,,ii #aagth ,,congress #ast ,session ,s4 #bcfi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #ae1 #bjba,mr4 ,bennet 7for himself and ,mr4 ,heinrich7 introduced the following bill2 which was read twice and referred to the ,committee on ,indian ,affairs ,a ,,bill ,to provide access to reliable1 clean1 and drinkable water on ,tribal lands1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,tribal ,access to ,clean ,water ,act of #bjba4 #b4 ,findings ,congress finds that-- 7#a7 access to reliable1 clean1 and drinkable water is an essential human need and critical to the public health1 well-being1 educational attainment1 and economic development of all communities in the ,united ,states2 7#b7 many countries1 along with the ,united ,nations1 have recognized the urgency of the need to access reliable1 clean1 and drinkable water by passing laws or resolutions relating to the human right to water and sanitation1 including-- 7,a7 recognizing these water and sanitation needs exist among ,indigenous peoples2 and 7,b7 establishing aggressive targets for achieving universal access to those basic services2 7#c7 in the ,united ,states1 access to reliable1 clean1 and drinkable water has long been a significant problem in many ,native communities1 such that nearly half of all households in those communities do not have access to reliable water sources1 clean drinking water1 or basic sanitation1 and are significantly more likely than ,white households to lack indoor plumbing2 7#d7 the trust responsibility of the ,federal ,government to ,indian ,tribes requires the ,federal ,government to ensure the survival and welfare of ,indian ,tribes1 and the failure to provide basic water service cannot be reconciled with that trust responsibility2 7#e7 the ongoing ,,covid-#ai pandemic has had a disproportionate impact on ,native communities due to a multitude of factors1 including-- 7,a7 persistent economic disadvantages2 7,b7 racial inequity2 and 7,c7 lack of public health infrastructure1 including access to running water2 7#f7 on ,january #bg1 #bjba1 ,president ,biden issued ,executive ,order #adjjh 7#hf ,fed4 ,reg4 #gfai 7,february #a1 #bjba771 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 housing1 transportation1 water and wastewater infrastructure1 and health care2 7#g7 advances in water technology1 including treatment1 sensors1 and innovative pipeline materials1 can assist in-- 7,a7 accelerating efforts to provide universal access to reliable1 clean1 and drinkable water for all ,native communities2 and 7,b7 enhancing resilience in the face of climate change2 7#h7 the ,,covid-#ai pandemic has been a stark reminder that access to reliable1 clean1 and drinkable water to support basic hygiene is a matter of life or death for all individuals in the ,united ,states2 7#i7 it is in the interest of the ,united ,states1 and it is the policy of the ,united ,states1 that all existing ,native communities be provided with safe and adequate water supply systems as soon as practicable2 and 7#aj7 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 lands4 #c4 ,definitions ,in this ,act3 7#a7 ,director ,the term ,director means the ,director of the ,indian ,health ,service4 7#b7 ,indian ,tribe ,the term ,indian ,tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#c7 ,native community ,the term ,native community means-- 7,a7 an ,indian ,tribe2 and 7,b7 a ,native ,hawaiian 7as defined in section #hja of the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7#be ,u4,s4,c4 #dbba77 community4 7#d7 ,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 #cjb7;g7 of the ,indian ,health ,care ,improvement ,act 7#be ,u4,s4,c4 #afcb7;g774 7#e7 ,tribal land ,the term ,tribal land means-- 7,a7 any land located within the boundaries of-- 7i7 an ,indian reservation1 pueblo1 or rancheria2 or 7ii7 a former reservation within ,oklahoma2 7,b7 any land not located within the boundaries of an ,indian reservation1 pueblo1 or rancheria1 the title to which is held-- 7i7 in trust by the ,united ,states for the benefit of an ,indian ,tribe or an individual ,indian2 7ii7 by an ,indian ,tribe or an individual ,indian1 subject to restriction against alienation under laws of the ,united ,states2 or 7iii7 by a dependent ,indian community2 7,c7 any land located within a region established pursuant to section #g7;a7 of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afjf7;a772 7,d7 ,hawaiian ,home ,lands 7as defined in section #hja of the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7#be ,u4,s4,c4 #dbba772 and 7,e7 those areas or communities designated by the ,assistant ,secretary of ,indian ,affairs of the ,department of the ,interior that