I
107TH CONGRESS
1ST SESSION
H. R. 3223
To authorize the Secretary of the Interior, through the Bureau of Reclama-
tion, 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) in-
troduced the following bill; which was referred to the Committee on Re-
sources
A BILL
To authorize the Secretary of the Interior, through the Bu-
reau of Reclamation, to construct the Jicarilla Apache
Nation Municipal Water Delivery and Wastewater Collec-
tion Systems in the State of New Mexico, and for other
purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Jicarilla Apache Res-
ervation Rural Water System Act’’.
SEC. 2. PURPOSES.
The purposes of this Act are as follows:
(1) To ensure a safe and adequate rural, mu-
nicipal, and water supply and wastewater systems
for the residents of the Jicarilla Apache Reservation
in the State of New Mexico in accordance with Pub-
lic 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 collec-
tion systems on the Jicarilla Apache Reserva-
tion in the State of New Mexico; and
(B) to include service connections to facili-
ties within the town of Dulce and the sur-
rounding 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-de-
termination contract with the Jicarilla Apache Na-
tion 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, deliv-
ery, and wastewater collection systems, includ-
ing service connections to communities and in-
dividuals; and
(B) the Bureau of Reclamation shall pro-
vide technical assistance and oversight responsi-
bility 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 re-
placement 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 vege-
tables 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 As-
sessment, 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 munic-
ipal, 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 Bu-
reau 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 facili-
ties.
(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 fa-
cilities to serve the needs of the Reservation, includ-
ing, but not limited to, construction, replacement,
improvement, and repair of existing water and
wastewater systems, including systems owned by in-
dividual 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 Res-
ervation, 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 Fed-
eral share of the cost of operation and maintenance
of the Rural Water Supply Project shall continue to
be available for operation and maintenance in ac-
cordance 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 Re-
port, shall be deemed to have satisfied the tribal share
of the Rural Water Supply Project.
(e) OPERATION; MAINTENANCE; COSTS.—Upon com-
pletion 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 oper-
ation, maintenance, and replacement cost of the project
in accordance with this Act and the Operation, Mainte-
nance, and Replacement Plan under chapter IV of the Re-
port.
SEC. 5. GENERAL AUTHORITY.
The Secretary is authorized to enter into contracts,
grants, cooperative agreements, and other such agree-
ments and to promulgate such regulations as may be nec-
essary 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 loca-
tion 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 appro-
priate 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, construc-
tion, operation, and maintenance of the Rural Water Sup-
ply 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 re-
port 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 sub-
sequent Act of Congress.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There is authorized to be appro-
priated 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 in-
dicated by engineering cost indexes applicable to the types
of construction involved for the planning, design, and con-
struction 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 Na-
tional 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 au-
thorized by this Act and appropriated by Congress shall
not be reduced and shall not be subject to the under-
financing 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 in-
cluded in the Jicarilla Apache Tribe Water Rights Settle-
ment Act (Public Law 102–441). These rights are adju-
dicated under New Mexico State law as a partial final
judgment and decree entered in the Eleventh Judicial Dis-
trict 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 associ-
ated with the Rural Water Supply Project. In consultation
with the Fish and Wildlife Service, Reclamation has deter-
mined that there shall be no significant impact to endan-
gered 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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