[House Report 107-629]
[From the U.S. Government Publishing Office]
107th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 107-629
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JICARILLA APACHE RESERVATION RURAL WATER SYSTEM ACT
_______
September 4, 2002.--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. 3223]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 3223) to authorize the Secretary of the Interior, through
the Bureau of Reclamation, to construct the Jicarilla Apache
Nation Municipal Water Delivery and Wastewater Collection
Systems in the State of New Mexico, and for other purposes,
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 ``Jicarilla Apache Reservation Rural
Water System Act''.
SEC. 2. PURPOSES.
The purposes of this Act 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 said
project.
(4) To establish a process in which the Jicarilla Apache
Nation shall assume title and responsibility for the ownership,
operation, maintenance, and replacement of the system.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) Act.--The term ``Act'' means the Jicarilla Apache
Reservation Rural Water System Act.
(2) BIA.--The term ``BIA'' means the Bureau of Indian
Affairs, an agency within the Department of the Interior.
(3) 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.
(4) Reclamation.--The term ``Reclamation'' means the Bureau
of Reclamation, an agency within the Department of the
Interior.
(5) 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.
(6) 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.
(7) 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.
(8) State.--The term ``State'' means the State of New Mexico.
(9) Secretary.--The term ``Secretary'' means the Secretary of
the Interior, acting through the Bureau of Reclamation.
(10) Tribe.--The term ``Tribe'' means the Jicarilla Apache
Nation.
SEC. 4. 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 Act.
(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 Act and the Operation,
Maintenance, and Replacement Plan under chapter IV of the Report.
SEC. 5. 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 Act and the Indian Self-Determination Act (Public
Law 93-638; 25 U.S.C. 450 et seq.).
SEC. 6. 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. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry out
this Act $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 Act 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 6(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 Rural Water
Supply Project.
SEC. 8. 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. 9. 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 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.
PURPOSE OF THE BILL
The purpose of H.R. 3223 is to authorize the Secretary of
the Interior, through the Bureau of Reclamation, to construct
the Jicarilla Apache Nation Municipal Water Delivery and
Wastewater Collection Systems in the State of New Mexico, and
for other purposes.
BACKGROUND AND NEED FOR LEGISLATION
Beginning in 1972 the Jicarilla Tribal Council initiated
efforts to address its future water right needs. Public Law
102-441, enacted in 1992, entitled the Jicarilla Apache Nation
to perpetual water rights to help secure a more permanent water
supply. Since 1972, as economic conditions have changed, the
village of Dulce, located on the Jicarilla Apache Reservation
in New Mexico, has become the urban center of the area due to a
population shift from farm and ranch land to the town. While
this change has taken place there has been no concerted effort
to develop a comprehensive community land use and
infrastructure development plan.
The current water system for Dulce is owned by the Bureau
of Indian Affairs, and consists of a piecemeal municipal water
delivery and wastewater collection system on the Jicarilla
Apache Reservation. This system has deteriorated over the years
due to lack of capital improvements and maintenance by the
Bureau of Indian Affairs. Because of this deterioration, the
wastewater system and sewage lagoons operate at over 100
percent capacity during the summer months and over 500 percent
capacity during the winter months. Proponents of the
legislation argue that a lack of reliable potable water impedes
economic development and has detrimental effects on the quality
of life, including public health, and economic self-sufficiency
of the Jicarilla Apache Nation.
Public Law 106-243 directed the Secretary of the Interior,
through the Bureau of Reclamation, to conduct a feasibility
study to determine the most feasible methods of developing a
safe and adequate water supply for the Jicarilla Apache Nation.
H.R. 3223 would authorize construction of the rural water
supply project recommended in the planning report and
environmental assessment entitled Municipal Water and
Wastewater Systems Improvement Jicarilla Apache Nation Dulce,
New Mexico, prepared as a result of Public Law 106-243.
