[Senate Report 117-17]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 51
117th Congress     }                                     {      Report
                                 SENATE
 1st Session       }                                     {      117-17

======================================================================



 
 TO AMEND THE AMERICA'S WATER INFRASTRUCTURE ACT OF 2018 TO EXPAND THE 
   INDIAN RESERVATION DRINKING WATER PROGRAM, AND FOR OTHER PURPOSES

                                _______
                                

                 April 28, 2021.--Ordered to be printed

                                _______
                                

           Mr. Schatz, from the Committee on Indian Affairs, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 421]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Indian Affairs, to which was referred the 
bill (S. 421) to amend the America's Water Infrastructure Act 
of 2018 to expand the Indian reservation drinking water 
program, and for other purposes, having considered the same, 
reports favorably thereon without amendment and recommends that 
the bill do pass.

                                PURPOSE

    The purpose of S. 421 is to expand a program to carry out 
projects that connect, expand, or repair existing public water 
systems or improve water quality, water pressure, or water 
services on reservations in the Upper Missouri River Basin and 
Upper Rio Grande River Basin.

                               BACKGROUND

    Under Section 2001 of the America's Water Infrastructure 
Act of 2018 (P.L. 115-270), the Environmental Protection Act 
(EPA) was directed, subject to the availability of 
appropriations, to carry out a program to connect, expand, or 
repair an existing public water system or improve water 
quality, water pressure, or water services, split between 
projects that serve reservations in the Upper Missouri River 
Basin and the Upper Rio Grande River Basin. Section 2001 
provides that at least one qualifying pilot project for a 
reservation must be selected that serves more than one 
federally recognized Indian tribe. The program was authorized 
for $20 million in each fiscal years 2019 through 2022. The 
program has not received any appropriations to date, although 
EPA noted that from fiscal years 2013 to 2019, it awarded $2.6 
million to six different Tribes in the Columbia River Basin for 
11 drinking water infrastructure projects.\1\
---------------------------------------------------------------------------
    \1\Legislative Hearing on Lands Transfer and Water Bills: Hearing 
Before the S. Comm. on Indian Affs., 116th Cong. (2020) (testimony of 
the U.S. Environmental Protection Agency).
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    S. 421 expands the number of eligible projects under 
current law to include 10 projects in the Columbia River Basin 
or a coastal basin adjacent to the Columbia River. Currently, 
the program covers 20 projects, split evenly between the Upper 
Missouri River Basin and the Upper Rio Grande River Basin. The 
bill expands the program to authorize projects that connect, 
expand, or repair an existing public water system to extend to 
off-reservation sites that serve Indian Tribes (currently 
limited to on-reservation projects). The bill extends the 
authorization of appropriations by an additional two years 
through 2024 and increases the amount by $30 million (currently 
set at $20 million) for a total of $50 million over five years. 
S. 421 requires eligible projects in the Columbia River Basin 
to include ``a project that serves one or more Tribal 
communities of federally recognized Indian Tribes the Federal 
recognition of which has been terminated and subsequently 
restored.''

                          NEED FOR LEGISLATION

    Tribal communities across the nation continue lack access 
to basic water and wastewater services. The Indian Health 
Service (IHS) identified at least $2.56 billion in estimated 
costs for infrastructure projects to address existing drinking 
water and wastewater infrastructure needs for fiscal year 
2019.\2\ Furthermore, IHS identified 110,552 American Indian 
and Alaska Native (AI/AN) homes as needing some form of 
sanitation facility improvement, 51,784 AI/AN homes without 
access to adequate sanitation facilities, and 6,626 AI/AN homes 
without access to a safe water supply systems and/or sewage 
disposal systems. The EPA's most recent drinking water 
infrastructure needs survey and assessment estimated the total 
20-year need for tribal water systems to be $3.1 billion.\3\
---------------------------------------------------------------------------
    \2\Indian Health Service et al., Annual Report to the Congress of 
the United States on Sanitation Deficiency Levels for Indian Homes and 
Communities: Fiscal Year 2019 (2019).
    \3\Env't. Protection Agency, Drinking Water Infrastructure Needs 
Survey and Assessment: Sixth Report to Congress, EPA 816-K-17-002 
(2018).
---------------------------------------------------------------------------
    The EPA administers the Drinking Water State Revolving Fund 
(SRF) to provide financial assistance to help water systems 
achieve health protection objectives of the Safe Drinking Water 
Act. The Drinking Water SRF program includes a Tribal Set-Aside 
of two percent from EPA's annual appropriations. Indian tribes 
are eligible for grants under the program. Tribes are also 
eligible for $3 million to fund tribal drinking water 
infrastructure projects under the Water Infrastructure 
Improvements for the Nation Act and the Water Infrastructure 
Finance and Innovation Act of 2014, a federal credit program 
for eligible water and wastewater infrastructure projects. 
Indian tribes are also eligible for funding under the Clean 
Water SRF (current set-aside for Indian tribes is either 2 
percent or $30 million, whichever is greater) to upgrade or 
construct sewage treatment works or develop waste management 
plans.
    Despite the availability of these programs, certain Tribal 
communities continue to lack the resources to finance necessary 
repairs to their water and wastewater infrastructure.\4\ S. 421 
aims to target Tribal communities in need of water and 
wastewater infrastructure assistance by prioritizing projects 
that respond to emergency situations where lack of access to 
clean drinking water threatens the health of Tribal 
populations.
---------------------------------------------------------------------------
    \4\According to a record statement submitted by the Confederated 
Tribes of Warm Springs, three of its four water delivery systems 
require major upgrades or replacement, and the Tribes face a minimum 
cost of $5-6 million to maintain existing systems. The Tribes noted 
that to provide for future improvements to meet the growing population, 
it faces a cost of $40-50 million for water infrastructure.
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                          LEGISLATIVE HISTORY

