II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Tribal Access to Clean 

5 Water Act of 2021’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 

8 (1) access to reliable, clean, and drinkable 

9 water is an essential human need and critical to the 

10 public health, well-being, educational attainment, 


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1 and economic development of all communities in the 

2 United States; 

3 (2) many countries, along with the United Na4 tions, have recognized the urgency of the need to ac5 cess reliable, clean, and drinkable water by passing 

6 laws or resolutions relating to the human right to 

7 water and sanitation, including— 

8 (A) recognizing these water and sanitation 

9 needs exist among Indigenous peoples; and 

10 (B) establishing aggressive targets for 

11 achieving universal access to those basic serv12 ices; 

13 (3) in the United States, access to reliable, 

14 clean, and drinkable water has long been a signifi15 cant problem in many Native communities, such that 

16 nearly half of all households in those communities do 

17 not have access to reliable water sources, clean 

18 drinking water, or basic sanitation, and are signifi19 cantly more likely than White households to lack in20 door plumbing; 

21 (4) the trust responsibility of the Federal Gov22 ernment to Indian Tribes requires the Federal Gov23 ernment to ensure the survival and welfare of Indian 

24 Tribes, and the failure to provide basic water service 

25 cannot be reconciled with that trust responsibility; 


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1 (5) the ongoing COVID–19 pandemic has had 

2 a disproportionate impact on Native communities 

3 due to a multitude of factors, including— 

4 (A) persistent economic disadvantages; 

5 (B) racial inequity; and 

6 (C) lack of public health infrastructure, in7 cluding access to running water; 

8 (6) on January 27, 2021, President Biden 

9 issued Executive Order 14008 (86 Fed. Reg. 7619 

10 (February 1, 2021)), which provides that it is the 

11 policy of the Biden Administration to secure envi12 ronmental justice and spur economic opportunity for 

13 disadvantaged communities that have been histori14 cally marginalized and overburdened by pollution 

15 and underinvestment in housing, transportation, 

16 water and wastewater infrastructure, and health 

17 care; 

18 (7) advances in water technology, including 

19 treatment, sensors, and innovative pipeline mate20 rials, can assist in— 

21 (A) accelerating efforts to provide uni22 versal access to reliable, clean, and drinkable 

23 water for all Native communities; and 

24 (B) enhancing resilience in the face of cli25 mate change; 


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1 (8) the COVID–19 pandemic has been a stark 

2 reminder that access to reliable, clean, and drinkable 

3 water to support basic hygiene is a matter of life or 

4 death for all individuals in the United States; 

5 (9) it is in the interest of the United States, 

6 and it is the policy of the United States, that all ex7 isting Native communities be provided with safe and 

8 adequate water supply systems as soon as prac9 ticable; and 

10 (10) both appropriate funding at the level of 

11 unmet need and a ‘‘whole of government’’ approach 

12 among all Federal agencies are essential to provide 

13 a meaningful solution to the lack of access to clean 

14 water on Tribal lands. 

15 SEC. 3. DEFINITIONS. 

16 In this Act: 

17 (1) DIRECTOR.—The term ‘‘Director’’ means 

18 the Director of the Indian Health Service. 

19 (2) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

20 has the meaning given the term in section 4 of the 

21 Indian Self-Determination and Education Assistance 

22 Act (25 U.S.C. 5304). 

23 (3) NATIVE COMMUNITY.—The term ‘‘Native 

24 community’’ means— 

25 (A) an Indian Tribe; and 


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1 (B) a Native Hawaiian (as defined in sec2 tion 801 of the Native American Housing As3 sistance and Self-Determination Act of 1996 

4 (25 U.S.C. 4221)) community. 

