[House Report 107-643]
[From the U.S. Government Publishing Office]
107th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 107-643
======================================================================
TO DIRECT THE SECRETARY OF THE INTERIOR, THROUGH THE BUREAU OF
RECLAMATION, TO CONDUCT A FEASIBILITY STUDY TO DETERMINE THE MOST
FEASIBLE METHOD OF DEVELOPING A SAFE AND ADEQUATE MUNICIPAL, RURAL, AND
INDUSTRIAL WATER SUPPLY FOR THE SANTEE SIOUX TRIBE OF NEBRASKA, AND FOR
OTHER PURPOSES
_______
September 5, 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. 4938]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 4938) to direct the Secretary of the Interior, through
the Bureau of Reclamation, to conduct a feasibility study to
determine the most feasible method of developing a safe and
adequate municipal, rural, and industrial water supply for the
Santee Sioux Tribe of Nebraska, and for other purposes, 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. 4938 is to direct the Secretary of the
Interior, through the Bureau of Reclamation, to conduct a
feasibility study to determine the most feasible method of
developing a safe and adequate municipal, rural, and industrial
water supply for the Santee Sioux Tribe of Nebraska, and for
other purposes.
BACKGROUND AND NEED FOR LEGISLATION
The Santee Indian Reservation was established by
Presidential Executive Order of February 27, 1866. The
Reservation covers approximately 184 square miles in the north-
central part of Knox County in northeastern Nebraska. Lewis and
Clark Lake and the Missouri River form the northern boundary of
the Reservation.
Despite depressed economic conditions on the Reservation,
steady long-term population growth is anticipated as a result
of the desire of Santee people to remain on the Reservation
coupled with immigration and a youthful resident population.
The Reservation population is forecast to grow at an average
annual rate of 2.7 percent through year 2040.
The current water supplies are drawn almost entirely from
groundwater sources. U.S. Environmental Protection Agency
primary drinking water standards for nitrate, nitrogen and
total coliform bacteria appear to be exceeded in a significant
number of wells on the Reservation. Adequate supplies of good
quality water are essential for supporting local economic
growth and for enhancing quality-of-life on the Reservation.
H.R. 4938 provides funding for a feasibility study to
evaluate alternatives which would provide a safe and adequate
municipal, rural, and industrial water supply for the Santee
Sioux Reservation and adjacent communities.
COMMITTEE ACTION
H.R. 4938 was introduced on June 13, 2002, by Congressman
Tom Osborne (R-NE). The bill was referred to the Committee on
Resources, and within the Committee to the Subcommittee on
Water and Power. On July 17, 2002, the Full Resources Committee
held a hearing on the bill. On July 24, 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. The bill was then ordered
favorably reported to the House of Representatives, without
amendment, by unanimous consent.
SECTION-BY-SECTION ANALYSIS
Section 1. Study; report
This section authorizes the Secretary of the Interior, in
consultation with the Santee Sioux Tribe of Nebraska, to
conduct a feasibility study to determine the most feasible
method of developing a safe and adequate municipal, rural, and
industrial water treatment and distribution system for the
Tribe and adjacent communities taking into account population
growth and economic development activities for a period of 40
years. The Tribe may request that the Secretary enter a
cooperative agreement with them for activities required to
complete the study. Not later than one year after funds are
made available, the Secretary shall submit to Congress a report
containing the results of the study. There is authorized to be
appropriated $500,000 to carry out the study.
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 direct the Secretary of the
Interior, through the Bureau of Reclamation, to conduct a
feasibility study to determine the most feasible method of
developing a safe and adequate municipal, rural, and industrial
water supply for the Santee Sioux Tribe of Nebraska, 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, July 31, 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. 4938, a bill to
direct the Secretary of the Interior, through the Bureau of
Reclamation, to conduct a feasibility study to determine the
most feasible method of developing a safe and adequate
municipal, rural, and industrial water supply for the Santee
Sioux Tribe of Nebraska, and for other purposes.
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. 4938--A bill to direct the Secretary of the Interior, through the
Bureau of Reclamation, to conduct a feasibility study to
determine the most feasible method of developing a safe and
adequate municipal, rural, and industrial water supply for the
Santee Sioux Tribe of Nebraska, and for other purposes
H.R. 4938 would authorize the Secretary of the Interior
through the Bureau of Reclamation to conduct a feasibility
study to evaluate alternatives for a safe and adequate
municipal, rural, and industrial water treatment and
distribution system for the Santee Sioux Tribe of Nebraska. In
addition, if so requested by the tribe, the bill would require
the Secretary to enter into a cooperative agreement with the
tribe to conduct some parts of the study.
The bill would authorize the appropriation of $500,000 to
complete the feasibility study. CBO estimates that implementing
H.R. 4938 would cost $500,000 over the 2003-2004 period,
assuming appropriation of the authorized amounts. H.R. 4938
would not affect direct spending or receipts; therefore, pay-
as-you-go procedures would not apply.
H.R. 4938 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.
Any costs incurred by the tribe to participate in this study
would be voluntary.
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.