[Senate Hearing 117-20]
[From the U.S. Government Publishing Office]
S. Hrg. 117-20
BUILD BACK BETTER: WATER INFRASTRUCTURE NEEDS FOR NATIVE COMMUNITIES
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HEARING
BEFORE THE
COMMITTEE ON INDIAN AFFAIRS
UNITED STATES SENATE
ONE HUNDRED SEVENTEENTH CONGRESS
FIRST SESSION
__________
MARCH 24, 2021
__________
Printed for the use of the Committee on Indian Affairs
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
U.S. GOVERNMENT PUBLISHING OFFICE
44-761 PDF WASHINGTON : 2021
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COMMITTEE ON INDIAN AFFAIRS
BRIAN SCHATZ, Hawaii, Chairman
LISA MURKOWSKI, Alaska, Vice Chairman
MARIA CANTWELL, Washington JOHN HOEVEN, North Dakota
JON TESTER, Montana JAMES LANKFORD, Oklahoma
CATHERINE CORTEZ MASTO, Nevada STEVE DAINES, Montana
TINA SMITH, Minnesota MIKE ROUNDS, South Dakota
BEN RAY LUJAN, New Mexico JERRY MORAN, Kansas
Jennifer Romero, Majority Staff Director and Chief Counsel
T. Michael Andrews, Minority Staff Director and Chief Counsel
C O N T E N T S
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Page
Hearing held on March 24, 2021................................... 1
Statement of Senator Cantwell.................................... 3
Statement of Senator Cortez Masto................................ 21
Statement of Senator Lujan....................................... 25
Statement of Senator Murkowski................................... 2
Prepared statement........................................... 2
Statement of Senator Schatz...................................... 1
Witnesses
Flores, Hon. Amelia, Chairwoman, Colorado River Indian Tribes.... 4
Prepared statement........................................... 5
Davidson, Hon. Valerie Nurr'araaluk, Interim President, Alaska
Native Tribal Health Consortium................................ 9
Prepared statement........................................... 10
John, Jason, Director, Navajo Department of Water Resources,
Navajo Nation.................................................. 13
Prepared statement........................................... 15
Tsumpti, Hon. Raymond, Chairman, Confederated Tribes of Warm
Springs........................................................ 7
Prepared statement........................................... 8
Appendix
Response to written questions submitted by Hon. John Hoeven to:
Hon. Valerie Nurr'araaluk Davidson........................... 35
Hon. Amelia Flores........................................... 36
Jason John................................................... 36
Hon. Raymond Tsumpti......................................... 37
Response to written questions submitted by Hon. Mike Rounds to:
Hon. Valerie Nurr'araaluk Davidson........................... 34
Hon. Amelia Flores........................................... 35
Jason John................................................... 36
Hon. Raymond Tsumpti......................................... 37
Response to written questions submitted by Hon. Brian Schatz to
Hon. Raymond Tsumpti........................................... 37
Southern Ute Indian Tribe, prepared statement.................... 29
Ute Indian Tribe of the Uintah and Ouray Reservation, prepared
statement...................................................... 30
BUILD BACK BETTER: WATER
INFRASTRUCTURE NEEDS FOR NATIVE COMMUNITIES
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WEDNESDAY, MARCH 24, 2021
U.S. Senate,
Committee on Indian Affairs,
Washington, DC.
The Committee met, pursuant to notice, at 2:42 p.m. in room
628, Dirksen Senate Office Building, Hon. Brian Schatz,
Chairman of the Committee, presiding.
OPENING STATEMENT OF HON. BRIAN SCHATZ,
U.S. SENATOR FROM HAWAII
The Chairman. Good afternoon. Today's oversight hearing
will focus on the unmet water and wastewater service needs of
Native communities. Water is essential for all communities'
public health, especially in the midst of the pandemic, but
also for education, jobs and economic development.
Many Native communities cannot provide basic water and
sewer connections for their people. Other communities may have
aging water infrastructure which makes the use of this
infrastructure challenging. Both need additional investment.
The need for additional investment in water infrastructure
is by no means unique to tribal land. In my home State of
Hawaii, for example, recent flooding and landslide damage has
severely compromised dams from the old plantation days, placing
lives and property at risk. But the Federal Government has a
special trust responsibility to ensure the general welfare of
Native communities. The trust responsibility extends to
providing access to providing clean and reliable water.
Today we will hear from witnesses that continue to face
challenges in meeting the basic water needs of their
communities. I look forward to hearing about what Congress
should consider in a potential infrastructure bill, because we
have a real opportunity to build a bipartisan consensus around
supporting the water infrastructure needs of Native
communities.
With that, I will turn to Vice Chair Murkowski for her
opening statement.
STATEMENT OF HON. LISA MURKOWSKI,
U.S. SENATOR FROM ALASKA
Senator Murkowski. Thank you, Mr. Chairman. I will be brief
because I want to get to our witnesses here today.
But I want to show you, when we are talking about water and
water systems, I am looking at an article from the Anchorage
Daily News, March 14th. The headline is Fires, Deteriorating
Infrastructure, and Unusually Cold Weather Strain Rural
Alaska's Already Fragile Water Systems. In Unalakleet, the
water drips from home faucets sometimes brown and sludgy.
People say that they are tired of being afraid of our water.
The water treatment plant in Unalakleet was built in the 1960s.
It has been steadily failing for 10 years. Boil water notices
have become a way of life in Unalakleet.
In Selawik, roughly 60 homes have been without running
water for weeks. In Tuluksak, the washeteria was destroyed in a
January fire. It was the only building in the village with
potable running water. Two months, and still that village is
faced with challenges. They now have potable water in the
school, but the challenges are far from over. In Nenana, a
water plant freeze-up that could have been disastrous was
controlled, but you had a town enduring a boil water alert in
February, in the cold of winter.
I share these because these are the conditions that people
in some of the parts of my State are dealing with when it comes
to access to basic drinking water, clean water, and water
sanitation systems. I am pleased today to be able to have on
this afternoon's panel a friend of mine, a friend of Alaska, a
true leader, the Honorable Valerie Davidson. Valerie is now the
interim president for Alaska Native Tribal Health Consortium.
ANTHC has been doing considerable work throughout Alaska and in
our rural villages to help address our water and waster
infrastructure. So I am very, very pleased that not only is she
here today to testify to the Committee, but I am so thankful
that she has stepped into this very vital rule at ANTHC and for
her leadership in the State.
So I look forward to the comments from all the witnesses
today.
Prepared Statement of Hon. Lisa Murkowski, U.S. Senator From Alaska
Thank you, Chairman Schatz.
Enaa neenyo. [In the Koyukon Athabascan language, this means
``welcome, or precious you came.'']
The health impacts of the lack of sanitation and clean water
infrastructure, in combination with overcrowded housing in so many
Native communities remains an ongoing public health crisis.
Across the state of Alaska, 32 Alaska Native communities have no
access to in-home running water or sewer. Without access to running
water, Alaska Natives, especially the youth, experience higher rates of
respiratory infections, including pneumonia, when compared to the
overall U.S. population.
The pandemic has clearly underscored the need for these communities
to have better water infrastructure. Simply washing your hands multiple
times throughout the day to protect against the spread of COVID should
not be a difficult task. But families in these communities are
challenged with deciding whether the limited supply of water they
receive should be used for other uses, such as cooking or drinking or
using it for baby formula.
The need for better access to water, whether it is creating a water
facility through the building of a washeteria, or individually
constructing a pipe system to reach each household in a community, is
well-documented. We have seen over the course of the pandemic the
impact of sanitation emergencies that exacerbate the risk of COVID-19.
Earlier this year, in February, the Village of Tuluksak's
washeteria and water treatment plant caught on fire. North of Bethel,
Tuluksak is located along the Kuskokwim River and is not connected to
the road system. Over a third of the community has tested positive for
COVID-19. When their only source of clean water caught on fire, the
village came together to fight the flames, literally hand carrying
buckets of water from the nearby Kuskokwim River because their fire
hose was stuck in the washeteria. Although the washeteria was
completely lost to the fire, many came together to help bring clean
water to the village and now the community waits for the rebuilding of
their water facility.
The inaccessibility to water is an issue for many tribal
communities across the country.
The latest Indian Health Service Sanitation Deficiency Levels
report provided an inventory of projects ready to address existing
sanitation deficiencies in American Indian and Alaska Native
communities. These projects are provided funding and assistance for the
construction of drinking water supply, sewage disposal, and solid waste
disposal facilities. According to this report, there are 272 projects
in the queue for the Alaska service area. This is the second highest
for all 12 IHS service areas, just behind the Navajo service area. With
hundreds of projects waiting to be approved, it shows that the need to
address water infrastructure in an efficient way is needed for Native
communities.
The Committee previously held a field oversight hearing that I
chaired on St. Lawrence Island in the Native Village of Savoonga on
August 25, 2018. During this field hearing on ``Overcrowded Housing,''
we heard about the need for more water and sanitation infrastructure in
the native village. Following the field hearing, committee staff and I
were able to tour Savoonga and see what it is like to live in such
severe overcrowded conditions, to see 21 people sharing a small three
bedroom home. So while we are talking today about the need for water
infrastructure, addressing pandemic vulnerabilities also requires
addressing housing shortages and overcrowding, which I know is an issue
for all of Indian country.
With that, I'm glad to welcome all of our witnesses today.
One of the witnesses today is Ms. Valerie Davidson, who can provide
us with testimony that will be invaluable as the Senate begins to
consider any infrastructure legislation. She is the Interim President
of the Alaska Native Tribal Health Consortium. Ms. Davidson is Yup'ik
and an enrolled tribal citizen of the Orutsararmiut Traditional Native
Council, located in Bethel. She previously served as Lieutenant
Governor of Alaska, Commissioner of the Alaska Department of Health and
Social Services, and ANTHC's Senior Director of Legal and
Intergovernmental Affairs. In her position as Interim President, Ms.
Davidson oversees the administration of ANTHC's statewide health and
social services that are offered to the Alaska Natives and American
Indians living in Alaska.
Thank you, Ms. Davidson, for taking the time today to virtually
testify before the committee.
With that Mr. Chairman, I turn back to you for continuation of the
oversight hearing.
The Chairman. Senator Cantwell?
STATEMENT OF HON. MARIA CANTWELL,
U.S. SENATOR FROM WASHINGTON
Senator Cantwell. Thanks, Mr. Chairman, and thanks for
holding this important hearing. I would be remiss if I didn't
thank the Vice Chair for her work on the Yakima Basin project,
which is a Columbia Basin project that really helped in
establishing management through collaboration. I see the Warm
Springs on the agenda here today.
We have very complicated management issues as we face also
changes to climate. I hope that we will hear from our witnesses
today about what can facilitate better consensus-based
management solutions, how we can work together, and certainly
on this next infrastructure package how we can help improve the
irrigation systems that are so integral in some of the tribes
in Indian Country across the State of Washington.
Thank you.
The Chairman. Thank you, Senator Cantwell.
We will turn now to our witnesses. We have a really august
group of witnesses from throughout the United States. We have
the Honorable Raymond Tsumpti, Chairman of the Tribal Council
of the Confederated Tribes of Warm Springs, Oregon; the
Honorable Amelia Flores, Chairwoman, Colorado River Indian
Tribes in Arizona; the Honorable Valerie Davidson, Interim
President, Alaska Native Tribal Health Consortium in Alaska;
and Mr. Jason John, Director of the Navajo Department of Water
Resources in the Navajo Nation.
All are appearing virtually. I want to remind our witnesses
that your full written testimony will be made part of the
official hearing record. Please keep your statement to no more
than five minutes, so that our members will have time for
questions.
And we will start with the Honorable Amelia Flores,
Chairwoman, Colorado River Indian Tribes, in Arizona. Ms.
Flores?
STATEMENT OF HON. AMELIA FLORES, CHAIRWOMAN, COLORADO RIVER
INDIAN TRIBES
Ms. Flores. [Greeting in Native tongue.] Mr. Chairman,
Madam Vice Chair, I want to begin by thanking the Committee for
this wonderful opportunity. It is an honor to be here as the
newly elected, and first, Chairwoman of the Colorado River
Indian Tribes.
Our people are the people of the river. The river runs
through us in the same way that it runs through our reservation
in eastern California and western Arizona. It the cornerstone
of our culture, and the foundation of our economy. It is
essential to who we are as a people.
That is why I am honored to share how the United States can
improve access to efficient water infrastructure. The first
thing you need to know: you don't need to just throw money at
the problem. It helps of course, but it is not the only thing
holding tribes back.
CRIT has dealt with a number of legal and policy barriers
that make efficient water infrastructure challenging. For our
tribe, the most consequential barrier is the Indian Non-
Intercourse Act. As a result of this law, CRIT cannot lease
water without Congressional approval.
Congress has given that right to many tribes in their water
settlements. But for those of us with decreed water rights, we
still can't lease our water. If given that right, we would use
our water to preserve the life of the river, and reinvest the
proceeds to improve the Colorado River Irrigation Project, or
CRIP.
CRIT also faces continuing challenges with the operation of
the irrigation project. This project is owned by the Federal
government and operated by the BIA. Routine project maintenance
often goes unfinished because the BIA fails to charge water
users enough to cover the basic costs of maintenance. The tribe
asks the BIA year after year to raise these rates, essentially
taxing ourselves, so that the work can get done. But we have
had minimal success even as the maintenance backlog grows.
In the most extreme scenario, in 2019, the poor operational
protocols at the project resulted in the BIA failing to divert
more than 80,000 acre-feet of our water to the reservation. To
put that in context, Mr. Chairman, that is only a little less
than the City of Hilo uses in an entire year. In other words,
better management would result in our existing infrastructure
lasting longer and being more efficient.