5 (4) REPORT.—The term ‘‘Report’’ means the 

6 most recent annual report required to be submitted 

7 by the Secretary of Health and Human Services to 

8 the President under section 302(g) of the Indian 

9 Health Care Improvement Act (25 U.S.C. 1632(g)). 

10 (5) TRIBAL LAND.—The term ‘‘Tribal land’’ 

11 means— 

12 (A) any land located within the boundaries 

13 of— 

14 (i) an Indian reservation, pueblo, or 

15 rancheria; or 

16 (ii) a former reservation within Okla17 homa; 

18 (B) any land not located within the bound19 aries of an Indian reservation, pueblo, or 

20 rancheria, the title to which is held— 

21 (i) in trust by the United States for 

22 the benefit of an Indian Tribe or an indi23 vidual Indian; 

24 (ii) by an Indian Tribe or an indi25 vidual Indian, subject to restriction against 


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1 alienation under laws of the United States; 

2 or 

3 (iii) by a dependent Indian commu4 nity; 

5 (C) any land located within a region estab6 lished pursuant to section 7(a) of the Alaska 

7 Native Claims Settlement Act (43 U.S.C. 

8 1606(a)); 

9 (D) Hawaiian Home Lands (as defined in 

10 section 801 of the Native American Housing 

11 Assistance and Self-Determination Act of 1996 

12 (25 U.S.C. 4221)); and 

13 (E) those areas or communities designated 

14 by the Assistant Secretary of Indian Affairs of 

15 the Department of the Interior that are near, 

16 adjacent, or contiguous to reservations where fi17 nancial assistance and social service programs 

18 are provided to Indians because of their status 

19 as Indians. 

20 SEC. 4. INDIAN HEALTH SERVICE. 

21 (a) SANITATION FACILITIES CONSTRUCTION PRO22 GRAM FUNDING.— 

23 (1) APPROPRIATION.—In addition to amounts 

24 otherwise available, there is appropriated to the Sec25 retary of Health and Human Services, acting 


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1 through the Director (referred to in this section as 

2 the ‘‘Secretary’’), out of amounts in the Treasury 

3 not otherwise appropriated, $3,410,000,000 for the 

4 fiscal year ending September 30, 2021, to remain 

5 available until expended, for all activities authorized 

6 under section 302(b)(1) of the Indian Health Care 

7 Improvement Act (25 U.S.C. 1632(b)(1)), including 

8 the planning, design, construction, modernization, 

9 improvement, and renovation of water, sewer, and 

10 solid waste sanitation facilities: Provided, That the 

11 Secretary may retain up to 10 percent of the 

12 amounts appropriated under this paragraph for ad13 ministration of the Sanitation Facilities Construc14 tion Program and related management and staffing 

15 purposes. 

16 (2) PRIORITY FOR FUNDING.—In awarding 

17 funding for the planning, design, construction, mod18 ernization, improvement, and renovation of water, 

19 sewer, and solid waste sanitation facilities under 

20 paragraph (1), the Secretary shall prioritize sanita21 tion facilities with the highest deficiency level, as es22 tablished in the Report. 

23 (b) TECHNICAL ASSISTANCE FUNDING.—In addition 

24 to amounts otherwise available, there is appropriated to 

25 the Secretary, out of amounts in the Treasury not otherVerDate Sep 11 2014 05:20 Jul 16, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S2369.IS S2369

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1 wise appropriated, $150,000,000 for the fiscal year ending 

2 September 30, 2021, to remain available until expended, 

3 for technical assistance support in Native communities 

4 and for other activities authorized under section 302(b)(2) 

5 of the Indian Health Care Improvement Act (25 U.S.C. 

6 1632(b)(2)). 

7 (c) OPERATION AND MAINTENANCE FUNDING.— 

8 (1) APPROPRIATION.—In addition to amounts 

9 otherwise available, there is appropriated to the Sec10 retary, out of amounts in the Treasury not otherwise 

11 appropriated, $500,000,000 for the fiscal year end12 ing September 30, 2021, to remain available until 

13 expended, for the operation and maintenance of 

14 water facilities serving Native communities. 

15 (2) PRIORITY FOR FUNDING.—In awarding 

16 funding for the operation and maintenance of water 

17 facilities under paragraph (1), the Secretary shall 

18 prioritize water facilities the most in need of assist19 ance, as identified by the Operation and Mainte20 nance Capability Ratings of the Indian Health Serv21 ice. 

22 (3) FUTURE FUNDING.—On completion of an 

23 operation and maintenance of water facilities project 

24 described in paragraph (1), the Secretary shall, for 

25 not less than 5 years after the date on which the 


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1 project is completed and to the extent to which an2 nual appropriations are available, include the com3 pleted project as eligible for sustained funding sup4 port and guidance to ensure that the investments in 

5 the water facilities are adequately maintained and 

6 operated for the health and welfare of Native com7 munities served, ensuring that the infrastructure in8 vestment is protected and the intended economic 

9 benefit is realized. 