are near1 adjacent1 or contiguous to reservations where financial assistance and social service programs are provided to ,indians because of their status as ,indians4 #d4 ,indian ,health ,service 7a7 ,sanitation ,facilities ,construction ,program funding 7#a7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated to the ,secretary of ,health and ,human ,services1 acting through the ,director 7referred to in this section as the ,secretary71 out of amounts in the ,treasury not otherwise appropriated1 #c1daj1jjj1jjj for the fiscal year ending ,september #cj1 #bjba1 to remain available until expended1 for all activities authorized under section #cjb7;b77#a7 of the ,indian ,health ,care ,improvement ,act 7#be ,u4,s4,c4 #afcb7;b77#a771 including the planning1 design1 construction1 modernization1 improvement1 and renovation of water1 sewer1 and solid waste sanitation facilities3 ,provided1 ,that the ,secretary may retain up to #aj percent of the amounts appropriated under this paragraph for administration of the ,sanitation ,facilities ,construction ,program and related management and staffing purposes4 7#b7 ,priority for funding ,in awarding funding for the planning1 design1 construction1 modernization1 improvement1 and renovation of water1 sewer1 and solid waste sanitation facilities under paragraph 7#a71 the ,secretary shall prioritize sanitation facilities with the highest deficiency level1 as established in the ,report4 7b7 ,technical assistance funding ,in addition to amounts otherwise available1 there is appropriated to the ,secretary1 out of amounts in the ,treasury not otherwise appropriated1 #aej1jjj1jjj for the fiscal year ending ,september #cj1 #bjba1 to remain available until expended1 for technical assistance support in ,native communities and for other activities authorized under section #cjb7;b77#b7 of the ,indian ,health ,care ,improvement ,act 7#be ,u4,s4,c4 #afcb7;b77#b774 7c7 ,operation and ,maintenance funding 7#a7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated to the ,secretary1 out of amounts in the ,treasury not otherwise appropriated1 #ejj1jjj1jjj for the fiscal year ending ,september #cj1 #bjba1 to remain available until expended1 for the operation and maintenance of water facilities serving ,native communities4 7#b7 ,priority for funding ,in awarding funding for the operation and maintenance of water facilities under paragraph 7#a71 the ,secretary shall prioritize water facilities the most in need of assistance1 as identified by the ,operation and ,maintenance ,capability ,ratings of the ,indian ,health ,service4 7#c7 ,future funding ,on completion of an operation and maintenance of water facilities project described in paragraph 7#a71 the ,secretary shall1 for not less than #e years after the date on which the project is completed and to the extent to which annual appropriations are available1 include the completed project as eligible for sustained funding support and guidance to ensure that the investments in the water facilities are adequately maintained and operated for the health and welfare of ,native communities served1 ensuring that the infrastructure investment is protected and the intended economic benefit is realized4 #e4 ,department of ,agriculture rural development 7a7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated to the ,secretary of ,agriculture 7referred to in this section as the ,secretary71 out of amounts in the ,treasury not otherwise appropriated1 #ejj1jjj1jjj to make grants under sections #cjf;,c and #cjf;,d of the ,consolidated ,farm and ,rural ,development ,act 7#g ,u4,s4,c4 #aibf;c1 #aibf;d7 to eligible entities described in subsection 7b7 to provide for the development1 use1 and control of water 7including the extension or improvement of existing water supply systems7 in eligible entities the residents of which face significant health risks1 as determined by the ,secretary1 due to a significant proportion of the residents of the eligible entity not having access to1 or not being served by1 an adequate affordable water supply system4 7b7 ,eligible entities ,an entity eligible to receive a grant using amounts appropriated by subsection 7a7-- 7#a7 is a ,native community2 and 7#b7 in the case of a grant under section #cjf;,d of the ,consolidated ,farm and ,rural ,development ,act 7#g ,u4,s4,c4 #aibf;d71 includes a consortium formed pursuant to section #cbe of ,public ,law #aje-hc 7#aaa ,stat4 #aeig74 7c7 ,no matching contribution ,an eligible entity shall not be required to provide any matching contribution otherwise required by any other provision of law 7including regulations7 with respect to a grant received by the eligible entity from