2000 
[DOCID: f:h3223ih.txt]






107th CONGRESS
  1st Session
                                H. R. 3223

   To authorize the Secretary of the Interior, through the Bureau of 
 Reclamation, to construct the Jicarilla Apache Nation Municipal Water 
Delivery and Wastewater Collection Systems in the State of New Mexico, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 1, 2001

Mr. Udall of Mexico (for himself, Mrs. Wilson, Mr. Kildee, Mr. Young of 
   Alaska, Mr. Skeen, Mr. Kennedy of Rhode Island, Mr. Hayworth, Mr. 
George Miller of California, and Mr. Thompson of California) introduced 
  the following bill; which was referred to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
   To authorize the Secretary of the Interior, through the Bureau of 
 Reclamation, to construct the Jicarilla Apache Nation Municipal Water 
Delivery and Wastewater Collection Systems in the State of New Mexico, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Jicarilla Apache Reservation Rural 
Water System Act''.

SEC. 2. PURPOSES.

    The purposes of this Act are as follows:
            (1) To ensure a safe and adequate rural, municipal, and 
        water supply and wastewater systems for the residents of the 
        Jicarilla Apache Reservation in the State of New Mexico in 
        accordance with Public Law 106-243.
            (2) To authorize the Secretary of the Interior, through the 
        Bureau of Reclamation, in consultation and collaboration with 
        the Jicarilla Apache Nation--
                    (A) to plan, design, and construct the water 
                supply, delivery, and wastewater collection systems on 
                the Jicarilla Apache Reservation in the State of New 
                Mexico; and
                    (B) to include service connections to facilities 
                within the town of Dulce and the surrounding area, and 
                to individuals as part of the construction.
            (3) To require the Secretary, at the request of the 
        Jicarilla Apache Nation, to enter into a self-determination 
        contract with the Jicarilla Apache Nation under title I of the 
        Indian Self-Determination and Education Assistance Act (25 
        U.S.C. 450f et seq.) under which--
                    (A) the Jicarilla Apache Nation shall plan, design, 
                and construct the water supply, delivery, and 
                wastewater collection systems, including service 
                connections to communities and individuals; and
                    (B) the Bureau of Reclamation shall provide 
                technical assistance and oversight responsibility for 
                said project.
            (4) To establish a process in which the Jicarilla Apache 
        Nation shall assume title and responsibility for the ownership, 
        operation, maintenance, and replacement of the system.

SEC. 3. DEFINITIONS.

    As used in this Act:
            (1) Act.--The term ``Act'' means the Jicarilla Apache 
        Reservation Rural Water System Act.
            (2) BIA.--The term ``BIA'' means the Bureau of Indian 
        Affairs, an agency within the Department of the Interior.
            (3) Irrigation.--The term ``irrigation'' means the 
        commercial application of water to land for the purpose of 
        establishing or maintaining commercial agriculture in order to 
        produce field crops and vegetables for sale.
            (4) Reclamation.--The term ``Reclamation'' means the Bureau 
        of Reclamation, an agency within the Department of the 
        Interior.
            (5) Report.--The term ``Report'' means the report entitled 
        ``Planning Report/Environmental Assessment, Water and 
        Wastewater Improvements, Jicarilla Apache Nation, Dulce, New 
        Mexico'', dated September 2000, which was completed pursuant to 
        Public Law 106-243.
            (6) Reservation.--The term ``Reservation'' means the 
        Jicarilla Apache Reservation in the State of New Mexico, 
        including all lands and interests in land that are held in 
        trust by the United States for the Tribe.
            (7) Rural water supply project.--The term ``Rural Water 
        Supply Project'' means a municipal, domestic, rural, and 
        industrial water supply and wastewater facility area and 
        project identified to serve a group of towns, communities, 
        cities, tribal reservations, or dispersed farmsteads with 
        access to clean, safe domestic and industrial water, to include 
        the use of livestock.
            (8) State.--The term ``State'' means the State of New 
        Mexico.
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Bureau of Reclamation.
            (10) Tribe.--The term ``Tribe'' means the Jicarilla Apache 
        Nation.

SEC. 4. JICARILLA APACHE RESERVATION RURAL WATER SYSTEM.

    (a) Construction.--The Secretary, in consultation and collaboration 
with the Tribe, shall plan, design, and construct the Rural Water 
Supply Project to improve the water supply, delivery, and wastewater 
facilities to the town of Dulce, New Mexico, and surrounding 
communities for the purpose of providing the benefits of clean, safe, 
and reliable water supply, delivery, and wastewater facilities.
    (b) Scope of Project.--The Rural Water Supply Project shall consist 
of the following:
            (1) Facilities to provide water supply, delivery, and 
        wastewater services for the community of Dulce, the Mundo Ranch 
        Development, and surrounding areas on the Reservation.
            (2) Pumping and treatment facilities located on the 
        Reservation.
            (3) Distribution, collection, and treatment facilities to 
        serve the needs of the Reservation, including, but not limited 
        to, construction, replacement, improvement, and repair of 
        existing water and wastewater systems, including systems owned 
        by individual tribal members and other residents on the 
Reservation.
            (4) Appurtenant buildings and access roads.
            (5) Necessary property and property rights.
            (6) Such other electrical power transmission and 
        distribution facilities, pipelines, pumping plants, and 
        facilities as the Secretary deems necessary or appropriate to 
        meet the water supply, economic, public health, and 
        environmental needs of the Reservation, including, but not 
        limited to, water storage tanks, water lines, maintenance 
        equipment, and other facilities for the Tribe on the 
        Reservation.
    (c) Federal Share.--
            (1) Construction.--The Federal share of the cost of 
        construction of the Rural Water Supply Project shall be 100 
        percent, subject to the tribal share set forth in subsection 
        (d).
            (2) Operation and maintenance.--The Federal share of the 
        cost of operation and maintenance of the Rural Water Supply 
        Project shall continue to be available for operation and 
        maintenance in accordance with the Indian Self-Determination 
        Act, as set forth in this Act.
    (d) Tribal Share.--The $7,300,000 which the Tribe has expended on 
improvements to the federally owned municipal water systems, as 
documented in the Report, shall be deemed to have satisfied the tribal 
share of the Rural Water Supply Project.
    (e) Operation; Maintenance; Costs.--Upon completion of the Rural 
Water Supply Project and transfer of title of that project to the 
Tribe, the Tribe shall assume responsibility for and liability related 
to the annual operation, maintenance,
1674
 and replacement cost of the 
project in accordance with this Act and the Operation, Maintenance, and 
Replacement Plan under chapter IV of the Report.