10 SEC. 5. DEPARTMENT OF AGRICULTURE RURAL DEVELOP11 MENT. 

12 (a) APPROPRIATION.—In addition to amounts other13 wise available, there is appropriated to the Secretary of 

14 Agriculture (referred to in this section as the ‘‘Sec15 retary’’), out of amounts in the Treasury not otherwise 

16 appropriated, $500,000,000 to make grants under sec17 tions 306C and 306D of the Consolidated Farm and Rural 

18 Development Act (7 U.S.C. 1926c, 1926d) to eligible enti19 ties described in subsection (b) to provide for the develop20 ment, use, and control of water (including the extension 

21 or improvement of existing water supply systems) in eligi22 ble entities the residents of which face significant health 

23 risks, as determined by the Secretary, due to a significant 

24 proportion of the residents of the eligible entity not having 


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1 access to, or not being served by, an adequate affordable 

2 water supply system. 

3 (b) ELIGIBLE ENTITIES.—An entity eligible to re4 ceive a grant using amounts appropriated by subsection 

5 (a)— 

6 (1) is a Native community; and 

7 (2) in the case of a grant under section 306D 

8 of the Consolidated Farm and Rural Development 

9 Act (7 U.S.C. 1926d), includes a consortium formed 

10 pursuant to section 325 of Public Law 105–83 (111 

11 Stat. 1597). 

12 (c) NO MATCHING CONTRIBUTION.—An eligible enti13 ty shall not be required to provide any matching contribu14 tion otherwise required by any other provision of law (in15 cluding regulations) with respect to a grant received by 

16 the eligible entity from amounts appropriated by sub17 section (a). 

18 (d) PRIORITY FOR FUNDING.—In awarding grants to 

19 eligible entities using amounts appropriated by subsection 

20 (a), the Secretary shall— 

21 (1) treat members of an eligible entity in the 

22 same manner as individuals who reside in a colonia 

23 for purposes of subsections (a)(2)(B) and (c)(2) of 

24 section 306C of the Consolidated Farm and Rural 

25 Development Act (7 U.S.C. 1926c); and 


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1 (2) award the grants without requiring an eligi2 ble entity or the members of an eligible entity to 

3 demonstrate an inability to finance the proposed 

4 project— 

5 (A) from the resources of the eligible entity 

6 or members; or 

7 (B) through commercial credit. 

8 (e) INTERAGENCY COLLABORATION.—The Secretary 

9 shall consult with the Director of the Indian Health Serv10 ice regarding agency collaboration, project prioritization, 

11 and staffing needs to ensure the amounts made available 

12 under this section are used in the most effective manner 

13 to promote access to water and sanitation. 

14 SEC. 6. BUREAU OF RECLAMATION. 

15 (a) RURAL WATER SUPPLY PROGRAM REAUTHOR16 IZATION.— 

17 (1) AUTHORIZATION OF APPROPRIATIONS.— 

18 Section 109(a) of the Rural Water Supply Act of 

19 2006 (43 U.S.C. 2408(a)) is amended by striking 

20 ‘‘2016’’ and inserting ‘‘2031’’. 

21 (2) TERMINATION OF AUTHORITY.—Section 

22 110 of the Rural Water Supply Act of 2006 (43 

23 U.S.C. 2409) is amended by striking ‘‘2016’’ and in24 serting ‘‘2031’’. 


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1 (b) BUREAU OF RECLAMATION RURAL WATER SUP2 PLY PROGRAM.— 

3 (1) DEFINITIONS.—In this subsection: 

4 (A) RECLAMATION STATE.—The term 

5 ‘‘Reclamation State’’ means a State described 

6 in the first section of the Act of June 17, 1902 

7 (43 U.S.C. 391; 32 Stat. 388, chapter 1093). 

8 (B) SECRETARY.—The term ‘‘Secretary’’ 

9 means the Secretary of the Interior, acting 

10 through the Commissioner of Reclamation. 

