[House Report 107-633]
[From the U.S. Government Publishing Office]



107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     107-633
======================================================================
 
 REAUTHORIZATION OF MNI WICONI RURAL WATER SUPPLY PROJECT, SOUTH DAKOTA

                                _______
                                

 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. 4638]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 4638) to reauthorize the Mni Wiconi Rural Water Supply 
Project, having considered the same, report favorably thereon 
without amendment and recommend that the bill do pass.

                          Purpose of the Bill

    The purpose of H.R. 4638 is to reauthorize the Mni Wiconi 
Rural Water Supply Project.

                  Background and Need for Legislation

    The Mni Wiconi Rural Water Supply Project was originally 
authorized under Public Law 100-516 to construct a municipal, 
rural and industrial water system to serve the Pine Ridge, 
Rosebud, and Lower Brule Indian Reservations and seven counties 
in southwestern South Dakota (West River/Lyman-Jones Rural 
Water Systems). The project was developed to overcome the 
shortage of good quality drinking water in the region.
    Public Law 100-516 (as amended by Public Law 103-434) 
directed a 10-year construction schedule ending in 2003 and 
authorized $263 million to construct the project. Approximately 
$184 million of the project construction costs have been 
expended through Fiscal Year 2001. The legislation proposes to 
extend the completion date to 2008 and increase the funding 
ceiling by $58.8 million (based on October 1, 1997, price 
levels). Existing law established one construction ceiling for 
the entire project; however, two of the major project 
components have reached their estimated costs. Without 
increased budgetary authorization, the project will not be 
completed.

                            Committee Action

    H.R. 4638 was introduced on May 1, 2002, by Congressman 
John Thune (R-SD). The bill was referred to the Committee on 
Resources, and within the Committee to the Subcommittee on 
Water and Power. The Subcommittee held a hearing on the bill on 
May 22, 2002. The Subcommittee met to mark up the bill on June 
5, 2002. No amendments were offered and the bill was forwarded 
to the Full Committee by voice vote. On June 26, 2002, the Full 
Resources Committee met to consider the bill. No amendments 
were offered and the bill 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 reauthorize the Mni Wiconi Rural 
Water Supply Project.
    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 5, 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. 4638, a bill to 
reauthorize the Mni Wiconi Rural Water Supply Project.
    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. 4638--A bill to reauthorize the Mni Wiconi Rural Water Supply 
        Project

    Summary: H.R. 4638 would reauthorize the Mni Wiconi Rural 
Water Supply Project by increasing the amounts authorized to be 
appropriated for this project by $58.8 million (in 1997 
dollars) and extending the completion date for the project from 
2003 to 2008.
    Assuming appropriation of the authorized amounts, CBO 
estimates that implementing H.R. 4638 would cost about $55 
million over the 2003-2007 period. H.R. 4638 would not affect 
direct spending or receipts; therefore, pay-as-you-go 
procedures would not apply. H.R. 4638 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.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 4638 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                                       By fiscal year, in millions of dollars--
                                                                    --------------------------------------------
                                                                       2003     2004     2005     2006     2007
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level......................................       13       14       14       14       14
Estimated Outlays..................................................        4        9       14       14       14
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that H.R. 
4638 will be enacted by the start of fiscal year 2003 and that 
the necessary funds will be appropriated for each year. CBO 
estimates that the bill would authorize the appropriation of 
about $69 million (including adjustments for anticipated 
inflation) to complete the construction of the Mni Wiconi Rural 
Water Supply Project, in addition to the original authorization 
level of $263 million. Of this original authorization level, 
approximately $184 million has been spent on project 
construction costs.
    Based on information from the Bureau of Reclamation, we 
expect that construction of the rural water supply project 
would take five more years and that funds will be appropriated 
in roughly equal installments over that period to complete 
construction. CBO estimates that implementing H.R. 4638 would 
cost $55 million over the 2003-2007 period and an additional 
$14 million after that period.
    Pay-as-you-go considerations: None.
    Intergovernmental and private-sector impact: H.R. 4638 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments.
    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 Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

            SECTION 10 OF THE MNI WICONI PROJECT ACT OF 1988


SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

  (a) Planning, Design, and Construction.--There are authorized 
to be appropriated $263,241,000 (based on October 1, 1992, 
price levels) and $58,800,000 (based on October 1, 1997, price 
levels) for the planning, design, and construction of the 
Oglala Sioux Rural Water Supply System, the Rosebud Sioux Rural 
Water Supply System, the Lower Brule Sioux Rural Water Supply 
System, the West River Rural Water Supply System, and the 
Lyman-Jones Rural Water Supply System described in sections 3, 
3A, 3B, and 4. Such funds are authorized to be appropriated 
only through the end of the year [2003] 2008. The funds 
authorized to be appropriated by the first sentence of this 
section, less any amounts previously obligated for the Systems, 
may be increased or decreased by such amounts as may be 
justified by reason of ordinary fluctuations in development 
costs incurred after October 1, 1992 (with respect to the 
$263,241,000), and October 1, 1997 (with respect to the 
$58,800,000), as indicated by engineering costs indices 
applicable for the type of construction involved.

           *       *       *       *       *       *       *


                                