SEC. 5. GENERAL AUTHORITY.

    The Secretary is authorized to enter into contracts, grants, 
cooperative agreements, and other such agreements and to promulgate 
such regulations as may be necessary to carry out the purposes and 
provisions of this Act and the Indian Self-Determination Act (Public 
Law 93-638; 25 U.S.C. 450 et seq.).

SEC. 6. PROJECT REQUIREMENTS.

    (a) Plans.--
            (1) Project plan.--Not later than 60 days after funds are 
        made available for this purpose, the Secretary shall prepare a 
        recommended project plan, which shall include a general map 
        showing the location of the proposed physical facilities, 
        conceptual engineering drawings of structures, and general 
        standards for design for the Rural Water Supply Project.
            (2) OM&R plan.--The Tribe shall develop an operation, 
        maintenance, and replacement plan, which shall provide the 
        necessary framework to assist the Tribe in establishing rates 
        and fees for customers of the Rural Water Supply Project.
    (b) Construction Manager.--The Secretary, through Reclamation and 
in consultation with the Tribe, shall select a project construction 
manager to work with the Tribe in the planning, design, and 
construction of the Rural Water Supply Project.
    (c) Memorandum of Agreement.--The Secretary shall enter into a 
memorandum of agreement with the Tribe that commits Reclamation and BIA 
to a transition plan that addresses operations and maintenance of the 
Rural Water Supply Project while the facilities are under construction 
and after completion of construction.
    (d) Oversight.--The Secretary shall have oversight responsibility 
with the Tribe and its constructing entity and shall incorporate value 
engineering analysis as appropriate to the Rural Water Supply Project.
    (e) Technical Assistance.--The Secretary shall provide such 
technical assistance as may be necessary to the Tribe to plan, develop, 
and construct the Rural Water Supply Project, including, but not 
limited to, operation and management training.
    (f) Service Area.--The service area of the Rural Water Supply 
Project shall be within the boundaries of the Reservation.
    (g) Other Law.--The planning, design, construction, operation, and 
maintenance of the Rural Water Supply Project shall be subject to the 
provisions of the Indian Self-Determination Act (25 U.S.C. 450 et 
seq.).
    (h) Report.--During the year that construction of the Rural Water 
Supply Project begins and annually until such construction is 
completed, the Secretary, through Reclamation and in consultation with 
the Tribe, shall report to Congress on the status of the planning, 
design, and construction of the Rural Water Supply Project.
    (i) Title.--Title to the Rural Water Supply Project shall be held 
in trust for the Tribe by the United States and shall not be 
transferred or encumbered without a subsequent Act of Congress.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to carry 
out this Act $45,000,000 (January 2002 dollars) plus or minus such 
amounts, if any, as may be justified by reason of changes in 
construction costs as indicated by engineering cost indexes applicable 
to the types of construction involved for the planning, design, and 
construction of the Rural Water Supply Project as generally described 
in the Report dated September 2001.
    (b) Conditions.--Funds may not be appropriated for the construction 
of any project authorized under this Act until after--
            (1) an appraisal investigation and a feasibility study have 
        been completed by the Secretary and the Tribe; and
            (2) the Secretary has determined that the plan required by 
        section 6(a)(2) is completed.
    (c) NEPA.--The Secretary shall not obligate funds for construction 
until after the requirements of the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.) are met with respect to Rural Water 
Supply Project.
    (d) No Reduction in Funds.--The amounts authorized by this Act and 
appropriated by Congress shall not be reduced and shall not be subject 
to the underfinancing requirements within Reclamation's budget for any 
year as long as the Rural Water Supply Project is authorized.

SEC. 8. PROHIBITION ON USE OF FUNDS FOR IRRIGATION PURPOSES.

    None of the funds made available to the Secretary for planning or 
construction of the Rural Water Supply Project may be used to plan or 
construct facilities used to supply water for the purposes of 
irrigation.

SEC. 9. WATER RIGHTS.

    The water rights of the Tribe are part of and included in the 
Jicarilla Apache Tribe Water Rights Settlement Act (Public Law 102-
441). These rights are adjudicated under New Mexico State law as a 
partial final judgment and decree entered in the Eleventh Judicial 
District Court of New Mexico. That Act and decree provide for 
sufficient water rights under ``historic and existing uses'' to supply 
water for the municipal water system. These water rights are recognized 
depletions within the San Juan River basin and no new depletions are 
associated with the Rural Water Supply Project. In consultation with 
the Fish and Wildlife Service, Reclamation has determined that there 
shall be no significant impact to endangered species as a result of 
water depletions associated with this project. No other water rights of 
the Tribe shall be impacted by the Rural Water Supply Project.
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