ICYMI: Senator Murray, Rep. Larsen Secure Key Win for WA Tribes in 2024 Water Resources Development Act—Making it Easier for Tribes to Get Federal Funding for Critical[...]

Murray, Larsen secured in recently-passed legislation a suite of changes to the Tribal Partnership Program to expand and improve access for WA Tribes and make this critical environmental restoration program for Tribes permanent

Washington, D.C. - In the Water Resources Development Act (WRDA) of 2024-biennial legislation that authorizes U.S. Army Corps of Engineers projects and programs-U.S. Senator Patty Murray (D-WA), Chair of the Senate Appropriations Committee, and U.S. Representative Rick Larsen (D, WA-02), Ranking Member of the House Transportation and Infrastructure Committee, secured a suite of major changes to the U.S. Army Corps of Engineers' Tribal Partnership Program (TPP), a program that provides federal support to Tribes for environmental restoration, flood mitigation, and natural and cultural resource protection projects. The legislation passed the House on December 10^th by a vote of 399-18, passed the Senate on December 18^th by a vote of 97-1, and is now on its way to be signed into law by President Biden.

Cumbersome restrictions on the Tribal Partnership Program have meant that, for years, TPP has been largely inaccessible to Tribes in Washington state and throughout the Pacific Northwest. Senator Murray and Representative Larsen worked hand-in-hand with Tribes in Washington state to request, negotiate, and carry across the finish line a suite of changes to TPP in the Water Resources Development Act of 2024 to help improve access to this critical program for Tribes including the Yakama Nation and, for the first time, to allow inter-Tribal organization like the Columbia River Inter-Tribal Fish Commission to take advantage of the program.

"The Tribal Partnership Program has tremendous potential to help Tribes in Washington state carry out critical ecological and habitat restoration projects that are important to their communities-but for too long, cumbersome restrictions have prevented Tribes in our region from taking advantage of this important program," said Senator Murray. "In negotiations over this year's Water Resources Development Act, I made it a top priority to secure changes that will allow TPP to better serve Tribes in Washington state-from allowing the first projects off reservation land, to moving toward direct Tribal contracting, to enabling inter-Tribal organizations to take advantage of TPP for the first time ever. Most importantly, this year we were able to make the TPP program permanent-giving Tribes the certainty they need to carry out longer-term and more complex construction projects, with greater benefits to Tribal communities. Altogether, these changes will make the Tribal Partnership Program more streamlined and beneficial for Tribes-leading to more successful projects across our state."

"Tribes in North Puget Sound should benefit from the Tribal Partnership Program. The bipartisan Water Resources Development Act breaks down barriers to the funding and resources Tribes need to carry out projects that create jobs, drive long-term economic growth and protect Washington's environment," said Rep. Larsen.

"We deeply appreciate Senator Murray's commitment to working with us and including key provisions in WRDA to strengthen and expand the ability of Tribes to partner with the Army Corps of Engineers on key conservation and ecosystem restoration projects," said Gerald Lewis, Chairman of the Yakama Nation Tribal Council. "These actions will help us protect and enhance critical water resources and better fulfill the federal Treaty and trust obligations to tribes while restoring Columbia Basin salmon and native fish."

"The Columbia River treaty tribes deeply appreciate Senator Murray's WRDA 2024 leadership and effort," said Aja DeCoteau, Executive Director of the Columbia River Inter-Tribal Fish Commission. "The Tribal Partnership Program agreements this legislation authorizes will enhance our efforts to address sediment and cold water needs in the mainstem Columbia River. This work will help boost survival of salmon and other treaty trust resources as well as support the region-wide effort to restore these iconic fish to the Columbia Basin to healthy and sustainable populations."

Senator Murray and Representative Larsen negotiated and secured the following changes to the Tribal Partnership Program in WRDA 2024 to improve Pacific Northwest Tribes' access to the critical federal resources and support the program provides:

Making the Tribal Partnership Program permanent: While TPP was set to expire in 2033, it will now be permanent - giving the Corps and Tribes certainty to carry out longer-term projects and more complex construction projects.

Authorizing Inter-Tribal Organizations as Non-Federal Sponsors: Rather than limiting participation in TPP only to individual Tribes, the program can now work with inter-Tribal organizations such as the Columbia River Inter-Tribal Fish Commission (CRITFC) in the Pacific Northwest-granting them eligibility for the same cost-share waivers and ability to pay provisions as individual Tribes and enabling inter-Tribal collaboration on projects.

Allowing for Projects Off Tribal Land: Many Tribes in Washington state are interested in restoration projects that are not strictly on reservation land-including projects on non-reservation land they own, or ecosystem restoration projects where they have treaty rights. The bill establishes a pilot program for Tribes to do this-authorizing seven projects off-Tribal land in which a Tribe or inter-Tribal organization has treaty rights, including one along the Mid-Columbia, Taneum Creek, or Similk Bay, and five more in Washington state.

Establishing Direct Tribal Contracting: To promote Tribal economic security and self-determination, the bill establishes a pilot program to allow contracting directly with Tribes for TPP projects that are authorized for construction-rather than making Tribes bid alongside other contractors for these projects.

Flat 90 Percent Federal Cost Share: Currently, the Corps uses a complex process to determine federal cost-share for TPP projects-based on ability to pay, cost-share waivers, and contentious land valuations. Projects typically end up at approximately a 90 percent federal cost-share, and Senator Murray requested changes that would automatically set the cost-share at 90 percent to speed up the process. WRDA 2024 includes a study of the appropriate procedures for determining the value of real estate and cost-share contributions for projects under the TPP.

Easing Section 1001 Requirements: Tribal projects often take longer than the previously mandated three years, triggering a cumbersome waiver process that adds even more delays and uncertainty. Senator Murray and Representative Larsen pushed to elevate an easing of these requirements for TPP projects. As part of a broad coalition of members, they were able to ease the three-year requirement for all Corps projects allowing more time for tribal projects to get off the ground without needing a waiver. This critical change will help streamline Tribal Partnership Projects in particular.

Senator Murray has always been a strong advocate for Washington state Tribes throughout her career in the U.S. Senate and has fought to prioritize the needs of Tribal communities in Washington state across government funding bills. Murray helped secure $390 million in federal funding from the Inflation Reduction Act for climate resilience projects in Tribal communities, and she negotiated and secured major investments for Tribal infrastructure, housing, energy, and education in the Fiscal Year 2024 funding bills she passed into law. Senator Murray has worked to marshal extensive federal resources to Tribes in Washington state for all manner of ecosystem and habitat restoration projects, many of them funded by the Bipartisan Infrastructure Law and Inflation Reduction Act she helped pass as Assistant Majority Leader.

Larsen has long been an advocate for Tribes in Northwest Washington. Larsen supported the Bipartisan Infrastructure Law, which invests more than $13 billion to directly support Tribal communities and makes Tribes eligible to apply for or request billions in discretionary, formula and other critical infrastructure funding. Recent BIL project funding announcements in Larsen's district include $10.9 million for the Lummi Nation to demolish and replace a pier at Fisherman's Cove Marina Dock at Gooseberry Point Waterfront, $8.5 million for the Stillaguamish Tribe's Red Cabin Creek Wildlife Overpass project on State Route 20, $4.98 million for the Tulalip Tribes to plan, design and construct improvements to the 4th Street and 88th Street NE crossings of I-5, and $1.24 million for the Nooksack Indian Tribe to remove a culvert in Jones Creek under a BNSF Railway line in Acme.

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