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<br />Title V authorizes the Corps to establish an Office
<br />of Community Environmental Infrastructure Assistance
<br />and a grants program for economically distressed
<br />areas to help construct wastewater treatment facilities,
<br />safe drinking water systems and solid waste disposal
<br />facilities (serving less than 25,000 people), Each
<br />year, governors would submit to the Secretary a plan
<br />identifying economically distressed areas, eligible
<br />projects, and providing a priority ranking. EPA would
<br />submit a similar plan for Indian reservations. The bill
<br />would authorize $500M annually through FY98, with
<br />5% reserved for Indian tribes, and 15% reserved in
<br />FY93 and FY94 for 'colonias,' border areas in the
<br />Southwest. Local communities would pay 10% of
<br />project costs, under local cooperation agreements.
<br />The projects would be designed in accordance with
<br />environmental statutes and EPA guidelines. Eligible
<br />economically distressed areas are defined as in labor
<br />surplus, or with per capita incomes less than 70% of
<br />the national average, or reservations and colonias.
<br />
<br />Lastly, Title VI amends the Marine Protection and
<br />Sanctuaries Act and addresses monitoring, dredging
<br />and management of contaminated sediment, state
<br />ocean dumping requirements, and site designation,
<br />permit conditions and penalties.
<br />
<br />WATER RIGHTS
<br />
<br />Indian Reserved Rights/Negotiated Settlements
<br />
<br />On August 7, the Senate passed S. 1607, the
<br />Northern Cheyenne Indian Reserved Rights
<br />Settlement Act, ratifying a compact negotiated
<br />between the tribe and other government entities in
<br />Montana (see WSW #945). The settlement includes
<br />rehabilitation and the slight enlargement of the
<br />Tongue River Dam, which according to Senator Max
<br />Baucus (D-MT) is the "lynch-pin that holds the
<br />negotiated compact together." The dam is owned
<br />and operated by the state of Montana, and the bill
<br />allows the tribe to loan the state $11,5M toward the
<br />cost of rebuilding the dam.
<br />
<br />The settlement creates a Northern Cheyenne Fund
<br />and authorizes $21.5M over three years to be used
<br />for natural resources administration, planning and
<br />development, land acquisition within the reservation,
<br />and other purposes. Over five years, another $31.5
<br />may be appropriated to enlarged the dam and secure
<br />Compact waters for the tribe's use from the additional
<br />
<br />storage. Another $2,5M is authorized for project
<br />related fish and wildlife enhancement. The total_
<br />project cost is estimated to be $52.2M. Annual
<br />nonreimbursable appropriations are authorized to
<br />cover operation and maintenance costs. State
<br />contributions to the settlement are $17.3M.
<br />
<br />Of note, until the adoption and approval of a tribal
<br />water code, the Secretary of Interior will administer
<br />and enforce the tribal water right. The tribe may
<br />'enter into a service contract, lease, exchange, or
<br />other agreement...for the delivery, use, or transfer of
<br />the tribal water right...' subject to the Secretary's
<br />approval and Compact's limitations, but may not
<br />permanently alienate its rights. An amendment was
<br />added to the legislation asserting that the agreement
<br />is unique to the "geographic, social, and economic
<br />characteristics In the area,' and providing that the
<br />Act 'shall not be construed to be applied to nor be
<br />precedent for any other Indian water rights claims."
<br />The House has yet to act on the legislation.
<br />
<br />ORGANIZAllON/WATER RESOURCES
<br />
<br />National Governors' AssociationJWater Conservation
<br />
<br />The National Governors' Association (NGA), EPA
<br />and state of Idaho are sponsoring a conference on.
<br />'The Roie of Water Conservation in State Water
<br />Policy," at the Red Lion Riverside in Boise, Idaho on
<br />October 5-6. For rooms call (208)343-1871; or (800)
<br />547-8010. The purpose is to discuss key water
<br />conservation and water policy issues facing state
<br />government, with particular attention to the governors'
<br />role in responding to short-term water crises and
<br />long-term planning. Officials from states across the
<br />country will describe and compare strategies for
<br />making efficient use of water resources.
<br />
<br />Idaho Governor Cecil Andrus and LaJuana
<br />Wilcher, EPA Assistant Administrator for Water, will
<br />speak. Various sessions will address how states
<br />define water conservation, exemplary state water
<br />conservation policies and programs, state/federal
<br />relationships, components of a water conservation
<br />strategy, agricultural water use, legal and institutional
<br />issues (including the Clean Water and Endangered
<br />Species Acts) and interstate water rights. The
<br />registration fee is $60. Contact Janice Webb, NGA;
<br />(202) 624-5377. For program information contact
<br />Heidi Snow. NGA: (202) 624-5384,
<br />
<br />The WESTERN STATES WATER COUNCIL is an organization of representatives appointed by the Governors.
<br />of member states - Alaska, Arizona, California, Colomdo, Hawaii, Idaho, Montana, Nevada, New Mexico, North
<br />Dakota, Oregon, South Dakota, Texas, Utah, Washington, and Wyoming, and associate member state Oklahoma
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