[Congressional Record Volume 154, Number 75 (Wednesday, May 7, 2008)]
[House]
[Pages H3187-H3188]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    CONGRESSIONAL EARMARKS, LIMITED TAX BENEFITS, OR LIMITED TARIFF 
                                BENEFITS

  Under clause 9 of rule XXI, lists or statements on congressional 
earmarks, limited tax benefits, or limited tariff benefits were 
submitted as follows:

                       Offered By Mrs. Bono Mack

       Bill Number: H.R. 4841.
       Account: Bureau of Indian Affairs, Indian Land and Water 
     Claim Settlements.
       Legal Name of Requesting Entity: Soboba Band of Luiseno 
     Indians.
       Address of Requesting Entity: P.O. Box 487, San Jacinto, CA 
     925816.
       Description of Request: Within H.R. 4841, funding is 
     authorized for the Soboba Band of Luiseno Indians (Tribe), as 
     well as those that were party to the Settlement Agreement in 
     the legislation, and overseen by Eastern Municipal Water 
     District, as they will submit a plan to the Secretary of the 
     Interior on behalf of the Water Management Plan. The Tribe is 
     requesting the appropriation of $10,500,000, as authorized by 
     the legislation. Specifically, the Tribe requests $5,500,000 
     to be appropriated in the FY 2010 budget to the

[[Page H3188]]

     Soboba Band of Luiseno Indians Water Development Fund to pay 
     or reimburse costs associated with constructing, operating, 
     and maintaining water and sewage infrastructure, and other 
     water-related development projects. The Tribe and other local 
     cities and Water Districts also are interested in $5,500,000 
     being appropriated in the FY 2010 Budget to San Jacinto Basin 
     Restoration Fund to pay or reimburse the costs associated 
     with constructing, operating, and maintaining the portion of 
     the San Jacinto Basin recharge project. These Funds will be 
     established and authorized for appropriation upon final 
     approval of H.R. 4841.
       H.R. 4841 was heard by the House Subcommittee on Water & 
     Power on March 13, 2008. Based upon the strong testimony of 
     Majel Russell, Principal Deputy Assistant Secretary of Indian 
     Affairs, Department of the Interior and the statements made 
     by Members of the Subcommittee, it is my hope that the 
     legislation will be favorably reported by the Subcommittee 
     and full Committee on Natural Resources.
       Juistification for Inclusion in FY 2010 Budget: There are 
     several reasons why it is important that this authorization 
     moves forward, so that funding could ideally be reflected in 
     the 2010 Budget. First, the groundwater basin to which the 
     settlement applies is in substantial overdraft. Second, this 
     shortage is further aggravated by current severe drought 
     conditions and by new environmental restrictions on imports 
     via the State Water Project and Colorado River Aqueduct. 
     Finally, the Tribe, as well as the Water Districts and local 
     communities, will incur substantial interest and 
     opportunity costs by delays in appropriations.


  Current Drought and Environmental Restrictions Are Impacting Water 
                             Replenishment

       These current activities and situations in California will 
     have an adverse impact on water replenishment to the region:
       U.S. District Court Judge Oliver W. Wanger's May 25, 2007 
     determination on the inadequacy of the U.S. Fish and Wildlife 
     Service Agency's Biological Opinion on the Delta Smelt (See 
     Natural Resources Defense Council v. Dirk Kempthorne, 1:05-
     CV-01207 OWW);
       Seven year drought at the Colorado River basin, according 
     to the Bureau of Reclamation (See http://www.usbr.gov/uc/
feature/drought.html (last visited March 20, 2008));
       Observation of extensive Quagga Mussel growth in the 
     Colorado River Aqueduct system, according to California 
     Science Advisory Panel (See http://www.dfg.ca.gov/invasives/
guaggamussel/does/2007-SAP-Report.pdf, last visited March 20, 
     2008);
       Record low rainfalls in the San Jacinto Valley.
       These combined occurrences have eliminated imported water 
     replenishment into the San Jacinto Basin.


Water Districts, local communities and the Tribe will face significant 
      financial and opportunity impacts from a three-year schedule

       To meet the original December 31, 2007, contained deadline 
     in the Settlement Agreement, Eastern Municipal Water District 
     and Lake Hemet Municipal Water District, initiated 
     discussions with the Cities of Hemet and San Jacinto to 
     determine the equitable share of each local entity for the 
     construction of the recharge facilities. Based on the 
     discussions between these four local entities (which began 
     several years ago) and the urgency to meet the December 2007 
     deadline set by the original Settlement Agreement, the local 
     entities decided to initiate construction of recharge 
     facilities in March of 2007. The local parties have been in 
     negotiations for several years on how they would pay for 
     these facilities. The project cost is currently estimated at 
     $23 million, in addition to the existing facilities that are 
     already in place. The groundwater utilization as a water 
     supply by the four local entitles also requires the cities of 
     Hemet and San Jacinto to pay for about one third of the costs 
     related to this project. The timing of the project's 
     financing is thus important to my Congressional District.