[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 355 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. RES. 355
Recognizing the critical importance of access to reliable, clean
drinking water for Native Americans and affirming the responsibility of
the Federal Government to ensure such water access.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 21, 2023
Mr. Bennet (for himself, Mr. Padilla, Mr. Schatz, Mr. Wyden, Ms.
Warren, Mr. Merkley, Ms. Duckworth, Mr. Hickenlooper, Mrs. Murray, Mr.
Booker, Mr. Tester, Mr. Kelly, Mr. Lujan, Mr. King, Mr. Heinrich, and
Ms. Cantwell) submitted the following resolution; which was referred to
the Committee on Indian Affairs
_______________________________________________________________________
RESOLUTION
Recognizing the critical importance of access to reliable, clean
drinking water for Native Americans and affirming the responsibility of
the Federal Government to ensure such water access.
Whereas access to reliable, clean drinking water is an essential human need that
is critical to the public health, well-being, educational attainment,
and economic development of all communities in the United States;
Whereas many countries, along with the United Nations, have recognized the
urgency of water access by passing laws or resolutions relating to the
human right to water, including recognition of this right among
indigenous peoples and establishing aggressive targets for achieving
universal access to this basic right;
Whereas, in the United States, access to reliable, clean drinking water has long
been a significant problem in many Native communities, such that nearly
\1/2\ of all Native households in the continental United States still do
not have access to reliable water sources or clean drinking water, and
Native households are significantly more likely than White households to
lack indoor plumbing;
Whereas reliable, clean drinking water may be unavailable to Native households
for many reasons, including because--
(1) there is no piped water system connecting to the house;
(2) the water available to the household does not meet minimum
protective standards;
(3) the water infrastructure is deteriorating or insufficient; or
(4) Indian Tribes, Alaska Native Villages, and Native Hawaiian
communities are unable to support the operation and maintenance needs of
existing water infrastructure;
Whereas many Native communities have significant unresolved claims for federally
reserved water rights, many of which have been unresolved for decades
and which may not be resolved for many years to come, due in part to the
complex and significant issues typically involved in water rights
adjudication and settlements;
Whereas the development of water infrastructure on Federal Indian reservations,
in particular, has frequently been conditioned on the settlement of
Tribal reserved water rights and has been prevented or delayed by--
(1) continuing uncertainty over the status of Tribal water rights;
(2) the years-long process of Tribal water rights settlements; or
(3) conflict over the quantification of Tribal reserved water rights in
State water rights adjudications;
Whereas the quantity of water that would be required to supply reliable, clean
drinking water to provide for the basic needs of each Native community
is typically only a small fraction of the total quantity water allocated
to the Native community;
Whereas the trust responsibility of the Federal Government to Indian Tribes,
Alaska Native Villages, and Native Hawaiian communities requires the
Federal Government to ensure the survival and welfare of Native
Americans, and the failure to provide basic water service cannot be
reconciled with this trust responsibility;
Whereas the Indian Self-Determination and Education Assistance Act (25 U.S.C.
5301 et seq.) affirmed the trust responsibility of the Federal
Government to support Tribal self-governance and self-determination, and
these goals cannot be fully realized without addressing inequities,
including ensuring access to reliable, clean drinking water for every
Tribal community;
Whereas the COVID-19 pandemic provided a stark reminder that access to reliable,
clean drinking water to support basic hygiene is a matter of life or
death for all individuals of the United States and Native communities
suffer disproportionate impacts during epidemics and disasters due to a
multitude of factors, including--
(1) persistent economic disadvantages on Federal Indian reservations,
in Alaska Native Villages, and in Native Hawaiian communities;
(2) lack of on-reservation affordable and safe housing; and
(3) lack of public health infrastructure, including access to running
water;
Whereas, on January 27, 2021, President Biden issued Executive Order 14008 (86
Fed. Reg. 7619; relating to tackling the climate crisis), 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;
Whereas, through the bipartisan Infrastructure Investment and Jobs Act (Public
Law 117-58; 135 Stat. 429) (referred to in this preamble as ``IIJA'')
and the Inflation Reduction Act of 2022 (Public Law 117-169; 136 Stat.
