[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2369 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 2369
To provide access to reliable, clean, and drinkable water on Tribal
lands, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 15, 2021
Mr. Bennet (for himself and Mr. Heinrich) introduced the following
bill; which was read twice and referred to the Committee on Indian
Affairs
_______________________________________________________________________
A BILL
To provide access to reliable, clean, and drinkable water on Tribal
lands, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tribal Access to Clean Water Act of
2021''.
SEC. 2. FINDINGS.
Congress finds that--
(1) access to reliable, clean, and drinkable water is an
essential human need and critical to the public health, well-
being, educational attainment, and economic development of all
communities in the United States;
(2) many countries, along with the United Nations, have
recognized the urgency of the need to access reliable, clean,
and drinkable water by passing laws or resolutions relating to
the human right to water and sanitation, including--
(A) recognizing these water and sanitation needs
exist among Indigenous peoples; and
(B) establishing aggressive targets for achieving
universal access to those basic services;
(3) in the United States, access to reliable, clean, and
drinkable water has long been a significant problem in many
Native communities, such that nearly half of all households in
those communities do not have access to reliable water sources,
clean drinking water, or basic sanitation, and are
significantly more likely than White households to lack indoor
plumbing;
(4) the trust responsibility of the Federal Government to
Indian Tribes requires the Federal Government to ensure the
survival and welfare of Indian Tribes, and the failure to
provide basic water service cannot be reconciled with that
trust responsibility;
(5) the ongoing COVID-19 pandemic has had a
disproportionate impact on Native communities due to a
multitude of factors, including--
(A) persistent economic disadvantages;
(B) racial inequity; and
(C) lack of public health infrastructure, including
access to running water;
(6) on January 27, 2021, President Biden issued Executive
Order 14008 (86 Fed. Reg. 7619 (February 1, 2021)), which
provides that it is the policy of the Biden Administration to
secure environmental justice and spur economic opportunity for
disadvantaged communities that have been historically
marginalized and overburdened by pollution and underinvestment
in housing, transportation, water and wastewater
infrastructure, and health care;
(7) advances in water technology, including treatment,
sensors, and innovative pipeline materials, can assist in--
(A) accelerating efforts to provide universal
access to reliable, clean, and drinkable water for all
Native communities; and
(B) enhancing resilience in the face of climate
change;
(8) the COVID-19 pandemic has been a stark reminder that
access to reliable, clean, and drinkable water to support basic
hygiene is a matter of life or death for all individuals in the
United States;
(9) it is in the interest of the United States, and it is
the policy of the United States, that all existing Native
communities be provided with safe and adequate water supply
systems as soon as practicable; and
(10) both appropriate funding at the level of unmet need
and a ``whole of government'' approach among all Federal
agencies are essential to provide a meaningful solution to the
lack of access to clean water on Tribal lands.
SEC. 3. DEFINITIONS.
In this Act:
(1) Director.--The term ``Director'' means the Director of
the Indian Health Service.
(2) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(3) Native community.--The term ``Native community''
means--
(A) an Indian Tribe; and
(B) a Native Hawaiian (as defined in section 801 of
the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4221)) community.
(4) Report.--The term ``Report'' means the most recent
annual report required to be submitted by the Secretary of
Health and Human Services to the President under section 302(g)
of the Indian Health Care Improvement Act (25 U.S.C. 1632(g)).
(5) Tribal land.--The term ``Tribal land'' means--
(A) any land located within the boundaries of--
(i) an Indian reservation, pueblo, or
rancheria; or
(ii) a former reservation within Oklahoma;
(B) any land not located within the boundaries of
an Indian reservation, pueblo, or rancheria, the title
to which is held--
(i) in trust by the United States for the
benefit of an Indian Tribe or an individual
Indian;
(ii) by an Indian Tribe or an individual
Indian, subject to restriction against
alienation under laws of the United States; or
(iii) by a dependent Indian community;
(C) any land located within a region established
pursuant to section 7(a) of the Alaska Native Claims
Settlement Act (43 U.S.C. 1606(a));
(D) Hawaiian Home Lands (as defined in section 801
of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4221)); and
(E) those areas or communities designated by the
Assistant Secretary of Indian Affairs of the Department
of the Interior that are near, adjacent, or contiguous
to reservations where financial assistance and social
service programs are provided to Indians because of
their status as Indians.