I am grateful that Congress has begun to focus on these
small changes. In 2019, Congress updated the WaterSMART program
so that it better aligns with tribal water rights. Since then,
we have received three grants to improve our irrigation
project. These grants will help conserve more than 3.2 billion
gallons of water in the coming years.
As this Committee knows, significant change only comes with
meaningful consultation. Fortunately, the water stakeholders in
the Colorado River Basin are catching on to the importance of
consulting with tribes. Under the Intra-Arizona agreement to
implement the Drought Contingency Plan, our tribe and the Gila
River Indian Community were able to provide Arizona water users
with a bridge water supply for the DCP. We were the ones that
brought solutions to the table.
The inverse is also true: when tribes are excluded, ill-
informed decisions follow. The Bureau of Reclamation's 2007
Interim Guidelines were based on an understanding of non-tribal
water, even though the tribes control 20 percent of the water
rights from the Colorado River. As a result, on-river tribes
have difficulty participating in programs established by the
Guidelines.
As prolonged drought and climate change continue to impact
our basin, it is my hope that this Committee will insist that
Secretary Haaland and her staff engage tribal leaders as they
rework these guidelines in the coming years.
Finally, I would be remiss not to mention the outstanding
financial needs to support water infrastructure in Indian
Country. The programmatic, annually appropriated funding for
this work is not sufficient to provide access to clean water
for all tribal nations. I know our new Senator, Mark Kelly, has
made this a priority in his short time there in D.C., and I am
grateful for his role in securing new funding for clean water
projects in the American Relief Plan.
I also want to put vast needs for water project funding
into context. If CRIT spent 100 percent of our funds from the
American Relief Plan, it would only pay for 49 percent of the
work needed on our irrigation project. And of course, there is
no way that we can do that. We need to spend that funding on
government services.
[Phrase in Native tongue.] I will conclude my remarks here.
I appreciate the Committee's attention to water infrastructure
and would be happy to answer any questions.
[The prepared statement of Ms. Flores follows:]
Prepared Statement of Hon. Amelia Flores, Chairwoman, Colorado River
Indian Tribes
Mr. Chairman, Madame Ranking Member, I want to begin by thanking
the Committee for this wonderful opportunity. It is an honor to be here
as the newly elected and the first Chairwoman of the Colorado River
Indian Tribes.
As you know, I am Amelia Flores, Chairwoman of the Colorado River
Indian Tribes. The Colorado River runs through our reservation in
Eastern California and Western Arizona.
The Colorado River is the cornerstone of our culture, the
foundation of our economy, and most fundamentally, essential to our
life in the Mohave Desert. That is why I am honored to share our
experiences and provide suggestions on how Congress and the
Administration may improve access to efficient water infrastructure for
tribes.
The first thing you need to know: Congress does not need to simply
throw money at the problem. Money helps of course. But it is not the
only thing holding tribes back from harnessing the full potential of
our water resources.
Congress and the Administration need to begin by examining the
legal and policy barriers that exist as a result of excluding Tribal
Governments from the decisionmaking processes.
We have dealt with a number of these barriers at CRIT in recent
years.
CRIT is fortunate to have a substantial water right. Our water
right was confirmed by the United States Supreme Court as a part of the
Arizona v. California litigation. That makes our water right among the
most secure in the western United States; but it also means it is among
the least flexible.
As a result of the Indian Non-Intercourse Act, tribal water--which
is a federal trust asset--cannot be leased without Congressional
authorization.
Congress has given that right to many tribes in the context of
water settlements. But those of us with decreed water rights, we still
can't lease our water.
We can lease our land for agriculture, for commercial or industrial
development. And we can lease land for resource use such as timber
harvesting or mineral, oil or gas extraction. But we cannot lease our
renewable water supply without Congressional approval.
A congressionally approved leasing program will provide needed
revenue for governmental programs and will incentivize tribesto use
water more efficiently. I know that our council would use water savings
to help sustain and expand our habitat preserve along the Colorado
River, and we would lease water to our neighbors who may soon be facing
water restrictions due to the drought. I am certain other tribes will
also find beneficial uses for their water that will provide economic
benefits as well.
CRIT also faces continuing challenges with the operation of the
Colorado River Irrigation Project (CRIP). This Project is owned by the
federal government and operated by the BIA. It exclusively serves
farmland on our reservation.
To say it mildly, the maintenance and operation of the Irrigation
Project on our reservation leaves much to be desired.
Routine maintenance often goes unfinished because the BIA lacks the
funds to complete the work. These are not funds appropriated by
Congress; these are funds paid by our farmers for the operation and
maintenance of the Project. We ask the BIA year after year to raise
these rates--essentially taxing ourselves--so that the maintenance work
can get done. We have only had minimal success--there is still more
than $75 million in deferred maintenance on this Project.
In the most extreme scenario, in 2019, the poor operational
protocols at the Project resulted in the BIA failing to divert more
than 80,000 acre-feet of our water to our reservation. To put that in
context, Mr. Chairman, that is only a little less than the City of Hilo
uses in an entire year. And Madame Vice Chair, that is about twice as
much as is used in Juneau in an entire year.
In other words, better management of these systems would result in
our existing infrastructure lasting longer and being more efficient.
I am grateful that Congress has begun to recognize that small
changes in policy can result in meaningful change for tribal
governments. In 2019, as a part of the John Dingell Conservation,
Management and Recreation Act, updates to the Bureau of Reclamation's
WaterSMART program finally took into account the unique nature of
tribal water rights. As a result, our tribe has received three grants
that help us improve water measurement and delivery and prevent
seepage. These grants will help conserve more than 3.2 billion gallons
of water in the coming years.
As this Committee knows, significant change only comes after
meaningful consultation. Fortunately, I believe that the water
stakeholders in the Colorado River Basin are catching on to the
importance of consulting with tribes.
The Intra-Arizona agreement to implement the Drought Contingency
Plan was an example of what happens when tribal governments are at the
table. Under that agreement, the State of Arizona has to dramatically
reduce its use of Colorado River water. The cuts are so dramatic that
without short term bridge supplies, many entities would have been
immediately put out of business.
Fortunately, our tribe and the Gila River Indian Community were
able to provide Arizona water users with a bridge supply for the DCP.
We were the ones that brought solutions to the table.
The inverse is also true: when tribes are excluded, ill-informed
decisions follow. Consider the Bureau of Reclamation's 2007 Interim
Guidelines that help govern the operations of the Colorado River.
The Guidelines were based on an understanding of non-tribal water
rights and water use. As a result, tribes, which control more than 20
percent of the total water rights from the Colorado River, have
difficulty participating in programs established by the 2007 Interim
Guidelines.
As prolonged drought and climate change continue to impact our
basin, tribes must be a part of the planning and program development
process. In the coming years, this new Administration will need to
negotiate new operational procedures to replace the 2007 Guidelines. It
is my hope that this Committee will insist that Secretary Haaland and
her staff engage tribal leaders at all stages of this work.
Finally, I would be remiss not to mention the outstanding financial
needs to support water infrastructure in Indian Country.
The programmatic, annually appropriated funding for this work has
not been sufficient to result in access to clean water for all tribal
nations. I know our new Senator, Mark Kelly, has made this a priority
in his short time here in D.C., and I am grateful for his role in
securing new funding for clean water projects in the American Relief
Plan.
I also want to put vast needs for water project funding into
context: if CRIT spent 100 percent of the funds we are likely to
receive from the ARP on a single water infrastructure project, it would
only cover 49 percent of the project cost. And of course, there is no
way that we can do that. We need to spend much of that funding to
support our government services, which have faltered over the last year
due to the pandemic.
The last program I want to mention is the IRRIGATE Fund, put
forward by former Chairman John Barrasso. This fund helps the BIA
address the extraordinary deferred maintenance needs on BIA irrigations
projects. I appreciate that you, Ranking Member Murkowski, and former
Chairman Tom Udall, provided funding for this program in the
Appropriations Committee. That needs to continue in the coming years.
I will conclude my remarks here. I appreciate the Committee's
attention to water infrastructure and would be happy to answer any
questions from Committee members now, or provide written responses for
the record in the days to come. Thank you again for this opportunity.
The Chairman. Thank you very much. And thank you for being
exactly five minutes.
I will now introduce the Honorable Raymond Tsumpti,
Chairman of the Tribal Council, Confederated Tribes of Warm
Springs, Oregon.
STATEMENT OF HON. RAYMOND TSUMPTI, CHAIRMAN, CONFEDERATED
TRIBES OF WARM SPRINGS
Mr. Tsumpti. Thank you. My name is Raymond Tsumpti, Sr. I
am currently Chairman, in my ninth term here.
Warm Springs is located in the central high desert of
Oregon. The Tribe provides water to approximately 4,500
residents here. We are experiencing difficulties in providing
water to our members. Aged water lines, antiquated pumps to get
water from our towers, I think they call that the pressure
relief valve failures.
All this leads to having the community boil water before
they use it. That is pretty frequent lately, within the last
two or three years.
We have three of four water delivery sites that require
some major upgrades or replacement, especially with the pumps.
We can't find parts for them.
It has been told here that to maintain these systems, it is
going run probably $5 million to $6 million to do that. And the
overall fixture is estimated to run anywhere from $40 million
to $50 million to do that.
My testimony does relate to high unemployment. That is the
reason we don't have taxpayers to invest in our system.
So all in all, that is the short of it. I know we are
running a little behind time here because of some technical
difficulties. I will be open for any questions.
[The prepared statement of Mr. Tsumpti follows:]
Prepared Statement of Hon. Raymond Tsumpti, Chairman, Confederated
Tribes of Warm Springs
Thank you for this opportunity to share the dire situation we are
experiencing on the Warm Springs Reservation in Oregon. My name is
Raymond Tsumpti and I serve as the Chairman of the Warm Springs Tribal
Council and have served on Council for seven of the eight last terms
since 1992.
The Warm Springs Reservation is the largest in Oregon at 640,000
acres. That's about 15 times larger than the District of Columbia. It
spans from snow-capped Cascade mountains to the salmon-bearing
Deschutes River--with forests and high desert between.
The Tribe provides water to approximately 4,500 people on
reservation. For years, we have dealt with harmful and expensive
obstacles in water storage, water delivery and water treatment. In
2019, the EPA issued an emergency order regarding our 40-year old water
treatment facility. Later that summer, a primary waterline broke. For
three months, residents were advised not to drink water from their taps
without boiling it first.
There are many federal programs to assist tribes. But they have not
individually or collectively been able to meet the magnitude of
infrastructure challenges on our reservation. Three of our four water
delivery systems require major upgrades or replacement. The Tribes are
facing a minimum cost of $5-6 million to simply maintain existing
systems at status quo. To provide for future improvements to meet the
growing population, the Tribes face a cost of $40-50 million for water
infrastructure.
Paying for the physical infrastructure is one problem. Maintaining
it over the long-term is another. Even if we replaced every foot of
water pipe and our treatment facility, we will be challenged to afford
repairs and maintenance into the future.
Most of our tribal population lives in an arid portion of Oregon's
high desert. The town of Warm Springs has the second highest incidence
of poverty in Oregon. The reservation is suffering from dramatically
high unemployment--which has exceeded 60 percent for many years. Our
forest products mill closed, our resort closed and other tribal
enterprises have been crippled by COVID. The pandemic has hit us hard
at Warm Springs.
After some patchwork repair on our water system, water system
failures returned in summer 2020 in the midst of COVID-19. Many of our
families are crowded into small dwelling units. We have places on the
reservation where people can't even wash their hands. The water
infrastructure is literally crumbling. Some of the pipes are made of
wood and clay. We regularly face ``low pressure'' or ``no water''
events that trigger boil-water notices.
With the extreme poverty on the reservation, we simply do not have
a ratepayer base to invest in water infrastructure. We have worked with
an array of federal and state agencies just to cobble together a
``band-aid'' approach to keeping clean water flowing in the near term.
We have worked with the Oregon congressional delegation to provide
new authorities to help tribes like Warm Springs. They have introduced
many bills, including Senator Wyden's ``Western Tribal Water
Infrastructure Act''--which has been referred to this Committee.
We know that Warm Springs is not alone facing these water
challenges. We also know there must be a better way for Tribes to seek
emergency assistance from the federal government to provide basic clean
water to our members. Likewise, many tribes will need help maintaining
and operating that infrastructure over time.
Again, thank you for holding today's hearing and jump-starting a
federal dialogue about the ongoing water emergency facing tribes like
Warm Springs all across the country.
The Chairman. Thank you very much, Mr. Chairman. We will do
our questions after all the testifiers have provided testimony.
The next is the Honorable Valerie Davidson, Interim
President of the Alaska Native Tribal Health Consortium.
STATEMENT OF HON. VALERIE NURR'ARAALUK DAVIDSON,
INTERIM PRESIDENT, ALASKA NATIVE TRIBAL HEALTH
CONSORTIUM
Ms. Davidson. Good morning, Mr. Chair, and thank you, Mr.
Chair and members of the Committee. My name is Valerie
Nurr'araaluk Davidson, and I serve as interim president of the
Alaska Native Tribal Health Consortium.
We are a statewide tribal health organization that serves
all 229 federally recognized tribes here in Alaska, and all
Alaska Native and American Indian people here. We also jointly
manage the Alaska Native medical center along with Southcentral
Foundation, which is the tertiary hospital that serves our
statewide needs.
I have to commend this Committee for holding this hearing,
so that we really have the opportunity to address the water
infrastructure needs for Native communities, so that they can
properly heard and really addressed in this 117th Congress.
