99–006

107TH CONGRESS REPORT " HOUSE OF REPRESENTATIVES ! 2d Session 107–643

TO DIRECT THE SECRETARY OF THE INTERIOR, THROUGH THE BUREAU 

OF RECLAMATION, TO CONDUCT A FEASIBILITY STUDY TO DETERMINE 

THE MOST FEASIBLE METHOD OF DEVELOPING A SAFE AND ADEQUATE 

MUNICIPAL, RURAL, AND INDUSTRIAL WATER SUPPLY FOR THE SANTEE 

SIOUX TRIBE OF NEBRASKA, AND FOR OTHER PURPOSES

SEPTEMBER 5, 2002.—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 

R E P O R T 

[To accompany H.R. 4938] 

[Including cost estimate of the Congressional Budget Office]

The Committee on Resources, to whom was referred the bill 

(H.R. 4938) to direct the Secretary of the Interior, through the Bureau of Reclamation, to conduct a feasibility study to determine the 

most feasible method of developing a safe and adequate municipal, 

rural, and industrial water supply for the Santee Sioux Tribe of 

Nebraska, 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. 4938 is to direct the Secretary of the Interior, through the Bureau of Reclamation, to conduct a feasibility 

study to determine the most feasible method of developing a safe 

and adequate municipal, rural, and industrial water supply for the 

Santee Sioux Tribe of Nebraska, and for other purposes. 

BACKGROUND AND NEED FOR LEGISLATION

The Santee Indian Reservation was established by Presidential 

Executive Order of February 27, 1866. The Reservation covers approximately 184 square miles in the north-central part of Knox 

County in northeastern Nebraska. Lewis and Clark Lake and the 

Missouri River form the northern boundary of the Reservation. 

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Despite depressed economic conditions on the Reservation, steady 

long-term population growth is anticipated as a result of the desire 

of Santee people to remain on the Reservation coupled with immigration and a youthful resident population. The Reservation population is forecast to grow at an average annual rate of 2.7 percent 

through year 2040. 

The current water supplies are drawn almost entirely from 

groundwater sources. U.S. Environmental Protection Agency primary drinking water standards for nitrate, nitrogen and total coliform bacteria appear to be exceeded in a significant number of 

wells on the Reservation. Adequate supplies of good quality water 

are essential for supporting local economic growth and for enhancing quality-of-life on the Reservation. 

H.R. 4938 provides funding for a feasibility study to evaluate alternatives which would provide a safe and adequate municipal, 

rural, and industrial water supply for the Santee Sioux Reservation 

and adjacent communities. 

COMMITTEE ACTION

H.R. 4938 was introduced on June 13, 2002, by Congressman 

Tom Osborne (R–NE). The bill was referred to the Committee on 

Resources, and within the Committee to the Subcommittee on 

Water and Power. On July 17, 2002, the Full Resources Committee 

held a hearing on the bill. On July 24, 2002, 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. The bill was then ordered favorably reported 

to the House of Representatives, without amendment, by unanimous consent. 

SECTION-BY-SECTION ANALYSIS

Section 1. Study; report 

This section authorizes the Secretary of the Interior, in consultation with the Santee Sioux Tribe of Nebraska, to conduct a feasibility study to determine the most feasible method of developing a 

safe and adequate municipal, rural, and industrial water treatment 

and distribution system for the Tribe and adjacent communities 

taking into account population growth and economic development 

activities for a period of 40 years. The Tribe may request that the 

Secretary enter a cooperative agreement with them for activities 

required to complete the study. Not later than one year after funds 

are made available, the Secretary shall submit to Congress a report 

containing the results of the study. There is authorized to be appropriated $500,000 to carry out the study. 

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. 

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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, through the Bureau of Reclamation, to conduct a feasibility study to determine the 

most feasible method of developing a safe and adequate municipal, 

rural, and industrial water supply for the Santee Sioux Tribe of 

Nebraska, and for other 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:

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, July 31, 2002. 

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. 4938, a bill to direct the 

Secretary of the Interior, through the Bureau of Reclamation, to 

conduct a feasibility study to determine the most feasible method 

of developing a safe and adequate municipal, rural, and industrial 

water supply for the Santee Sioux Tribe of Nebraska, and for other 

purposes. 

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. 4938—A bill to direct the Secretary of the Interior, through the 

Bureau of Reclamation, to conduct a feasibility study to determine the most feasible method of developing a safe and adequate municipal, rural, and industrial water supply for the 

Santee Sioux Tribe of Nebraska, and for other purposes 

H.R. 4938 would authorize the Secretary of the Interior through 

the Bureau of Reclamation to conduct a feasibility study to evaluVerDate Sep 04 2002 01:52 Sep 07, 2002 Jkt 099006 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\HR643.XXX HR643
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ate alternatives for a safe and adequate municipal, rural, and industrial water treatment and distribution system for the Santee 

Sioux Tribe of Nebraska. In addition, if so requested by the tribe, 

the bill would require the Secretary to enter into a cooperative 

agreement with the tribe to conduct some parts of the study. The bill would authorize the appropriation of $500,000 to complete the feasibility study. CBO estimates that implementing H.R. 

4938 would cost $500,000 over the 2003–2004 period, assuming appropriation of the authorized amounts. H.R. 4938 would not affect 

direct spending or receipts; therefore, pay-as-you-go procedures 

would not apply. 

H.R. 4938 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. Any costs incurred by the tribe to participate in this study would be voluntary. 

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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