11 (2) COMPETITIVE GRANT PROGRAM FOR TRIBAL

12 CLEAN WATER ACCESS PROJECTS.— 

13 (A) ESTABLISHMENT.—In accordance with 

14 section 103 of the Rural Water Supply Act of 

15 2006 (43 U.S.C. 2402), the Secretary shall es16 tablish a competitive grant program under 

17 which an Indian Tribe shall be eligible to apply 

18 for a grant from the Secretary in an amount 

19 not to exceed 100 percent of the cost of plan20 ning, design, and construction of a project de21 termined by the Secretary to be eligible for 

22 funding under subparagraph (B). 

23 (B) ELIGIBILITY.—To be eligible for a 

24 grant under subparagraph (A), a project shall, 

25 as determined by the Secretary— 


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1 (i)(I) provide, increase, or enhance ac2 cess to safe drinking water for commu3 nities and households on Tribal land; or 

4 (II) address public health and safety 

5 concerns associated with access to safe 

6 drinking water; and 

7 (ii) be carried out in a Reclamation 

8 State. 

9 (C) PRIORITY.— 

10 (i) IN GENERAL.—In providing grants 

11 under subparagraph (A), the Secretary 

12 shall give priority to projects that meet 1 

13 or more of the following criteria: 

14 (I) A project that would provide 

15 potable water supplies to communities 

16 or households on Tribal land that do 

17 not have access to running water as of 

18 the date of the project application. 

19 (II) A project that would address 

20 an urgent and compelling public 

21 health or safety concern relating to 

22 access to safe drinking water for resi23 dents on Tribal land. 

24 (III) A project that would ad25 dress needs identified in the Report. 


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1 (IV) A project that is closer to 

2 being completed, or farther along in 

3 planning, design, or construction, as 

4 compared to other projects being con5 sidered for funding. 

6 (V) A project that would take ad7 vantage of the experience and tech8 nical expertise of the Bureau of Rec9 lamation in the planning, design, and 

10 construction of rural water projects, 

11 particularly with respect to a project 

12 that takes advantage of economies of 

13 scale. 

14 (VI) A project that would take 

15 advantage of local or regional partner16 ships that complement related efforts 

17 by Tribal, State, or Federal agencies 

18 to enhance access to drinking water or 

19 water sanitation services on Tribal 

20 land. 

21 (VII) A project that would lever22 age the resources or capabilities of 

23 other Tribal, State, or Federal agen24 cies to accelerate planning, design, 

25 and construction. 


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1 (VIII) A project that would pro2 vide multiple benefits, including— 

3 (aa) improved water supply 

4 reliability; 

5 (bb) public health improve6 ments; 

7 (cc) ecosystem benefits; 

8 (dd) groundwater manage9 ment and enhancements; and 

10 (ee) water quality improve11 ments. 

12 (ii) CONSULTATION.—In prioritizing 

13 projects for funding under clause (i), the 

14 Secretary— 

15 (I) shall consult with the Direc16 tor; and 

17 (II) may coordinate funding of 

18 projects under this paragraph with 

19 the Director, the Administrator of the 

20 Environmental Protection Agency, the 

21 Secretary of Agriculture, and the head 

22 of any other Federal agency in any 

23 manner that the Secretary determines 

24 would— 


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1 (aa) accelerate project plan2 ning, design, or construction; or 

3 (bb) otherwise take advan4 tage of the capabilities of, and 

5 resources potentially available 

6 from, other Federal sources. 

7 (3) FUNDING.— 

8 (A) IN GENERAL.—In addition to amounts 

9 otherwise available, there is appropriated to the 

10 Secretary, out of amounts in the Treasury not 

11 otherwise appropriated, $2,000,000,000 to 

12 carry out this subsection. 

13 (B) ADMINISTRATIVE EXPENSES; USE OF

14 FUNDS.—Of the amounts made available under 

15 subparagraph (A), the Secretary— 

16 (i) may use up to 2 percent for— 

17 (I) the administration of the 

18 rural water supply program estab19 lished under section 103 of the Rural 

20 Water Supply Act of 2006 (43 U.S.C. 

21 2402); and 

22 (II) related management and 

23 staffing expenses; and 

24 (ii) of the remaining amounts, shall 

25 make available— 


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1 (I) 50 percent for the rural water 

2 supply projects described in the report 

3 of the Bureau of Reclamation entitled 

4 ‘‘Assessment of Reclamation’s Rural 

5 Water Activities and Other Federal 

6 Programs That Provide Support on 

7 Potable Water Supplies to Rural 

8 Communities in the Western United 

9 States’’ and dated October 7, 2014, to 

10 remain available until expended; and 

11 (II) 50 percent to carry out the 

12 competitive grant program established 

13 under paragraph (2), to remain avail14 able until expended. 

