,,ii #aahth ,,congress #ast ,session ,s4 #bche ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #ai1 #bjbc,mr4 ,bennet 7for himself1 ,mr4 ,heinrich1 ,mr4 ,hickenlooper1 ,ms4 ,warren1 ,mr4 ,wyden1 ,mr4 ,king1 ,mr4 ,padilla1 and ,mr4 ,sanders7 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 #bjbc4 #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 ,,covid-#ai pandemic had1 and continues to have1 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#db ,u4,s4,c4 #dcba note2 relating to tackling the climate crisis at home and abroad71 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 through the bipartisan ,infrastructure ,investment and ,jobs ,act 7,public ,law #aag-eh2 #ace ,stat4 #dbi71 ,congress provided funding for the ,indian ,health ,service and the ,environmental ,protection ,agency to support the construction and repair of ,tribal clean water infrastructure1 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 infrastructure2 7#h7 filling the gaps in funding described in paragraph 7#g7 is necessary to successfully implement the historic investment in clean water infrastructure in ,native communities2 7#i7 technical assistance to ,indian ,tribes is necessary to ensure that ,indian ,tribes are able-- 7,a7 to access and take advantage of the new funding described in paragraph 7#g72 7,b7 to develop the managerial1 financial1 and regulatory framework necessary for a fully functional and self-sustaining utility2 and 7,c7 to engage appropriate outside consultants to assist as needed2 7#aj7 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#aa7 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#ab7 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#ac7 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 ,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#b7 ,native community ,the term ,native community means-- 7,a7 an ,indian ,tribe2 and 7,b7 a ,native ,hawaiian community4 7#c7 ,native hawaiian ,the term ,native ,hawaiian has the meaning given the term in section #hja of the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7#be ,u4,s4,c4 #dbba74 7#d7 ,technical assistance ,the term technical assistance means any contracted or governmental expertise-- 7,a7 to facilitate ,native community access to repair and construction funding for clean water facilities made available through the ,infrastructure ,investment and ,jobs ,act 7,public ,law #aag-eh2 #ace ,stat4 #dbi7 or the rural development mission area of the ,department of ,agriculture2 and 7,b7 to support ,native communities in developing the managerial1 financial1 and regulatory capacity necessary for a fully functional and self-sustaining utility4 #d4 ,department of ,agriculture rural development 7a7 ,extension of authority for grants and loans ,in addition to the purposes for which grants and loans may be provided under sections #cjf;,c and #cjf;,d of the ,consolidated ,farm and ,rural ,development ,act 7#g ,u4,s4,c4 #aibf;c1 #aibf;d71 the ,secretary of ,agriculture 7referred to in this section as the ,secretary7 may make or insure loans and make grants to eligible entities described in subsection 7c7 for technical assistance4 7b7 ,authorization of appropriations ,in addition to amounts otherwise available1 there are authorized to be appropriated to the ,secretary for each of fiscal years #bjbd through #bjbh-- 7#a7 #ajj1jjj1jjj1 to remain available until expended1 to make or insure loans and 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;d71 and for the additional purposes described in subsection 7a71 to eligible entities described in subsection 7c7 to provide for the development1 use1 and control of water 7including the extension or improvement of existing water supply systems72 and 7#b7 #cj1jjj1jjj1 to remain available until expended1 for eligible entities described in subsection 7c7 to contract for technical assistance4 7c7 ,eligible entities ,an entity eligible to receive a grant or an award of financial or technical assistance using amounts appropriated under paragraph 7#a7 or 7#b7 of subsection 7b7 or amounts otherwise available under sections #cjf;,c and #cjf;,d of the ,consolidated ,farm and ,rural ,development ,act 7#g ,u4,s4,c4 #aibf;c1 #aibf;d7-- 7#a7 is a ,native community2 and 7#b7 in the case of a grant under section #cjf;,d of that ,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 7d7 ,no matching contribution ,the funds made available under subsection 7b7 shall not require any matching contribution otherwise required by any other provision of law 7including regulations74 7e7 ,priority for funding ,in making or insuring loans or making grants to eligible entities using amounts appropriated under subsection 7b71 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 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-- 7,a7 from the resources of the eligible entity or members2 or 7,b7 through commercial credit4 7f7 ,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 appropriated under subsection 7b7 are used in the most effective manner to promote access to water and sanitation4 #e4 ,indian ,health ,service 7a7 ,definition of ,secretary ,in this section1 the term ,secretary means the ,secretary of ,health and ,human ,services1 acting through the ,director of the ,indian ,health ,service4 7b7 ,sanitation facilities construction program ,for purposes of section #g7;a77#a7 of the ,act of ,august #e1 #aied 7#db ,u4,s4,c4 #bjjd;a7a77#a771 ,indian homes1 communities1 and lands for which the ,secretary has authority to construct1 improve1 extend1 or otherwise provide and maintain1 by contract or otherwise1 essential sanitation facilities1 including domestic and community water supplies and facilities1 drainage facilities1 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 educational1 economic1 and community services1 such as schools1 hospitals1 nursing homes1 teachers' homes1 ,tribal offices1 and post offices4 7c7 ,authorization of appropriations ,in addition to amounts otherwise available1 there is authorized to be appropriated to the ,secretary #bj1jjj1jjj for each of fiscal years #bjbd through #bjbh1 to remain available until expended1 to construct1 improve1 extend1 or otherwise provide and maintain essential sanitation facilities1 including domestic and community water supplies and facilities1 drainage facilities1 and sewage-disposal and waste-disposal facilities1 for community structures described in subsection 7b74 7d7 ,technical assistance funding ,in addition to amounts otherwise available1 there is authorized to be appropriated to the ,secretary #cj1jjj1jjj for each of fiscal years #bjbd through #bjbh1 to remain available until expended1 for ,indian ,tribes and ,native communities to enter into contracts for-- 7#a7 technical assistance2 and 7#b7 activities authorized under section #cjb7;b77#b7 of the ,indian ,health ,care ,improvement ,act 7#be ,u4,s4,c4 #afcb7;b77#b774 7e7 ,operation and maintenance funding 7#a7 ,in general ,the ,secretary may provide financial assistance for the operation and maintenance of water facilities serving ,native communities4 7#b7 ,authorization of appropriations ,in addition to amounts otherwise available1 there is authorized to be appropriated to the ,secretary #ajj1jjj1jjj for each of fiscal years #bjbd through #bjbh1 to remain available until expended1 for the operation and maintenance of water facilities serving ,native communities under paragraph 7#a74 7#c7 ,priority for funding ,in awarding funding for the operation and maintenance of water facilities under paragraph 7#a71 the ,secretary shall prioritize water facilities that the ,secretary determines to be the most in need of assistance4 7#d7 ,future funding ,for not less than #e fiscal years after the date on which an operation and maintenance of water facilities project described in paragraph 7#a7 is completed1 to the extent to which annual appropriations are available1 the ,secretary shall include the completed water facilities project as eligible for sustained funding support and guidance to ensure that-- 7,a7 the investments in the water facilities are adequately maintained and operated for the health and welfare of ,native communities served2 7,b7 the infrastructure investment is protected2 and 7,c7 the intended economic benefit is realized4 #f4 ,funding for native american affairs technical assistance program of the bureau of reclamation ,in addition to amounts otherwise available1 there is authorized to be appropriated to the ,secretary of the ,interior #ah1jjj1jjj 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 each of fiscal years #bjbd through #bjbh1 to remain available until expended4