Tribal Access to Clean Water Act of 2022

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 2022 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 ongoing COVID–19 pandemic has had 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 (IIJA), H.R. 3684, Congress has provided funding for the Indian Health Service and the Environmental Protection Agency to support the construction and repair of Tribal clean water infrastructure but no funding has yet been provided to assist Tribes with operation and maintenance of water infrastructure and such funding is necessary to protect the historic investment in this infrastructure and to offset Tribes’ inability to access funding sources relied upon by most municipal water providers; (8) technical assistance to Tribes is also necessary to ensure that they are able to access and take advantage of the new construction funding made available through the IIJA, that they develop the managerial, financial, and regulatory framework necessary for a fully functional and self-sustaining utility, and that they are able to engage appropriate outside consultants to assist as needed; (9) 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; (10) 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; (11) 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 (12) both appropriate funding at the level of unmet need and a whole of government 3. Definitions In this Act: (1) Director The term Director (2) Indian tribe The term Indian Tribe 25 U.S.C. 5304 (3) Native community The term Native community (A) an Indian Tribe; and (B) a Native Hawaiian. (4) Native Hawaiian The term Native Hawaiian 25 U.S.C. 4221 (5) Report The term Report 25 U.S.C. 1632(g) (6) Secretary Except for the purposes of section 6, the term Secretary (7) Tribal land The term Tribal land (A) land located within the boundaries of— (i) an Indian reservation, pueblo, or rancheria; or (ii) a former reservation within Oklahoma; (B) land not located within the boundaries of an Indian reservation, pueblo, or rancheria, title to which is held— (i) in trust by the United States for the benefit of an Indian Tribe or an individual Indian; (ii) by an Indian Tribe or an individual Indian, subject to restriction against alienation under laws of the United States; or (iii) by a dependent Indian community; (C) land located within a region established pursuant to section 7(a) of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1606(a) (D) Hawaiian Home Lands (as defined in section 801 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4221 (E) an area or community designated by the Assistant Secretary of Indian Affairs of the Department of the Interior that are near, adjacent, or contiguous to an Indian reservation where financial assistance and social service programs are provided to Indians because of their status as Indians. 4. Indian health service (a) Sanitation facilities construction program The term Indian homes, communities, and lands 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 Public Law 86–121 42 U.S.C. 2004a (b) Funding There is appropriated to the Secretary, out of amounts in the Treasury not otherwise appropriated, $100,000,000 for the fiscal year ending September 30, 2023, to remain available until expended, for the provision of essential sanitation facilities to community structures included in subsection (a) and not previously considered eligible for such service. (c) Technical assistance funding In addition to amounts otherwise available, there is appropriated to the Secretary, out of amounts in the Treasury not otherwise appropriated, $150,000,000 for the fiscal year ending September 30, 2023, to remain available until expended, for technical assistance support in Native communities and for other activities authorized under section 302(b)(2) of the Indian Health Care Improvement Act ( 25 U.S.C. 1632(b)(2) (d) Operation and maintenance funding (1) Appropriation In addition to amounts otherwise available, there is appropriated to the Secretary, out of amounts in the Treasury not otherwise appropriated, $500,000,000 for the fiscal year ending September 30, 2023, to remain available until expended, for the operation and maintenance of water facilities serving Native communities. (2) 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. (3) Future funding For not less than 5 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 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. 5. Department of Agriculture rural development (a) Appropriation In addition to amounts otherwise available, there is appropriated to the Secretary of Agriculture, out of amounts in the Treasury not otherwise appropriated, $500,000,000 to make grants under sections 306C and 306D of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1926c (b) Eligible entities An entity eligible to receive a grant using amounts appropriated by subsection (a)— (1) is a Native community; and (2) in the case of a grant under section 306D of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1926d Public Law 105–83 (c) No matching contribution The funds made available under subsection (a) shall not require any matching contribution otherwise required by any other provision of law (including regulations). (d) Priority for funding In awarding grants to eligible entities using amounts appropriated by subsection (a), the Secretary of Agriculture 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) award 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. (e) Interagency collaboration The Secretary of Agriculture shall consult with the Director regarding agency collaboration, project prioritization, and staffing needs to ensure the amounts made available under this section are used in the most effective manner to promote access to water and sanitation. 