[House Report 107-643]
[From the U.S. Government Publishing Office]



107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     107-643

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    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.

                                
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