IB
Union Calendar No. 378
107TH CONGRESS
2D SESSION
H. R. 3223
[Report No. 107–629]
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
SEPTEMBER 4, 2002
Additional sponsors: Mr. NEY, Mrs. NAPOLITANO, Ms. SOLIS, and Mr.
GALLEGLY
SEPTEMBER 4, 2002
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on November 1, 2001]
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, munic-
ipal, and water supply and wastewater systems for
the residents of the Jicarilla Apache Reservation in
the State of New Mexico in accordance with Public
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 collection sys-
tems on the Jicarilla Apache Reservation 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-deter-
mination contract with the Jicarilla Apache Nation
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, delivery,
and wastewater collection systems, including
service connections to communities and individ-
uals; 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 vegeta-
bles 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 re-
port entitled ‘‘Planning Report/Environmental As-
sessment, Water and Wastewater Improvements,
Jicarilla Apache Nation, Dulce, New Mexico’’, dated
September 2001, 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 municipal,
domestic, rural, and industrial water supply and
wastewater facility area and project identified to
serve a group of towns, communities, cities, tribal res-
ervations, 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 facilities.
(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 facili-
ties to serve the needs of the Reservation, including,
but not limited to, construction, replacement, im-
provement, and repair of existing water and waste-
water systems, including systems owned by individual
tribal members and other residents on the Reserva-
tion.
(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 appro-
priate to meet the water supply, economic, public
health, and environmental needs of the Reservation,
including, but not limited to, water storage tanks,
water lines, maintenance equipment, and other facili-
ties for the Tribe on the Reservation.
(c) COST SHARING.—
(1) TRIBAL SHARE.—Subject to paragraph (3)
and subsection (d), the tribal share of the cost of the
Rural Water Supply Project is comprised of the costs
to design and initiate construction of the wastewater
treatment plant, to replace the diversion structure on
the Navajo River, and to construct raw water settling
ponds, a water treatment plant, water storage plants,
a water transmission pipeline, and distribution pipe-
lines, and has been satisfied.
(2) FEDERAL SHARE.—Subject to paragraph (3)
and subsection (d), the Federal share of the cost of the
Rural Water Supply Project shall be all remaining
costs of the project identified in the Report.
(3) 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) OPERATION, MAINTENANCE, AND REPLACEMENT
AFTER COMPLETION.—Upon determination by the Sec-
retary that the Rural Water Supply Project is substantially
complete, the Tribe shall assume responsibility for and li-
ability related to the annual operation, maintenance, and
replacement cost of the project in accordance with this Act
and the Operation, Maintenance, and Replacement Plan
under chapter IV of the Report.
SEC. 5. GENERAL AUTHORITY.
The Secretary is authorized to enter into contracts,
grants, cooperative agreements, and other such agreements
and to promulgate such regulations as may be necessary
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 en-
gineering drawings of structures, and general stand-
ards 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 con-
struction 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, construction,
operation, and maintenance of the Rural Water Supply
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 Rec-
lamation and in consultation with the Tribe, shall report
to Congress on the status of the planning, design, and con-
struction 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 subse-
quent 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 indi-
cated 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 National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
are met with respect to the Rural Water Supply Project.
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 included
in the Jicarilla Apache Tribe Water Rights Settlement Act
(Public Law 102–441). These rights are adjudicated under
New Mexico State law as a partial final judgment and de-
cree entered in the Eleventh Judicial District 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 rec-
ognized depletions within the San Juan River basin and
no new depletions are associated with the Rural Water Sup-
ply Project. In consultation with the Fish and Wildlife
Service, Reclamation has determined that there shall be no
significant impact to endangered 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.
Union Calendar No. 378
107TH CONGRESS
2D SESSION
H. R. 3223
[Report No. 107–629]
A BILL
To authorize the Secretary of the Interior, through
the Bureau of Reclamation, to construct the
Jicarilla Apache Nation Municipal Water Deliv-
ery and Wastewater Collection Systems in the
State of New Mexico, and for other purposes.
SEPTEMBER 4, 2002
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union,
and ordered to be printed