I 
117TH CONGRESS 
2D SESSION 
H. R. 7632 
To provide access to reliable, clean, and drinkable water on Tribal lands, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 28, 2022 
Mr. NEGUSE (for himself, Mr. BLUMENAUER, Ms. MOORE of Wisconsin, Mr. 
CARTER of Louisiana, Ms. DAVIDS of Kansas, Ms. DEGETTE, Mr. KIL-
DEE, Ms. NORTON, Mr. O’HALLERAN, Mr. VARGAS, Mr. SABLAN, Ms. 
STANSBURY, Mr. SCHRADER, and Mr. THOMPSON of California) intro-
duced the following bill; which was referred to the Committee on Natural 
Resources, and in addition to the Committees on Energy and Commerce, 
and Agriculture, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall within 
the jurisdiction of the committee concerned 
A BILL 
To provide access to reliable, clean, and drinkable water 
on Tribal lands, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Tribal Access to Clean 
Water Act of 2022’’. 
SEC. 2. FINDINGS. 
Congress finds that— 
VerDate Sep 11 2014 
22:19 May 02, 2022
Jkt 029200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H7632.IH
H7632
kjohnson on DSK79L0C42PROD with BILLS
(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 Na-
tions, have recognized the urgency of the need to ac-
cess 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 serv-
ices; 
(3) in the United States, access to reliable, 
clean, and drinkable water has long been a signifi-
cant 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 signifi-
cantly more likely than White households to lack in-
door plumbing; 
(4) the trust responsibility of the Federal Gov-
ernment to Indian Tribes requires the Federal Gov-
VerDate Sep 11 2014 
22:19 May 02, 2022
Jkt 029200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H7632.IH
H7632
kjohnson on DSK79L0C42PROD with BILLS
ernment 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, in-
cluding 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 envi-
ronmental justice and spur economic opportunity for 
disadvantaged communities that have been histori-
cally marginalized and overburdened by pollution 
and underinvestment in housing, transportation, 
water and wastewater infrastructure, and health 
care; 
(7) through the bipartisan Infrastructure In-
vestment 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 in-
VerDate Sep 11 2014 
22:19 May 02, 2022
Jkt 029200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H7632.IH
H7632
kjohnson on DSK79L0C42PROD with BILLS
frastructure 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 infrastruc-
ture and to offset Tribes’ inability to access funding 
sources relied upon by most municipal water pro-
viders; 
(8) technical assistance to Tribes is also nec-
essary 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 mate-
rials, can assist in— 
(A) accelerating efforts to provide uni-
versal access to reliable, clean, and drinkable 
water for all Native communities; and 
(B) enhancing resilience in the face of cli-
mate change; 
(10) the COVID–19 pandemic has been a stark 
reminder that access to reliable, clean, and drinkable 
VerDate Sep 11 2014 
22:19 May 02, 2022
Jkt 029200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H7632.IH
H7632
kjohnson on DSK79L0C42PROD with BILLS
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 ex-
isting Native communities be provided with safe and 
adequate water supply systems as soon as prac-
ticable; and 
(12) both appropriate funding at the level of 
unmet need and a ‘‘whole of government’’ approach 
among all Federal agencies are essential to provide 
a meaningful solution to the lack of access to clean 
water on Tribal lands. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) DIRECTOR.—The term ‘‘Director’’ means 
the Director of the Indian Health Service. 
(2) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 
has the meaning given the term in section 4 of the 
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 5304). 
(3) NATIVE
COMMUNITY.—The term ‘‘Native 
community’’ means— 
(A) an Indian Tribe; and 
(B) a Native Hawaiian. 
VerDate Sep 11 2014 
22:19 May 02, 2022
Jkt 029200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H7632.IH
H7632
kjohnson on DSK79L0C42PROD with BILLS
(4) NATIVE HAWAIIAN.—The term ‘‘Native Ha-
waiian’’ has the meaning given that term in section 
801 of the Native American Housing Assistance and 
Self-Determination Act of 1996 (25 U.S.C. 4221). 
(5) REPORT.—The term ‘‘Report’’ means the 
most recent annual report required to be submitted 
by the Secretary of Health and Human Services to 
the President under section 302(g) of the Indian 
Health Care Improvement Act (25 U.S.C. 1632(g)). 
(6) SECRETARY.—Except for the purposes of 
section 6, the term ‘‘Secretary’’ means the Secretary 
of Health and Human Services, acting through the 
Director. 
