[Senate Report 115-143]
[From the U.S. Government Publishing Office]
Calendar No. 193
115th Congress } { Report
SENATE
1st Session } { 115-143
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TO AUTHORIZE THE SECRETARY OF THE INTERIOR TO ASSESS SANITATION AND
SAFETY CONDITIONS AT BUREAU OF INDIAN AFFAIRS FACILITIES THAT WERE
CONSTRUCTED TO PROVIDE AFFECTED COLUMBIA RIVER TREATY TRIBES ACCESS TO
TRADITIONAL FISHING GROUNDS AND EXPEND FUNDS ON CONSTRUCTION OF
FACILITIES AND STRUCTURES TO IMPROVE THOSE CONDITIONS, AND FOR OTHER
PURPOSES
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August 2, 2017.--Ordered to be printed
_______
Mr. Hoeven, from the Committee on Indian Affairs,
submitted the following
R E P O R T
[To accompany S. 669]
[Including cost estimate of the Congressional Budget Office]
The Committee on Indian Affairs, to which was referred the
bill (S. 669) to authorize the Secretary of Interior to assess
sanitation and safety conditions at Bureau of Indian Affairs
(``BIA'') facilities that were constructed to provide affected
Columbia River Treaty tribes access to traditional fishing
grounds and expend funds on construction of facilities and
structures to improve those conditions, and for other purposes,
having considered the same, reports favorably thereon without
amendment and recommends that the bill do pass.
PURPOSE
The purpose of this bill, S. 669, is to improve safety and
sanitary conditions at 27 tribal fishing sites located along
the Columbia River by authorizing the BIA to assess conditions
and execute improvements at the 27 In-Lieu and Treaty Fishing
Access Sites that the BIA manages on both sides of the Columbia
River.
This effort would be done in coordination with the four
tribes outlined by statute\1\ and with whom the sites served--
the Confederated Tribes and Bands of the Yakima Nation (WA),
the Nez Perce Tribe (ID), the Confederated Tribes of the Warm
Springs Indian Reservation of Oregon (OR) and the Confederated
Tribes of the Umatilla Indian Reservation (OR) (collectively,
the Columbia River Treaty Tribes).
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\1\See Pub. L. No. 100-581 (102 Stat. 2944).
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NEED FOR LEGISLATION
The bill, S. 669, will improve safety and sanitary
conditions at 27 tribal fishing sites located along the
Columbia River by authorizing the BIA to assess conditions and
execute improvements at the 27 In-Lieu and Treaty Fishing
Access Sites that the BIA manages on both sides of the Columbia
River.
BACKGROUND
The Columbia River Treaty Tribes, through a series of
treaties in 1855, established access to ``usual and accustomed
fishing areas'' and ancillary fishing facilities.\2\ These
rights were secured by various treaties signed between the
United States and the Columbia River Treaty Tribes, in 1855.
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\2\See Yakima Treaty, 1855; Tribes of Middle Oregon Treaty, 1855;
Cayuse, Umatilla, and Walla Walla Treaty, 1855; and Nez Perce Treaty,
1855.
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However, during the 1930s and 1950s the United States began
the process of building dams along the Columbia River in order
to provide much needed electricity to various communities
throughout the states of Washington and Oregon. As a
consequence of these dams being constructed, tribal and non-
tribal communities were flooded and needed to be relocated.
Congress passed the River and Harbor Act of 1945 to
authorize the U.S. Army Corps of Engineers (the Corps) to
acquire and replace tribal fishing areas along the Columbia
River.\3\ Over the next twenty years the Corps acquired five
sites.
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\3\Pub. L. No. 79-14 (59 Stat. 22).
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In Title IV of Public Law 100-581 (102 Stat. 2944) Congress
affirmed tribal access to usual and accustomed fishing areas
and authorized construction of improvements for ancillary
fishing facilities along the Columbia River. Title IV of Public
Law 100-581 also directed the Corps to acquire lands from
willing sellers to provide unfettered river access for members
of the Columbia River Treaty Tribes. Following acquisition of
these lands, Congress directed the lands be transferred to the
Department of the Interior for the purpose of maintaining the
sites and providing law enforcement services.\4\
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\4\Id.
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The flooded tribal lands were later replaced with 31
designated encampments.\5\ Since the Corps began acquiring
these sites, all but 4 of these 31 encampments have been
transferred to the BIA for management.
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\5\Legislative Hearing to receive testimony on the following bills:
S. 2636, S. 3216, S. 3222, S. 3300 Before the S. Comm. on Indian
Affairs, 114th Cong. (2016) (testimony of Paul Lumley, Executive
Director Columbia River Inter-Tribal Fish Commission).
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In response to a 2013 report on the sites' conditions, the
Corps' Portland District spokeswoman acknowledged the terrible
living conditions near these sites.\6\
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\6\Id.
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LEGISLATIVE HISTORY
Senator Merkley introduced the bill, S. 669, on March 21,
2017. Senators Wyden, Murray, and Cantwell joined as co-
sponsors.
During the 114th Congress, Senator Merkley introduced the
predecessor bill, S. 3222. The Committee held a legislative
hearing on this previous version of the bill on September 14,
2016, at which the Department of the Interior testified on and
provided technical corrections to improve the bill. The current
bill, S. 669 incorporates these recommendations.