My testimony today is going to focus on three aspects of
sanitation infrastructure in Native communities. The first, the
lack of sanitation infrastructure's impact on health; the
second, the overall unmet sanitation need; and third, the
impacts of climate change on that infrastructure. It will also
offer some recommendations of how Congress and this Committee
can help to address those issues.
The impact on health is really, really significant. We have
known that all along. But the pandemic has really highlighted
the longstanding inequities in available sanitation
infrastructure and serves in many of our Alaska Native
communities. We heard repeatedly during the pandemic that you
can prevent COVID-19 by washing your hands, by cleaning and
disinfecting surfaces and avoiding close contact with others.
Unfortunately, you can imagine how heartbreaking it is to
be in a rural community in Alaska where you don't have running
water, and you hear constantly that washing your hands and
disinfecting is really critical and to know that you, as a
parent or a person in that community can't do the most basic
thing to keep your family safe, simply because you don't have
running water.
Science also backs this up. The CDC did a study in August
2020 that showed that American Indian and Alaska Native people
were among the highest risk groups for COVID-19, with an
incidence rate that was 3.5 times than that of non-Hispanic
whites.
Here in the State of Alaska, the State data indicates that
Alaska Native and American Indian people are five times more
likely to be hospitalized due to COVID-19, and were
unfortunately four times more likely to die of COVID-19 than
the rest of the population in Alaska.
We already know that adequate water and sanitation
facilities help prevent skin and respiratory infections. In the
CDC study that was done in the region that I am from shows a
correlation between lower hospitalization rates for respiratory
and skin infections. What we found is that infants in
communities without adequate sanitation facilities are 11 times
more likely to be hospitalized for respiratory infections and
five times more likely to be hospitalized for skin infections.
It is really easy to get lost in those statistics, so let
me put it another way. We expect that one out of every three of
our infants every year in one of those communities will be
hospitalized simply because they don't have running water.
Since our average village size is only about 300 to 350 people,
that means that baby is going to be medevac'd to the nearest
hospital.
My youngest daughter contracted RSV, or respiratory
syncytial virus, when she was eight months old and she was
hospitalized for nine days. She now has a compromised
respiratory system. She has asthma, and she was hospitalized
eight additional times for pneumonia by the time she was seven
years old, which is unacceptable in our Country.
While improvements have been made over the last 40 years,
over 40 percent of our rural Alaska Native homes still lack
running water. And 32 of our almost 200 communities are still
unserved. Many communities typically have a washeteria
building. It is one building that combines water treatment,
laundromat, toilets and showers that the entire community uses.
What that means from a practical perspective is that those
communities haul their water from the washeteria in a five-
gallon clean bucket, and we haul our raw sewage from our home
in a different five-gallon bucket. Unfortunately, some of our
communities continue to be unserved simply because of the high
construction costs.
So what we are recommending is that we can do several
things. The latest IHS sanitation deficiency system showed that
we have an unidentified need, a need of $3.3 billion in
sanitation construction needs nationwide. But almost $2 billion
of that need is just in Alaska.
So we know that we desperately need at least $1 billion in
any future infrastructure bill for a sanitation facilities
construction program. We should prioritize sanitation for these
communities that are in the greatest need of sanitation
facilities, those who have not yet been served. The IHS cost
caps need to be waived for that new funding, so that unserved
communities can access that sanitation funding.
Then finally, we need to make sure that we can do what we
can to preserve the infrastructure that already exists in our
Native communities.
I believe, Mr. Chair, that I may be over time, so I will
stop there and be available for additional questions.
Thank you.
[The prepared statement of Ms. Davidson follows:]
Prepared Statement of Hon. Valerie Nurr'araaluk Davidson, Interim
President, Alaska Native Tribal Health Consortium
My name is Valerie Nurr'araaluk Davidson. I serve as the Interim
President of the Alaska Native Tribal Health Consortium (ANTHC), a
statewide tribal health organization that serves all 229 tribes and all
Alaska Native and American Indian people in Alaska. ANTHC and
Southcentral Foundation co-manage the Alaska Native Medical Center, the
tertiary care hospital for all Alaska Native and American Indian people
in the state.
I commend this Committee for holding this hearing, so that the
water infrastructure needs for Native communities can be properly heard
and addressed in this 117th Congress.
My testimony will focus on three aspects of sanitation
infrastructure in Native communities: (1) the impact that lack of
sanitation infrastructure has on health; (2) the overall unmet
sanitation need; and (3) the impacts of climate change. Additional
supporting documents, referred to in my testimony, are attached for
reference.
Impact on Health
The lack of available sanitation infrastructure and services in
many Alaska Native communities has long been lacking. The pandemic has
highlighted these inequities.
Adequate sanitation infrastructure has never been more critical
than it is now. As we've heard constantly, during this pandemic, COVID-
19 can be prevented by hand washing, avoiding close contact with
others, and cleaning/disinfecting surfaces. The lack of water service
in many rural Alaska villages creates extreme challenges in practicing
two of these three basic prevention techniques, and overcrowded housing
in these communities makes the third prevention technique--avoiding
close contact--equally challenging.
An August 2020 Centers for Disease Control and Prevention (CDC)
study (see attachment #1) * showed that Alaska Natives and American
Indians were among the highest risk groups for COVID-19 with an
incidence rate that is 3.5-times greater than that of non-Hispanic
whites. Further, additional State of Alaska data indicate that Alaska
Native and American Indian people are 5-times as likely to be
hospitalized due to COVID-19 and have a mortality rate nearly 4-times
that of the white population in Alaska.
---------------------------------------------------------------------------
* The information referred to has been retained in the Committee
files.
---------------------------------------------------------------------------
The importance of adequate water and sewer to prevent skin and
respiratory infections is very clear. A 2008 CDC study (see attachment
#2) * found that ``the hospitalization rates in rural Alaska showed a
typical dose-response group relation in which lower rates were related
to progressively higher levels of in-home water service.'' Showing that
the more sanitation services that are available in Native communities,
the lower hospitalizations are likely to be for respiratory and skin
infections.
The study also found that infants in low-water service rural Alaska
villages were 5-times more likely to be hospitalized for lower
respiratory tract infections and 11-times more likely to be
hospitalized for pneumonia compared to the general U.S. population.
Many of these children are likely to have ongoing health problems due
to these infections.
It's easy to get lost in these statistics, so let me put it another
way: we expect that one out of every 3 infants will be hospitalized
every year, due to lack of running water. Our average village size is
300-350 people, so that means that baby must be medevaced to the
nearest hospital.
My youngest daughter contracted respiratory syncytial virus (RSV)
when she was 8-months-old and was hospitalized for 9 days. She now has
a compromised respiratory system, has asthma and was hospitalized 8
additional times for pneumonia by the time she was 7-years-old.
Sanitation Infrastructure Needs
Dramatic improvements have been made to the sanitation
infrastructure of rural Alaska over the past 40 years, but roughly 20
percent of rural Alaska Native homes still lack in-home piped water.
Thirty-two of the 190 rural Alaska Native communities are still
unserved, lacking access to in-home water and sewer. These communities
typically have a washeteria building (a combination water treatment
plant, laundromat, with toilets and showers) that the entire community
uses. Most of these communities haul their water from the washeteria to
their home in a 5-gallon bucket, and haul their sewage from their home
in a different 5-gallon bucket.
Many communities are unserved due to the high construction costs.
The Indian Health Service (IHS) has established cost caps per home
that, when approached, both decreases the priority of the project in
the scoring system and limits the amount of project funding available,
effectively limiting the community from accessing in-home water and
sanitation services. We recommend that the IHS eliminate cost caps for
projects that would provide piped water and sewer for these unserved
communities. Otherwise, these communities may never be served.
The COVID-19 pandemic highlights the need for community wide
response and protection. The current IHS guidelines require
contributions for projects that serve any non-Native households or
other public buildings, such as a school. Without contributions, even
communities with almost 100 percent Native populations could have
essential infrastructure projects needlessly delayed or cancelled if a
pro rata contribution cannot be made. This is contrary to the
objectives of the program and will be a major barrier to serving these
communities should funding become available through the IHS.
Once built, sustainable operation of rural water and sewer systems
is critical to fully provide the public health benefit to the
community. On a positive note, for the first time IHS has been provided
funding specifically for technical assistance, training and guidance
for sanitation operators and families. The $3 million provided in the
FY2021 appropriation will be very helpful in establishing culturally
relevant training of operators and users of sanitation systems, but as
this funding is distributed nationwide, it is likely additional funding
will be needed.
The latest IHS Sanitation Deficiency System data identifies a need
of nearly $3 billion for sanitation construction projects in Indian
Country, with $1.8 billion of that need in Alaska. Despite this need,
the IHS sanitation facilities construction appropriation for fiscal
year 2021 was only $196.6 million. IHS sanitation facilities
construction funding needs to be greatly increased to address the
inadequate sanitation infrastructure in Alaska Native and American
Indian communities.
The expected upcoming infrastructure bill may be a once-in-a-
generation opportunity to address the sanitation infrastructure needs
in Indian Country. Fully funding the entire IHS sanitation need in the
infrastructure bill is not an unreasonable ask given the importance of
sanitation infrastructure in combating the current pandemic.
Impacts of Climate Change on Sanitation Infrastructure
Throughout Alaska, environmental threats such as flooding, erosion,
and permafrost thaw pose an imminent risk to tribal infrastructure,
including homes, schools, clinics, and sanitation facilities. For
example, in May of 2020, a family had to abandon their home in
Chefornak, Alaska because thawing permafrost created a large pit
beneath the structure, forcing the family to move in with relatives,
resulting in 16 people sharing two small homes--without running water
or flush toilets--all of this during the COVID-19 pandemic. In
Shishmaref, Alaska, a November 2020 storm eroded between 30 to 80 feet
of land along approximately 5,000 feet of coastline, causing $6.5
million of damage to the only access road to the community landfill.
These are just two of many similar, and increasing, impacts.
Despite the dire need, most federal programs and policies relevant
to climate change adaptation inadvertently disadvantage Alaska's small
tribal communities. Adequate funding to prevent the destruction of
infrastructure is simply not accessible to these small and impoverished
communities.
Statewide, approximately $4.3 billion will be required to
proactively mitigate damage to existing infrastructure in 144
environmentally threatened Alaska communities over the coming decades.
An $80 million annual funding gap exists over the next 10 years to
mitigate acute infrastructure threats and to avoid a more expensive
disaster response. We recommend that Congress increase support to the
two federal programs proven to be most effective in supporting tribal
communities in Alaska with climate change adaptation: (1) the Denali
Commission Village Infrastructure Protection Program has been the
single most effective financial mechanism for supporting
environmentally threatened communities in Alaska. Support for the
Denali Commission should be increased to support protect-in-place,
managed retreat, and community-led relocation projects; and (2) the BIA
Tribal Climate Resilience Program is currently the only national grant
program readily accessible to our tribes for climate adaptation and
resiliency planning (see attachment #3). * The funding for this program
should be significantly increased to adequately address the needs.
---------------------------------------------------------------------------
* The information referred to has been retained in the Committee
files.
---------------------------------------------------------------------------
Conclusion
It is clear that health equity in our Native communities can never
be achieved without adequate sanitation facilities and access to basic
water and sanitation services. To address this, I urge support for the
inclusion of at least $1 billion in any future infrastructure bill for
the IHS Sanitation Facilities Construction program, and that such
funding be prioritized to tribal communities that are in the greatest
need of sanitation services. Additionally, IHS cost caps need to be
waived for this new funding so that unserved communities can access the
sanitation funding. Further, increased support for programs to mitigate
the impacts of climate change in Native communities is crucial to
addressing infrastructure in Native communities.
Thank you for the opportunity to provide testimony.
The Chairman. Thank you very much.
Now we have Mr. Jason John, Director of the Navajo
Department of Water Resources, from the Navajo Nation.
STATEMENT OF JASON JOHN, DIRECTOR, NAVAJO DEPARTMENT OF WATER
RESOURCES, NAVAJO NATION
Mr. John. [Greeting in Native tongue.] Chairman and
Committee members, thank you for this opportunity to discuss
water infrastructure needs for the Navajo Nation. I am Jason
John, Director of the Navajo Nation Department of Water
Resources.
The Department is delegated with many responsibilities to
assist and coordinate water resource development on the Navajo
Nation. This includes working with appropriate Federal programs
across Arizona, New Mexico, and Utah. While today's discussion
will focus on the Navajo Nation's domestic and municipal water
development needs, I have also shared information on
agricultural, livestock, and environmental water needs.
The Navajo Nation is committed to improving the standard of
living on the reservation. Access to land, water, and
electricity are critical to a better quality of life. Water
development is one of our highest priorities, as exemplified by
the Navajo Nation investing over $200 million of its own funds
over the last several years. The collective goal should be to
provide the necessary infrastructure so that thousands of
families can live a better life.
In 2020, the Navajo Nation estimated almost $4 billion in
water-related development needs. A majority of the funding,
over $2.4 billion, is for critically needed domestic and
municipal projects.
The need for water for a better quality of life is
connected to the critical need for additional housing and
electricity. About 19,000 homes on the Navajo Nation have
relatives and family living in them who could have separate
housing if housing were available and affordable.
Furthermore, due to the low income of many families, many
existing homes lack the necessary plumbing for water,
wastewater, and wiring for electricity which leads to a delay
in providing critical water services once funding is available.
Additional funding and program support are needed to construct
additional homes and upgrade existing homes to receive water
and electricity.