SEC. 4. INDIAN HEALTH SERVICE.
(a) Sanitation Facilities Construction Program Funding.--
(1) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Secretary of Health and
Human Services, acting through the Director (referred to in
this section as the ``Secretary''), out of amounts in the
Treasury not otherwise appropriated, $3,410,000,000 for the
fiscal year ending September 30, 2021, to remain available
until expended, for all activities authorized under section
302(b)(1) of the Indian Health Care Improvement Act (25 U.S.C.
1632(b)(1)), including the planning, design, construction,
modernization, improvement, and renovation of water, sewer, and
solid waste sanitation facilities: Provided, That the Secretary
may retain up to 10 percent of the amounts appropriated under
this paragraph for administration of the Sanitation Facilities
Construction Program and related management and staffing
purposes.
(2) Priority for funding.--In awarding funding for the
planning, design, construction, modernization, improvement, and
renovation of water, sewer, and solid waste sanitation
facilities under paragraph (1), the Secretary shall prioritize
sanitation facilities with the highest deficiency level, as
established in the Report.
(b) Technical Assistance Funding.--In addition to amounts otherwise
available, there is appropriated to the Secretary, out of amounts in
the Treasury not otherwise appropriated, $150,000,000 for the fiscal
year ending September 30, 2021, to remain available until expended, for
technical assistance support in Native communities and for other
activities authorized under section 302(b)(2) of the Indian Health Care
Improvement Act (25 U.S.C. 1632(b)(2)).
(c) Operation and Maintenance Funding.--
(1) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Secretary, out of
amounts in the Treasury not otherwise appropriated,
$500,000,000 for the fiscal year ending September 30, 2021, to
remain available until expended, for the operation and
maintenance of water facilities serving Native communities.
(2) Priority for funding.--In awarding funding for the
operation and maintenance of water facilities under paragraph
(1), the Secretary shall prioritize water facilities the most
in need of assistance, as identified by the Operation and
Maintenance Capability Ratings of the Indian Health Service.
(3) Future funding.--On completion of an operation and
maintenance of water facilities project described in paragraph
(1), the Secretary shall, for not less than 5 years after the
date on which the project is completed and to the extent to
which annual appropriations are available, include the
completed project as eligible for sustained funding support and
guidance to ensure that the investments in the water facilities
are adequately maintained and operated for the health and
welfare of Native communities served, ensuring that the
infrastructure investment is protected and the intended
economic benefit is realized.
SEC. 5. DEPARTMENT OF AGRICULTURE RURAL DEVELOPMENT.
(a) Appropriation.--In addition to amounts otherwise available,
there is appropriated to the Secretary of Agriculture (referred to in
this section as the ``Secretary''), out of amounts in the Treasury not
otherwise appropriated, $500,000,000 to make grants under sections 306C
and 306D of the Consolidated Farm and Rural Development Act (7 U.S.C.
1926c, 1926d) to eligible entities described in subsection (b) to
provide for the development, use, and control of water (including the
extension or improvement of existing water supply systems) in eligible
entities the residents of which face significant health risks, as
determined by the Secretary, due to a significant proportion of the
residents of the eligible entity not having access to, or not being
served by, an adequate affordable water supply system.
(b) Eligible Entities.--An entity eligible to receive a grant using
amounts appropriated by subsection (a)--
(1) is a Native community; and
(2) in the case of a grant under section 306D of the
Consolidated Farm and Rural Development Act (7 U.S.C. 1926d),
includes a consortium formed pursuant to section 325 of Public
Law 105-83 (111 Stat. 1597).
(c) No Matching Contribution.--An eligible entity shall not be
required to provide any matching contribution otherwise required by any
other provision of law (including regulations) with respect to a grant
received by the eligible entity from amounts appropriated by subsection
(a).