The Columbia River Inter-Tribal Fish Commission also
testified at that hearing and supported the predecessor bill,
S. 3222.
SECTION-BY-SECTION ANALYSIS OF BILL AS ORDERED REPORTED
Section 1. Short title
Section 1 titles the bill as the ``Columbia River In-Lieu
and Treaty Fishing Access Sites Improvement Act.''
Section 2. Sanitation and safety conditions at certain Bureau of Indian
Affairs facilities
Section 2 provides for the assessment of fishing access
facilities and structures maintained by the BIA, establishes
the BIA as the sole Federal agency tasked with executing the
requirements of the bill, applies the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450 et seq.) to the
contracting process for facility assessments, defines the
affected Columbia River Treaty Tribes, and authorizes
appropriations for assessments of the fishing access sites and
facilities.
Section 2(a) provides for the BIA to, in consultation with
the Columbia River Treaty Tribes, assess any permanent federal
structures and improvements on BIA lands that were set aside to
provide the treaty access to traditional grounds.
Section 2(b) provides that the BIA shall be the only
Federal agency authorized to carry out the activities in the
bill.
Section 2(b) also allows for tribes and tribal
organizations to contract the assessment activities of the
fishing access sites and facilities under the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450 et
seq.).
Section 2(c) defines the affected Columbia River Treaty
Tribes as the Nez Perce tribe, the Confederated Tribes of
Umatilla Indian Reservation, the Confederated Tribes of the
Warm Springs Reservation of Oregon, and the Confederated Tribes
and Bands of the Yakama Nation.
Section 2(d) authorizes appropriations for the bill, S.
669.
COST AND BUDGETARY CONSIDERATIONS
The following cost estimate, as provided by the
Congressional Budget Office, dated July 5, 2017.
July 5, 2017.
Hon. John Hoeven,
Chairman, Committee on Indian Affairs,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 669, the Columbia
River In-Lieu and Treaty Fishing Access Sites Improvement Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Robert Reese.
Sincerely,
Keith Hall.
Enclosure.
Summary: S. 669 would authorize the appropriation of
whatever amounts are necessary to the Bureau of Indian Affairs
(BIA) to assess and improve the sanitation and safety
conditions on certain land and facilities used to access
traditional fishing areas by the four Columbia River Treaty
tribes.
CBO estimates that implementing this legislation would cost
$11 million over the 2018-2022 period, assuming appropriation
of the necessary amounts. Enacting S. 669 would not affect
direct spending or revenues; therefore, pay-as-you-go
procedures do not apply.
CBO estimates that enacting S. 669 would not increase net
direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2028.
S. 669 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would not affect the budgets of state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary effect of S. 669 is shown in the following table. The
costs of this legislation fall within budget functions 450
(community and regional development).
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By Fiscal Year, in Millions of Dollars--
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2018 2019 2020 2021 2022 2018-2022
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INCREASES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level................................ 3 2 2 2 2 11
Estimated Outlays............................................ 3 2 2 2 2 11
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Basis of estimate: For this estimate, CBO assumes that S.
669 will be enacted near the end of 2017 and that the necessary
amounts will be provided each year.
S. 669 would authorize the appropriation of any amounts
necessary for BIA to assess and improve the sanitation and
safety conditions on land and facilities to access traditional
fishing areas and held in trust by the United States for the
four Columbia River Treaty tribes. The Columbia River Treaty
tribes include the Nez Perce Tribe, the Confederated Tribes of
Umatilla Indian Reservation, the Confederated Tribes of the
Warm Springs Reservation of Oregon, and the Confederated Tribes
and Bands of the Yakama Nation. Currently, BIA pays for the
operation and maintenance of 28 fishing sites on the Columbia
River used by the tribes.
Based on an analysis of information provided by BIA, CBO
estimates that implementing S. 669 would cost $11 million over
the 2018-2022 period. Those costs would include one new staff
member to oversee the implementation of the improvement plan
and subsequent maintenance work, seven new law enforcement
officers to ensure the safety and security of the facilities,
and all equipment necessary to upgrade the electric, sewer, and
water service at the designated facilities.
Pay-as-You-Go considerations: None.
Increase in long-term direct sSpending and deficits: CBO
estimates that enacting S. 669 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2028.
Estimated intergovernmental and private-sector impact: S.
669 contains no intergovernmental or private-sector impacts as
defined in UMRA and would not affect the budgets of state,
local, or tribal governments.
EXECUTIVE COMMUNICATIONS
The Committee has received no communications from the
Executive Branch regarding S. 669.
REGULATORY AND PAPERWORK IMPACT STATEMENT
Paragraph 11(b) of rule XXVI of the Standing Rules of the
Senate requires each report accompanying a bill to evaluate the
regulatory and paperwork impact that would be incurred in
carrying out the bill. The Committee believes that S. 669 will
have a minimal impact on regulatory or paperwork requirements.
CHANGES IN EXISTING LAW (CORDON RULE)
On January 31, 2017, the Committee on Indian Affairs
unanimously approved a motion to waive the Cordon rule. Thus,
in the opinion of the committee, it is necessary to dispense
with subsection 12 of rule XXVI of the Standing Rules of the
Senate in order to expedite the business of the Senate.
[all]