Rural Water System Act which I introduced on November
1, 2001, and which the Committee on Resources reported to the House on
September 4, 2002.
I would like to thank the 12 bipartisan cosponsors of this
legislation, and I am thankful to the committee for including these
provisions in this overall bill.
The Jicarilla Apache Rural Water System Act will greatly improve the
quality of safe and reliable drinking water to the reservation. It will
also support an adequate wastewater treatment system. This legislation
addresses critical public health issues for the tribe and for North-
Central New Mexico.
For over 2 decades, the current system, the Dulce municipal water
system, has deteriorated due to a lack of funds and capital
improvements made by the Federal trustee. The Jicarilla Nation has
invested $14 million in their efforts to improve the quality of its
municipal water and waste water system. The Jicarilla's investment of
over $14 million is roughly 25 percent of the total project cost.
The lack of investment and rehabilitation in the municipal water
system constructed by the BIA in the 1920s and expanded in the 1960s
has led to the delivery of inadequate water to the residents of the
reservation and surrounding communities. The completion of this project
will allow tribal development, such as building additional housing,
schools, medical facilities and elderly care facilities, just to name a
few.
This legislation will enable the Jicarilla Apache Nation to work with
the Bureau of Reclamation to plan, design and construct the water
supply, delivery and waste water collection system. These improvements
would bring the water quality up to Federal water quality standards.
In addition, the legislation will allow for continued development in
the area of expanding the quantity of potable water. The Bureau of
Reclamation will be responsible for the construction costs of this
project, while the Jicarilla Apache Nation will assume the annual
operation, maintenance and replacement costs of the project.
I would also like to thank Lori Sonken, Steve Lanich and Marie Howard
of the Committee on Resources minority staff, as well as Josh Johnson
and Doug Yoder of the Committee on Resources majority staff for working
closely with my office on this important legislation.
Mr. HANSEN. Mr. Speaker, I yield such time as he may consume to the
gentleman from Nevada (Mr. Gibbons).
Mr. GIBBONS. Mr. Speaker, I thank the gentleman for yielding me time.
Mr. Speaker, my bill, H.R. 5039, would direct the Secretary of
Interior to convey title to certain irrigation project property in the
Humboldt Project, Nevada, to the Pershing County Water Control
District, the State of Nevada and to Lander and Pershing Counties.
The Pershing County Water Conservation District will receive the Rye
Patch Reservoir along with specific lands along the reservoir and title
for acquired passage lands. The State of Nevada will receive all the
withdrawn lands above the high water mark at Rye Patch to be added to
existing State park and withdrawn lands in the Humboldt Sink area and
in Lander County to be managed as wetlands.
All lands being conveyed to the State will be used for recreation,
wildlife
[[Page H6499]]
habitat, wetlands or resource conversation, pursuant to the agreement
between the State of Nevada and the Pershing County Water Conservation
District. Lander County will receive title to designated pasture lands
and Pershing County will acquire lands immediately adjacent to Derby
Airport for maintenance and future expansion purposes.
Over the past 5 years, the Pershing County Water Conservation
District has undergone an extensive consensus-based process with the
Federal Government, the counties and the State of Nevada. They have
also conducted outreach with local representatives of environmental
organizations.
As a result of public comments received through scoping meetings and
in their other convenient views, the Pershing County Water Conservation
District has continued to reformulate their proposal in a sincere
attempt to address all concerns. They should be commended for their
efforts.
Mr. Speaker, this bill ratifies agreement between the Bureau of
Reclamation and the Pershing County Water Conservation District, the
State and the counties. It has the support of the Governor of Nevada,
the Humboldt River Basin Water Authority and the counties of Lander and
Pershing in Nevada as well. The Department of Interior and the Bureau
of Reclamation are on record as supporters of transferring title to the
reclamation project to the local entities.
This is the third and hopefully final attempt to obtain title to
Humboldt Project facilities since it repaid its original project loan
back in 1978. The Pershing County Water Conservation District operates
and maintains the project and its constituents are the sole
beneficiaries of the project. Local control is the logical choice.
