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<br />001134 <br /> <br />relocation route to include boring two 36-inch diameter holes for over one-quarter <br />of a mile, as examples. <br /> <br />. costs to be expected from implementation of the Indian Self Determination and <br />Education Act (638) contracting process were not included. <br /> <br />. unspecified Homeland Security features, have also been added. <br /> <br />I would also like to address the relationship of the 638 Process to the Animas- LaPlata <br />Project. In 1988 and again in 2000, the Congress specifically directed the Bureau of <br />Reclamation to utilize 638 procedures in constructing the Animas-LaPlata Project. The <br />congressional direction was urunistakable. The Animas-LaPlata Project was to be built, <br />to the extent feasible, utilizing resources of the Colorado Ute tribes. Even a cursory <br />review of the underlying law makes it clear that Congress did intend to provide additional <br />financial benefits to the Indian tribes over and above those that might be enjoyed by a <br />non::' Indian contractor. At no time has Congress suggested that these additional costs' <br />should be considered part of the reimbursable cost of the Project. In fact they are costs <br />the federal government incurs in order to encourage the improvement of the economic <br />condition of American Indian tribes generally. We, as financial contributors to and <br />participants in the Animas- LaPlata Project want to make it perfectly clear that we have no <br />disagreement with this congressional decision so long as those costs do not become a part <br />of our reimbursable share. We also want to be clear that we are very confident in our <br />Indian neighbors' ability to perform the tasks necessary to build the Animas-LaPlata <br />Project for a reasonable and competitive price. There is nothing in the circumstances <br />surrounding the construction record that exists today to suggest the tribes have benefited <br />inappropriately from the congressional decision nor have they taken advantage of the <br />process. In fact, the work that has been done on the Project to date has been completed in <br />a highly professional manner and we are proud to have the tribes as our partners. <br /> <br />To the extent that there has been a suggestion by some that the application of the 638 <br />Process to this Project has resulted in an increase in project costs approaching 30%, or <br />that the tribes have received a largess approaching 30% of the project costs, we <br />categorically disagree with any such assertions. It is our strong beliefthat if there are <br />increases in the cost of the Animas-LaPlata Project due to the 638 interaction, those <br />increases will first have been sanctioned by the Congress and second that they will in all <br />likelihood not exceed 10%. The tribal participation in constructing the Animas-LaPlata <br />Project is not, and should not be cited as, a major reason for the change in project costs. <br />From our perspective, the enormous bulk of the change in project cost results from <br />inaccurate assessments of the costs prepared for the 1999 EIS and subsequent changes in <br />Project facilities which were made by the Bureau of Reclamation without consultation <br />with Project supporters and without assessing the impact of the changes on ultimate <br />project costs. <br /> <br />The bottom line for the Animas-LaPlata Water Conservancy District and the water users <br />which it represents is a straightforward proposition. We obtained funding from the <br />Colorado Water Resources and Power Development Authority in order to pay upfront for <br /> <br />, ..',. <br /> <br />''',-. <br />