Volume 145, No. 163 covering the 1st Session of the 106th Congress (1999 - 2000) was published by the Congressional Record.
The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“WATER FEASIBILITY STUDY ON JICARILLA APACHE RESERVATION IN NEW MEXICO” mentioning the Environmental Protection Agency was published in the House of Representatives section on pages H12132-H12133 on Nov. 17, 1999.
The publication is reproduced in full below:
WATER FEASIBILITY STUDY ON JICARILLA APACHE RESERVATION IN NEW MEXICO
Mr. HANSEN. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 3051) to direct the Secretary of the Interior, the Bureau of Reclamation, to conduct a feasibility study on the Jicarilla Apache Reservation in the State of New Mexico, and for other purposes, as amended.
The Clerk read as follows:
H.R. 3051
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. FINDINGS.
Congress finds that--
(1) there are major deficiencies with regard to adequate and sufficient water supplies available to residents of the Jicarilla Apache Reservation in the State of New Mexico;
(2) the existing municipal water system that serves the Jicarilla Apache Reservation is under the ownership and control of the Bureau of Indian Affairs and is outdated, dilapidated, and cannot adequately and safely serve the existing and future growth needs of the Jicarilla Apache Tribe;
(3) the federally owned municipal water system on the Jicarilla Apache Reservation has been unable to meet the minimum Federal water requirements necessary for discharging wastewater into a public watercourse and has been operating without a Federal discharge permit;
(4) the federally owned municipal water system that serves the Jicarilla Apache Reservation has been cited by the United States Environmental Protection Agency for violations of Federal safe drinking water standards and poses a threat to public health and safety both on and off the Jicarilla Apache Reservation;
(5) the lack of reliable supplies of potable water impedes economic development and has detrimental effects on the quality of life and economic self-sufficiency of the Jicarilla Apache Tribe;
(6) due to the severe health threats and impediments to economic development, the Jicarilla Apache Tribe has authorized and expended $4,500,000 of tribal funds for the repair and replacement of the municipal water system on the Jicarilla Apache Reservation; and
(7) the United States has a trust responsibility to ensure that adequate and safe water supplies are available to meet the economic, environmental, water supply, and public health needs of the Jicarilla Apache Indian Reservation.
SEC. 2. AUTHORIZATION.
(a) Authorization.--Pursuant to reclamation laws, the Secretary of the Interior, through the Bureau of Reclamation and in consultation and cooperation with the Jicarilla Apache Tribe, shall conduct a feasibility study to determine the most feasible method of developing a safe and adequate municipal, rural, and industrial water supply for the residents of the Jicarilla Apache Indian Reservation in the State of New Mexico.
(b) Report.--Not later than 1 year after funds are appropriated to carry out this Act, the Secretary of the Interior shall transmit to Congress a report containing the results of the feasibility study required by subsection (a).
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $200,000 to carry out this Act.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from Utah (Mr. Hansen) and the gentleman from New Mexico (Mr. Udall) each will control 20 minutes.
The Chair recognizes the gentleman from Utah (Mr. Hansen).
Mr. HANSEN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, the existing water system that is being used to meet the municipal water needs on the Jicarilla Apache Reservation in Northern New Mexico was built in the 1920s by the Bureau of Indian Affairs. The system was originally built solely for the use of the BIA, who continues to own the system. Over the years, the tribe has made random connections to the system. It has deteriorated and become overutilized. However, it is now regarded as the tribe's municipal water source, even though it does not adequately and safely serve the existing and future growth needs of the Jicarilla Apache Tribe.
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In addition, the BIA has been unable to meet the Federal Clean Water Act requirements necessary for discharging wastewater into a public watercourse and has been operating without a Federal discharge permit.
The Bureau of Indian Affairs has seen a growing number of requests to develop, operate, and maintain water systems on Indian reservations throughout the United States. Unfortunately, the BIA has chosen other priorities, with the result that many tribes' needs for safe drinking water have not been addressed. In the last several years, the Jicarilla tribe has spent more than $4.5 million of tribal funds for the repair and replacement of portions of the systems on the reservation.
The purpose of this legislation is to provide some funding to conduct a feasibility study which will evaluate what steps the BIA should take to rehabilitate the system. Since the BIA has failed to fund such an evaluation up to this point, the Bureau of Reclamation, through its Indian Affairs technical assistance office, is being asked to conduct this study.
Based on discussions with the various groups involved with the legislation, no more than $200,000 would need to be authorized to determine the most feasible method of developing a safe and adequate municipal, rural, and industrial water system for the reservation. The ultimate authorization and cost of construction will remain the responsibility of the BIA.
I urge passage of this bill.
Mr. Speaker, I reserve the balance of my time.
Mr. UDALL of New Mexico. Mr. Speaker, I yield myself such time as I may consume.
(Mr. UDALL of New Mexico asked and was given permission to revise and extend his remarks.)
Mr. UDALL of New Mexico. Mr. Speaker, this bill will authorize and direct the Bureau of Reclamation to conduct a feasibility study with regards to the rehabilitation of the municipal water system of the Jicarilla Apache Reservation, located in the State of New Mexico.
I am very pleased to be joined by several of my colleagues in sponsorship of this important bill. They include the gentleman from New Mexico (Mr. Skeen) and the gentlewoman from New Mexico (Mrs. Wilson), as well as the gentleman from Alaska (Chairman Young) and the gentleman from California (Mr. George Miller), ranking member, the gentleman from Michigan (Mr. Kildee), the gentleman from Arizona (Mr. Hayworth), the gentleman from Rhode Island (Mr. Kennedy), and the gentleman from California (Mr. Becerra).