There is a need to obtain better information about the
ongoing water-related sanitation deficiencies in the Navajo
Nation. The Navajo Nation estimates a high percentage, 30
percent to 40 percent of homes without access to water. The
Indian Health Service currently has staff shortages that hinder
obtaining updated information quickly for the needed surveys.
water and wastewater facilities on the Navajo Nation. The IHS
currently has staff shortages that hinder obtaining updated
information quickly for the needed surveys. Additional
resources are needed to acquire updated information for the
ongoing water-related sanitation deficiencies in the Navajo
Nation.
There are challenges at every phase of water development in
the Navajo Nation. There is a Federal nexus at almost every
stage of domestic water development. There needs to be a review
of and improvements to the current staffing levels, funding,
and policies imposed upon programs that assist in the pre-
construction and construction activities for water related
projects.
Federal agencies with the expertise may need to dedicate
resources to assist existing programs to efficiently review and
permit infrastructure projects to expend funds allocated
through the CARES Act and the American Rescue Plan. Tribal
programs involved in the review and permitting of water
infrastructure need additional funding, staffing, and adequate
workspace to assist water development efficiently.
Federal programs can assist the Navajo Nation with capacity
building. This is especially important now with both the CARES
Act and American Rescue Plan funding.
There is insufficient funding for domestic water
infrastructure. There is more than half a billion dollars in
current need for domestic water projects on the Navajo Nation.
While the Indian Health Service has done good work to provide
water with their limited funding and staffing, the needs far
exceed what the program can accomplish without additional
staffing and project funding. Adequate funding needs to be
provided to get projects shovel ready so that more projects can
be built in less time when funding becomes available.
The longer-term goal for the Navajo Nation is to provide
water for population growth and economic development. The
Navajo Nation has been working on analyzing the existing water
systems to determine their short-term, mid-term, and long-term
capital improvement plans to provide water for future
population growth and economic development.
In some cases, groundwater has to be imported from
neighboring communities or reliable surface water supplies such
as the San Juan River. The need to import water results in
additional time and cost to build water projects.
The Navajo Nation's long-term strategy includes additional
access and use of the Colorado River supplies due to limited
groundwater resources in many regions. The Navajo Nation
participated in the Colorado River Basin Study through the
Colorado River Basin Ten Tribes Partnership Tribal Water Study.
Chapter 7 of that report described the challenges and
opportunities to tribal water development.
Some of the potential actions from the study that I wanted
to emphasize are as follows.
Prioritize the identification of legal and regulatory
constraints to full use of tribal water. Repair, rehabilitate,
or improve aging infrastructure. Work with BIA to develop
programmatic right-of-way agreements to simplify obtaining
rights-of-way for domestic, commercial, municipal, and
industrial projects. Advocate for tribal waivers of the
requirement for matching funds in Federal water-related funding
programs. Conduct more detailed and comprehensive assessments
of tribal water infrastructure demands to inform funding
agencies better and promote increased funding through the
Federal budget process.
There are far too many projects to discuss in detail today,
but I invite members of this Committee to follow up with me
about specific programs or projects. Overcoming the legacy of
neglect and infrastructure deficits on the Navajo Nation will
require an aggressive water development program.
I look forward to working with you. [Phrase in Native
tongue.] Thank you.
[The prepared statement of Mr. John follows:]
Prepared Statement of Jason John, Director, Navajo Department of Water
Resources, Navajo Nation
Introduction
Chairman Schatz and Committee members, thank you for this
opportunity to discuss water infrastructure needs for the Navajo
Nation. I am Jason John, Director of the Navajo Nation Department of
Water Resources. I have worked for the Navajo Nation for 20 years. The
Navajo Department of Water Resources (NDWR) is delegated with many of
the responsibilities to assist and coordinate water resources
development on the Navajo Nation across the over 27,000 square miles.
The assistance and coordination includes working with appropriate
Navajo Nation, local, state, and federal programs across Arizona, New
Mexico, and Utah. While today's discussion will focus on the Navajo
Nation's domestic and municipal water development needs, I have also
shared information on agricultural, livestock, and environmental water
needs.
Goal
The Navajo Nation is committed to improving the standard of living
on the reservation. Access to land, water, and electricity for
families, government programs, public institutions, and businesses are
critical to a better quality of life. Recognizing that water is
integral to human health and economic development, the Navajo Nation
has placed water development as one of its highest needs. It is also
one of its highest priorities, as exemplified by the Navajo Nation
investing over $200 million of its funds over the last several years.
The collective should be to provide the necessary infrastructure so
that thousands of families can live a better life.
Need
In 2020, the Navajo Nation estimated almost $4 billion in water-
related development needs, as shown in Table 1. A majority of the
funding, over $2.4 billion, is for critically needed domestic and
municipal projects (bolded in Table 1).
Table 1. Navajo Nation Water Development Needs
------------------------------------------------------------------------
Category Total
------------------------------------------------------------------------
Large Regional Municipal Water Supply $ 632,000,000
Projects
Local Domestic and Municipal Water $ 1,806,057,000
Infrastructure
Livestock and Agriculture $ 682,410,000
Service to Water Haulers $ 8,000,000
Completion of Navajo Indian Irrigation $ 760,000,000
Project
Address Water Storage Facilities $ 47,500,000
Drought Response and Mitigation $ 10,000,000
Floodplain delineations and management $ 10,000,000
Watershed Restoration Demonstration $ 8,308,000
Projects
Navajo Nation Total: $ 3,964,275,000
------------------------------------------------------------------------
Note: Table does not include funds needed for housing and electricity
needs.
Connection to Housing and Electricity Needs
The need for water for a better quality of life is connected to the
critical need for additional housing and electricity. The 2010 census
depicted approximately 40 percent of the 50,000 households across the
Navajo Nation were multi-generational homes. About 19,000 homes on the
Navajo Nation have relatives/family living in them who could have
separate housing if housing were available and affordable. Furthermore,
due to the low income of many families, many existing homes lack the
necessary plumbing for water/wastewater and wiring for electricity
which leads to a delay in providing critical water services once
funding is available.
Additional funding and program support are needed to
construct additional homes and upgrade existing homes to
receive water and electricity.
Data for Domestic Water Needs
There is a need to obtain better information about the ongoing
water-related sanitation deficiencies in the Navajo Nation. The Navajo
Nation estimates a high percentage (30 percent to 40 percent) of homes
without access to water. The Indian Health Service (IHS) is the only
agency with data specific to this need and estimates a lower
percentage. Under the provisions of the Indian Health Care Improvement
Act, Sections 1632(g)(2) and (3), the IHS conducts an annual review of
all the sanitation deficiencies (water, sewer, solid waste) on the
Navajo Nation in their Sanitation Deficiency System (SDS) database. In
2020, IHS estimated that between 7,000 to 7,500 homes lacked adequate
water and wastewater facilities on the Navajo Nation. The IHS currently
has staff shortages that hinder obtaining updated information quickly
for the needed surveys. During the COVID-19 pandemic, the U.S. Public
Health Service Commissioned Corps, in coordination with IHS, was able
to facilitate technical staff from other agencies to assist in
acquiring updated information on homes identified for cistern water
systems.
Additional resources are needed to acquire updated
information for the ongoing water-related sanitation
deficiencies in the Navajo Nation.
Development Challenges
There are challenges at every phase of water development in the
Navajo Nation. There is a federal nexus at almost every stage of
domestic water development. The speed at which waterlines can be built
to serve homes directly depends on the staffing levels and funding
levels of federal and tribal programs involved in the planning, design,
surveys, environmental permitting, cultural resource reviews, design
reviews, and construction management.
There needs to be a review of and improvements to the
current staffing levels, funding, and policies imposed upon
programs that assist in the pre-construction and construction
activities for water-related projects.
Federal agencies with the expertise may need to dedicate
resources to assist existing programs to efficiently review and
permit infrastructure projects to expend funds allocated
through CARES Act and the American Rescue Plan.
Tribal programs involved in the review and permitting of
water infrastructure need additional funding, staffing, and
adequate workspace to assist water development efficiently.
Federal programs can assist the Navajo Nation with capacity
building; this is especially important now with both the CARES
Act and American Rescue Plan funding was and is to be
distributed directly to tribal nations, respectively.
Domestic Water Development
There is insufficient funding for domestic water infrastructure.
IHS is the primary federal program constructing domestic water lines.
According to IHS, there is more than a half-billion dollars in the
current need for domestic water projects on the Navajo Nation. While
the IHS has done good work to provide water with their limited funding
and staffing, the needs far exceed what this program can accomplish
without additional staffing and project funding.
Adequate funding needs to be provided to get projects
``shovel ready'' so that more projects can be built in less
time when funding becomes available.
Municipal Water Development
The longer-term goal for the Navajo Nation is to provide water for
population growth and economic development. , the domestic water
program funding through the Indian Health Service authorized through
P.L. 86-121 has limitations that do not allow sizing for long-term
economic growth.
The Navajo Nation has been working on analyzing the existing water
systems to determine their short-term (5-10 years), mid-term (20
years), and long-term (40 years) capital improvement plans to provide
water for future population growth and economic development.
When analyzing many of the plans over the years, it became apparent
that some communities do not have the local water supply to meet
existing and future needs. In some cases, groundwater has to be
imported from neighboring communities or reliable surface water
supplies such as the San Juan River. The need to import water results
in additional time and cost to build water projects. The Navajo
Nation's long-term strategy includes additional access and use of
Colorado River supplies due to limited groundwater resources in many
regions.
The Navajo Nation participated in the ``Colorado River Basin Study
through the Colorado River Basin Ten Tribes Partnership Tribal Water
Study (2018)''. The report can be found at:
WaterStudy.pdf(tentribespartnership.org). Chapter 7 of that report
described the challenges and opportunities to tribal water development.
Some of the potential actions from the study that I wanted to emphasize
are as follows:
Work with federal and state agencies to prioritize the
identification of legal and regulatory constraints to full use
of tribal water, and to design ways to overcome constraints,
and to broaden opportunities that enable Partnership Tribes to
put their water to full beneficial and economic use
Address statutory and regulatory prohibitions to interstate
water management and use
Develop and draft proposed policy changes addressing legal
and regulatory constraints, as well as proposed legislation
that allows for water management flexibility for Partnership
Tribes
Explore opportunities for federal agencies and Partnership
Tribes to work together to develop the expertise, funding and/
or resources for comprehensive water management planning and
implementation
Repair, rehabilitate, or improve aging infrastructure
Construct/improve storage facilities to permit or enhance
tribal access to storage
Draft and propose appropriate legislation to authorize the
interstate use of a tribe's reserved water rights
Work with BIA to develop programmatic right-of-way
agreements to simplify obtaining rights-of-way for domestic,
commercial, municipal, and industrial projects
Advocate for tribal waivers of the requirement for matching
funds in federal water-related funding programs
Create and improve relations with the adjacent communities
and establish a forum for bringing tribal and other communities
together to discuss issues of mutual concern
Conduct more detailed and comprehensive assessments of
tribal water infrastructure demands to inform funding agencies
better and promote increased funding through the federal budget
process
Broaden the access to federal expertise to finance water
infrastructure through specialized programs within the
Department of Interior and within the Environmental Protection
Agency
Many of the current federal programs cannot fully fund the planning
and design of the regional water projects needed to provide the
required water for long-term water use. The Navajo Nation, at times, is
also penalized for being a large reservation when analyzing tribal
finances concerning individual projects that serve small areas of the
reservation. Nonetheless, the Navajo Nation continues to work with
federal programs and other funding opportunities to meet its ongoing
needs. We also appreciate dedicated federal agency staff who work
closely with the Navajo Nation to provide technical assistance to meet
the current and future water development needs.
Agriculture Needs
In 1986, the Soil Conservation Service (SCS) conducted an inventory
of irrigation projects across the Navajo Nation. The SCS investigated
83 irrigation projects to determine existing conditions, consolidate
resource data, and prioritize possible rehabilitation projects (SCS,
1986; Figure 2). During the 1980s, these small irrigation projects
could irrigate approximately 55,000 acres of land (SCS, 1986). Due to
insufficient staffing for management and funding for the operation,
maintenance, and replacement, many of these systems have deteriorated
and need funding. While most historic irrigation projects are not
actively monitored, there are existing efforts to improve several
irrigation systems, including the Fruitland, Hogback, Many Farms, and
Wheatfield projects. The cost to conduct studies and repair some of the
small irrigation projects is included in Table 1. The highest cost for
agriculture in Table 1 is a proposed Lake Powell to Shonto raw water
delivery project for irrigation at the cost of over $600 million.
The Navajo Nation continues to advocate for the completion of the
Navajo Indian Irrigation Project (NIIP). Approximately 70,000 acres of
the planned 110,000 acres are developed. Blocks 9, 10, and 11 contain
the remaining undeveloped acreage. The most recent estimated cost to
complete NIIP is included in Table 1.
Consultation is needed with the Bureau of Indian Affairs,
U.S. Department of Agriculture, U.S. Bureau of Reclamation to
begin discussions about rehabilitating and improving the small
irrigation projects on the Navajo Nation.
A plan is needed from the United States in consultation with
the Navajo Nation and the Navajo Agricultural Products Industry
to complete the construction of the Navajo Indian Irrigation
Project,
Livestock Water and Infrastructure Needs
The Navajo People take pride in their care of livestock as a way of
life and to provide food and income for their families. The Navajo
Nation Department of Agriculture estimates that livestock on the Navajo
Nation requires approximately 1 to 2 million gallons per day or 1,000
to 2,000 acre-feet of water per year. The water for livestock comes
primarily from surface water impoundments and livestock wells (Figure
15). NDWR maintains approximately 900 livestock wells throughout the
Navajo Nation. There are over 4,000 stock ponds in the Navajo Nation,
and a majority need sediment removal and rehabilitation. The cost to
repair and provide additional water sources is included in Table 1.