(d) Priority for Funding.--In awarding grants to eligible entities
using amounts appropriated by subsection (a), the Secretary shall--
(1) treat members of an eligible entity in the same manner
as individuals who reside in a colonia for purposes of
subsections (a)(2)(B) and (c)(2) of section 306C of the
Consolidated Farm and Rural Development Act (7 U.S.C. 1926c);
and
(2) award the grants without requiring an eligible entity
or the members of an eligible entity to demonstrate an
inability to finance the proposed project--
(A) from the resources of the eligible entity or
members; or
(B) through commercial credit.
(e) Interagency Collaboration.--The Secretary shall consult with
the Director of the Indian Health Service regarding agency
collaboration, project prioritization, and staffing needs to ensure the
amounts made available under this section are used in the most
effective manner to promote access to water and sanitation.
SEC. 6. BUREAU OF RECLAMATION.
(a) Rural Water Supply Program Reauthorization.--
(1) Authorization of appropriations.--Section 109(a) of the
Rural Water Supply Act of 2006 (43 U.S.C. 2408(a)) is amended
by striking ``2016'' and inserting ``2031''.
(2) Termination of authority.--Section 110 of the Rural
Water Supply Act of 2006 (43 U.S.C. 2409) is amended by
striking ``2016'' and inserting ``2031''.
(b) Bureau of Reclamation Rural Water Supply Program.--
(1) Definitions.--In this subsection:
(A) Reclamation state.--The term ``Reclamation
State'' means a State described in the first section of
the Act of June 17, 1902 (43 U.S.C. 391; 32 Stat. 388,
chapter 1093).
(B) Secretary.--The term ``Secretary'' means the
Secretary of the Interior, acting through the
Commissioner of Reclamation.
(2) Competitive grant program for tribal clean water access
projects.--
(A) Establishment.--In accordance with section 103
of the Rural Water Supply Act of 2006 (43 U.S.C. 2402),
the Secretary shall establish a competitive grant
program under which an Indian Tribe shall be eligible
to apply for a grant from the Secretary in an amount
not to exceed 100 percent of the cost of planning,
design, and construction of a project determined by the
Secretary to be eligible for funding under subparagraph
(B).
(B) Eligibility.--To be eligible for a grant under
subparagraph (A), a project shall, as determined by the
Secretary--
(i)(I) provide, increase, or enhance access
to safe drinking water for communities and
households on Tribal land; or
(II) address public health and safety
concerns associated with access to safe
drinking water; and
(ii) be carried out in a Reclamation State.
(C) Priority.--
(i) In general.--In providing grants under
subparagraph (A), the Secretary shall give
priority to projects that meet 1 or more of the
following criteria:
(I) A project that would provide
potable water supplies to communities
or households on Tribal land that do
not have access to running water as of
the date of the project application.
(II) A project that would address
an urgent and compelling public health
or safety concern relating to access to
safe drinking water for residents on
Tribal land.
(III) A project that would address
needs identified in the Report.
(IV) A project that is closer to
being completed, or farther along in
planning, design, or construction, as
compared to other projects being
considered for funding.
(V) A project that would take
advantage of the experience and
technical expertise of the Bureau of
Reclamation in the planning, design,
and construction of rural water
projects, particularly with respect to
a project that takes advantage of
economies of scale.
(VI) A project that would take
advantage of local or regional
partnerships that complement related
efforts by Tribal, State, or Federal
agencies to enhance access to drinking
water or water sanitation services on
Tribal land.
(VII) A project that would leverage
the resources or capabilities of other
Tribal, State, or Federal agencies to
accelerate planning, design, and
construction.
(VIII) A project that would provide
multiple benefits, including--
(aa) improved water supply
reliability;
(bb) public health
improvements;
(cc) ecosystem benefits;
(dd) groundwater management
and enhancements; and
(ee) water quality
improvements.
(ii) Consultation.--In prioritizing
projects for funding under clause (i), the
Secretary--
(I) shall consult with the
Director; and
(II) may coordinate funding of
projects under this paragraph with the
Director, the Administrator of the
Environmental Protection Agency, the
Secretary of Agriculture, and the head
of any other Federal agency in any
manner that the Secretary determines
would--
(aa) accelerate project
planning, design, or
construction; or
(bb) otherwise take
advantage of the capabilities
of, and resources potentially
available from, other Federal
sources.