6. Bureau of Reclamation (a) Rural water supply program reauthorization (1) Authorization of appropriations Section 109(a) of the Rural Water Supply Act of 2006 ( 43 U.S.C. 2408(a) 2016 2032 (2) Termination of authority Section 110 of the Rural Water Supply Act of 2006 ( 43 U.S.C. 2409 2016 2032 (b) Bureau of reclamation rural water supply program (1) Definitions In this subsection: (A) Reclamation state The term Reclamation State 43 U.S.C. 391 (B) Secretary The term Secretary (2) Competitive grant program for tribal clean water access projects (A) Establishment In accordance with section 103 of the Rural Water Supply Act of 2006 ( 43 U.S.C. 2402 (B) Eligibility To be eligible for a grant under subparagraph (A), a project shall, as determined by the Secretary— (i) (I) provide, increase, or enhance access to safe drinking water for communities and households on Tribal land; or (II) address public health and safety concerns associated with access to safe drinking water; and (ii) be carried out in a Reclamation State. (C) Priority (i) In general In providing grants under subparagraph (A), the Secretary shall give priority to projects that meet 1 or more of the following criteria: (I) A project that would provide potable water supplies to communities or households on Tribal land that do not have access to running water as of the date of the project application. (II) A project that would address an urgent and compelling public health or safety concern relating to access to safe drinking water for residents on Tribal land. (III) A project that would address needs identified in the Report. (IV) A project that is closer to being completed, or farther along in planning, design, or construction, as compared to other projects being considered for funding. (V) A project that would take advantage of the experience and technical expertise of the Bureau of Reclamation in the planning, design, and construction of rural water projects, particularly with respect to a project that takes advantage of economies of scale. (VI) A project that would take advantage of local or regional partnerships that complement related efforts by Tribal, State, or Federal agencies to enhance access to drinking water or water sanitation services on Tribal land. (VII) A project that would leverage the resources or capabilities of other Tribal, State, or Federal agencies to accelerate planning, design, and construction. (VIII) A project that would provide multiple benefits, including— (aa) improved water supply reliability; (bb) public health improvements; (cc) ecosystem benefits; (dd) groundwater management and enhancements; and (ee) water quality improvements. (ii) Consultation In prioritizing projects for funding under clause (i), the Secretary— (I) shall consult with the Director; and (II) may coordinate funding of projects under this paragraph with the Director, the Administrator of the Environmental Protection Agency, the Secretary of Agriculture, and the head of any other Federal agency in any manner that the Secretary determines would— (aa) accelerate project planning, design, or construction; or (bb) otherwise take advantage of the capabilities of, and resources potentially available from, other Federal sources. (3) Funding (A) In general In addition to amounts otherwise available, there is appropriated to the Secretary, out of amounts in the Treasury not otherwise appropriated, $1,000,000,000 to carry out this subsection. (B) Administrative expenses; use of funds Of the amounts made available under subparagraph (A), the Secretary may use up to 2 percent for— (i) the administration of the rural water supply program established under section 103 of the Rural Water Supply Act of 2006 ( 43 U.S.C. 2402 (ii) related management and staffing expenses. (c) Funding for Native American Affairs Technical Assistance Program of the Bureau of Reclamation In addition to amounts otherwise available, there is appropriated to the Secretary of the Interior, out of amounts in the Treasury not otherwise appropriated, $90,000,000 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 2022 This bill provides funding for and expands access to water resources for Native communities (i.e., Indian tribes and Native Hawaiian communities). First, the bill provides funding for the Indian Health Service to (1) provide essential sanitation facilities to community structures (e.g., schools, hospitals, and tribal offices) that were not previously considered eligible for such service; (2) provide technical assistance; and (3) operate and maintain water facilities that serve Native communities. Next, the bill provides funding for the Department of Agriculture to provide water and wastewater facility grants to eligible entities (e.g., Native communities) that have residents facing significant health risks due to inadequate water supply systems. The bill specifies that these funds shall not require any matching contribution. In addition, the bill reauthorizes through FY2032 the Bureau of Reclamation's Rural Water Supply Program. Further, the bill provides funding for and establishes a grant program for tribal clean water access projects. It also provides funding for the Native American Affairs Technical Assistance Program.