15 (c) FUNDING FOR NATIVE AMERICAN AFFAIRS

16 TECHNICAL ASSISTANCE PROGRAM OF THE BUREAU OF

17 RECLAMATION.—In addition to amounts otherwise avail18 able, there is appropriated to the Secretary of the Interior, 

19 out of amounts in the Treasury not otherwise appro20 priated, $90,000,000 for use, in accordance with section 

21 201 of the Energy and Water Development Appropriations 

22 Act, 2003 (43 U.S.C. 373d), for the Native American Af23 fairs Technical Assistance Program of the Bureau of Rec24 lamation for the fiscal year ending September 30, 2021, 

25 to remain available until expended. 


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1 SEC. 7. DRINKING WATER AND CLEAN WATER STATE RE2 VOLVING FUNDS. 

3 (a) APPROPRIATION.—Notwithstanding any amounts 

4 reserved under section 518(c) of the Federal Water Pollu5 tion Control Act (33 U.S.C. 1377(c)) or section 1452(i)(1) 

6 of the Safe Drinking Water Act (42 U.S.C. 300j–12(i)(1)) 

7 and in addition to amounts otherwise made available, 

8 there is appropriated to the Administrator of the Environ9 mental Protection Agency (referred to in this section as 

10 the ‘‘Administrator’’) for the fiscal year ending September 

11 30, 2021, out of any amounts in the Treasury not other12 wise appropriated, to remain available until expended— 

13 (1) $100,000,000 for the purposes described in 

14 section 518(c)(3) of the Federal Water Pollution 

15 Control Act (33 U.S.C. 1377(c)(3)); and 

16 (2) $100,000,000 for the purposes described in 

17 section 1452(i) of the Safe Drinking Water Act (42 

18 U.S.C. 300j–12(i)). 

19 (b) USE OF FUNDS.— 

20 (1) TECHNICAL ASSISTANCE.—Of the amounts 

21 made available under subsection (a), the Adminis22 trator may use $5,000,000 to provide training, tech23 nical assistance, and educational programs to Native 

24 communities with respect to the operation and main25 tenance of treatment works (as defined in section 

26 212 of the Federal Water Pollution Control Act (33 


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1 U.S.C. 1292)) and public water systems (as defined 

2 in section 1401 of the Safe Drinking Water Act (42 

3 U.S.C. 300f)). 

4 (2) MANAGEMENT AND OVERSIGHT COSTS.—Of 

5 the amounts made available under subsection (a), 

6 the Administrator may use 2 percent for the man7 agement and oversight of Native community projects 

8 carried out using funds made available under that 

9 subsection. 

10 (c) REQUIREMENTS.— 

11 (1) OUTREACH.—The Administrator shall in12 crease efforts to promote Native community access 

13 to drinking water and wastewater services to ensure 

14 the most effective use of amounts made available 

15 under subsection (a), including by— 

16 (A) increasing direct communication with 

17 Native communities to better assess the needs 

18 of those Native communities; 

19 (B) providing clear information to Native 

20 communities with respect to funding avail21 ability; and 

22 (C) providing an option to receive funding 

23 under this section through a direct grant using 

24 the amounts made available under subsection 


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1 (a) or through an interagency agreement with 

2 the Indian Health Service. 

3 (2) INTERAGENCY COLLABORATION.—In car4 rying out this section, the Administrator shall con5 sult with the Director regarding agency collabora6 tion, project prioritization, and staffing needs to en7 sure that amounts made available under subsection 

8 (a) are used in the most effective manner to promote 

9 Native community access to drinking water and 

10 wastewater services. 

11 (d) TRANSFER OF FUNDS.—Nothing in this section 

12 affects the authority of the Administrator to transfer 

13 funds made available under subsection (a) among the ac14 counts for— 

15 (1) the program established under section 518 

16 of the Federal Water Pollution Control Act (33 

17 U.S.C. 1377); and 

18 (2) the program established under section 

19 1452(i) of the Safe Drinking Water Act (42 U.S.C. 

20 300j–12(i)). 

Æ 


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