(7) TRIBAL
LAND.—The term ‘‘Tribal land’’ 
means— 
(A) land located within the boundaries 
of— 
(i) an Indian reservation, pueblo, or 
rancheria; or 
(ii) a former reservation within Okla-
homa; 
(B) land not located within the boundaries 
of an Indian reservation, pueblo, or rancheria, 
title to which is held— 
VerDate Sep 11 2014 
22:19 May 02, 2022
Jkt 029200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H7632.IH
H7632
kjohnson on DSK79L0C42PROD with BILLS
(i) in trust by the United States for 
the benefit of an Indian Tribe or an indi-
vidual Indian; 
(ii) by an Indian Tribe or an indi-
vidual Indian, subject to restriction against 
alienation under laws of the United States; 
or 
(iii) by a dependent Indian commu-
nity; 
(C) land located within a region estab-
lished 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)); and 
(E) an area or community designated by 
the Assistant Secretary of Indian Affairs of the 
Department of the Interior that are near, adja-
cent, or contiguous to an Indian reservation 
where financial assistance and social service 
programs are provided to Indians because of 
their status as Indians. 
VerDate Sep 11 2014 
22:19 May 02, 2022
Jkt 029200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H7632.IH
H7632
kjohnson on DSK79L0C42PROD with BILLS
SEC. 4. INDIAN HEALTH SERVICE. 
(a) SANITATION FACILITIES CONSTRUCTION PRO-
GRAM.—The term ‘‘Indian homes, communities, and 
lands’’ for which the Indian Health Service has authority 
‘‘to construct, improve, extend, or otherwise provide and 
maintain, by contract or otherwise, essential sanitation fa-
cilities, including domestic and community water supplies 
and facilities, drainage facilities, and sewage- and waste- 
disposal facilities’’ pursuant to Public Law 86–121 (42 
U.S.C. 2004a) includes structures that are essential to the 
life of the Native community and provide indispensable 
educational, economic, and community services, such as 
schools, hospitals, nursing homes, teachers’ homes, Tribal 
offices, and post offices. 
(b) FUNDING.—There is appropriated to the Sec-
retary, out of amounts in the Treasury not otherwise ap-
propriated, $100,000,000 for the fiscal year ending Sep-
tember 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 other-
wise appropriated, $150,000,000 for the fiscal year ending 
September 30, 2023, to remain available until expended, 
VerDate Sep 11 2014 
22:19 May 02, 2022
Jkt 029200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H7632.IH
H7632
kjohnson on DSK79L0C42PROD with BILLS
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 Sec-
retary, out of amounts in the Treasury not otherwise 
appropriated, $500,000,000 for the fiscal year end-
ing 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 deter-
mines 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— 
VerDate Sep 11 2014 
22:19 May 02, 2022
Jkt 029200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H7632.IH
H7632
kjohnson on DSK79L0C42PROD with BILLS
(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 pro-
tected; and 
(C) the intended economic benefit is real-
ized. 
SEC. 5. DEPARTMENT OF AGRICULTURE RURAL DEVELOP-
MENT. 
(a) APPROPRIATION.—In addition to amounts other-
wise 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 sec-
tions 306C and 306D of the Consolidated Farm and Rural 
Development Act (7 U.S.C. 1926c, 1926d) to eligible enti-
ties described in subsection (b) to provide for the develop-
ment, use, and control of water (including the extension 
or improvement of existing water supply systems) in eligi-
ble entities the residents of which face significant health 
risks, as determined by the Secretary, due to a significant 
proportion of the residents of the eligible entity not having 
access to, or not being served by, an adequate affordable 
water supply system. 
VerDate Sep 11 2014 
22:19 May 02, 2022
Jkt 029200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H7632.IH
H7632
kjohnson on DSK79L0C42PROD with BILLS
(b) ELIGIBLE ENTITIES.—An entity eligible to re-
ceive 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), includes a consortium formed 
pursuant to section 325 of Public Law 105–83 (111 
Stat. 1597). 
(c) NO MATCHING CONTRIBUTION.—The funds made 
available under subsection (a) shall not require any match-
ing 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); and 
(2) award the grants without requiring an eligi-
ble entity or the members of an eligible entity to 
demonstrate an inability to finance the proposed 
project— 
VerDate Sep 11 2014 
22:19 May 02, 2022
Jkt 029200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H7632.IH
H7632
kjohnson on DSK79L0C42PROD with BILLS
(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. 
