II 118th CONGRESS 1st Session S. 2385 IN THE SENATE OF THE UNITED STATES July 19, 2023 Mr. Bennet (for himself, Mr. Heinrich , Mr. Hickenlooper , Ms. Warren , Mr. Wyden , Mr. King , Mr. Padilla , and Mr. Sanders ) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs A BILL 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 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 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 ( 42 U.S.C. 4321 note; relating to tackling the climate crisis at home and abroad), 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 ; 135 Stat. 429), Congress provided funding for the Indian Health Service and the Environmental Protection Agency to support the construction and repair of Tribal clean water infrastructure, but inadequate resources are available to Indian Tribes to assist with accessing those construction and repair funding programs and to support the operation and maintenance of water infrastructure; (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 Indian Tribes is necessary to ensure that Indian Tribes are able— (A) to access and take advantage of the new funding described in paragraph (7); (B) to develop the managerial, financial, and regulatory framework necessary for a fully functional and self-sustaining utility; and (C) 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; and (13) 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. 3. Definitions In this Act: (1) 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 ). (2) Native community The term Native community means— (A) an Indian Tribe; and (B) a Native Hawaiian community. (3) Native hawaiian The term Native Hawaiian has the meaning given the term in section 801 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4221 ). (4) Technical assistance The term technical assistance means any contracted or governmental expertise— (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 ; 135 Stat. 429) or the rural development mission area of the Department of Agriculture; and (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 grants and loans may be provided under sections 306C and 306D of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1926c , 1926d), the Secretary of Agriculture (referred to in this section as the Secretary ) may make or insure loans and make grants to eligible entities described in subsection (c) for technical assistance. (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 , 1926d), and for the additional purposes described in subsection (a), to eligible entities described in subsection (c) to provide for the development, use, and control of water (including the extension or improvement of existing water supply systems); and (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 , 1926d)— (1) is a Native community; and (2) in the case of a grant under section 306D of that Act ( 7 U.S.C. 1926d ), includes a consortium formed pursuant to section 325 of Public Law 105–83 (111 Stat. 1597). (d) No matching contribution The funds made available under subsection (b) shall not require 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 ); and (2) make or insure the loans or make 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. (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 the amounts appropriated 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 means the Secretary of Health and Human Services, acting through the Director of the Indian Health Service. (b) Sanitation facilities construction program For purposes of section 7(a)(1) of the Act of August 5, 1954 ( 42 U.S.C. 2004a(a)(1) ), Indian homes, communities, and lands for which the Secretary 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-disposal and waste-disposal facilities under that section shall include community structures that are essential to the life of a Native community and provide indispensable educational, economic, and community services, such as schools, hospitals, nursing homes, teachers’ homes, Tribal offices, and post offices. (c) Authorization of appropriations In addition to amounts otherwise available, there is authorized to be appropriated to the Secretary $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 essential sanitation facilities, including domestic and community water supplies and facilities, drainage facilities, and sewage-disposal 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) 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 the operation and maintenance of water facilities serving Native communities under paragraph (1). (3) 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. (4) Future funding For not less than 5 fiscal 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 water facilities 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. 6. Funding for native american affairs technical assistance program of the 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 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 each of fiscal years 2024 through 2028, to remain available until expended.