There is a need for technical assistance to conduct an
overall assessment of the livestock water infrastructure needs
and to develop a plan to fund, operate and maintain these
systems.
Environmental
The reservoirs on the Navajo Nation provide storage for irrigation
water, livestock, wildlife, and recreation. There are more than 20
significant surface water reservoirs with a surface area greater than
200 acres. These reservoirs are either included in the NDWR Safety of
Dams Program and/or are stocked with fish by the Navajo Department of
Fish & Wildlife. The lakes and reservoirs have a combined storage
capacity greater than 80,000 AF. Over $47 million of water storage
project needs are included in Table 1.
In addition, the Navajo Nation has been an active participant in
the San Juan River Recovery Implementation Program (SJRIP) through the
U.S. Fish & Wildlife Service and the Recommendations for San Juan River
Operations through the U.S. Bureau of Reclamation to mitigate impacts
to water users and the environment. We ask for continued support for
these programs.
There is a need for continued support to monitor and
rehabilitate the existing reservoirs and plan, design, and
construct new reservoirs.
Continued support of the San Juan River Recovery
Implementation Program and the Recommendations for San Juan
River Operations is critical for the continued balanced use of
water in the San Juan River.
Conclusion
There are far too many projects to discuss in detail today, but I
invite members of this Committee to follow up with me about specific
programs or projects. Overcoming the legacy of neglect and
infrastructure deficits on the Navajo Nation will require an aggressive
water development program. I look forward to working with you. Thank
you.
The Chairman. Thank you to all the testifiers.
Now we turn to Vice Chair Murkowski.
Senator Murkowski. Thank you, Mr. Chairman. Thank you, each
of you, for your contributions here. It is clear that the need
is out there across Indian Country, certainly in our State, as
Valerie Davidson has outlined. This is not an issue of
addressing outdated or inadequate infrastructure, it is the
lack of any infrastructure whatsoever. Roughly 20 percent of
rural Alaska Native homes still lack in-home pipe water.
Thirty-two of the 190 rural Alaska communities are still
unserved.
Again, as you have outlined, the health impacts that come,
whether at the time of a pandemic, as we are currently, or when
things are at a time when I think we accepted as somewhat
normal.
But what is not normal is the fact that you have these
health incidences that you have outlined, the high-risk rate
for not only COVID, but as you have indicated, respiratory
illnesses that have impacted you and our family personally. One
out of every three infants hospitalized every year, and again,
you think about those ongoing health care costs as each of
these children progress through life. So the need is clear.
Ms. Davidson, I would like to direct my first questions to
you. You have mentioned the high costs in Alaska. We understand
that that comes with difficult geography and small populations.
But you mentioned in your testimony this issue of the IHS cost
caps needing to be waived for funding so that underserved
communities can meet these sanitation needs.
You have also in your written testimony pointed out that
oftentimes you will have water and sewer systems that are
built, but that it is difficult to sustain them from an
operation perspective because we haven't had the requisite
training and guidance for sanitation operators.
If you could speak to some of the challenges that we face
on the issue of the cost side, some of the other barriers that
we might be able to address that could help facilitate greater
buildout, then on the affordability. I have been to more than
my share of communities that had anxiously awaited the buildout
of water and sanitation systems in their community.
Then when they are finally constructed, after years of
effort and many, many Federal dollars, the cost to hook up to
the systems is almost prohibitive to the individuals. So you
have a flush toilet sitting in your house, but you can't afford
the services.
So if you could please address the issue of cost, just a
little bit more directly to the Alaska specifics.
Ms. Davidson. Thank you for the question, Madam Vice
Chairman. I just wanted to take a moment to extend our
appreciation in Alaska for your incredible leadership in
bringing running water to our communities, which is making a
huge difference.
What we are recommending is that the IHS cost caps really
should be removed for first-service homes, which are still
hauling their water in five-gallon buckets and disposing of
their sewer in honey buckets, which by the way have nothing to
do with honey. We know that just the incredible cost that is
required, we have multiple competing demands for limited
funding to construct new community-wide systems. Second, to
upgrade old systems, which were mentioned at the beginning of
the hearing, which are really at the end of their useful life.
The third priority is to really protect existing infrastructure
from erosion, flooding, permafrost, et cetera.
We also know that in Alaska, while we are different, we
often talk about the fact that we are different, Alaska Native
people want what every other family wants. We want our children
to be healthy, we want them to be happy, we want them to be
well educated and we want them to life in safe communities.
In order to accomplish those things, we have to do things
differently. Here is an example. The limited funding issue is
really compounded by the high cost of infrastructure due to our
short construction season, where all materials need to be
barged in. If you don't have your barge order in by February,
you are not going to make that first May barge. Then the river
freezes and the barge doesn't come. So all those transportation
costs also create additional expense.
The construction of new piped community water and sewer
systems is more than just putting in pipes. You need the entire
supporting infrastructure that needs to be developed. So it is
the water source, it is treatment and storage, it is main lines
and services, it is indoor plumbing, it is wastewater treatment
and disposal.
So we really need a significant Federal investment of
funding to be able to fully fund these services while also
upgrading and protecting the infrastructure that is already in
place.
One other thing is that the current IHS guidelines really
require contributions for projects that serve any non-Native
households or any public buildings, like a school. Without
those contributions, even communities with almost 100 percent
Native populations could have essential infrastructure projects
really needlessly delayed or canceled if a pro-rata
contribution can't be made, which is really contrary to the
objectives of the program and would really be a major barrier
in serving communities should funding become available to the
IHS.
So unfortunately, what we have is rules in place that while
may make sense in what my mother still calls the United States
of America, they don't make sense in rural and remote
communities like Alaska.
The other piece is that we also need to make sure that we
have adequate resources to be able to maintain and sustain
those operations. Because once you get that facility built,
when it is 20 below or 40 below or 60 below, if you don't have
the capacity to heat that water and make sure that those
facilities don't freeze and the pipes don't freeze, you
basically have lost your investment in that infrastructure.
So with that, I think I will say that is probably enough
for now, it is a mouthful.
Senator Murkowski. Thank you for that, and I think to your
last point there about what happens when it gets cold, that is
what I outlined in that article from the Anchorage Daily News,
about what we are seeing in our smaller communities, that
ongoing impact to them and their families not having access to
water during the winter and during the pandemic.
Mr. Chairman, at some point in time, I would love to visit
with you and other members of the Committee about a field trip
in Alaska. We are doing some pioneering with some smaller
systems, self-contained systems that ANTHC has been leading on
with some in the environmental community to really address some
of what Ms. Davidson has outlined. I think as we look to the
challenges in other parts of the Country that have similar
need, maybe some of the innovation that we are seeing up north
can be replicated. I look forward to that.
Thank you, Mr. Chairman.
The Chairman. Thank you very much. I look forward to that
conversation. We were just having a conversation on Monday with
our staff about looking at some of this distributed technology
for wastewater disposal in the home. There is certainly going
to be a need for centralized infrastructure spending.
It may be that in certain rural communities that just
providing a subsidy for something that works for an individual
household may be a cheaper and more sustainable solution than
what we are currently doing. All of this is to be considered in
the context of consultation. But it is certainly worth
pursuing, so thank you for that.
Senator Cortez Masto?
STATEMENT OF HON. CATHERINE CORTEZ MASTO,
U.S. SENATOR FROM NEVADA
Senator Cortez Masto. Thank you, Mr. Chairman, and Ranking
Member, thank you to the panelists. This is such an important
conversation, and please include me, Ranking Member Murkowski,
I would love to visit your State and take a look at the
incredible work that is being done there.
Let me just say, I am from Nevada, and our tribal
communities also are struggling with maintaining our aging
water systems. I know that the Walker River Paiute Tribe in
northern Nevada is one such community that I know would benefit
from much-needed improvements.
Let me ask the panelists, are there certain things that we
should be thinking about to support those communities in making
the local water systems more sustainable and reliable? I have
heard a conversation about money that needs to come in for
upgrades, to protect the current infrastructure, to address the
cost caps waivers. But when we are talking about sustainability
and reliability of our water infrastructure, what else should
we be thinking about as we work with tribes across the Country?
Let me just open it up to the panelists, and maybe starting
with Mr. John.
Mr. John. Thank you for the question.
We think it is really important for tribes to also develop
economically. Most of the water systems on our reservation were
built by the IHS with little to no capacity to economic
development. If we are to be able to afford the delivery of
water, we need businesses, commercial businesses, to become
part of the plan. It is really hard to build businesses on the
Navajo Nation with the lack of infrastructure.
So I think building the economy is critical to the
affordability of water in the future. Thank you.
Senator Cortez Masto. Thank you. Mr. John, let me just say,
that is a great segue into a piece of legislation that I am
going to be introducing to work with our tribes. I have been
working with our tribes in the State of Nevada. Can you talk
about that development of our tribal communities that are
challenged with that ability? I know just in the State of
Nevada, to develop an revenue base and utilize existing land
and resources they have to develop their economy, there is more
we can do at a central level to incentivize it to help them
develop that. So I appreciate your comments.
To the other panelists, I am curious on what we can do to
make our local water systems more sustainable and reliable.
Ms. Davidson. This is Val Davidson from Alaska. I spoke a
lot about developing the infrastructure. One of the things that
helps us to sustain over the long term and make those systems
more efficient is also making sure that we provide technical
assistance training and guidance for operators who live in
those communities who are really maintaining those systems
every day. In our communities, those are our local people,
those are our relatives, those are our friends and those are
our neighbors.
When you can have a malfunctioning heater or water pump in
a nice, warm community where it is like 30 degrees, in a
community like ours, when it is 20 below, it can really freeze
up the whole system within two hours. So one of the things we
really appreciate is that the IHS did put in some funding to be
able to support the training of the maintenance workers, of the
people who actually live in those communities who know those
systems, who work with those folks to make sure that as those
systems are being built that they also know the ins and outs of
that systems. So if something does go wrong, that person is
able to jump in and troubleshoot and, I might be dating myself,
but they can get in there and kind of MacGyver things to be
able to make that system work until a more long-term solution
can be reached.
Senator Cortez Masto. Thank you.
Let me add, my time is almost up, but thank you to the
panelists. This is such an important conversation for us to
have. I am hopeful the Committee will be able to work with our
tribal communities across this Country to really address this
challenge that we see. It is horrific that in this day and age
we have individual communities that don't have either water or
sewer infrastructure that accommodates their community members.
We have to do more. We have a responsibility at the Federal
level.
So I appreciate this conversation. Thank you.
The Chairman. Thank you very much.
For the record, on a bipartisan basis, the staff and
members are aware of MacGyver.
[Laughter.]
The Chairman. My first question is for each member of the
panel. This is a simple yes or no for the record. This is an
important marker.
In your opinion, does the Federal trust responsibility
include providing universal access to adequate water and
wastewater services? I will start with Mr. Tsumpti.
Mr. Tsumpti. I would say no.
The Chairman. Thank you very much. Ms. Flores?
Ms. Flores. Yes.
The Chairman. Ms. Davidson?
Ms. Davidson. Yes, the trust responsibility extends to
providing sanitation facilities.
The Chairman. Thank you. Mr. John?
Mr. John. Yes.
The Chairman. Thank you.
I just want to follow up with Mr. John. The IHS will not
fund sanitation facility construction projects that it
determines to be not feasible, often because these projects are
in remote areas and only serve a small number of people. In
other words, they don't pencil out on a per-person basis, and
have difficulty in terms of the O&M budget.
Have folks really dug into the question that Senator
Murkowski is asking, are there disruptive technologies
available that can make the numbers work better? Should the
Committee be providing resources or statutory authorization or
at least a nudge to the agencies or to our friends in Indian
Country to take a hard look at some of this technology? What
are you thinking along these lines, Mr. John?
Mr. John. Thank you for the question. It is going to be a
long while before we reach the point of talking about
infeasible projects. There are over $130 million worth of
current projects that are considered feasible by IHS standards.
When you look at the details of the infeasible projects,
you come to understand that they are not infeasible because
they don't need water, those families need water. I think it is
imperative that we seriously consider funding those projects.
The infeasibility could be based on different criteria. A lot
of it is just funding. A lot of the infeasibility of some
projects can be overcome by just the funding alone. Thank you.
The Chairman. Thank you very much.
IHS, EPA, USDA, have all existing programs that provide
funding for water and wastewater in Native communities. Mr.
John, what other resources besides funding does the Navajo
Nation need in order to take advantage of these programs?
Mr. John. In our department, we almost call ourselves a
fiscal agent for the Navajo Nation, because we have so many
agreements with different Federal agencies, whether it is
through the Army Corps of Engineers, the Bureau of Reclamation,
the Bureau of Indian Affairs, the USDA. The list goes on and
on. So we try to tackle the need with every resource that we
have available.
But there are limitations across the board to meeting the
need that is out there today, like I said, there is over a half
a billion dollars in current need just to get water to homes.
There is no current funding sources within any Federal agency
that we can apply for to tackle that need.
Thank you.
The Chairman. Thank you very much.
A question about climate. Chairwoman Flores, how has
climate change impacted CRITs water use? How is CRIT planning
for a future with increased competition for a finite water
supply?
Ms. Flores. It impacted not per se the Colorado River
Indian tribes; it has impacted the upper basin of the Colorado
River. The water users in that area, with lack of snowfall and
rain, it impacts the users. With our water rights, we have
senior water rights for the Colorado River Indian Tribe, the
largest and oldest. In a way it doesn't impact us, but it may
in the future. But right now, it hasn't. Thank you for asking
that question.
The Chairman. Senator Murkowski, for a final round.
Senator Murkowski. Thank you, Mr. Chairman.
