[House Report 107-715]
[From the U.S. Government Publishing Office]



107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     107-715

======================================================================



 
  ROCKY BOY'S/NORTH CENTRAL MONTANA REGIONAL WATER SYSTEM ACT OF 2001

                                _______
                                

October 2, 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. 1946]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 1946) to require the Secretary of the Interior to 
construct the Rocky Boy's/North Central Montana Regional Water 
System in the State of Montana, to offer to enter into an 
agreement with the Chippewa Cree Tribe to plan, design, 
construct, operate, maintain and replace the Rocky Boy's Rural 
Water System, and to provide assistance to the North Central 
Montana Regional Water Authority for the planning, design, and 
construction of the noncore system, 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. 1946, is to require the Secretary of 
the Interior to construct the Rocky Boy's/North Central Montana 
Regional Water System in the State of Montana, to offer to 
enter into an agreement with the Chippewa Cree Tribe to plan, 
design, construct, operate, maintain and replace the Rocky 
Boy's Rural Water System, and to provide assistance to the 
North Central Montana Regional Water Authority for the 
planning, design, and construction of the noncore system, and 
for other purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

    In order to provide for the needs of, and augment the 
growth of the Chippewa Cree Tribe of the Rocky Boys 
Reservation, Congress passed, and the President signed, Public 
Law 106-163 (The Chippewa Cree Tribe of the Rocky Boys Indian 
Reservation Water Rights Settlement and Water Supply Act) in 
1999. The Act quantified the Tribes surface and groundwater 
rights on the Reservation, and provided the Tribes an 
additional 10,000 acre feet of water from Tiber Reservoir.
    H.R. 1946 will provide for the delivery of the allocated 
water from the reservoir, sixty miles east of the reservation, 
to the communities throughout the reservation (core system). It 
will also provide for the construction of transmission 
pipelines to existing, non-Indian, rural water systems of 
Chauteau , Hill, Liberty, Pondera, Teton, and Toole Counties 
(noncore system). The act authorizes the appropriation of $120 
million for the planning, design, and construction of the core 
system and $60 million for the planning, design, and 
construction of the noncore system. The total estimated cost is 
anticipated to be $200 million.

                            COMMITTEE ACTION

    H.R. 1946 was introduced on May 22, 2001 by Congressman 
Dennis R. Rehberg (R-MT). The bill was referred to the 
Committee on Resources, and within the Committee to the 
Subcommittee on Water and Power. On April 24, 2002, the 
Subcommittee held a hearing on the bill. On September 12, 2002, 
the Full Resources Committee met to consider the bill. By 
unanimous consent, the Subcommittee on Water and Power was 
discharged from further consideration of H.R. 1946. The bill 
was then ordered favorably reported to the House of 
Representatives, without amendment, by unanimous consent.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    This Act may be cited as the ``Rocky Boy's/North Central 
Montana Regional Water System Act of 2001.''

Section 2. Findings and purpose

    Congress finds that the water systems currently serving 
central Montana do not meet minimum health and safety standards 
and are not adequate to supply the water needs.

Section 3. Definitions

    This section defines the terms used in this Act.

Section 4. Rocky Boy's Rural Water System

    This section identifies the components of Indian water 
system and the requirements for the planning, designs, and 
construction as well as the operations, maintenance and 
replacement costs for the system.

Section 5. Noncore system

    This section identifies the components of the non-Indian 
system and the requirements for the planning, design, and 
construction as well as the operation, maintenance, and 
replacement of the system.

Section 6. Limitation on availability of construction funds

    This section requires that the Secretary shall not obligate 
funds for construction of the core or noncore systems until all 
National Environmental Policy Act requirements are met, and 90 
days after the date the final engineering report is approved by 
the Secretary.

Section 7. Interconnection charges

    This sections designates that the nontribal communities 
shall be responsible for connection to the water transmission 
lines.

Section 8. Nondiminishment of Tiber Reservoir allocation to the tribe

    This section provides that the water provided for the 
noncore system shall not diminish the water supply for the 
Tribe.

