[House Report 107-633]
[From the U.S. Government Publishing Office]
107th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 107-633
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REAUTHORIZATION OF MNI WICONI RURAL WATER SUPPLY PROJECT, SOUTH DAKOTA
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September 4, 2002.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
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Mr. Hansen, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 4638]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 4638) to reauthorize the Mni Wiconi Rural Water Supply
Project, 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. 4638 is to reauthorize the Mni Wiconi
Rural Water Supply Project.
Background and Need for Legislation
The Mni Wiconi Rural Water Supply Project was originally
authorized under Public Law 100-516 to construct a municipal,
rural and industrial water system to serve the Pine Ridge,
Rosebud, and Lower Brule Indian Reservations and seven counties
in southwestern South Dakota (West River/Lyman-Jones Rural
Water Systems). The project was developed to overcome the
shortage of good quality drinking water in the region.
Public Law 100-516 (as amended by Public Law 103-434)
directed a 10-year construction schedule ending in 2003 and
authorized $263 million to construct the project. Approximately
$184 million of the project construction costs have been
expended through Fiscal Year 2001. The legislation proposes to
extend the completion date to 2008 and increase the funding
ceiling by $58.8 million (based on October 1, 1997, price
levels). Existing law established one construction ceiling for
the entire project; however, two of the major project
components have reached their estimated costs. Without
increased budgetary authorization, the project will not be
completed.
Committee Action
H.R. 4638 was introduced on May 1, 2002, by Congressman
John Thune (R-SD). The bill was referred to the Committee on
Resources, and within the Committee to the Subcommittee on
Water and Power. The Subcommittee held a hearing on the bill on
May 22, 2002. The Subcommittee met to mark up the bill on June
5, 2002. No amendments were offered and the bill was forwarded
to the Full Committee by voice vote. On June 26, 2002, the Full
Resources Committee met to consider the bill. No amendments
were offered and the bill was ordered favorably reported to the
House of Representatives by unanimous consent.
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.
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 reauthorize the Mni Wiconi Rural
Water Supply Project.
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, August 5, 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. 4638, a bill to
reauthorize the Mni Wiconi Rural Water Supply Project.
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. 4638--A bill to reauthorize the Mni Wiconi Rural Water Supply
Project
Summary: H.R. 4638 would reauthorize the Mni Wiconi Rural
Water Supply Project by increasing the amounts authorized to be
appropriated for this project by $58.8 million (in 1997
dollars) and extending the completion date for the project from
2003 to 2008.
Assuming appropriation of the authorized amounts, CBO
estimates that implementing H.R. 4638 would cost about $55
million over the 2003-2007 period. H.R. 4638 would not affect
direct spending or receipts; therefore, pay-as-you-go
procedures would not apply. H.R. 4638 contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act (UMRA) and would impose no costs
on state, local, or tribal governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 4638 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
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By fiscal year, in millions of dollars--
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2003 2004 2005 2006 2007
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CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level...................................... 13 14 14 14 14
Estimated Outlays.................................................. 4 9 14 14 14
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Basis of estimate: For this estimate, CBO assumes that H.R.
4638 will be enacted by the start of fiscal year 2003 and that
the necessary funds will be appropriated for each year. CBO
estimates that the bill would authorize the appropriation of
about $69 million (including adjustments for anticipated
inflation) to complete the construction of the Mni Wiconi Rural
Water Supply Project, in addition to the original authorization
level of $263 million. Of this original authorization level,
approximately $184 million has been spent on project
construction costs.
Based on information from the Bureau of Reclamation, we
expect that construction of the rural water supply project
would take five more years and that funds will be appropriated
in roughly equal installments over that period to complete
construction. CBO estimates that implementing H.R. 4638 would
cost $55 million over the 2003-2007 period and an additional
$14 million after that period.
Pay-as-you-go considerations: None.
Intergovernmental and private-sector impact: H.R. 4638
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments.
Estimate prepared by: Federal Costs: Julie Middleton;
Impact on State, Local, and Tribal Governments: Marjorie
Miller; and Impact on the Private Sector: Cecil McPherson.
Estimate 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 Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
SECTION 10 OF THE MNI WICONI PROJECT ACT OF 1988
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
(a) Planning, Design, and Construction.--There are authorized
to be appropriated $263,241,000 (based on October 1, 1992,
price levels) and $58,800,000 (based on October 1, 1997, price
levels) for the planning, design, and construction of the
Oglala Sioux Rural Water Supply System, the Rosebud Sioux Rural
Water Supply System, the Lower Brule Sioux Rural Water Supply
System, the West River Rural Water Supply System, and the
Lyman-Jones Rural Water Supply System described in sections 3,
3A, 3B, and 4. Such funds are authorized to be appropriated
only through the end of the year [2003] 2008. The funds
authorized to be appropriated by the first sentence of this
section, less any amounts previously obligated for the Systems,
may be increased or decreased by such amounts as may be
justified by reason of ordinary fluctuations in development
costs incurred after October 1, 1992 (with respect to the
$263,241,000), and October 1, 1997 (with respect to the
$58,800,000), as indicated by engineering costs indices
applicable for the type of construction involved.
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