I think this has been helpful to try to address some of
what the regulatory barriers may be, some of the things we can
look to. I think it was the Honorable Amelia Flores that
mentioned, it is not just dollars, there are other issues that
are impediments, and the regulatory side of it is one of them.
We have certainly heard that from Ms. Davidson as well in terms
of the other things we can do to assist with training and
capacity building.
As the President has just recently signed into law the
American Rescue Plan, there is funding for State, local and
tribal, significant and substantial funding. In the American
Rescue Plan, which is different than what we did with the CARES
Act funding, there is direct reference to the ability for
State, local, and tribes to use these funds for water and
wastewater infrastructure.
Do any of our panelists have any comment about the use of
those funds as perhaps an initial down payment on what it might
take to meet need? I know that at this point, nobody knows how
much will be made available. But I am trying to assess here
where this Committee, where this Congress, working with this
Administration, can be most helpful in addressing the needs. We
know that there are resources. Ms. Davidson used the figure of,
we have to look to a billion dollars of need when it comes to
infrastructure.
But if anyone would like to address what is coming
available through the American Rescue Plan for purposes of
water and wastewater infrastructure. I will throw that out to
whomever might want to respond. Go ahead, Val.
Ms. Davidson. Thank you, Madam Vice Chair.
We think it is a great start, really, really helpful. But
again, we need really significant resources to be able to
address this problem.
I want to go back to a question that was asked before about
feasibility of programs. I really appreciate a fellow panelist
talking about what is the definition of feasible and by what
standards. I want to make sure that as we are implementing
these programs with the resources that are made available,
let's not, even unintentionally, let's not weaponizes terms
like feasible or sustainable to perpetuate harm to the health
of Alaska Native individuals and American Indian families. We
really need these services. Our children are being hospitalized
every year and are dying simply because we cannot keep them
safe, because we don't have sanitation facilities.
I remember a few years ago, maybe 10 years ago by now, we
hosted a former Secretary of the U.S. Department of Health and
Human Services in Guiflook. We described what were third world
sanitation facilities in our communities. He said afterwards,
you know what, I have been to third world countries, and what
they have is better than what we have right here in these
United States of America. That is unacceptable.
So while definitely, the resources that were allocated
under the American Rescue Plan, we appreciate that those are
being opened for additional water and wastewater
infrastructure. This might be a terrible pun, given what we are
talking about, but it is just a drop in the honey bucket of the
real needs that we know that exist in Native American
communities. So we appreciate the effort because it is more
than what we have now.
But it is time, it has been time to make a significant
investment to just eliminate this problem once and for all. We
are the greatest country in the world. But in order to achieve
that, every community needs to be able to feel that in their
homes. We have that opportunity to do that today.
Senator Murkowski. Ms. Davidson, thank you for that. It is
a reminder that while we have come far, we have so very far to
go when it comes to meeting basic needs.
I will never, never forget a visit that I made to a small
village some years ago, about 10 years ago now. They have since
been able to get running water into some of their community
buildings. But at the time there was none, including in their
clinic. I was doing a tour of the clinic. I asked, how do you
clean things? They showed me the Lysol wipes.
But not to get too graphic, but in these clinics, you do
specific procedures, some gynecological procedures where you
use medical devices. The health aide said that she takes these
home and boils them in water and then brings them back to the
clinic.
When you don't have the ability even in a small clinic to
be able to provide for basic sanitation, this should be
shocking to everyone.
I look froward to the opportunity to share again with the
Committee, several of the Committee staff have had an
opportunity to go to Alaska. They had a field hearing out in
Savoonga on St. Lawrence Isle. It was focused on housing, and
housing infrastructure. But with housing also comes water, a
toilet. I think what many saw was pretty shocking. We don't
want to shock people; we want to help people.
Mr. Chairman, I really appreciate your focus on this and
look forward to some good, strong, innovative ideas coming out
of the Committee here.
The Chairman. Thank you very much.
Senator Lujan.
STATEMENT OF HON. BEN RAY LUJAN,
U.S. SENATOR FROM NEW MEXICO
Senator Lujan. Thank you so much, Chairman Schatz, and Vice
Chair Murkowski, for holding this hearing today and to the
witnesses for joining us.
In the U.S. House of Representatives, I was proud to
introduce the New Mexico Navajo Water Settlement Technical
Corrections Act to authorize the Navajo Gallup Water Supply
project to serve thousands on and off tribal lands. The bill,
which was signed into law back in 2009, provided $1 billion to
support a water delivery system for Navajo communities from
Shiprock to Gallup. The project is a heightened focus due to
COVID-19, especially around the Navajo Nation and surrounding
communities.
Mr. John, what is the latest on this project? How many
households will this water system serve once it is completed?
Mr. John. Yes, thank you, Senator. Currently, the Cutter
Lateral of this project is currently delivering water to
communities in the eastern part of the Navajo Nation. It is in
the testing phase, but it is the beginning of the delivery of
water to hundreds and hundreds of homes that are currently
already a part of existing public water systems. So we really
thank everyone for their effort to try to get that project
built.
The San Juan Lateral is still under construction but when
that one is complete it will also tie into dozens of existing
water systems and provide water to many other hundreds of homes
along the San Juan Lateral. We think that this project is a
good example of what needs to happen in other areas on the
Navajo Nation, primarily the western part of Navajo. Families
there are in dire need of a water supply in Arizona, as well as
families in Utah near the San Juan River. We have projects
being designed and planned for those areas.
So we want to thank you for the support of the Navajo
Gallup. We have a lot of work to do to meet the needs of the
many other Navajos on the Navajo Nation. Thank you.
Senator Lujan. I appreciate that, sir.
One thing I would also say is there is still a big need in
New Mexico. This does not solve the challenges with the Navajo
Nation in New Mexico. So more is needed, I agree.
According to the Navajo Nation Department of Water
Resources, approximately 30 percent of the Navajo Nation does
not have access to clean and reliable drinking water. Even
though there is substantial investment in the CARES Act, the
barriers that were put in place because of the timelines
prevented the Navajo Nation from being able to move those
projects forward without securing the rights away from the
Bureau of Indian Affairs.
Now, I think we all know the urgency of getting these
projects into the ground. I am very concerned that there are
still delays that were created from the BIA in the previous
Administration. Even an issue that I explained to the Vice
Chair, we were able to secure FEMA funds for the bridge in
Monolito that had collapsed. But the BIA would not approve the
right-of-way back then and we lost the Federal money. The
Navajo Nation and the local county government lost the money.
Mr. John, yes or now, do you believe that a shortened
application process for BIA rights-of-way for public health
infrastructure during national and tribal emergencies would
help the Navajo Nation address its shortage of water
infrastructure?
Mr. John. Yes, I think that process would significantly
help the construction of water systems. We also need help for
the programs prior to BIA getting those rights-of-way
applications. Thank you.
Senator Lujan. Mr. John, same question on wastewater and
drinking water projects. Would this also help those projects
get built?
Mr. John. Yes.
Senator Lujan. Yes or no, do you believe that uniform
rights-of-way application shared among the Bureau of Indian
Affairs, U.S. Forests, Bureau of Reclamation, Army Corps of
Engineers, and the Bureau of Land Management would expedite the
application process for water infrastructure projects?
Mr. John. Yes, I think if they were all working with the
same rules, it would help expedite the process. Thank you.
Senator Lujan. And the last question, Mr. Chair, as my time
runs out, is, I still have a concern associated with the census
data with us having a good understanding of how many families
currently do not have running water, electricity, or broadband.
We are relying on non-profits.
The Indian Health Service and the Census Bureau and
underfunded tribal utility departments still paint an
incomplete picture of existing utility gaps on tribal lands.
That is unacceptable. So I am hopeful we can get some responses
to what data each of these departments used and are sharing
with us to calculate the need, and that this is also an issue
we can all work on together.
Thank you so very much. I appreciate your calling this
important hearing.
The Chairman. Thank you, Senator Lujan.
This is not in my briefing binder, but I want to make this
point for all of us on this Committee. I am pretty sure we can
get unanimity here. There is a lot of enthusiasm for broadband,
and there is a lot of talk about broadband mapping, and there
is a lot of talk about investing in broadband infrastructure in
extraordinary dollar amounts. Broadband is important. I am for
broadband, I used to be the ranking member or the chair of the
Telecom Subcommittee in Commerce. Don't get me wrong; we should
be investing in broadband. It is like rural electrification in
a new generation.
We still have communities in the United States of America
that don't have safe drinking water. That is totally
unacceptable. So first things first. If we are going to move
forward on an infrastructure package together, especially for
Native American communities, first things first. Water.
So if there are no other questions for our witnesses,
members may also submit follow-up written questions for the
record. The hearing record will be open for two weeks. I want
to thank the witnesses for their time and testimony.
This hearing is adjourned.
[Whereupon, at 3:43 p.m., the hearing was adjourned.]
A P P E N D I X
Prepared Statement of the Southern Ute Indian Tribe
The Southern Ute Indian Reservation--the homeland of the Southern
Ute Indian Tribe's 1500-plus members--consists of approximately 700,000
acres of land located in arid, southwestern Colorado in the Four
Corners Region of the United States. Ute elders will tell you that to
their people, water has always been the provider; water is life.
Traditionally, the Ute people were hunters and gatherers, camping and
traveling along the streams and rivers of the West to harvest game and
edible plants. That was before Federal government interference. The
government's obsession with turning Indians into farmers forced upon
the Tribe a new, more tenuous relationship with water. As communally-
held tribal land was parceled into allotments for individual Indians to
farm, it became a necessity to force the flow of water to areas that
typically only received moisture when it rained. Rainfall is a rare
occurrence on the Reservation, which annually receives an average of 8-
20 inches of precipitation. The United States knew this. As early as
1880, during the allotment debate, Indian Agent Henry Page noted in his
annual report that, ``land on the Southern Ute Reservation could not be
cultivated without the use of irrigation ditches.'' Engineering and
construction of irrigation ditches was soon a major component of what
was then called the Indian Service's responsibilities at the turn of
the century. Local Indian Agents recognized the importance of securing
the necessary water rights for all tribal allotments, and pressed
officials in Washington, D.C. to act quickly, but as Easterners, the
officials did not appreciate the value of water in the West and the
need for urgent action.
The first irrigation ditches to serve Southern Ute lands were built
in the mid-1880s, and by 1888 almost 600 acres were in cultivation
along the Pine River. Those ditches comprise a large part of what we
now call the Pine River Indian Irrigation Project (PRIIP). The PRIIP is
still owned and operated by the Bureau of Indian Affairs (BIA). Based
on its boundaries and operating agreements, PRIIP should be providing
water to approximately 12,000 acres and nearly 400 individual users,
including approximately 100 non-Indians and the Town of Ignacio, but
due to extreme deterioration of its infrastructure, it falls far short
of that goal. An assessment of the PRIIP conducted by the GAO in 2006
identified a maintenance backlog of over $20 million, and that estimate
was confirmed in a 2008 study commissioned by the BIA. A different
assessment performed in 2000 by the BIA's Office of Trust
Responsibility found that the cost to completely rehabilitate the
system, including upgrading equipment and other non-structural items,
would be closer to $60 million. Though the PRIIP is Federally-owned and
operated, the Tribe is mid-way through a 5-year program to rehabilitate
portions of the PRIIP using $4 million of tribal funding and just
completed an emergency repair on the project using $880,000 of tribal
funding.
The deteriorated condition of the PRIIP means that many of its
users are unable to access and use water for agricultural irrigation.
Despite this condition, users have seen rates for operation and
maintenance increase over recent years even while the PRIIP continues
to fail to deliver water for their use. This ongoing lack of water
delivery to both Indian and non-Indian lands presents a significant
barrier to agricultural economic development for both the Tribe and the
local community. The following points illustrate the system's
deplorable condition:
Only an estimated 15 percent of the Project's 175 miles of
canals can be considered in good condition;
Some of the Project's major diversion structures date to the
1930s, with no major rehabilitation or improvements since the
early 1960s;
An estimated 40 percent of the project's irrigable acreage
is not being irrigated, and a significant amount of that simply
cannot be irrigated given the current state of the Project;
The Project's largest canal, serving over 4,500 irrigable
acres of Indian and non-Indian land, has breached three times;
The aforementioned canal has multiple, large, antiquated
flumes in danger of failing:
Dozens of smaller irrigation structures constructed pre-
1920s have collapsed and have simply been abandoned;
Ditches have been abandoned and lands that were previously
irrigated have become derelict, requiring costly
rehabilitation; and
Erosion has created miles of incised channels and ditches
where elevated headgates no longer allow for the diversion of
water to lands that historically were irrigated.
Neglect of operation and maintenance roads has made access
to many structures and sections of ditch either impossible or
unsafe.
Funding to address some of the PRIIP's needs was authorized in the
Water Infrastructure Improvements for the Nation Act (``WIIN Act,''
Pub. L. No. 114-322). Enacted in 2016, the WIIN Act establishes the
Indian Irrigation Fund (the Fund) in the Department of the Treasury to
address the deferred maintenance, repair, and replacement needs of
various Indian irrigation projects \1\ in the western United States.
The WIIN Act came as a great relief to Southern Ute and other tribes in
the West that had been asking for decades for help with decaying
Federal irrigation projects, but repairs under the WIIN Act met an
unexpected delay. While the WIIN Act authorized funding for this
critical purpose, the actual appropriations have fallen far short.
---------------------------------------------------------------------------
\1\ To be eligible for these funds, the project must be (1) owned
by the Federal government, (2) managed and operated by the BIA
(including projects managed, operated or maintained under contract or
compact pursuant to the Indian Self-Determination and Education
Assistance Act, 25 U.S.C. 450, et seq.) and (3) have BIA-documented
deferred maintenance.
