Tribal Access to Clean Water Act of 2023

To provide access to reliable, clean, and drinkable water on Tribal lands, and for other purposes. 1. Short title This Act may be cited as the Tribal Access to Clean Water Act of 2023 2. Findings Congress finds the following: (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 (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) Through the bipartisan Infrastructure Investment and Jobs Act ( Public Law 117–58 IIJA (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 Tribes is necessary to ensure that they— (A) are able to access and take advantage of the new construction funding made available through the IIJA; (B) develop the managerial, financial, and regulatory framework necessary for a fully functional and self-sustaining utility; and (C) are able 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. (13) Both appropriate funding at the level of unmet need and a whole of government 3. Definitions In this Act: (1) Indian Tribe The term Indian Tribe 25 U.S.C. 5304 (2) Native community The term Native community (A) an Indian Tribe; and (B) a Native Hawaiian community. (3) Native Hawaiian The term Native Hawaiian 25 U.S.C. 4221 (4) Technical assistance The term technical assistance (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 (B) to support Native communities in developing the managerial, financial, and regulatory capacity necessary for a fully functional and self-sustaining utility. 4. Department of agriculture rural development (a) Extension of authority for grants and loans In addition to the purposes for which loans and grants may be provided under sections 306C and 306D of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1926c Secretary (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 (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 (1) a Native community; or (2) in the case of a grant in accordance with section 306D of the Consolidated Farm and Rural Development Act, a consortium formed pursuant to section 325 of Public Law 105–83 (d) No matching contribution The provision of funds made available under subsection (b) shall not be conditioned on 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 (2) make or insure the loans or award the grants without requiring the 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 that funds made available under subsection (b) are used in the most effective manner to promote access to water and sanitation. 5. Indian Health Service (a) Definition of Secretary In this section, the term Secretary (b) Sanitation facilities construction program For the purposes of section 7(a)(1) of the Act of August 5, 1974 ( 42 U.S.C. 2004a(a)(1) Indian homes, communities, and lands 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 (c) Authorization of appropriations There is authorized to be appropriated to the Secretary, in addition to amounts otherwise available, $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, by contract or otherwise, essential sanitation facilities, including domestic and community water supplies and facilities, drainage facilities, and sewage- 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) for other 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 providing assistance for the operation and maintenance of water facilities serving Native communities. (3) Priority for funding In awarding funding under paragraph (2), 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 years after the date on which a water facilities project described in paragraph (1) is completed, to the extent to which annual appropriations are available, the Secretary shall include the completed project as eligible for funding assistance for operation and maintenance of the water facility 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. 6. 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 each of fiscal years 2024 through 2028, to remain available until expended, for use, in accordance with section 201 of the Energy and Water Development Appropriations Act, 2003 ( 43 U.S.C. 373d

Summary: Tribal Access to Clean Water Act of 2023This bill expands access to water resources for Native communities (i.e., Indian tribes and Native Hawaiian communities).Specifically, the bill allows the Department of Agriculture to make or insure loans and make grants to eligible entities (e.g., Native communities) for technical assistance to develop, use, and control water.Additionally, the bill allows the Indian Health Service to (1) provide and maintain essential sanitation facilities to community structures (e.g., schools, hospitals, and tribal offices), (2) provide technical assistance, and (3) provide financial assistance to operate and maintain water facilities that serve Native communities.The bill also increases the authorization of appropriations for the Native American Affairs Technical Assistance Program through FY2028.