Mr. Speaker, I encourage my colleagues to pass this legislation.
Mr. STENHOLM. Mr. Speaker, I rise in strong support of H.R. 4708,
which includes legislation I introduced to extend a repayment period
for the Tom Green County Water Control and Improvement District No. 1.
The Tom Green County Water Control and Improvement District No. 1 has
an outstanding loan with the Department of Interior for the
construction of an irrigation canal. The remaining balance is
approximately $2.4 million. The farmers in the District have made
diligent efforts to make timely payments on the contract. They have
paid 38 percent (about $1.5 million) of the original debt owed to the
Department of Interior despite the fact that they have yet to receive a
fair return on their investment.
In West Texas, there is virtually nothing of a higher daily concern
than the availability of water. In recent years, Texas has been
devastated by drought. As a result, the farmers have received a full
year's allocation of irrigation water only 50 percent of the time.
Moreover, for the other 50 percent of the time, they received either
less than the annual allocation or no irrigation water at all.
Payment on the debt has never been forgiven, even in years when the
District received no water. Deferments have been granted seven times;
however, those payments still have to be made. They are added to the
remaining balance and the payments continue to get higher annually
because the original contract end date does not change.
To make matters worse, the concrete lining placed in the canal in
1960 has started to deteriorate after forty-two years and repairs are
necessary. These repairs are very expensive. Farmers simply cannot
sustain paying the costs of the annual operation and maintenance costs
due to the irrigation district, the bureau of Reclamation annual
payment, and extensive repair costs when little or no water is
available.
The Bureau of Reclamation has stated that the increased payments, as
a result of continued deferments due to the drought conditions, are
making it increasingly difficult on the farmers' ability to repay the
annual payments. The increased annual payments place additional
financial burdens on the District and increasing these payments further
will only lead to future difficulty that the Bureau of Reclamation
cannot remedy. Only Congress can remedy the long-term problem, which is
why I have introduced H.R. 4910 to get this loan restructured.
This legislation would allow the Secretary of Interior to revise the
repayment contract (No. 14-06-500-369) by extending the period
authorized for repayment of reimbursable construction costs of the
canal from 40 to 50 years.
These Tom Green County farmers have been doing their part to meet
their responsibilities. When year-after-year the water was unavailable,
their only recourse was to ask for an extension on the loan. I'm glad
Tom Green County Commissioner Clayton Friend brought this to my
attention and I'm very appreciative of the speedy Resources Committee
action. I have high hopes that we will be able to get this bill to the
President within the next few weeks.
On behalf of the farmers in my district, I urge you to support H.R.
4708.
Mr. SIMPSON. Mr. Speaker, I rise today to thank you for considering
H.R. 4708, the Freemont Madison Conveyance Act. Under H.R. 4708, the
Cross-cut Diversion Dam, Cross-cut Canal and five wells with associated
water rights would be owned and operated by the FMID. The district has
operated and maintained these facilities since they were constructed.
In July the Resources Committee held a hearing on H.R. 4708. During
this hearing the Bureau of Reclamation expressed concern over capping
the costs for the required NEPA study and administrative costs
associated with the transfer.
After the hearing I worked with the Bureau and Freemont Madison
Irrigation District to find a solution that is acceptable. The
Resources Committee marked up an amended version of H.R. 4708. The
amendment in the nature of the substitute was agreed up by all
interested parties and was subsequently reported out of the Committee
by unanimous consent.
This bill is the culmination of many years of hard work by the
members of the Freemont-Madison Irrigation District. In fact, it is one
of the first issues I was approached with when I was elected to my
first term in the House almost four years ago. I know the members of
the Freemont-Madison will continue to provide quality service and
remain the good stewards of the natural resources that are at their
disposal upon transfer of this title and I look forward to the passage
of H.R. 4708.
Mr. RAHALL. 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. Jeff Miller of Florida). 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. 4708, 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.
The title is amended so as to read: ``A bill to authorize the
Secretary of the Interior to convey certain facilities to the Fremont-
Madison Irrigation District, and for other purposes.''.
A motion to reconsider was laid on the table.
____________________