amounts appropriated by subsection 7a74 7d7 ,priority for funding ,in awarding grants to eligible entities using amounts appropriated by subsection 7a71 the ,secretary shall-- 7#a7 treat members of an eligible entity in the same manner as individuals who reside in a colonia for purposes of subsections 7a77#b77;,b7 and 7c77#b7 of section #cjf;,c of the ,consolidated ,farm and ,rural ,development ,act 7#g ,u4,s4,c4 #aibf;c72 and 7#b7 award the grants without requiring an eligible entity or the members of an eligible entity to demonstrate an inability to finance the proposed project-- 7,a7 from the resources of the eligible entity or members2 or 7,b7 through commercial credit4 7e7 ,interagency collaboration ,the ,secretary shall consult with the ,director of the ,indian ,health ,service regarding agency collaboration1 project prioritization1 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 sanitation4 #f4 ,bureau of ,reclamation 7a7 ,rural water supply program reauthorization 7#a7 ,authorization of appropriations ,section #aji7;a7 of the ,rural ,water ,supply ,act of #bjjf 7#dc ,u4,s4,c4 #bdjh7;a77 is amended by striking #bjaf and inserting #bjca4 7#b7 ,termination of authority ,section #aaj of the ,rural ,water ,supply ,act of #bjjf 7#dc ,u4,s4,c4 #bdji7 is amended by striking #bjaf and inserting #bjca4 7b7 ,bureau of reclamation rural water supply program 7#a7 ,definitions ,in this subsection3 7,a7 ,reclamation state ,the term ,reclamation ,state means a ,state described in the first section of the ,act of ,june #ag1 #aijb 7#dc ,u4,s4,c4 #cia2 #cb ,stat4 #chh1 chapter #ajic74 7,b7 ,secretary ,the term ,secretary means the ,secretary of the ,interior1 acting through the ,commissioner of ,reclamation4 7#b7 ,competitive grant program for tribal clean water access projects 7,a7 ,establishment ,in accordance with section #ajc of the ,rural ,water ,supply ,act of #bjjf 7#dc ,u4,s4,c4 #bdjb71 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 #ajj percent of the cost of planning1 design1 and construction of a project determined by the ,secretary to be eligible for funding under subparagraph 7,b74 7,b7 ,eligibility ,to be eligible for a grant under subparagraph 7,a71 a project shall1 as determined by the ,secretary-- 7i7 7,i7 provide1 increase1 or enhance access to safe drinking water for communities and households on ,tribal land2 or 7,,ii7 address public health and safety concerns associated with access to safe drinking water2 and 7ii7 be carried out in a ,reclamation ,state4 7,c7 ,priority 7i7 ,in general ,in providing grants under subparagraph 7,a71 the ,secretary shall give priority to projects that meet #a or more of the following criteria3 7,i7 ,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 application4 7,,ii7 ,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 land4 7,,iii7 ,a project that would address needs identified in the ,report4 7,,iv7 ,a project that is closer to being completed1 or farther along in planning1 design1 or construction1 as compared to other projects being considered for funding4 7,v7 ,a project that would take advantage of the experience and technical expertise of the ,bureau of ,reclamation in the planning1 design1 and construction of rural water projects1 particularly with respect to a project that takes advantage of economies of scale4 7,,vi7 ,a project that would take advantage of local or regional partnerships that complement related efforts by ,tribal1 ,state1 or ,federal agencies to enhance access to drinking water or water sanitation services on ,tribal land4 7,,vii7 ,a project that would leverage the resources or capabilities of other ,tribal1 ,state1 or ,federal agencies to accelerate planning1 design1 and construction4 7,,viii7 ,a project that would provide multiple benefits1 including-- 7aa7 improved water supply reliability2 7bb7 public health improvements2 7cc7 ecosystem benefits2 7dd7 groundwater management and enhancements2 and 7ee7 water quality improvements4 7ii7 ,consultation ,in prioritizing projects for funding under clause 7i71 the ,secretary-- 7,i7 shall consult with the ,director2 and 7,,ii7 may coordinate funding of projects under this paragraph with the ,director1 the ,administrator of the ,environmental ,protection ,agency1 the ,secretary of ,agriculture1 and the head of any other ,federal agency in any manner that the ,secretary determines would-- 7aa7 accelerate project planning1 design1 or construction2 or 7bb7 otherwise take advantage of the capabilities of1 and resources potentially available from1 other ,federal sources4 7#c7 ,funding 7,a7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,secretary1 out of amounts in the ,treasury