[House Report 110-812]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     110-812

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



 
                 TULE RIVER TRIBE WATER DEVELOPMENT ACT

                                _______
                                

 July 31, 2008.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Rahall, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 2535]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Natural Resources, to whom was referred the 
bill (H.R. 2535) to direct the Secretary of the Interior to 
conduct a study on the feasibility and suitability of 
constructing a storage reservoir, outlet works, and a delivery 
system for the Tule River Indian Tribe of California to provide 
a water supply for domestic, municipal, industrial, and 
agricultural purposes, 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. 2535 is to direct the Secretary of the 
Interior to conduct a study on the feasibility and suitability 
of constructing a storage reservoir, outlet works, and a 
delivery system for the Tule River Indian Tribe of California 
to provide a water supply for domestic, municipal, industrial, 
and agricultural purposes, and for other purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

    The Tule River Reservation is located near Porterville, 
California, approximately 75 miles south of Fresno and 45 miles 
north of Bakersfield in Tulare County. The Tule River Indians 
are descendants of the Yokut Indians, and the Tule River 
Reservation is comprised of the Wukchumni, Yawilmani, Wuksachi, 
Yaudanchi, Pankahlalchi, and Koyati Tribes.
    Tule River Tribal members number just over 1,500 people and 
the Reservation covers 58,000 mostly mountainous acres. The 
Reservation is drained almost entirely by the South Fork Tule 
River, although Tribal members rely on springs and groundwater 
wells for water. The Tribe seeks to study the Reservation's 
water supplies and storage options in order to assess the 
feasibility of future projects.

                            COMMITTEE ACTION

    H.R. 2535 was introduced on May 24, 2007 by Rep. Devin 
Nunes (R-CA). The bill was referred to the Committee on Natural 
Resources, and within the Committee to the Subcommittee on 
Water and Power. On September 25, 2007, the Subcommittee held a 
hearing on the bill.
    On July 15, 2008, the Subcommittee met to mark up the bill. 
It was adopted by unanimous consent. The bill was then 
forwarded to the Full Committee. On July 16, 2008, the Full 
Natural Resources Committee met to consider H.R. 2535. The bill 
was ordered favorably reported to the House of Representatives 
by unanimous consent.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    Section 1 provides that this Act may be cited as the ``Tule 
River Tribe Water Development Act.''

Section 2. Study

    Section 2 authorizes the Secretary of the Interior, acting 
through the Bureau of Reclamation, to complete a feasibility 
study to evaluate alternatives for a domestic, commercial, 
municipal, industrial, and irrigation water supply for the Tule 
River Tribe of the Tule River Reservation, including phase I 
reservoir storage. The Secretary must submit a report to the 
House Committee on Natural Resources and the Senate Committee 
on Energy and Natural Resources after completion of the study. 
Section 2 also authorizes the appropriation of $3,000,000. The 
Committee is aware that the Tribe has not adjudicated their 
water rights. The bill does not authorize any project 
construction nor does it adjudicate and settle the Tribe's 
water rights. The bill does, however, authorize a feasibility 
study. The Committee understands that the Tule River Tribe 
views this legislation as an important first step in settling 
their water claims since the feasibility study looks at water 
supply and storage options on the reservation.

Section 3. Conditions for future projects

    Section 3 of H.R. 2535 outlines future usage limitations 
for water projects studied under this Act. Section 3 states 
that no water supplies shall be provided for the proposed 
Tribal Casino to be located in proximity to California Highway 
190 near Lake Success, or any other Tribal casino except in its 
current form as operated by the Tribe, and any lodging, dining, 
meeting space, or similar use associated with the current 
casino or a future expansion of the casino.

            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 Natural 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 to conduct a study on the feasibility and suitability 
of constructing a storage reservoir, outlet works, and a 
delivery system for the Tule River Indian Tribe of California 
to provide a water supply for domestic, municipal, industrial, 
and agricultural 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:

H.R. 2535--Tule River Tribe Water Development Act

    H.R. 2535 would direct the Bureau of Reclamation to conduct 
a feasibility study to evaluate alternatives for providing a 
dedicated water supply for the Tule River Tribe of California. 
Assuming appropriation of the authorized amount, CBO estimates 
that implementing H.R. 2535 would cost $3 million over the next 
two years. Enacting the legislation would not affect direct 
spending or revenues.
    H.R. 2535 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.
    The CBO staff contact for this estimate is Tyler Kruzich. 
The estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                           EARMARK STATEMENT

    H.R. 2535 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(d), 9(e) or 9(f) of rule XXI.

                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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