---------------------------------------------------------------------------
The Act directs the Secretary of the Treasury to deposit $35
million annually through fiscal year 2028 into the Fund, with such sums
plus accrued interest to be transferred to the Secretary of the
Interior for distribution by the Bureau of Indian Affairs. However,
since its inception, Congress has only appropriated $10 million per
year for the Fund--less than one-third of the $35 million authorized.
Not only does the level of appropriation fall far short of the
demonstrated need, continued delay simply adds to future costs as
deterioration of failing systems continues.
In conclusion, the Southern Ute Indian Tribe--on behalf of the
Tribe's farmers, local non-Indian irrigators, and tribal irrigators
across the parched West--respectfully asks the Administration to
request the full $35 million authorized per year and urges Congress to
grant the budget request.
______
Prepared Statement of the Ute Indian Tribe of the Uintah and Ouray
Reservation
I. Introduction
Chairman Schatz and Members of the Senate Committee on Indian
Affairs, the Ute Indian Tribe of the Uintah and Ouray Reservation
appreciates the opportunity to testify on our water infrastructure
needs. Your March 24, 2021, oversight hearing entitled ``Build Back
Better: Water Infrastructure Needs for Native Communities'' addressed
some of the most important issues on our Reservation, specifically, our
long-standing infrastructure needs related to tribal drinking water
systems and water storage. We appreciate your consideration of our
testimony and ask that it be made part of the hearing record.
In brief, providing and improving the drinking water systems, water
storage and other water infrastructure needed by Indian tribes should
be a national emergency. Like many tribes, we lack much of the basic
water infrastructure needed to provide for our members, and the
infrastructure we do have is in need of serious repair and upgrades.
The United States has both a treaty and a trust responsibility to
provide the funding and technical support for tribes to develop and run
these systems. Yet, the few federal programs supporting tribal water
and sanitation infrastures are so underfunded that there is a decades
long backlog.
Part of the problem may be that there is no true lead agency for
tribal water infrastructure. Most of this funding comes from a portion
of the State and Tribal Clean Water Revolving Fund that the
Environmental Protection Agency oversees. But, then this funding is
utilized by a sanitation and waste water program within the Indian
Health Service to fund and support not just sanitation, but also
drinking water systems. Meanwhile, the Bureau of Indian Affairs
oversees some irrigation projects and dam saftey. The United States
cannot fulfill its obligations to provide reliable drinking water
systems and other water infrastructure in Indian Country with programs
and funding spread across so many different agencies.
II. Water Resources Management is Vital to Health and Security on our
Reservation
The Ute Indian Tribe consists of three bands: Uintah, White River,
and Uncompahgre Bands. Our ancestral homelands stretch from the
Colorado Front Range to the Wasatch Front in Utah--from present-day
Denver to Salt Lake City. Through a series of treaties and agreements
we agreed to reside and establish a homeland on our Uintah and Ouray
Reservation (Reservation) in northeastern Utah. Our 4.5-million-acre
Reservation is the second largest in the United States. Our Reservation
is approximately 150 miles east of Salt Lake City.
The delivery of safe drinking water to our members is one of the
highest priorities for the Ute Indian Tribe. The vast majority of our
members live on our Uintah and Ouray Reservation (Reservation) and are
provided water for domestic, commercial, municipal, and industrial
(DCMI) purposes by our Ute Tribal Water System (UTWS). Based on 2005
data, our UTWS provides water to upwards of 3,850 users between the
system and its external connections. The COVID-19 pandemic and
isolation of our elders and members in their homes has highlighted the
vital need of our ability to provide clean drinking water across our
Reservation.
Despite the vital importance of our UTWS, the last time the system
was comprehensively rehabilitated was in 1981, and the last sanitary
system survey of our UTWS occurred in 1982. The United States and
Congress must do better. We ceded millions of acres of lands and
resources in treaties and agreements with the United States. In return,
the United States promised to secure our homeland and provide programs
and services to the Tribe. It is time to make good on these promises
and provide adequate funding for tribal water systems and other
infrastructure needs.
As you may know, the State of Utah is recognized as the second most
arid State in the country. This includes our Reservation and requires
careful and considered management of our water resources for drinking,
irrigation, and all of life. In his 1905 Annual Report, the
Commissioner of Indian Affairs described the conditions on our
Reservation and bluntly stated, ``The future of these Indians depends
upon [water]. . .for without water their lands are valueless, and
starvation or extermination will be their fate.''
Our Reservation lies entirely within the drainage of the Upper
Colorado River Basin. We have a multitude of streams flowing through
the Reservation, including: the Duchesne River and its tributaries,
Rock Creek, Lake Fork River, Yellowstone River, Uinta River, and
Whiterocks River, among the rivers that flow south from the Uinta
Mountains through the western part of the Reservation to the Green
River, which together with its tributaries, including the White River,
flows through the eastern part of the Reservation then on to the
mainstem of the Colorado River.
As a part of our Reservation, we maintain Indian-reserved water
rights by diversion of 549,685 acre-feet per year in the Upper Colorado
River Basin. Priorities for these rights are dated to 1861 for all
historically and practicably irrigable lands of the Uintah Valley
portion of the Reservation, including municipal and industrial water
rights, and 1882 for all lands served on the Uncompahgre portion of the
Reservation, through which the Green River and its tributaries flow and
border. We own the highest priority water right to natural flows from
all rivers within the exterior boundaries of the Reservation.
In 1916, the United States initiated litigation in federal court to
protect our reserved water rights and enjoin various private irrigation
companies from interfering with our tribal members' use of our waters.
A portion of our Indian reserved water rights was recognized through
this successful litigation and resulted in the issuance of two federal
decrees in 1923 for our reserved water rights on the Lake Fork and
Uintah Rivers and their territories, where the majority of tribal
members reside. Agreement on the remaining portion of our Indian water
rights was reached by agreement with the State and the Federal
governments in 1965 when we agreed to not develop some of our Indian
water rights so that the State could proceed to construct and complete
the Central Utah Project.
The Central Utah Project is a massive federal project that diverts
and stores water from our region and our Reservation to provide water
to the Wasatch Front, including Salt Lake City and Provo. As a part of
this Project, the government promised to construct a water storage
facility in the Uintah Basin that would provide the Tribe with the
necessary water resources to develop and use our Reserved Water Rights
on our Reservation. This storage has still not been built.
III. Investments Needed for Safe Drinking Water Infrastructure
The delivery of safe drinking water to our Tribal members is of the
highest priority for the Tribe. The vast majority of our members live
on the Uintah and Ouray Reservation and are provided with water for
domestic, commercial, municipal, and industrial (DCMI) purposes by our
Ute Tribal Water System (UTWS). Our UTWS service area covers roughly
175 square miles, including the towns of Whiterocks, Fort Duchesne,
Randlett, Ouray, and other rural areas. We also operate a high school
for our tribal members in Fort Duchesne, Utah. Through external
connections, our UTWS is also the sole water supplier to the Ballard
Water Improvement District, the Ouray Park Improvement District, and
the Independence region of the Johnson Water Improvement District.
Our UTWS diverts and treats water from Whiterocks and Uriah Heap
Springs, which is delivered by gravity through nearly 60 miles of
pipelines and numerous valves, hydrants, and water meters. Each spring
subsystem on the UTWS has its own water treatment facility. Whiterocks
typically takes 100 gpm through treatment, while Uriah Heap takes about
700 gpm through its system. The Whiterocks Springs subsystem serves 115
connections with an average daily demand of 63 gpm. Uriah Heap has 815
connections and an average daily demand of 700 gpm.
In 2010, we asked an engineering firm to evaluate the conditions of
the water collection systems at Whiterocks River and Uriah Heap
Springs. They found that multiple improvements for environmental health
and better water management within our UTWS were needed. Deteriorated
conditions included vegetation growth and poor surface drainage in the
spring areas, root intrusion, sediments, and cracking in collection
pipes, a lack of water meters in the system, a need for increased water
quality monitoring in the system, and unmonitored spillage of untreated
spring water into local canals. Though customer water meters have since
been installed and a new Uriah Heap treatment plant was built, not all
recommended improvements have been fully implemented.
In 2014, another engineering firm observed or were made aware of
the following concerns related to our UTWS:
Continued poor surface drainage and vegetation in spring
collection fields;
Insufficient fencing around springs that could allow
livestock to contaminate water sources;
Rusted, leaking, or overflowing water storage tanks;
Freezing or burst water pipes in the winter throughout the
system;
Vandalism of UTWS structures; and
A strong need for a hydraulic model to understand water flow
within the system.
Despite these issues and our requests for support, the Indian
Health Service (IHS) has not been able to fund and install spillage
meters needed at both springs for several years, and individual water
meters are not read; as a result, both users and external connections
pay only a flat monthly water rate regardless of use. Although we
appreciate the technical support that IHS has been able to provide,
most of its limited infrastructure or construction funding goes towards
drilling domestic water wells for individual tribal members. As a
result, our UTWS has continued to suffer from a lack of maintenance,
rehabilitation, and expansion funding.
Due to chronic underfunding for our UTWS, we have had difficulty
maintaining, providing, and ensuring that our tribal members have
access to safe drinking water. Since 2018, we have made a concerted
effort to improve our internal monitoring and auditing procedures
related to the quality of the water delivered by our UTWS. However, the
lack of consistent and available funding sources to rehabilitate,
improve, and expand access to our UTWS remains a significant and
serious issue for the majority of our tribal members. And, some of our
tribal members must rely on relatively shallow individual wells or
developed springs for their water supply.
IV. Investments Needed for Water Storage
The need for water storage on our Reservation has been clearly and
repeatedly documented for over 100 years. Indeed, it is well known that
irrigation and other related tribal water projects cannot be successful
in an arid environment without water storage infrastructure. The
Federal government has acknowledged, on many documented occasions, its
obligation to manage water projects through storage facilities, yet the
Tribe continues to face water storage deficits on a regular basis.
It is unbelievable that our Reservation homelands were established
in this arid region and we still lack a water storage facility to
support our municipal, irrigation and water development needs.
Meanwhile, the non-Indian residents of Utah are served by the Central
Utah Project--one of the largest water storage and delivery projects in
the United States. Because of these documented water shortages, the
Tribe has sought to develop viable, environmentally sound storage
facility options that will regulate the flows of Reservation streams
and provide an ample and dependable water supply for the Tribe.
Storage, combined with natural flow, is the only way the Tribe can
fully develop its irrigation system, provide for our members, and put
our reserved water rights to use. We ask that the Federal government
make good on its commitment to provide the water infrastructure
promised and needed for our homelands.
The ability to store water is vital to our Uintah Indian Irrigation
Project (Project). The Project is one of 16 Indian Irrigation Projects
that the Bureau of Indian Affairs (BIA) is directed to manage in
support of the Federal government's trust responsibilities and to
create economic development opportunities on our Reservation through
agriculture. Our water users pay annual operations and maintenance
fees, but chronic underfunding of the Project has resulted in layers of
problems. Current problems are well documented and include decades of
deferred maintenance and the need for repair and replacement of
diversion structures, canals, laterals, and ditches to bring the
deteriorated infrastructure up to current standards. And, as noted, the
Project lacks the basic storage that irrigation systems rely on to
regulate the natural flows of the rivers and the rehabilitation and
betterment of our Project.
We ask that the Biden Administration honor and fulfill the United
States' treaty and trust responsibilities to support our critical need
for water storage infrastructure. Storage infrastructure is needed to
support and provide for the Tribe's Reservation homelands in Utah.
Actions are needed to improve BIA's management of our water irrigation
projects and to secure funding that will enable us to get the full
economic benefit of our Indian reserved water rights.
V. Additional Impacts from COVID-19 Pandemic and Specific Funding
Needed
The COVID-19 pandemic has highlighted and exacerbated our need to
provide Tribal members access to safe and reliable drinking water--
which is paramount in maintaining proper hygiene and staying healthy.
IHS has already documented that families with access to reliable safe
drinking water and sewage systems require appreciably fewer medical
services and place fewer demands on the IHS and tribal primary health
care delivery system. For every dollar IHS spends on sanitation
facilities to serve eligible existing homes, at least a twentyfold
return in health benefits is achieved.
Despite these clear health benefits and the additional impacts from
the COVID-19 pandemic, we are still waiting for Congress to provide the
funding levels for needed improvements to our UTWS and tribal water
systems throughout Indian Country. Congress knows this. We all know
this. The shortfalls in IHS funding are well-known. This is not only a
funding shortfall, but also a failure to fulfill the United States'
treaty and trust responsibilities.
The American Recovery Plan Act will provide some of the funding
needed but still will only scratch the surface. And, more importantly,
we are still in the middle of a pandemic and have many demands for the
funding provided. Do we use funding in the Act to invest in water
infrastructure, support tribal members and businesses still suffering
from the economic slowdown, or invest in broadband infrastructure to
support the education of our youth? Indian Country needs the level of
funding provided in the Act year after year just to support water
infrastructure.
While Congress fails to meet its obligations, we are still working
hard to provide our members with safe and clean drinking water
supplies. We recently investigated and identified (1) the need to
develop groundwater wells and associated facilities to provide
culinary/domestic water to an area of our delivery system known as the
Farm Loop Road area located north of our Whiterocks Tribal community;
and (2) the need for a supplemental supply to the existing Whiterocks
and Uriah Heaps water systems. Our residents on Farm Loop Road are
representative of those who experience poor water quality from their
domestic wells and seasonal water shortages.
