III 

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. LUJA ́N, 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, wellbeing, 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, 

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•SRES 355 IS 

ples 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— 


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•SRES 355 IS 

(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— 


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•SRES 355 IS 

(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— 


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•SRES 355 IS 

(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 

1 Resolved, That— 

2 (1) it is the sense of the Senate that— 

3 (A) access to reliable, clean drinking water 

4 is an essential human need, and such access on 

5 Federal Indian reservations, Alaska Native vil6 lages, and in Native Hawaiian communities is— 


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•SRES 355 IS 

1 (i) critical to the health, well-being, 

2 and economic development of the individ3 uals living on those lands and in those 

4 communities; and 

5 (ii) integral to maintaining the public 

6 health of the people of the United States; 

7 (B) settlement or adjudication of Tribal 

8 claims of reserved water rights is not and 

9 should not be a prerequisite to the provision of 

10 this basic human service to households located 

11 in Native communities, nor should the provision 

12 of basic human services be used to leverage the 

13 resolution of Tribal reserved water rights and 

14 claims; 

15 (C) the provision of reliable, clean drinking 

16 water to support the domestic requirements of 

17 Indian Tribes, Alaska Native Villages, and Na18 tive Hawaiian communities is an essential com19 ponent of the Federal trust responsibility to 

20 Native Americans and critical to supporting 

21 permanent homelands; 

22 (D) while funding for safe drinking water 

23 systems for Native communities received a sig24 nificant and groundbreaking boost from the In25 frastructure Investment and Jobs Act (Public 


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•SRES 355 IS 

1 Law 117–58; 135 Stat. 429) (referred to in this 

2 resolution as ‘‘IIJA’’) and the Inflation Reduc3 tion Act of 2022 (Public Law 117–169; 136 

4 Stat. 1818) (referred to in this resolution as 

5 ‘‘IRA’’), the funding made available for con6 struction and repair of domestic water systems 

7 in Native communities is not a complete solu8 tion; 

9 (E) technical assistance is urgently needed 

10 to allow Native communities to plan and design 

11 the systems necessary to remedy the long12 standing problem of lack of access to clean 

13 drinking water and bring those plans to the 

14 ‘‘shovel ready’’ stage where Native communities 

15 can take advantage of available construction 

16 funding; 

17 (F) Native communities need support to 

18 develop the managerial, financial, and regu19 latory capacity necessary for a fully functional 

20 and self-sustaining utility and to support the 

21 operation and maintenance of water systems; 

22 and 

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1 ments made by the IIJA and IRA in infrastruc2 ture are fully realized; and 

3 (2) the Senate— 

4 (A) calls upon the Federal executive 

5 branch to— 

6 (i) work in collaboration with the rel7 evant Native governmental entities and 

8 State and local jurisdictions to expedite the 

9 planning, design, development, and oper10 ation of the infrastructure necessary to 

11 provide reliable, clean drinking water on 

12 Federal Indian reservations, in Alaska Na13 tive Villages, and in Native Hawaiian com14 munities; and 

15 (ii) inform Congress of further au16 thorizations and expenditures that may be 

17 necessary to meet the objective described 

18 in clause (i); 

19 (B) calls upon the Federal executive 

20 branch to— 

21 (i) employ a ‘‘whole-of-government’’ 

22 approach to ensure the provision of reli23 able, clean drinking water to households on 

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1 tive villages, and in Native Hawaiian com2 munities; 

3 (ii) create an interagency task force 

4 consisting of high-level representatives 

5 from departments and agencies with au6 thority to provide water infrastructure that 

7 will work to remove barriers, optimize 

8 funding, and make immediate and tangible 

9 progress on meeting the objective described 

10 in clause (i); and 

11 (iii) report annually to Congress on 

12 the progress toward the objective described 

13 in clause (i); and 

14 (C) calls upon the Federal executive 

15 branch, State governments, and affected water 

16 agencies to— 

17 (i) affirmatively support de-coupling 

18 the planning, design, development, and op19 eration of water infrastructure from the 

20 settlement or adjudication of Tribal re21 served water rights; and 

22 (ii) support the development of water 

23 infrastructure necessary to provide reliable, 

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1 nities independent of settlements or adju2 dications of Tribal reserved water rights. 

Æ 


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