1818) (referred to in this preamble as ``IRA''), Congress has provided
funding for the Indian Health Service, the Environmental Protection
Agency, and the Bureau of Reclamation to support the construction and
repair of Tribal clean water infrastructure, but inadequate resources
are available to Tribes to assist them with accessing these construction
and repair funding programs, and to support Tribal operation and
maintenance of water infrastructure, which is necessary to successfully
implement the historic investment in clean water infrastructure;
Whereas many Native communities need technical assistance to ensure that the
Native communities can--
(1) access and take advantage of the new construction funding made
available through the IIJA and IRA;
(2) develop the managerial, financial, and regulatory framework
necessary for a fully functional and self-sustaining utility; and
(3) engage appropriate outside support to assist, as needed;
Whereas advances in water technology, including treatment, sensors, and
innovative pipeline materials, can assist in--
(1) accelerating efforts to provide universal access to reliable,
clean, and drinkable water for all Native communities; and
(2) enhancing resilience in the face of climate change;
Whereas 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
Whereas appropriate funding at the level of unmet need and a ``whole-of-
government'' approach among all Federal agencies are both essential to
provide a meaningful solution to the lack of access to clean water in
Native communities: Now, therefore, be it
Resolved, That--
(1) it is the sense of the Senate that--
(A) access to reliable, clean drinking water is an
essential human need, and such access on Federal Indian
reservations, Alaska Native villages, and in Native
Hawaiian communities is--
(i) critical to the health, well-being, and
economic development of the individuals living
on those lands and in those communities; and
(ii) integral to maintaining the public
health of the people of the United States;
(B) settlement or adjudication of Tribal claims of
reserved water rights is not and should not be a
prerequisite to the provision of this basic human
service to households located in Native communities,
nor should the provision of basic human services be
used to leverage the resolution of Tribal reserved
water rights and claims;
(C) the provision of reliable, clean drinking water
to support the domestic requirements of Indian Tribes,
Alaska Native Villages, and Native Hawaiian communities
is an essential component of the Federal trust
responsibility to Native Americans and critical to
supporting permanent homelands;
(D) while funding for safe drinking water systems
for Native communities received a significant and
groundbreaking boost from the Infrastructure Investment
and Jobs Act (Public Law 117-58; 135 Stat. 429)
(referred to in this resolution as ``IIJA'') and the
Inflation Reduction Act of 2022 (Public Law 117-169;
136 Stat. 1818) (referred to in this resolution as
``IRA''), the funding made available for construction
and repair of domestic water systems in Native
communities is not a complete solution;
(E) technical assistance is urgently needed to
allow Native communities to plan and design the systems
necessary to remedy the longstanding problem of lack of
access to clean drinking water and bring those plans to
the ``shovel ready'' stage where Native communities can
take advantage of available construction funding;
(F) Native communities need support to develop the
managerial, financial, and regulatory capacity
necessary for a fully functional and self-sustaining
utility and to support the operation and maintenance of
water systems; and
(G) further measures are necessary to ensure that
the benefits of the historic investments made by the
IIJA and IRA in infrastructure are fully realized; and
(2) the Senate--
(A) calls upon the Federal executive branch to--
(i) work in collaboration with the relevant
Native governmental entities and State and
local jurisdictions to expedite the planning,
design, development, and operation of the
infrastructure necessary to provide reliable,
clean drinking water on Federal Indian
reservations, in Alaska Native Villages, and in
Native Hawaiian communities; and
(ii) inform Congress of further
authorizations and expenditures that may be
necessary to meet the objective described in
clause (i);
(B) calls upon the Federal executive branch to--
(i) employ a ``whole-of-government''
approach to ensure the provision of reliable,
clean drinking water to households on Federal
Indian reservations, in Alaska Native villages,
and in Native Hawaiian communities;
(ii) create an interagency task force
consisting of high-level representatives from
departments and agencies with authority to
provide water infrastructure that will work to
remove barriers, optimize funding, and make
immediate and tangible progress on meeting the
objective described in clause (i); and
(iii) report annually to Congress on the
progress toward the objective described in
clause (i); and
(C) calls upon the Federal executive branch, State
governments, and affected water agencies to--
(i) affirmatively support de-coupling the
planning, design, development, and operation of
water infrastructure from the settlement or
adjudication of Tribal reserved water rights;
and
(ii) support the development of water
infrastructure necessary to provide reliable,
clean drinking water in Native communities
independent of settlements or adjudications of
Tribal reserved water rights.
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