We conducted project feasibility studies for these two projects, as
well as their economic feasibility. Not surprisingly, the cost per
residence in the targeted isolated, rural Reservation area can run as
high as $132,000 per residence for groundwater development. When the
residential improvements are combined with the development of the
supplemental water supply project, we can bring our costs down to
$12,609 per connection. However, that still leaves us with an overall
cost to improve access and make water supply improvements of
$12,500,000--in just one area of our UTWS on our large Reservation.
Some sources of funding are specifically limited to loans to
eligible water systems. One example is the EPA Drinking Water State
Revolving Loan Fund which has a 2 percent Drinking Water Infrastructure
Tribal Set-Aside. In addition, this funding is not available where
there is no existing water system as in the example above for our Farm
Loop Road residential area.
We also run into problems because a project's cost efficiency is
often used by funding sources, including IHS, as a measure of a
project's economic feasibility. If the measure of the cost per
household is used as a measure for tribal funding, the highest cost per
household served in Utah is $40,500. As described above, the estimated
cost for some of our very rural, reservation tribal households can be
as high as $132,000 per residence for groundwater development. Yet, the
IHS Phoenix Area, which includes our Reservation, has a cap on the cost
for a system identified as ``deficient'' at about $58,000 per Tribal
home served. IHS told the Tribe that if we exceed their cap then the
project cannot be funded. As a result, the Tribe receives $0 benefit
from IHS, even though the Tribe offered to make up the difference. None
of these caps or cost limitations are consistent with the Federal
government's trust responsibilities.
Some other sources of funding, such as the U.S. Bureau of
Reclamation WaterSMART grants--Water and Energy Efficiency Grants,
require a 50/50 cost share, with Tribes located in the western states
eligible for funding of Tribal projects that conserve water and/or
provide hydropower development. Many Tribes are not able to fund the 50
percent share of the costs under this program. And, more importantly,
this cost share is not consistent with the United States' debts owed to
Indian Tribes and the trust responsibility.
A final example of existing funding sources is the Water
Infrastructure Improvements for the Nation Act--Assistance for Small
and Disadvantaged Communities Drinking Water Grant. The grants target
public water systems in small and disadvantaged communities to meet
Safe Drinking Water Act requirements. However, with a 2 percent tribal
allotment under the program funding, there is only a total allotment of
$875,000 for tribes across the United States. States, cities and towns
covering much smaller areas have higher water infrastructure budgets
than this.
VI. Conclusion
Improvements to our Reservation water infrastructure can save lives
and increase the life expectancy of our Tribal members. The United
States and Congress have obligations based on treaties, agreements, and
the Federal government's trust responsibility to meet these basic
needs. Like many Tribes, the Ute Indian Tribe needs Congress to provide
significant funding to finally meet these obligations, particularly
during the global pandemic we all face today.
Significant investments in drinking water and storage
infrastructure will help to ensure that our water system meets water
quality standards and would also provide a vital economic boost for the
economy in response to the COVID-19 pandemic. Investments in water
storage infrastructure will help ensure that our irrigation project
needs will be met. The Ute Indian Tribe has done the feasibility
studies and we know what is needed. Even IHS knows what is needed. We
need to modernize our Tribal water delivery system, firm up water
supplies to our Reservation Tribal residents, and ensure quality water
supplies are available that satisfy health-based drinking water
standards. It is time for Congress to act on these needs.
______
Response to Written Questions Submitted by Hon. Mike Rounds to
Hon. Valerie Nurr'araaluk Davidson
Question. I am curious to get the panel's perspective on the Corps
of Engineers' Tribal Partnership Program, which has been successfully
used in South Dakota. I am interested in whether this is a program you
have used and, if so, what your views are on the effectiveness and
utility of this program--and the Bureau of Reclamation's Native
American Affairs Technical Assistance Program?
Answer. It has been very challenging to engage the Corps of
Engineers through the Tribal Partnership Program in Alaska. Although
the Corps can support Tribes with up to $200,000 to assist in planning
projects, at no cost to the Tribe, we have seen little engagement from
USACE Alaska District staff to support Tribes in this effort.
Since 2018, we have sent 13 community requests to their Planning
Assistance to the State's Program, but only two projects were
supported. One project stalled at the agreement stage because of lack
of community engagement funding. Generally, 35 percent and 50 percent
local cost-share requirements exclude most of our communities from
other Corps programs that were formerly successful when there was no
cost-share to the community.
______
Response to Written Questions Submitted by Hon. John Hoeven to
Hon. Valerie Nurr'araaluk Davidson
Question. How can we better assist Tribes with accessing and
navigating federal programs?
Answer. There are many potential ways to improve existing programs
and the ability of Tribes to successfully access and navigate these
opportunities.
Many federal programs do not fund mitigation measures, measures
which are increasingly needed as climate change is dramatically
impacting our Alaska Native communities and the infrastructure in those
communities. As more Tribes in Alaska are facing threats to
infrastructure from a changing environment, some weaknesses in the
system are being exposed. For example, the existing IHS Sanitation
Deficiency System (SDS) determines sanitation project eligibility based
on a defined set of deficiency levels. When the deficiency levels were
created, they simply did not conceive of any deficiencies based on
environmental threats. Now we have an ever increasing number of acute
threats to our existing systems from flooding, erosion, and permafrost
thaw.
These impending impacts to sanitation systems are not considered
deficiencies, rendering these needs ineligible for funding until after
the damage has occurred. Mitigating these threats prior to damage would
eliminate system interruptions and subsequent public health impacts, as
well as protect the existing federal investment. The IHS is working
with our team to help track these needs in the existing sanitation
facilities database, but until the deficiency definitions are updated,
these needs will remain ineligible for funding consideration.
When it comes to mitigation of and response to environmental
threats and climate change, the dynamic described above is consistent
within all other federal programs, as these programs do not account for
a significant need to address environmental threats to infrastructure.
Federal agencies are ill-equipped to provide the technical assistance
and funding support needed to address these issues. Tribes are left to
independently piece together ad hoc responses to impending threats via
myriad disparate federal, state, and philanthropic programs.
Conventional wisdom has long since determined that a more
coordinated governmental response is needed to effectively address
climate change related threats to tribal infrastructure in Alaska.
However, little progress has been made to define or implement a
governmental framework to address the coordination gap. In 2015, the
Denali Commission was appointed as the lead federal coordinating agency
for the federal response to erosion, flooding, and permafrost thaw in
Alaska Native villages. However, the agency's new role was launched
based only on a presidential announcement and came with no additional
funding or authorities.
The Commission was able to achieve some success through direct
investments in high priority community mitigation needs. However, the
lack of an explicit federal policy directing other agencies to engage
with the Commission, along with no defined agency role or dedicated
funding, has limited the Commission's ability to coordinate federal
agencies to improve the governmental response to impending
environmental threats. A government-wide coordinating framework
defining the roles, responsibilities, functions, and authorities for
all relevant entities is critical to ensure efficient and cost-
effective environmental threat mitigation.
Finally, federal programs are generally not structured nor funded
to provide adequate technical support to tribal communities--especially
related to project development, grant writing, implementation, and
ongoing management. The assumption made is that sufficient capacity to
carry out these functions should exist within the communities
themselves. While not an unreasonable assumption when engaging with
most municipalities in the United States, many tribal communities lack
the relevant experience and capacity. Therefore, providing direct
technical assistance within federal programs is necessary to
meaningfully improve tribal access, build long-term capacity, and
facilitate community development.
______
Response to Written Questions Submitted by Hon. Mike Rounds to
Hon. Amelia Flores
Question. I am curious to get the panel's perspective on the Corps
of Engineers' Tribal Partnership Program, which has been successfully
used in South Dakota. I am interested in whether this is a program you
have used and, if so, what your views are on the effectiveness and
utility of this program--and the Bureau of Reclamation's Native
American Affairs Technical Assistance Program.
Answer. Senator Rounds, thank you for the question and for your
focus on helping tribal governments and our local partners secure
federal funding for water infrastructure projects. I understand that a
number of tribal leaders in South Dakota are enthusiastic about the
expedited reviews and process available to them through the Army Corps
of Engineers Tribal Partnership Program.
At CRIT, we have not had the opportunity to participate in this
program. The Corps maintains the banks of the Colorado River through
our Reservation; however we only work with them to a limited degree on
dredging and small scale restoration projects. Should the Tribe be in a
position to require a major infrastructure investment from the Corps,
we will certainly consider using this program.
On the other hand, CRIT has routine interaction with the Bureau of
Reclamation. We have found the Bureau's senior staff to be helpful and
accommodating, which is critical because tribal governments have rights
to approximately 20 percent of all Colorado River water. As Tribal
Governments move forward in utilizing their full water rights, the
technical assistance program will continue to be a necessary resource
to help us understand the nuances of water management in the arid west.
______
Response to Written Questions Submitted by Hon. John Hoeven to
Hon. Amelia Flores
Question. How can we better assist Tribes with accessing and
navigating federal programs?
Answer. Senator Hoeven, thank you for the question. In CRIT's
experience, the simple answer: appoint individuals that have experience
working with tribes, and consult with us on critical issues.
The biggest hurdles we've faced are when tribal water rights are
not considered during the creation of a program. Two examples that come
to mind are the WaterSMART program and the Intentionally Created
Surplus (ICS) program on the Colorado River. In both cases, the
parameters of the program were created without considering how tribes
could participate. Our water rights are fundamentally different in many
cases from state water rights and Reclamation Contracts. The Department
just has to ask the questions about how their proposal impact tribes.
Beyond just making for better policy, it is required under Executive
Order 13175. The Bureau has the obligation to consult with Tribes, just
like every other federal agency, and it is my hope that they will do so
with greater frequency moving forward.
______
Response to Written Questions Submitted by Hon. Mike Rounds to
Jason John
Question. I am curious to get the panel's perspective on the Corps
of Engineers' Tribal Partnership Program, which has been successfully
used in South Dakota. I am interested in whether this is a program you
have used and, if so, what your views are on the effectiveness and
utility of this program--and the Bureau of Reclamation's Native
American Affairs Technical Assistance Program.
Answer. The Navajo Nation has been effectively using the Tribal
Partnership Program for smaller scale projects over the years and we
appreciate the increases in non-federal cost share for the initial
study/analysis of projects. We have worked on several watershed
assessments through this program. We have also been utilizing other
programs such as the Floodplain Management Services Program to
delineate floodplains for many communities on the Navajo Nation. We
appreciate the close working relationship that the Navajo Nation has
developed with the Corps of Engineers offices in Albuquerque, NM,
Phoenix, AZ and Los Angeles, CA.
The Navajo Nation has also been effectively using the Native
American Affairs Technical Assistance Program to implement small scale
water projects typically less and $200,000 per year. The Navajo Nation
has recently renewed a Memorandum of Understanding (MOU) with
Reclamation that list several projects to work on as funding becomes
available from Reclamation. Most recently, the program awarded funds to
drill a water well in Arizona to assist with much needed water. The
Navajo Department of Water Resources meets bi-annually with
Reclamation's Upper and Lower Colorado River Basin offices to discuss
ongoing projects and potential funding opportunities.
______
Response to Written Questions Submitted by Hon. John Hoeven to
Jason John
Question 1. How can we better assist Tribes with accessing and
navigating federal programs?
Answer. We have benefitted in the past from federal programs that
have tribal outreach coordinators and consultation meetings that focus
on what federal programs are available to meet ongoing needs. The
Navajo Nation is unique in its size and needs so it is important that
some funding programs recognize this from the beginning as well as
understand how water development occurs and how water systems are
operated.
Question 2. Your written testimony references a 2018 tribal water
study, which identified challenges and opportunities for action. You
mention a need to ``address statutory and regulatory prohibitions to
interstate water management and use.'' In addition to funding and
staffing needs, are there ways we can more effectively streamline the
review and permitting process?
Answer. The Navajo Nation programs are severely underfunded and
understaffed. Many of these programs are also in dire need to new
office complexes with adequate space for review and storage of project
files. Some of the programs are funded through Public Law 93-638
programs and the funding has been trending downwards over the years. It
is suggested that the federal programs, primarily the Bureau of Indian
Affairs meet with these Navajo Nation programs to understand the needs
and advocate for additional funds through the Department of Interior.
Without additional staffing, many projects will continue to be delayed.
______
Response to Written Questions Submitted by Hon. Brian Schatz to
Hon. Raymond Tsumpti
Question. Does the Chairman agree that the trust responsibility of
the Federal Government to Tribal nations includes the provision of
basic water services?
Answer. Yes, I believe that that provision of basic water services
is critical to the federal government's trust responsibility for the
healthcare of Indian tribes and Indian people.
______
Response to Written Questions Submitted by Hon. Mike Rounds to
Hon. Raymond Tsumpti
Question. I am curious to get the panel's perspective on the Corps
of Engineers' Tribal Partnership Program, which has been successfully
used in South Dakota. I am interested in whether this is a program you
have used and, if so, what your views are on the effectiveness and
utility of this program--and the Bureau of Reclamation's Native
American Affairs Technical Assistance Program?
Answer. Warm Springs does not have experience with the USACE Tribal
Partnership Program, but works extensively with the Corps of Engineers
on its management of the Columbia River hydropower system. Likewise, I
do not believe Warm Springs has received funding or assistance from the
Bureau of Reclamation's Native American Affairs Technical Assistance
Program.
______
Response to Written Questions Submitted by Hon. John Hoeven to
Hon. Raymond Tsumpti
Question. How can we better assist Tribes with accessing and
navigating federal programs?
Answer. My concern is with the ability of federal programs to
tackle the scope of the water infrastructure problem in Indian Country.
Warm Springs has been able to cobble together small amounts of funding
from several federal agencies for ``band-aid'' approaches, but they do
not approach the magnitude of resources needed to address our long-term
water needs.
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