not otherwise appropriated1 #b1jjj1jjj1jjj to carry out this subsection4 7,b7 ,administrative expenses2 use of funds ,of the amounts made available under subparagraph 7,a71 the ,secretary-- 7i7 may use up to #b percent for-- 7,i7 the administration of the rural water supply program established under section #ajc of the ,rural ,water ,supply ,act of #bjjf 7#dc ,u4,s4,c4 #bdjb72 and 7,,ii7 related management and staffing expenses2 and 7ii7 of the remaining amounts1 shall make available-- 7,i7 #ej percent for the rural water supply projects described in the report of the ,bureau of ,reclamation entitled ,assessment of ,reclamation's ,rural ,water ,activities and ,other ,federal ,programs ,that ,provide ,support on ,potable ,water ,supplies to ,rural ,communities in the ,western ,united ,states and dated ,october #g1 #bjad1 to remain available until expended2 and 7,,ii7 #ej percent to carry out the competitive grant program established under paragraph 7#b71 to remain available until expended4 7c7 ,funding for native american affairs technical assistance program of the bureau of reclamation ,in addition to amounts otherwise available1 there is appropriated to the ,secretary of the ,interior1 out of amounts in the ,treasury not otherwise appropriated1 #ij1jjj1jjj for use1 in accordance with section #bja of the ,energy and ,water ,development ,appropriations ,act1 #bjjc 7#dc ,u4,s4,c4 #cgc;d71 for the ,native ,american ,affairs ,technical ,assistance ,program of the ,bureau of ,reclamation for the fiscal year ending ,september #cj1 #bjba1 to remain available until expended4 #g4 ,drinking water and clean water ,state revolving funds 7a7 ,appropriation ,notwithstanding any amounts reserved under section #eah7;c7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acgg7;c77 or section #adeb7;i77#a7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab7;i77#a77 and in addition to amounts otherwise made available1 there is appropriated to the ,administrator of the ,environmental ,protection ,agency 7referred to in this section as the ,administrator7 for the fiscal year ending ,september #cj1 #bjba1 out of any amounts in the ,treasury not otherwise appropriated1 to remain available until expended-- 7#a7 #ajj1jjj1jjj for the purposes described in section #eah7;c77#c7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acgg7;c77#c772 and 7#b7 #ajj1jjj1jjj for the purposes described in section #adeb7;i7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab7;i774 7b7 ,use of funds 7#a7 ,technical assistance ,of the amounts made available under subsection 7a71 the ,administrator may use #e1jjj1jjj to provide training1 technical assistance1 and educational programs to ,native communities with respect to the operation and maintenance of treatment works 7as defined in section #bab of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abib77 and public water systems 7as defined in section #adja of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f774 7#b7 ,management and oversight costs ,of the amounts made available under subsection 7a71 the ,administrator may use #b percent for the management and oversight of ,native community projects carried out using funds made available under that subsection4 7c7 ,requirements 7#a7 ,outreach ,the ,administrator shall increase efforts to promote ,native community access to drinking water and wastewater services to ensure the most effective use of amounts made available under subsection 7a71 including by-- 7,a7 increasing direct communication with ,native communities to better assess the needs of those ,native communities2 7,b7 providing clear information to ,native communities with respect to funding availability2 and 7,c7 providing an option to receive funding under this section through a direct grant using the amounts made available under subsection 7a7 or through an interagency agreement with the ,indian ,health ,service4 7#b7 ,interagency collaboration ,in carrying out this section1 the ,administrator shall consult with the ,director regarding agency collaboration1 project prioritization1 and staffing needs to ensure that amounts made available under subsection 7a7 are used in the most effective manner to promote ,native community access to drinking water and wastewater services4 7d7 ,transfer of funds ,nothing in this section affects the authority of the ,administrator to transfer funds made available under subsection 7a7 among the accounts for-- 7#a7 the program established under section #eah of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acgg72 and 7#b7 the program established under section #adeb7;i7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab7;i774