[House Report 107-155]
[From the U.S. Government Publishing Office]



107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    107-155

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           PACIFIC NORTHWEST FEASIBILITY STUDIES ACT OF 2001

                                _______
                                

 July 24, 2001.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Hansen, from the Committee on Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 1937]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 1937) to authorize the Secretary of the Interior to 
engage in certain feasibility studies of water resource 
projects in the State of Washington, having considered the 
same, report favorably thereon with an amendment and recommend 
that the bill as amended do pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Pacific Northwest Feasibility Studies 
Act of 2001''.

SEC. 2. AUTHORIZATION OF FEASIBILITY STUDIES.

  (a) In General.--The Secretary of the Interior may engage in the 
following feasibility studies:
          (1) The Tulalip Tribes Water Quality Feasibility Study, to 
        identify ways to meet future domestic and commercial water 
        distribution needs of the Tulalip Indian Reservation on the 
        Eastern Shore of Puget Sound, Washington.
          (2) The Lower Elwha Klallam Rural Water Supply Feasibility 
        Study, to identify additional rural water supply sources for 
        the Lower Elwha Indian Reservation on the Olympic Peninsula, 
        Washington.
          (3) The Makah Community Water Source Project Feasibility 
        Study, to identify ways to meet the current and future domestic 
        and commercial water supply and distribution needs of the Makah 
        Indian Tribe on the Olympic Peninsula, Washington.
  (b) Public Availability of Results.--The Secretary of the Interior 
shall make available to the public, upon request, the results of each 
feasibility study authorized under subsection (a), and shall promptly 
publish in the Federal Register a notice of the availability of those 
results.

                          PURPOSE OF THE BILL

    The purpose of H.R. 1937 is to authorize the Secretary of 
the Interior to engage in certain feasibility studies of water 
resource projects in the State of Washington.

                  BACKGROUND AND NEED FOR LEGISLATION

    H.R. 1937 will authorize the Secretary of the Interior to 
complete three feasibility studies of water resource projects 
in the State of Washington. The primary purpose of these 
studies is to investigate the feasibility of providing potable 
water and wastewater distribution systems to meet the future 
domestic and commercial needs of the Tulalip, Lower Klallam, 
and Makah tribes. The feasibility studies are detailed 
investigations to identify a preferred plan to be sent to 
Congress with a recommendation for construction authorization 
and funding. A National Environmental Policy Act analysis will 
be completed concurrently with the feasibility report.

                            COMMITTEE ACTION

    H.R. 1937 was introduced on May 22, 2001, by Congressman 
Rick Larson (D-WA). The bill was referred to the Committee on 
Resources, and within the Committee to the Subcommittee on 
Water and Power. On June 27, 2001, the Full Resources Committee 
met to consider the bill. The Subcommittee on Water and Power 
was discharged from further consideration of the bill by 
unanimous consent. Congressman Adam Smith offered an amendment 
to change the word ``groundwater'' to ``rural water''. It was 
passed by voice. The bill, as amended, was then ordered 
favorably reported to the House of Representatives by voice 
vote.

                      SECTION-BY-SECTION ANALYSIS

    This legislation will authorize the Secretary of the 
Interior to conduct the following feasibility studies:
    (1) The Tulalip Tribes Water Quality Feasibility Study, to 
identify ways to meet future domestic and commercial water 
distribution needs of the Tulalip Indian Reservation on the 
Eastern Shore of Puget Sound, Washington.
    (2) The Lower Elwha Klallam Rural Water Supply Feasibility 
Study, to identify additional groundwater supply sources for 
the Lower Elwha Indian Reservation on the Olympic Peninsula, 
Washington.
    (3) The Makah Community Water Source Project Feasibility 
Study, to identify ways to meet the current and future domestic 
and commercial water supply and distribution needs of the Makah 
Indian Tribe on the Olympic Peninsula, Washington.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. This bill does 
not authorize funding and therefore, clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives does not 
apply.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, July 3, 2001.
Hon. James V. Hansen,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1937, the Pacific 
Northwest Feasibility Studies Act of 2001.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Julie 
Middleton.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 1937--Pacific Northwest Feasibility Studies Act of 2001

    H.R. 1937 would authorize the Secretary of the Interior to 
conduct three water quality and quantity feasibility studies 
for three different Indian tribes in the state of Washington. 
Two of the studies would identify ways to meet future water 
distribution needs of the Tulalip Indian Reservation and the 
Makah Indian Tribe. The third study would identify additional 
rural water sources for the Lower Elwha Indian Reservation.
    Based on information from the Bureau of Reclamation, CBO 
estimates that implementing H.R. 1937 would cost less than $1 
million over the 2002-2003 period, assuming the availability of 
appropriated funds. H.R. 1937 would not affect direct spending 
or receipts; therefore, pay-as-you-go procedures would not 
apply. H.R. 1937 contains no intergovernmental or private-
sector mandates as defined in the Unfunded Mandates Reform Act 
and would impose no costs on state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Julie Middleton. 
This estimate was approved by Peter H. Fontaine, Deputy 
Assistant Director for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.

                                
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