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[House Report 109-419]
[From the U.S. Government Publishing Office]

109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     109-419

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   TO ALLOW THE ASSINIBOINE AND SIOUX TRIBES OF THE FORT PECK INDIAN 
  RESERVATION TO ENTER INTO A LEASE OR OTHER TEMPORARY CONVEYANCE OF 
  WATER RIGHTS RECOGNIZED UNDER THE FORT PECK-MONTANA COMPACT FOR THE 
   PURPOSE OF MEETING THE WATER NEEDS OF THE DRY PRAIRIE RURAL WATER 
           ASSOCIATION, INCORPORATED, AND FOR OTHER PURPOSES

                                _______
                                

 April 25, 2006.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Pombo, from the Committee on Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 2978]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 2978) to allow the Assiniboine and Sioux Tribes of the 
Fort Peck Indian Reservation to enter into a lease or other 
temporary conveyance of water rights recognized under the Fort 
Peck-Montana Compact for the purpose of meeting the water needs 
of the Dry Prairie Rural Water Association, Incorporated, 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. 2978 is to allow the Assiniboine and 
Sioux Tribes of the Fort Peck Indian Reservation to enter into 
a lease or other temporary conveyance of water rights 
recognized under the Fort Peck-Montana Compact for the purpose 
of meeting the water needs of the Dry Prairie Rural Water 
Association, Incorporated, and for other purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

    The Fort Peck Reservation Rural Water System Act of 2000 
(Public Law 106-382) authorized the construction of a rural 
water project in the northeastern corner of Montana. The 
project will serve the Fort Peck Indian Reservation and the 
non-Indian Dry Prairie Rural Water System, which would deliver 
water to parts of Valley, Daniels, Sheridan and Roosevelt 
Counties outside the Fort Peck Reservation. The project will be 
able to serve a population of 31,000 and is currently scheduled 
to be completed by 2011.
    The Dry Prairie Rural Water Authority was formed to manage 
the Dry Prairie rural water system. While the Assiniboine and 
Sioux Tribes of the Fort Peck Indian Reservation have 
sufficient water rights as determined under the Fort Peck-
Montana Compact, the Authority does not. H.R. 2978 allows the 
Tribes and the Authority to enter into an agreement to allow 
for the conveyance of tribal water rights to the Authority for 
up to 100 years, thereby giving the Authority sufficient water 
to provide service through its new system.
    The Montana State Water Compact Commission has already 
approved the conveyance of the water rights from the Tribes to 
the Authority. The proposed agreement would allocate 
approximately 2,800 acre-feet (one acre-foot is approximately 
326,000 gallons) per year of water to the Authority. The 
Authority will not be required to compensate the Tribes for use 
of this water because the Tribes are not fully using their 
water rights and are not demanding payment.

                            COMMITTEE ACTION

    H.R. 2978 was introduced on June 17, 2005, by Congressman 
Dennis Rehberg (R-MT). The bill was referred to the Committee 
on Resources, and within the Committee to the Subcommittee on 
Water and Power. On December 7, 2005, the Subcommittee held a 
hearing on the bill. On March 29, 2006, 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. No amendments were offered, and the bill 
was ordered favorably reported to the House of Representatives 
by unanimous consent.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Montana Indian Tribes; agreement with Dry Prairie Rural 
        Water Association, Incorporated

    This section allows the Assiniboine and Sioux Tribes of the 
Fort Peck Indian Reservation, with the approval of the 
Secretary of the Interior, to enter into a water rights lease 
with the Dry Prairie Rural Water Association, Incorporated, in 
northeastern Montana. The lease may be approved by the 
Secretary without requiring monetary compensation to the 
Tribes. However, if compensation is involved, the section 
stipulates that the Secretary shall not be held liable for any 
claim or any cause of action relating to compensation for the 
lease. The lease shall not exceed 100 years.

            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. This bill does 
not authorize funding and therefore, clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives does not 
apply.
    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. 2978--A bill to allow the Assiniboine and Sioux Tribes of the Fort 
        Peck Indian Reservation to enter into a lease or other 
        temporary conveyance of water rights recognized under the Fort 
        Peck-Montana Compact for the purpose of meeting the water needs 
        of the Dry Prairie Rural Water Association, Incorporated, and 
        for other purposes

    H.R. 2978 would allow the Assiniboine and Sioux Tribes of 
the Fort Peck Indian Reservation in Montana to enter into a 
lease or other temporary conveyance of water rights with the 
Dry Prairie Rural Water Association, Inc. Because the 
association's water system is interconnected with that of the 
tribes, such an agreement would be necessary for the 
association to meet its water needs in accordance with the Fort 
Peck Reservation Rural Water System Act of 2000. Based on 
information from the Bureau of Reclamation, CBO estimates that 
enacting H.R. 2978 would have no significant effect on the 
federal budget.
    H.R. 2978 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 bill would allow the Assiniboine and Sioux Tribes, with 
approval from the Bureau of Reclamation, to temporarily convey 
water rights to the Dry Prairie Rural Water Association. Any 
costs the tribes or association might incur to comply with the 
conditions of the conveyance would be incurred voluntarily.
    On January 31, 2006, CBO transmitted a cost estimate for S. 
1219, a bill to authorize certain tribes in the state of 
Montana to enter into a lease or other temporary conveyance of 
water rights to meet the water needs of the Dry Prairie Rural 
Water Association, Inc., as reported by the Senate Committee on 
Indian Affairs on January 18, 2006. The two pieces of 
legislation are similar, and the estimated costs are the same.
    The CBO staff contact for this estimate is Mike Waters. 
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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