Tribal Access to Clean Water Act of 2022
Bill: H.R.7632 | Sponsor: Rep. Neguse, Joe (D-CO)
Policy area: Native Americans

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.

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 Representatives 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--
            (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'' 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.
            (4) Native hawaiian.--The term ``Native Hawaiian'' 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 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)); and
                    (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.

SEC. 4. INDIAN HEALTH SERVICE.

    (a) Sanitation Facilities Construction Program.--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 facilities, 
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 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.

SEC. 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, 1926d) to eligible entities described 
in subsection (b) to provide for the development, use, and control of 
water (including the extension or improvement of existing water supply 
systems) in eligible 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.
    (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), 
        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 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); 
        and
            (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.

SEC. 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)) 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 inserting ``2032''.
    (b) Bureau of Reclamation Rural Water Supply Program.--
            (1) Definitions.--In this subsection:
                    (A) Reclamation state.--The term ``Reclamation 
                State'' means a State described 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 establish 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 planning, 
                design, and construction of a project determined 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 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); 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 
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), for the Native American 
Affairs Technical Assistance Program of the Bureau of Reclamation for 
the fiscal year ending September 30, 2023, to remain available until 
expended.
                                 <all>