Section 9. Use of Pick-Sloan power

    This section identifies the power source and rates for 
pumping on the project.

Section 10. Water conservation plan

    This section requires that a water conservation plan be 
developed by the Tribe and the Authority that will distribute 
the water.

Section 11. Water rights

    This section states that this Act does not limit or impair 
the Tribes water rights.

Section 12. Authorization of appropriations

    This section authorizes $120,000,000 for the core system 
and $60,000,000 for the noncore system planning, designs, and 
construction and addresses cost indexing of the costs.

            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 require the Secretary of the 
Interior to construct the Rocky Boy's/North Central Montana 
Regional Water System in the State of Montana, to offer to 
enter into an agreement with the Chippewa Cree Tribe to plan, 
design, construct, operate, maintain and replace the Rocky 
Boy's Rural Water System, and to provide assistance to the 
North Central Montana Regional Water Authority for the 
planning, design, and construction of the noncore system, 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, October 1, 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. 1946, the Rocky 
Boy's/North Central Montana Regional Water System Act of 2001.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Mark 
Grabowicz (for federal costs), and Marjorie Miller (for the 
impact on state, local, and tribal governments).
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 1946--Rocky Boy's/North Central Montana Regional Water System Act 
        of 2001

    Summary: H.R. 1946 would direct the Department of the 
Interior (DOI) to build a water distribution system for the 
Chippewa Cree Tribe of the Rocky Boy's Reservation and for 
certain nearby counties in Montana. The bill would authorize 
the appropriations of $180 million for the Bureau of 
Reclamation to plan, design, and construct the water system. In 
addition, the legislation would authorize the appropriation of 
such sums as are necessary for the Bureau of Indian Affairs 
(BIA) to operate, maintain, and replace the portion of the 
system on the reservation.
    Based on information from the DOI, CBO estimates that 
implementing H.R. 1946 would cost $184 million over the 2003-
2007 period, assuming the appropriation of the authorized 
amount for the Bureau of Reclamation and necessary amounts for 
BIA. Enactment of this bill would not affect direct spending or 
revenues.
    H.R. 1946 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 federal assistance authorized by this bill 
would benefit both the Chippewa Cree Tribe and the North 
Central Montana Regional Water Authority, and any costs they 
might incur to comply with the conditions of this assistance 
would be voluntary.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 1946 is shown in the following table. 
The costs of this legislation fall within budget functions 300 
(natural resources and environment) and 450 (community and 
regional development).

----------------------------------------------------------------------------------------------------------------
                                                                  By fiscal year, in millions of dollars--
                                                           -----------------------------------------------------
                                                              2002     2003     2004     2005     2006     2007
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION
 
Spending Under Current Law:
    Budget Authority \1\..................................       16        0        0        0        0        0
    Estimated Outlays.....................................       11        7        6        2        0        0
Proposed Changes:
    Estimated Authorization Level.........................        0      180        1        1        1        1
    Estimated Outlays.....................................        0       81       37       37       28        1
Spending Under H.R. 1946:
    Estimated Authorization Level \1\.....................       16      180        1        1        1        1
    Estimated Outlays.....................................       11       88       43       39       28       1
----------------------------------------------------------------------------------------------------------------
\1\ The 2002 level is the amount appropriated for that year for improvements to the Rocky Boy's Reservation
  water system.

    For purposes of this estimate, CBO assumes that the amounts 
authorized by the bill will be appropriated in fiscal year 
2003. Estimated outlays are based on historical spending rates 
for similar projects. Based on information from DOI, we 
estimate that operation and maintenance of the portion of the 
system on the reservation would cost $1 million annually, 
beginning in 2004.
    Intergovernmental and private-sector impact: H.R. 1946 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments. The federal assistance authorized by this 
bill would benefit both the Chippewa Cree Tribe and the North 
Central Montana Regional Water Authority, and any costs they 
might incur to comply with the conditions of this assistance 
would be voluntary.
    Estimate prepared by: Federal Costs: Mark Grabowicz; 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.

                                
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