69–006 

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, 


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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 


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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. 


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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. 

Æ 


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