II Calendar No. 51 117TH CONGRESS 1ST SESSION S. 421 [Report No. 117–17] To amend the America’s Water Infrastructure Act of 2018 to expand the Indian reservation drinking water program, and for other purposes. IN THE SENATE OF THE UNITED STATES FEBRUARY 24, 2021 Mr. WYDEN (for himself and Mr. MERKLEY) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs APRIL 28, 2021 Reported by Mr. SCHATZ, without amendment A BILL To amend the America’s Water Infrastructure Act of 2018 to expand the Indian reservation drinking water pro- gram, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Western Tribal Water 4 Infrastructure Act of 2021’’. 5 VerDate Sep 11 2014 23:03 Apr 28, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S421.RS S421 pbinns on DSKJLVW7X2PROD with BILLS 2 •S 421 RS SEC. 2. INDIAN RESERVATION DRINKING WATER PROGRAM. 1 Section 2001 of the America’s Water Infrastructure 2 Act of 2018 (42 U.S.C. 300j–3c note; Public Law 115– 3 270) is amended— 4 (1) in subsection (a)— 5 (A) in the matter preceding paragraph (1), 6 by striking ‘‘Subject to the availability of appro- 7 priations, the Administrator’’ and inserting 8 ‘‘The Administrator’’; 9 (B) in paragraph (1), by striking ‘‘and’’ at 10 the end; 11 (C) in paragraph (2), by striking the pe- 12 riod at the end and inserting ‘‘; and’’; and 13 (D) by adding at the end the following: 14 ‘‘(3) 10 eligible projects described in subsection 15 (b) that are within— 16 ‘‘(A) the Columbia River Basin; or 17 ‘‘(B) a coastal basin adjacent to the Co- 18 lumbia River.’’; 19 (2) in subsection (b)(1)— 20 (A) by striking ‘‘is on a reservation’’ and 21 inserting the following: ‘‘is on— 22 ‘‘(A) a reservation’’; 23 (B) in subparagraph (A) (as so des- 24 ignated), by striking ‘‘and’’ at the end and in- 25 serting ‘‘or’’; and 26 VerDate Sep 11 2014 23:03 Apr 28, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S421.RS S421 pbinns on DSKJLVW7X2PROD with BILLS 3 •S 421 RS (C) by adding at the end the following: 1 ‘‘(B) an off-reservation site that serves an 2 Indian Tribe described in subsection (c)(2)(B); 3 and’’; 4 (3) in subsection (c)— 5 (A) by striking the subsection designation 6 and heading and all that follows through ‘‘In 7 carrying out’’ and inserting the following: 8 ‘‘(c) REQUIREMENTS.— 9 ‘‘(1) UPPER MISSOURI RIVER BASIN.—In car- 10 rying out’’; and 11 (B) by adding at the end the following: 12 ‘‘(2) COLUMBIA RIVER BASIN.—In carrying out 13 the program under subsection (a)(3), the Adminis- 14 trator of the Environmental Protection Agency 15 shall— 16 ‘‘(A) give priority to projects that respond 17 to emergency situations where a lack of access 18 to clean drinking water threatens the health of 19 Tribal populations; 20 ‘‘(B) select not fewer than 1 eligible 21 project that serves 1 or more Tribal commu- 22 nities of federally recognized Indian Tribes the 23 Federal recognition of which has been termi- 24 nated and subsequently restored; and 25 VerDate Sep 11 2014 23:03 Apr 28, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S421.RS S421 pbinns on DSKJLVW7X2PROD with BILLS 4 •S 421 RS ‘‘(C) ensure that not fewer than 1 eligible 1 project under that subsection is carried out 2 in— 3 ‘‘(i) the area described in subpara- 4 graph (A) of that subsection; and 5 ‘‘(ii) an area described in subpara- 6 graph (B) of that subsection.’’; 7 (4) by redesignating subsection (d) as sub- 8 section (e); 9 (5) by inserting after subsection (c) the fol- 10 lowing: 11 ‘‘(d) FEDERAL SHARE.—The Federal share of a 12 project carried out under this section shall be 100 per- 13 cent.’’; and 14 (6) in subsection (e) (as so redesignated), by 15 striking ‘‘$20,000,000 for each of fiscal years 2019 16 through 2022’’ and inserting ‘‘$50,000,000 for each 17 of fiscal years 2021 through 2024’’. 18 VerDate Sep 11 2014 23:03 Apr 28, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S421.RS S421 pbinns on DSKJLVW7X2PROD with BILLS VerDate Sep 11 2014 23:03 Apr 28, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S421.RS S421 pbinns on DSKJLVW7X2PROD with BILLS Calendar No. 51 117TH CONGRESS 1ST SESSION S. 421 [Report No. 117–17] A BILL To amend the America’s Water Infrastructure Act of 2018 to expand the Indian reservation drink- ing water program, and for other purposes. APRIL 28, 2021 Reported without amendment VerDate Sep 11 2014 23:03 Apr 28, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6651 Sfmt 6651 E:\BILLS\S421.RS S421 pbinns on DSKJLVW7X2PROD with BILLS