[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2385 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 2385
To provide access to reliable, clean, and drinkable water on Tribal
lands, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 19, 2023
Mr. Bennet (for himself, Mr. Heinrich, Mr. Hickenlooper, Ms. Warren,
Mr. Wyden, Mr. King, Mr. Padilla, and Mr. Sanders) 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
2023''.
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 COVID-19 pandemic had, and continues to have, 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 (42 U.S.C. 4321 note; relating to tackling the
climate crisis at home and abroad), 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) through the bipartisan Infrastructure Investment and
Jobs Act (Public Law 117-58; 135 Stat. 429), Congress provided
funding for the Indian Health Service and the Environmental
Protection Agency to support the construction and repair of
Tribal clean water infrastructure, but inadequate resources are
available to Indian Tribes to assist with accessing those
construction and repair funding programs and to support the
operation and maintenance of water infrastructure;
(8) filling the gaps in funding described in paragraph (7)
is necessary to successfully implement the historic investment
in clean water infrastructure in Native communities;
(9) technical assistance to Indian Tribes is necessary to
ensure that Indian Tribes are able--
(A) to access and take advantage of the new funding
described in paragraph (7);
(B) to develop the managerial, financial, and
regulatory framework necessary for a fully functional
and self-sustaining utility; and
(C) to engage appropriate outside consultants to
assist as needed;
(10) 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;
(11) 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;
(12) 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
(13) 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) 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).
(2) Native community.--The term ``Native community''
means--
(A) an Indian Tribe; and
(B) a Native Hawaiian community.
(3) Native hawaiian.--The term ``Native Hawaiian'' has the
meaning given the term in section 801 of the Native American
Housing Assistance and Self-Determination Act of 1996 (25
U.S.C. 4221).
(4) Technical assistance.--The term ``technical
assistance'' means any contracted or governmental expertise--
(A) to facilitate Native community access to repair
and construction funding for clean water facilities
made available through the Infrastructure Investment
and Jobs Act (Public Law 117-58; 135 Stat. 429) or the
rural development mission area of the Department of
Agriculture; and
(B) to support Native communities in developing the
managerial, financial, and regulatory capacity
necessary for a fully functional and self-sustaining
utility.
SEC. 4. DEPARTMENT OF AGRICULTURE RURAL DEVELOPMENT.
(a) Extension of Authority for Grants and Loans.--In addition to
the purposes for which grants and loans may be provided under sections
306C and 306D of the Consolidated Farm and Rural Development Act (7
U.S.C. 1926c, 1926d), the Secretary of Agriculture (referred to in this
section as the ``Secretary'') may make or insure loans and make grants
to eligible entities described in subsection (c) for technical
assistance.
(b) Authorization of Appropriations.--In addition to amounts
otherwise available, there are authorized to be appropriated to the
Secretary for each of fiscal years 2024 through 2028--
(1) $100,000,000, to remain available until expended, to
make or insure loans and make grants under sections 306C and
306D of the Consolidated Farm and Rural Development Act (7
U.S.C. 1926c, 1926d), and for the additional purposes described
in subsection (a), to eligible entities described in subsection
(c) to provide for the development, use, and control of water
(including the extension or improvement of existing water
supply systems); and
(2) $30,000,000, to remain available until expended, for
eligible entities described in subsection (c) to contract for
technical assistance.
(c) Eligible Entities.--An entity eligible to receive a grant or an
award of financial or technical assistance using amounts appropriated
under paragraph (1) or (2) of subsection (b) or amounts otherwise
available under sections 306C and 306D of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1926c, 1926d)--
(1) is a Native community; and
(2) in the case of a grant under section 306D of that Act
(7 U.S.C. 1926d), includes a consortium formed pursuant to
section 325 of Public Law 105-83 (111 Stat. 1597).
(d) No Matching Contribution.--The funds made available under
subsection (b) shall not require any matching contribution otherwise
required by any other provision of law (including regulations).
(e) Priority for Funding.--In making or insuring loans or making
grants to eligible entities using amounts appropriated under subsection
(b), 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) make or insure the loans or make 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.
(f) 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 appropriated under subsection (b) are used in the most
effective manner to promote access to water and sanitation.
SEC. 5. INDIAN HEALTH SERVICE.
(a) Definition of Secretary.--In this section, the term
``Secretary'' means the Secretary of Health and Human Services, acting
through the Director of the Indian Health Service.
(b) Sanitation Facilities Construction Program.--For purposes of
section 7(a)(1) of the Act of August 5, 1954 (42 U.S.C. 2004a(a)(1)),
``Indian homes, communities, and lands'' for which the Secretary has
authority to construct, improve, extend, or otherwise provide and
maintain, by contract or otherwise, essential sanitation facilities,
including domestic and community water supplies and facilities,
drainage facilities, and sewage-disposal and waste-disposal facilities
under that section shall include community structures that are
essential to the life of a Native community and provide indispensable
educational, economic, and community services, such as schools,
hospitals, nursing homes, teachers' homes, Tribal offices, and post
offices.
(c) Authorization of Appropriations.--In addition to amounts
otherwise available, there is authorized to be appropriated to the
Secretary $20,000,000 for each of fiscal years 2024 through 2028, to
remain available until expended, to construct, improve, extend, or
otherwise provide and maintain essential sanitation facilities,
including domestic and community water supplies and facilities,
drainage facilities, and sewage-disposal and waste-disposal facilities,
for community structures described in subsection (b).
(d) Technical Assistance Funding.--In addition to amounts otherwise
available, there is authorized to be appropriated to the Secretary
$30,000,000 for each of fiscal years 2024 through 2028, to remain
available until expended, for Indian Tribes and Native communities to
enter into contracts for--
(1) technical assistance; and
(2) activities authorized under section 302(b)(2) of the
Indian Health Care Improvement Act (25 U.S.C. 1632(b)(2)).
(e) Operation and Maintenance Funding.--
(1) In general.--The Secretary may provide financial
assistance for the operation and maintenance of water
facilities serving Native communities.
(2) Authorization of appropriations.--In addition to
amounts otherwise available, there is authorized to be
appropriated to the Secretary $100,000,000 for each of fiscal
years 2024 through 2028, to remain available until expended,
for the operation and maintenance of water facilities serving
Native communities under paragraph (1).
(3) Priority for funding.--In awarding funding for the
operation and maintenance of water facilities under paragraph
(1), the Secretary shall prioritize water facilities that the
Secretary determines to be the most in need of assistance.
(4) Future funding.--For not less than 5 fiscal years after
the date on which an operation and maintenance of water
facilities project described in paragraph (1) is completed, to
the extent to which annual appropriations are available, the
Secretary shall include the completed water facilities project
as eligible for sustained funding support and guidance to
ensure that--
(A) the investments in the water facilities are
adequately maintained and operated for the health and
welfare of Native communities served;
(B) the infrastructure investment is protected; and
(C) the intended economic benefit is realized.
SEC. 6. FUNDING FOR NATIVE AMERICAN AFFAIRS TECHNICAL ASSISTANCE
PROGRAM OF THE BUREAU OF RECLAMATION.
In addition to amounts otherwise available, there is authorized to
be appropriated to the Secretary of the Interior $18,000,000 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
each of fiscal years 2024 through 2028, to remain available until
expended.
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