[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).
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
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]