    Senators Merkley and Wyden introduced S. 421, the Western 
Tribal Water Infrastructure Act of 2021, on February 24, 2021. 
The Senate referred the bill to the Committee on the same day. 
The bill, S. 421, is substantially similar to the version 
favorably reported by the Committee, as amended, in the 116th 
Congress, except the authorization of appropriation was 
increased by an additional $20 million. On March 24, 2021, at a 
duly called business meeting, the Committee considered and 
ordered S. 421 reported favorably without amendment. A 
companion bill has not yet been introduced in the House of 
Representatives.
    116th Congress. S. 3044 was introduced on December 12, 2019 
by Senators Wyden and Merkley. The bill was referred to the 
Committee on Indian Affairs. On June 24, 2020, the Committee 
held a legislative hearing on S. 3044. The Committee received a 
statement for the record from the EPA, which provided technical 
assistance comments but did not take an official position on S. 
3044. On July 29, 2020, the Committee met at a duly called 
business meeting to consider the bill. An amendment in the 
nature of a substitute was filed and adopted by voice vote. The 
bill was ordered to be reported favorably, as amended, by voice 
vote.
    Amendment. An amendment broadened the geographical scope of 
the area within the Columbia River Basin under which Tribes are 
eligible for funding to include Tribes in Washington, and 
created a priority for projects that respond to emergency 
situations where lack of access to clean drinking water 
threatens the health of Tribal populations.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    This section states that the bill may be cited as the 
``Western Tribal Water Infrastructure Act of 2021''.

Section 2. Indian reservation drinking water program

    Section 2 amends the America's Water Infrastructure Act of 
2018 to add 10 eligible projects that connect, expand, or 
repair an existing public water system or improve water 
quality, water pressure, or water services and are within the 
Columbia River Basin or a coastal basin adjacent to the 
Columbia River. Section 2 expands the authorization to include 
projects that serve an off-reservation site that serves an 
Indian Tribe. Section 2 requires the Administrator of the EPA 
to select not less than one project that serves one or more 
Tribal communities that has been terminated and subsequently 
restored, and authorizes the program at $50 million for five 
years starting in fiscal year 2021.

                   COST AND BUDGETARY CONSIDERATIONS

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, April 15, 2021.
Hon. Brian Schatz,
Chairman, Committee on Indian Affairs,
U.S. Senate, Washington, DC.
    Dear Mr. Chariman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 421, the Western 
Tribal Water Infrastructure Act of 2021.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Stephen 
Rabent.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    
    Under current law, the Environmental Protection Agency 
(EPA) funds projects to connect, expand, or repair public water 
systems on Indian reservations within the Upper Missouri River 
Basin and the Upper Rio Grande Basin. For each of fiscal years 
2021 and 2022, $20 million is authorized to be appropriated for 
that purpose; however, no funds have been appropriated to date.
    S. 421 would expand that program to include projects on 
off-reservation sites that serve Indian Tribes and 10 
additional projects in the Columbia River Basin. The bill also 
would require EPA to fund 100 percent of project costs. 
Finally, the bill would authorize the appropriation of $50 
million annually for fiscal years 2021 through 2024 for the 
program.
    Using information from EPA, CBO estimates that funding 
qualifying projects would cost $148 million over the 2021-2026 
period and $12 million after 2026. EPA also would incur 
administrative costs to establish and operate the program. 
Using information from EPA about the resources needed to 
operate similar programs, CBO estimates that implementing the 
bill would require about four employees and would cost an 
additional $3 million over the 2021-2026 period.
    The costs of the legislation, detailed in Table 1, fall 
within budget function 300 (natural resources and environment).

                 TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER S. 421
----------------------------------------------------------------------------------------------------------------
                                                                    By fiscal year, millions of dollars--
                                                            ----------------------------------------------------
                                                              2021   2022   2023   2024   2025   2026  2021-2026
----------------------------------------------------------------------------------------------------------------
Indian Reservation Drinking Water Program:
    Authorizationa.........................................     30     30     50     50      0      0       160
    Estimated Outlays......................................      2     16     26     39     41     24       148
EPA Administration:
    Estimated Authorization................................      *      *      *      1      1      1         3
    Estimated Outlays......................................      *      *      *      1      1      1         3
    Total Changes:
        Estimated Authorization............................     30     30     50     51      1      1       163
        Estimated Outlays..................................      2     16     26     40     42     25       151
----------------------------------------------------------------------------------------------------------------
*= between zero and $500,000.
a. The bill would authorize the annual appropriation of $50 million for 2021 through 2024 for the Indian
  Reservation Drinking Water Program. However, $20 million is already authorized for that program for 2021 and
  2022. Thus, the authorization in this table shows the difference between those amounts for those years.

    The CBO staff contact for this estimate is Stephen Rabent. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Director of Budget Analysis.

                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. 314 will 
have minimal impact on regulatory or paperwork requirements.

                        EXECUTIVE COMMUNICATIONS

    Except as otherwise noted, the Committee has received no 
communications from the Executive Branch regarding S. 314.

                        CHANGES IN EXISTING LAW

    In accordance with Committee Rules, subsection 12 of rule 
XXVI of the Standing Rules of the Senate is waived. In the 
opinion of the Committee, it is necessary to dispense with 
subsection 12 of rule XXVI of the Standing Rules of the Senate 
to expedite the business of the Senate.

                                  [all]