SEC. 6. BUREAU OF RECLAMATION. 
(a) RURAL WATER SUPPLY PROGRAM REAUTHOR-
IZATION.— 
(1) AUTHORIZATION
OF
APPROPRIATIONS.— 
Section 109(a) of the Rural Water Supply Act of 
2006 (43 U.S.C. 2408(a)) is amended by striking 
‘‘2016’’ and inserting ‘‘2032’’. 
(2) TERMINATION
OF
AUTHORITY.—Section 
110 of the Rural Water Supply Act of 2006 (43 
U.S.C. 2409) is amended by striking ‘‘2016’’ and in-
serting ‘‘2032’’. 
(b) BUREAU OF RECLAMATION RURAL WATER SUP-
PLY PROGRAM.— 
(1) DEFINITIONS.—In this subsection: 
(A) 
RECLAMATION
STATE.—The 
term 
‘‘Reclamation State’’ means a State described 
VerDate Sep 11 2014 
22:19 May 02, 2022
Jkt 029200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H7632.IH
H7632
kjohnson on DSK79L0C42PROD with BILLS
in the first section of the Act of June 17, 1902 
(43 U.S.C. 391; 32 Stat. 388, chapter 1093). 
(B) SECRETARY.—The term ‘‘Secretary’’ 
means the Secretary of the Interior, acting 
through the Commissioner of Reclamation. 
(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), the Secretary shall es-
tablish a competitive grant program under 
which an Indian Tribe shall be eligible to apply 
for a grant from the Secretary in an amount 
not to exceed 100 percent of the cost of plan-
ning, design, and construction of a project de-
termined by the Secretary to be eligible for 
funding under subparagraph (B). 
(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 ac-
cess to safe drinking water for commu-
nities and households on Tribal land; or 
VerDate Sep 11 2014 
22:19 May 02, 2022
Jkt 029200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H7632.IH
H7632
kjohnson on DSK79L0C42PROD with BILLS
(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 resi-
dents on Tribal land. 
(III) A project that would ad-
dress needs identified in the Report. 
(IV) A project that is closer to 
being completed, or farther along in 
planning, design, or construction, as 
VerDate Sep 11 2014 
22:19 May 02, 2022
Jkt 029200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H7632.IH
H7632
kjohnson on DSK79L0C42PROD with BILLS
compared to other projects being con-
sidered for funding. 
(V) A project that would take ad-
vantage of the experience and tech-
nical expertise of the Bureau of Rec-
lamation 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 partner-
ships 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 lever-
age the resources or capabilities of 
other Tribal, State, or Federal agen-
cies to accelerate planning, design, 
and construction. 
(VIII) A project that would pro-
vide multiple benefits, including— 
VerDate Sep 11 2014 
22:19 May 02, 2022
Jkt 029200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H7632.IH
H7632
kjohnson on DSK79L0C42PROD with BILLS
(aa) improved water supply 
reliability; 
(bb) public health improve-
ments; 
(cc) ecosystem benefits; 
(dd) groundwater manage-
ment and enhancements; and 
(ee) water quality improve-
ments. 
(ii) CONSULTATION.—In prioritizing 
projects for funding under clause (i), the 
Secretary— 
(I) shall consult with the Direc-
tor; 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 plan-
ning, design, or construction; or 
VerDate Sep 11 2014 
22:19 May 02, 2022
Jkt 029200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H7632.IH
H7632
kjohnson on DSK79L0C42PROD with BILLS
(bb) otherwise take advan-
tage 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); and 
(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 avail-
able, there is appropriated to the Secretary of the Interior, 
out of amounts in the Treasury not otherwise appro-
VerDate Sep 11 2014 
22:19 May 02, 2022
Jkt 029200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H7632.IH
H7632
kjohnson on DSK79L0C42PROD with BILLS
priated, $90,000,000 for use, in accordance with section 
201 of the Energy and Water Development Appropriations 
Act, 2003 (43 U.S.C. 373d), for the Native American Af-
fairs Technical Assistance Program of the Bureau of Rec-
lamation for the fiscal year ending September 30, 2023, 
to remain available until expended. 
Æ 
VerDate Sep 11 2014 
22:19 May 02, 2022
Jkt 029200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6301
E:\BILLS\H7632.IH
H7632
kjohnson on DSK79L0C42PROD with BILLS