This legislation will allow the Jicarilla Apache Nation to
work with the Bureau of Reclamation to plan, design, and
construct the 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 quantity of potable water available. 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.
COMMITTEE ACTION
H.R. 3223 was introduced on November 1, 2001, by
Congressman Tom Udall (D-NM). The bill was referred to the
Committee on Resources, and within the Committee to the
Subcommittee on Water and Power. The Subcommittee held a
legislative hearing on the bill on June 5, 2002. On June 26,
2002, 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. Mr. Tom Udall
offered an amendment adopted by unanimous consent to clarify
that the costs the tribe has expended to date for planning and
to initiate construction constitutes its cost sharing
obligation. The amendment also clarifies that the tribe will
pay for operation and maintenance expenses once the Secretary
determines that the project is substantially complete. The
amendment was adopted by unanimous consent. No further
amendments were offered and the bill as amended was ordered
favorably reported to the House of Representatives by unanimous
consent.
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. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to authorize the Secretary of the
Interior, through the Bureau of Reclamation, to construct the
Jicarilla Apache Nation Municipal Water Delivery and Wastewater
Collection Systems in the State of New Mexico, and for other
purposes.
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, August 6, 2002.
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. 3223, the
Jicarilla Apache Reservation Rural Water System Act.
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. 3223--Jicarilla Apache Reservation Rural Water System Act
Summary: H.R. 3223 would require the Secretary of the
Interior through the Bureau of Reclamation to plan, design, and
construct water supply, delivery, and wastewater collection
systems on the Jicarilla Apache Reservation in New Mexico. In
addition, the bill would require the Secretary to turn over
title to the system to the tribe, who would assume
responsibility for operating, maintaining and replacing it.
Assuming appropriation of the necessary funds, CBO
estimates that implementing H.R. 3223 would cost $38 million
over the 2002-2007 period. H.R. 3223 would not affect direct
spending or receipts; therefore, pay-as-you-go procedures would
not apply.
H.R. 3223 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments. The project authorized by this legislation would
benefit the Jicarilla Apache Nation. Any costs incurred by the
tribe as a result of its participation in the project would be
voluntary.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 3223 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
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By fiscal year, in millions of dollars--
-----------------------------------------------
2002 2003 2004 2005 2006 2007
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SPENDING SUBJECT TO APPROPRIATION
Spending Under Current Law:
Budget Authority............................................ 3 0 0 0 0 0
Estimated Outlays........................................... 1 2 0 0 0 0
Proposed Changes:
Estimated Authorization Level............................... 0 9 9 10 10 10
Estimated Outlays........................................... 0 3 6 9 10 10
Spending Under H.R. 3223:
Estimated Authorization Level............................... 3 9 9 10 10 10
Estimated Outlays........................................... 1 5 6 9 10 10
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\1\ The 2002 level is the amount appropriated for the Jicarilla Municipal Water System.
Basis of estimate: CBO estimates that the bill would
authorize the appropriation of about $48 million (including
adjustments for anticipated inflation) to complete the
Jicarilla project. For this estimate, CBO assumes that H.R.
3223 will be enacted by the start of fiscal year 2003 and that
the necessary funds will be appropriated for each year. CBO
estimates that completion of the project would cost $38 million
over the 2003-2007 period and $10 million after 2007. Based on
information from the Bureau of Reclamation, CBO expects that
funds would be appropriated in roughly equal installments over
the next five years.
Pay-as-you-go considerations: None.
Estimated intergovernmental and private-sector impact: H.R.
3223 contains no intergovernmental or private-sector mandates
as defined in UMRA and would impose no costs on state, local,
or tribal governments. The project authorized by this
legislation would benefit the Jicarilla Apache Nation. Any
costs incurred by the tribe as a result of its participation in
the project would be voluntary.
Estimate prepared by: Federal Costs: Julie Middleton;
Impact on State, Local, and Tribal Governments: Marjorie
Miller; and Impact on the Private Sector: Cecil McPherson.
Estimate 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.