[House Report 110-812]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-812
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TULE RIVER TRIBE WATER DEVELOPMENT ACT
_______
July 31, 2008.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Rahall, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany H.R. 2535]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred the
bill (H.R. 2535) to direct the Secretary of the Interior to
conduct a study on the feasibility and suitability of
constructing a storage reservoir, outlet works, and a delivery
system for the Tule River Indian Tribe of California to provide
a water supply for domestic, municipal, industrial, and
agricultural purposes, 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. 2535 is to direct the Secretary of the
Interior to conduct a study on the feasibility and suitability
of constructing a storage reservoir, outlet works, and a
delivery system for the Tule River Indian Tribe of California
to provide a water supply for domestic, municipal, industrial,
and agricultural purposes, and for other purposes.
BACKGROUND AND NEED FOR LEGISLATION
The Tule River Reservation is located near Porterville,
California, approximately 75 miles south of Fresno and 45 miles
north of Bakersfield in Tulare County. The Tule River Indians
are descendants of the Yokut Indians, and the Tule River
Reservation is comprised of the Wukchumni, Yawilmani, Wuksachi,
Yaudanchi, Pankahlalchi, and Koyati Tribes.
Tule River Tribal members number just over 1,500 people and
the Reservation covers 58,000 mostly mountainous acres. The
Reservation is drained almost entirely by the South Fork Tule
River, although Tribal members rely on springs and groundwater
wells for water. The Tribe seeks to study the Reservation's
water supplies and storage options in order to assess the
feasibility of future projects.
COMMITTEE ACTION
H.R. 2535 was introduced on May 24, 2007 by Rep. Devin
Nunes (R-CA). The bill was referred to the Committee on Natural
Resources, and within the Committee to the Subcommittee on
Water and Power. On September 25, 2007, the Subcommittee held a
hearing on the bill.
On July 15, 2008, the Subcommittee met to mark up the bill.
It was adopted by unanimous consent. The bill was then
forwarded to the Full Committee. On July 16, 2008, the Full
Natural Resources Committee met to consider H.R. 2535. The bill
was ordered favorably reported to the House of Representatives
by unanimous consent.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
Section 1 provides that this Act may be cited as the ``Tule
River Tribe Water Development Act.''
Section 2. Study
Section 2 authorizes the Secretary of the Interior, acting
through the Bureau of Reclamation, to complete a feasibility
study to evaluate alternatives for a domestic, commercial,
municipal, industrial, and irrigation water supply for the Tule
River Tribe of the Tule River Reservation, including phase I
reservoir storage. The Secretary must submit a report to the
House Committee on Natural Resources and the Senate Committee
on Energy and Natural Resources after completion of the study.
Section 2 also authorizes the appropriation of $3,000,000. The
Committee is aware that the Tribe has not adjudicated their
water rights. The bill does not authorize any project
construction nor does it adjudicate and settle the Tribe's
water rights. The bill does, however, authorize a feasibility
study. The Committee understands that the Tule River Tribe
views this legislation as an important first step in settling
their water claims since the feasibility study looks at water
supply and storage options on the reservation.
Section 3. Conditions for future projects
Section 3 of H.R. 2535 outlines future usage limitations
for water projects studied under this Act. Section 3 states
that no water supplies shall be provided for the proposed
Tribal Casino to be located in proximity to California Highway
190 near Lake Success, or any other Tribal casino except in its
current form as operated by the Tribe, and any lodging, dining,
meeting space, or similar use associated with the current
casino or a future expansion of the casino.
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 Natural 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. 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 to conduct a study on the feasibility and suitability
of constructing a storage reservoir, outlet works, and a
delivery system for the Tule River Indian Tribe of California
to provide a water supply for domestic, municipal, industrial,
and agricultural 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:
H.R. 2535--Tule River Tribe Water Development Act
H.R. 2535 would direct the Bureau of Reclamation to conduct
a feasibility study to evaluate alternatives for providing a
dedicated water supply for the Tule River Tribe of California.
Assuming appropriation of the authorized amount, CBO estimates
that implementing H.R. 2535 would cost $3 million over the next
two years. Enacting the legislation would not affect direct
spending or revenues.
H.R. 2535 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 Tyler Kruzich.
The estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
EARMARK STATEMENT
H.R. 2535 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9(d), 9(e) or 9(f) of rule XXI.
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.