Mr. Speaker, the Jicarilla Apache Reservation relies on one of the most unsafe municipal water systems in the country. While the system is a federally owned entity, the Environmental Protection Agency has, nevertheless, found the system to be in violation of the national safe drinking water standards for the last several years. Since 1995, the water system has continually failed to earn renewal of its National Pollutant Discharge Elimination permit.
The sewage lagoons of the Jicarilla water system are now operating well over 100 percent capacity, spilling wastewater into the nearby arroyo that feeds directly spoke the Navajo River.
Since this river serves as a primary source of groundwater for the region, the resulting pollution of the stream not only affects the reservation, but also travels downstream, creating public health hazards for families and communities both within and well beyond the reservation's borders.
Alarmingly, Jicarilla Apache youth are now experiencing higher than normal incidences of internal organ diseases affecting the liver, kidneys, and stomach, ailments suspected to be related to the contaminated water.
Because of the lack of sufficient water resources, the Jicarilla Tribe is not only facing considerable public health concerns, but it has also had to put a break on other important community improvement efforts, including the construction of much-needed housing and the replacement of deteriorating public schools.
For all of these reasons, the Tribal Council has been forced to declare a state of emergency for the reservation and has appropriated over $4.5 million of its own funds to begin the process of rehabilitating the water system.
Following a disastrous 6-day water outage last October, the Jicarilla investigated and discovered the full extent of the deplorable condition of the water system. Acting immediately to address the problem, the tribe promptly contacted the Bureau of Indian Affairs, the Indian Health Service, the Environmental Protection Agency, and other entities for help in relieving their situation. Yet, due to the budget constraints and other impediments, these agencies were unable to provide financial assistance or take any other substantial action to address the problem.
In particular, the Bureau of Indian Affairs, having found itself to be poorly suited for the operation and maintenance of a tribal water system, has discontinued its policy of operating its own tribal water systems in favor of transferring ownership directly to the tribes. Unfortunately, however, the dangerous condition of the Jicarilla water system precludes its transfer to the tribe until it has been rehabilitated.
Fortunately, the Bureau of Reclamation is appropriately suited to assist the Jicarilla Apache and the BIA in assessing the feasibility of the rehabilitation of the tribe's water system.
In consultation with the Jicarilla Apache Tribe, the Bureau of Reclamation has indicated both its willingness and ability to complete the feasibility study should it be authorized to do so as required by law.
Recognizing this as the most promising solution for addressing the serious water safety problems plaguing the Jicarilla, I and my fellow cosponsors introduced this bill to allow this important process to move forward. I hope the rest of our colleagues will join us in passing this bill to remedy this distressing situation.
Mr. GEORGE MILLER of California. Mr. Speaker, will the gentleman yield?
Mr. UDALL of New Mexico. I yield to the gentleman from California.
Mr. GEORGE MILLER of California. Mr. Speaker, I thank the gentleman for yielding to me. I simply rise in support of the legislation that he and other Members of the delegation have supported and brought to the floor and commend them for their efforts on behalf of the Apache Reservation, due to the fact that the Environmental Protection Agency has found these very serious violations.
I think in fact that this legislation does do what is necessary, and that is, to redeem the trust responsibility of the Federal Government to ensure that this Federal water system supplies the tribe with water that is safe and adequate to meet the health, economic, and environmental needs of the Jicarilla Apaches. I want to thank the gentleman for bringing this matter to the floor and urge support of this legislation.
Mr. Speaker, H.R. 3051 directs the Secretary of Interior 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 residents of the Jicarilla Apache Reservation in New Mexico. The study is to be conducted by the Bureau of Reclamation and in consultation and cooperation with the tribe. Further, the bill provides a report be submitted to Congress 1 year after funds are appropriated to carry out the study and authorizes $200,000 to implement the provisions of the legislation.
The Jicarilla Apache Reservation was established in 1887 by executive order and is located at the foot of the San Juan Mountains in north-
central New Mexico. The reservation consists of 742,315 acres and ranges in elevation from 6,500 to 9,000 feet.
The existing municipal water system was built by the Bureau of Indian Affairs (BIA) which continues to own the system. It is dilapidated and cannot safely and adequately address the current or future needs of the tribe. The system has been cited by the Environmental Protection Agency
(EPA) for violations of Safe Drinking Water Act standards. It poses a severe health threat to the community and impedes economic development by the tribe. In addition, the system has been unable to meet the minimum Federal water requirements necessary for discharging wastewater into a public watercourse and has been operating without a Federal discharge permit.
Over the last several years the tribe has spent over $4.5 million in tribal funds for repair and replacement of portions of the system. This patchwork process will not address the overall problems with the system as it need to be overhauled or replaced. The Federal Government has a trust responsibility to ensure that the Federal water system it supplies to the tribe is safe and adequate to meet the health, economic and environmental needs of tribal members.
I want to commend our colleague, Mr. Tom Udall from New Mexico, for his hard work in getting this bill before us today. It is an important first step toward ensuring future health and economic progress for the Jicarilla Apache Tribe. I urge my colleagues to support the bill.
Mr. UDALL of New Mexico. Mr. Speaker, I also, just to finally summarize here, want to thank very much the gentleman from Utah (Mr. Hansen), chairman of the Subcommittee on National Parks and Public Lands, for his hard work on this and for his being able to address this very quickly.
Mr. Speaker, I yield back the balance of my time.
Mr. HANSEN. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. LaHood). The question is on the motion offered by the gentleman from Utah (Mr. Hansen) that the House suspend the rules and pass the bill, H.R. 3051, as amended.
The question was taken; and (two-thirds having voted in favor thereof) the rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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