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                                                      Calendar No. 193
115th Congress      }                                     {     Report
                                 SENATE
 1st Session        }                                     {    115-143

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

 
  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

                                _______
                                

                 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).
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \2\See Yakima Treaty, 1855; Tribes of Middle Oregon Treaty, 1855; 
Cayuse, Umatilla, and Walla Walla Treaty, 1855; and Nez Perce Treaty, 
1855.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \3\Pub. L. No. 79-14 (59 Stat. 22).
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \4\Id.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    In response to a 2013 report on the sites' conditions, the 
Corps' Portland District spokeswoman acknowledged the terrible 
living conditions near these sites.\6\
---------------------------------------------------------------------------
    \6\Id.
---------------------------------------------------------------------------

                          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).

----------------------------------------------------------------------------------------------------------------
                                                                    By Fiscal Year, in Millions of Dollars--
                                                              --------------------------------------------------
                                                                2018    2019    2020    2021    2022   2018-2022
----------------------------------------------------------------------------------------------------------------
                                 INCREASES IN SPENDING SUBJECT TO APPROPRIATION
 
Estimated Authorization Level................................       3       2       2       2       2        11
Estimated Outlays............................................       3       2       2       2       2        11
----------------------------------------------------------------------------------------------------------------

    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]