Western Tribal Water Infrastructure Act of 2020

II Calendar No. 609 116TH CONGRESS 2D SESSION S. 3044 [Report No. 116–309] 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 DECEMBER 12, 2019 Mr. WYDEN (for himself and Mr. MERKLEY) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs DECEMBER 9, 2020 Reported by Mr. HOEVEN, with an amendment [Strike out all after the enacting clause and insert the part printed in italic] 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 2019’’. 5 VerDate Sep 11 2014 00:03 Dec 10, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6401 E:\BILLS\S3044.RS S3044 pbinns on DSKJLVW7X2PROD with BILLS 2 •S 3044 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 portion of the Columbia River 17 Basin that is— 18 ‘‘(i) south of the Columbia River; and 19 ‘‘(ii) below the Grand Coulee Dam; or 20 ‘‘(B) coastal basins adjacent to the portion 21 of the Columbia River Basin described in sub- 22 paragraph (A).’’; 23 (2) in subsection (b)(1)— 24 (A) by striking ‘‘is on a reservation’’ and 25 inserting the following: ‘‘is on— 26 VerDate Sep 11 2014 00:03 Dec 10, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S3044.RS S3044 pbinns on DSKJLVW7X2PROD with BILLS 3 •S 3044 RS ‘‘(A) a reservation’’; 1 (B) in subparagraph (A) (as so des- 2 ignated), by striking ‘‘and’’ at the end and in- 3 serting ‘‘or’’; and 4 (C) by adding at the end the following: 5 ‘‘(B) an off-reservation site that serves an 6 Indian Tribe described in subsection (c)(2); 7 and’’; 8 (3) in subsection (c)— 9 (A) by striking the subsection designation 10 and heading and all that follows through ‘‘In 11 carrying out’’ and inserting the following: 12 ‘‘(c) REQUIREMENTS.— 13 ‘‘(1) UPPER MISSOURI RIVER BASIN.—In car- 14 rying out’’; and 15 (B) by adding at the end the following: 16 ‘‘(2) COLUMBIA RIVER BASIN.—In carrying out 17 the program under subsection (a)(3), the Adminis- 18 trator of the Environmental Protection Agency shall 19 select not less than 1 eligible project that serves one 20 or more Tribal communities of federally recognized 21 Indian Tribes the Federal recognition of which has 22 been terminated and subsequently restored.’’; and 23 (4) in subsection (d), by striking ‘‘$20,000,000 24 for each of fiscal years 2019 through 2022’’ and in- 25 VerDate Sep 11 2014 00:03 Dec 10, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S3044.RS S3044 pbinns on DSKJLVW7X2PROD with BILLS 4 •S 3044 RS serting ‘‘$30,000,000 for fiscal year 2020 and each 1 fiscal year thereafter’’. 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Western Tribal Water 4 Infrastructure Act of 2020’’. 5 SEC. 2. INDIAN RESERVATION DRINKING WATER PROGRAM. 6 Section 2001 of the America’s Water Infrastructure 7 Act of 2018 (42 U.S.C. 300j–3c note; Public Law 115–270) 8 is amended— 9 (1) in subsection (a)— 10 (A) in the matter preceding paragraph (1), 11 by striking ‘‘Subject to the availability of appro- 12 priations, the Administrator’’ and inserting 13 ‘‘The Administrator’’; 14 (B) in paragraph (1), by striking ‘‘and’’ at 15 the end; 16 (C) in paragraph (2), by striking the period 17 at the end and inserting ‘‘; and’’; and 18 (D) by adding at the end the following: 19 ‘‘(3) 10 eligible projects described in subsection 20 (b) that are within— 21 ‘‘(A) the Columbia River Basin; or 22 ‘‘(B) a coastal basin adjacent to the Colum- 23 bia River.’’; 24 (2) in subsection (b)(1)— 25 VerDate Sep 11 2014 00:03 Dec 10, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\S3044.RS S3044 pbinns on DSKJLVW7X2PROD with BILLS 5 •S 3044 RS (A) by striking ‘‘is on a reservation’’ and 1 inserting the following: ‘‘is on— 2 ‘‘(A) a reservation’’; 3 (B) in subparagraph (A) (as so designated), 4 by striking ‘‘and’’ at the end and inserting ‘‘or’’; 5 and 6 (C) by adding at the end the following: 7 ‘‘(B) an off-reservation site that serves an 8 Indian Tribe described in subsection (c)(2)(B); 9 and’’; 10 (3) in subsection (c)— 11 (A) by striking the subsection designation 12 and heading and all that follows through ‘‘In 13 carrying out’’ and inserting the following: 14 ‘‘(c) REQUIREMENTS.— 15 ‘‘(1) UPPER MISSOURI RIVER BASIN.—In car- 16 rying out’’; and 17 (B) by adding at the end the following: 18 ‘‘(2) COLUMBIA RIVER BASIN.—In carrying out 19 the program under subsection (a)(3), the Adminis- 20 trator of the Environmental Protection Agency 21 shall— 22 ‘‘(A) give priority to projects that respond 23 to emergency situations where a lack of access to 24 VerDate Sep 11 2014 00:03 Dec 10, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\S3044.RS S3044 pbinns on DSKJLVW7X2PROD with BILLS 6 •S 3044 RS clean drinking water threatens the health of 1 Tribal populations; 2 ‘‘(B) select not fewer than 1 eligible project 3 that serves 1 or more Tribal communities of fed- 4 erally recognized Indian Tribes the Federal rec- 5 ognition of which has been terminated and subse- 6 quently restored; and 7 ‘‘(C) ensure that not fewer than 1 eligible 8 project under that subsection is carried out in— 9 ‘‘(i) the area described in subpara- 10 graph (A) of that subsection; and 11 ‘‘(ii) an area described in subpara- 12 graph (B) of that subsection.’’; 13 (4) by redesignating subsection (d) as subsection 14 (e); 15 (5) by inserting after subsection (c) the fol- 16 lowing: 17 ‘‘(d) FEDERAL SHARE.—The Federal share of a project 18 carried out under this section shall be 100 percent.’’; and 19 (6) in subsection (e) (as so redesignated), by 20 striking ‘‘$20,000,000 for each of fiscal years 2019 21 through 2022’’ and inserting ‘‘$30,000,000 for fiscal 22 year 2020 and each fiscal year thereafter’’. 23 VerDate Sep 11 2014 00:03 Dec 10, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\S3044.RS S3044 pbinns on DSKJLVW7X2PROD with BILLS VerDate Sep 11 2014 00:03 Dec 10, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\S3044.RS S3044 pbinns on DSKJLVW7X2PROD with BILLS Calendar No. 609 116TH CONGRESS 2D SESSION S. 3044 [Report No. 116–309] 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. DECEMBER 9, 2020 Reported with an amendment VerDate Sep 11 2014 00:03 Dec 10, 2020 Jkt 019200 PO 00000 Frm 00008 Fmt 6651 Sfmt 6651 E:\BILLS\S3044.RS S3044 pbinns on DSKJLVW7X2PROD with BILLS