89–006

107TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 107–155

PACIFIC NORTHWEST FEASIBILITY STUDIES ACT OF 2001

JULY 24, 2001.—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

REPORT

[To accompany H.R. 1937]

[Including cost estimate of the Congressional Budget Office]

The Committee on Resources, to whom was referred the bill

(H.R. 1937) to authorize the Secretary of the Interior to engage in

certain feasibility studies of water resource projects in the State of

Washington, having considered the same, report favorably thereon

with an amendment and recommend that the bill as amended do

pass.

The amendment is as follows:

Strike all after the enacting clause and insert the following:

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Pacific Northwest Feasibility Studies Act of 2001’’.

SEC. 2. AUTHORIZATION OF FEASIBILITY STUDIES.

(a) IN GENERAL.—The Secretary of the Interior may engage in the following feasibility studies:

(1) The Tulalip Tribes Water Quality Feasibility Study, to identify ways to

meet future domestic and commercial water distribution needs of the Tulalip Indian Reservation on the Eastern Shore of Puget Sound, Washington.

(2) The Lower Elwha Klallam Rural Water Supply Feasibility Study, to identify additional rural water supply sources for the Lower Elwha Indian Reservation on the Olympic Peninsula, Washington.

(3) The Makah Community Water Source Project Feasibility Study, to identify

ways to meet the current and future domestic and commercial water supply and

distribution needs of the Makah Indian Tribe on the Olympic Peninsula, Washington.

(b) PUBLIC AVAILABILITY OF RESULTS.—The Secretary of the Interior shall make

available to the public, upon request, the results of each feasibility study authorized

under subsection (a), and shall promptly publish in the Federal Register a notice

of the availability of those results.
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PURPOSE OF THE BILL

The purpose of H.R. 1937 is to authorize the Secretary of the Interior to engage in certain feasibility studies of water resource

projects in the State of Washington.

BACKGROUND AND NEED FOR LEGISLATION

H.R. 1937 will authorize the Secretary of the Interior to complete

three feasibility studies of water resource projects in the State of

Washington. The primary purpose of these studies is to investigate

the feasibility of providing potable water and wastewater distribution systems to meet the future domestic and commercial needs of

the Tulalip, Lower Klallam, and Makah tribes. The feasibility studies are detailed investigations to identify a preferred plan to be

sent to Congress with a recommendation for construction authorization and funding. A National Environmental Policy Act analysis

will be completed concurrently with the feasibility report.

COMMITTEE ACTION

H.R. 1937 was introduced on May 22, 2001, by Congressman

Rick Larson (D–WA). The bill was referred to the Committee on

Resources, and within the Committee to the Subcommittee on

Water and Power. On June 27, 2001, 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. Congressman Adam Smith offered an amendment to

change the word ‘‘groundwater’’ to ‘‘rural water’’. It was passed by

voice. The bill, as amended, was then ordered favorably reported to

the House of Representatives by voice vote.

SECTION-BY-SECTION ANALYSIS

This legislation will authorize the Secretary of the Interior to

conduct the following feasibility studies:

(1) The Tulalip Tribes Water Quality Feasibility Study, to identify ways to meet future domestic and commercial water distribution needs of the Tulalip Indian Reservation on the Eastern Shore

of Puget Sound, Washington.

(2) The Lower Elwha Klallam Rural Water Supply Feasibility

Study, to identify additional groundwater supply sources for the

Lower Elwha Indian Reservation on the Olympic Peninsula, Washington.

(3) The Makah Community Water Source Project Feasibility

Study, to identify ways to meet the current and future domestic

and commercial water supply and distribution needs of the Makah

Indian Tribe on the Olympic Peninsula, Washington.

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.
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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:

U.S. CONGRESS,

CONGRESSIONAL BUDGET OFFICE,

Washington, DC, July 3, 2001.

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. 1937, the Pacific Northwest Feasibility Studies Act of 2001.

If you wish further details on this estimate, we will be pleased

to provide them. The CBO staff contact is Julie Middleton.

Sincerely,

BARRY B. ANDERSON

(For Dan L. Crippen, Director).

Enclosure.

H.R. 1937—Pacific Northwest Feasibility Studies Act of 2001

H.R. 1937 would authorize the Secretary of the Interior to conduct three water quality and quantity feasibility studies for three

different Indian tribes in the state of Washington. Two of the studies would identify ways to meet future water distribution needs of

the Tulalip Indian Reservation and the Makah Indian Tribe. The

third study would identify additional rural water sources for the

Lower Elwha Indian Reservation.

Based on information from the Bureau of Reclamation, CBO estimates that implementing H.R. 1937 would cost less than $1 million

over the 2002–2003 period, assuming the availability of appro-
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priated funds. H.R. 1937 would not affect direct spending or receipts; therefore, pay-as-you-go procedures would not apply. H.R.

1937 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 Julie Middleton. 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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