(3) Funding.--
(A) In general.--In addition to amounts otherwise
available, there is appropriated to the Secretary, out
of amounts in the Treasury not otherwise appropriated,
$2,000,000,000 to carry out this subsection.
(B) Administrative expenses; use of funds.--Of the
amounts made available under subparagraph (A), the
Secretary--
(i) may use up to 2 percent for--
(I) the administration of the rural
water supply program established under
section 103 of the Rural Water Supply
Act of 2006 (43 U.S.C. 2402); and
(II) related management and
staffing expenses; and
(ii) of the remaining amounts, shall make
available--
(I) 50 percent for the rural water
supply projects described in the report
of the Bureau of Reclamation entitled
``Assessment of Reclamation's Rural
Water Activities and Other Federal
Programs That Provide Support on
Potable Water Supplies to Rural
Communities in the Western United
States'' and dated October 7, 2014, to
remain available until expended; and
(II) 50 percent to carry out the
competitive grant program established
under paragraph (2), to remain
available until expended.
(c) Funding for Native American Affairs Technical Assistance
Program of the Bureau of Reclamation.--In addition to amounts otherwise
available, there is appropriated to the Secretary of the Interior, out
of amounts in the Treasury not otherwise appropriated, $90,000,000 for
use, in accordance with section 201 of the Energy and Water Development
Appropriations Act, 2003 (43 U.S.C. 373d), for the Native American
Affairs Technical Assistance Program of the Bureau of Reclamation for
the fiscal year ending September 30, 2021, to remain available until
expended.
SEC. 7. DRINKING WATER AND CLEAN WATER STATE REVOLVING FUNDS.
(a) Appropriation.--Notwithstanding any amounts reserved under
section 518(c) of the Federal Water Pollution Control Act (33 U.S.C.
1377(c)) or section 1452(i)(1) of the Safe Drinking Water Act (42
U.S.C. 300j-12(i)(1)) and in addition to amounts otherwise made
available, there is appropriated to the Administrator of the
Environmental Protection Agency (referred to in this section as the
``Administrator'') for the fiscal year ending September 30, 2021, out
of any amounts in the Treasury not otherwise appropriated, to remain
available until expended--
(1) $100,000,000 for the purposes described in section
518(c)(3) of the Federal Water Pollution Control Act (33 U.S.C.
1377(c)(3)); and
(2) $100,000,000 for the purposes described in section
1452(i) of the Safe Drinking Water Act (42 U.S.C. 300j-12(i)).
(b) Use of Funds.--
(1) Technical assistance.--Of the amounts made available
under subsection (a), the Administrator may use $5,000,000 to
provide training, technical assistance, and educational
programs to Native communities with respect to the operation
and maintenance of treatment works (as defined in section 212
of the Federal Water Pollution Control Act (33 U.S.C. 1292))
and public water systems (as defined in section 1401 of the
Safe Drinking Water Act (42 U.S.C. 300f)).
(2) Management and oversight costs.--Of the amounts made
available under subsection (a), the Administrator may use 2
percent for the management and oversight of Native community
projects carried out using funds made available under that
subsection.
(c) Requirements.--
(1) Outreach.--The Administrator shall increase efforts to
promote Native community access to drinking water and
wastewater services to ensure the most effective use of amounts
made available under subsection (a), including by--
(A) increasing direct communication with Native
communities to better assess the needs of those Native
communities;
(B) providing clear information to Native
communities with respect to funding availability; and
(C) providing an option to receive funding under
this section through a direct grant using the amounts
made available under subsection (a) or through an
interagency agreement with the Indian Health Service.
(2) Interagency collaboration.--In carrying out this
section, the Administrator shall consult with the Director
regarding agency collaboration, project prioritization, and
staffing needs to ensure that amounts made available under
subsection (a) are used in the most effective manner to promote
Native community access to drinking water and wastewater
services.
(d) Transfer of Funds.--Nothing in this section affects the
authority of the Administrator to transfer funds made available under
subsection (a) among the accounts for--
(1) the program established under section 518 of the
Federal Water Pollution Control Act (33 U.S.C. 1377); and
(2) the program established under section 1452(i) of the
Safe Drinking Water Act (42 U.S.C. 300j-12(i)).
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