,,iii #aahth ,,congress #ast ,session ,s4 ,,res4 #cee ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #ba1 #bjbc,mr4 ,bennet 7for himself1 ,mr4 ,padilla1 ,mr4 ,schatz1 ,mr4 ,wyden1 ,ms4 ,warren1 ,mr4 ,merkley1 ,ms4 ,duckworth1 ,mr4 ,hickenlooper1 ,mrs4 ,murray1 ,mr4 ,booker1 ,mr4 ,tester1 ,mr4 ,kelly1 ,mr4 ,lujn1 ,mr4 ,king1 ,mr4 ,heinrich1 and ,ms4 ,cantwell7 submitted the following resolution2 which was referred to the ,committee on ,indian ,affairs ,,resolution ,recognizing the critical importance of access to reliable1 clean drinking water for ,native ,americans and affirming the responsibility of the ,federal ,government to ensure such water access4 ,whereas access to reliable1 clean drinking water is an essential human need that is critical to the public health1 well-being1 educational attainment1 and economic development of all communities in the ,united ,states2 ,whereas many countries1 along with the ,united ,nations1 have recognized the urgency of water access by passing laws or resolutions relating to the human right to water1 including recognition of this right among indigenous peoples and establishing aggressive targets for achieving universal access to this basic right2 ,whereas1 in the ,united ,states1 access to reliable1 clean drinking water has long been a significant problem in many ,native communities1 such that nearly #a_/b of all ,native households in the continental ,united ,states still do not have access to reliable water sources or clean drinking water1 and ,native households are significantly more likely than ,white households to lack indoor plumbing2 ,whereas reliable1 clean drinking water may be unavailable to ,native households for many reasons1 including because-- 7#a7 there is no piped water system connecting to the house2 7#b7 the water available to the household does not meet minimum protective standards2 7#c7 the water infrastructure is deteriorating or insufficient2 or 7#d7 ,indian ,tribes1 ,alaska ,native ,villages1 and ,native ,hawaiian communities are unable to support the operation and maintenance needs of existing water infrastructure2 ,whereas many ,native communities have significant unresolved claims for federally reserved water rights1 many of which have been unresolved for decades and which may not be resolved for many years to come1 due in part to the complex and significant issues typically involved in water rights adjudication and settlements2 ,whereas the development of water infrastructure on ,federal ,indian reservations1 in particular1 has frequently been conditioned on the settlement of ,tribal reserved water rights and has been prevented or delayed by-- 7#a7 continuing uncertainty over the status of ,tribal water rights2 7#b7 the years-long process of ,tribal water rights settlements2 or 7#c7 conflict over the quantification of ,tribal reserved water rights in ,state water rights adjudications2 ,whereas the quantity of water that would be required to supply reliable1 clean drinking water to provide for the basic needs of each ,native community is typically only a small fraction of the total quantity water allocated to the ,native community2 ,whereas the trust responsibility of the ,federal ,government to ,indian ,tribes1 ,alaska ,native ,villages1 and ,native ,hawaiian communities requires the ,federal ,government to ensure the survival and welfare of ,native ,americans1 and the failure to provide basic water service cannot be reconciled with this trust responsibility2 ,whereas the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecja et seq47 affirmed the trust responsibility of the ,federal ,government to support ,tribal self-governance and self-determination1 and these goals cannot be fully realized without addressing inequities1 including ensuring access to reliable1 clean drinking water for every ,tribal community2 ,whereas the ,,covid-#ai pandemic provided a stark reminder that access to reliable1 clean drinking water to support basic hygiene is a matter of life or death for all individuals of the ,united ,states and ,native communities suffer disproportionate impacts during epidemics and disasters due to a multitude of factors1 including-- 7#a7 persistent economic disadvantages on ,federal ,indian reservations1 in ,alaska ,native ,villages1 and in ,native ,hawaiian communities2 7#b7 lack of on-reservation affordable and safe housing2 and 7#c7 lack of public health infrastructure1 including access to running water2 ,whereas1 on ,january #bg1 #bjba1 ,president ,biden issued ,executive ,order #adjjh 7#hf ,fed4 ,reg4 #gfai2 relating to tackling the climate crisis71 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 ,whereas1 through the bipartisan ,infrastructure ,investment and ,jobs ,act 7,public ,law #aag-eh2 #ace ,stat4 #dbi7 7referred to in this preamble as ,,iija7 and the ,inflation ,reduction ,act of #bjbb 7,public ,law #aag-afi2 #acf ,stat4 #ahah7 7referred to in this preamble as ,,ira71 ,congress has provided funding for the ,indian ,health ,service1 the ,environmental ,protection ,agency1 and the ,bureau of ,reclamation to support the construction and repair of ,tribal clean water infrastructure1 but inadequate resources are available to ,tribes to assist them with accessing these construction and repair funding programs1 and to support ,tribal operation and maintenance of water infrastructure1 which is necessary to successfully implement the historic investment in clean water infrastructure2 ,whereas many ,native communities need technical assistance to ensure that the ,native communities can-- 7#a7 access and take advantage of the new construction funding made available through the ,,iija and ,,ira2 7#b7 develop the managerial1 financial1 and regulatory framework necessary for a fully functional and self-sustaining utility2 and 7#c7 engage appropriate outside support to assist1 as needed2 ,whereas 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 ,whereas 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 ,whereas appropriate funding at the level of unmet need and a #8#8whole-of-government'' approach among all ,federal agencies are both essential to provide a meaningful solution to the lack of access to clean water in ,native communities3 ,now1 therefore1 be it ,that-- 7#a7 it is the sense of the ,senate that-- 7,a7 access to reliable1 clean drinking water is an essential human need1 and such access on ,federal ,indian reservations1 ,alaska ,native villages1 and in ,native ,hawaiian communities is-- 7i7 critical to the health1 well-being1 and economic development of the individuals living on those lands and in those communities2 and 7ii7 integral to maintaining the public health of the people of the ,united ,states2 7,b7 settlement or adjudication of ,tribal claims of reserved water rights is not and should not be a prerequisite to the provision of this basic human service to households located in ,native communities1 nor should the provision of basic human services be used to leverage the resolution of ,tribal reserved water rights and claims2 7,c7 the provision of reliable1 clean drinking water to support the domestic requirements of ,indian ,tribes1 ,alaska ,native ,villages1 and ,native ,hawaiian communities is an essential component of the ,federal trust responsibility to ,native ,americans and critical to supporting permanent homelands2 7,d7 while funding for safe drinking water systems for ,native communities received a significant and groundbreaking boost from the ,infrastructure ,investment and ,jobs ,act 7,public ,law #aag-eh2 #ace ,stat4 #dbi7 7referred to in this resolution as ,,iija7 and the ,inflation ,reduction ,act of #bjbb 7,public ,law #aag-afi2 #acf ,stat4 #ahah7 7referred to in this resolution as ,,ira71 the funding made available for construction and repair of domestic water systems in ,native communities is not a complete solution2 7,e7 technical assistance is urgently needed to allow ,native communities to plan and design the systems necessary to remedy the longstanding problem of lack of access to clean drinking water and bring those plans to the shovel ready stage where ,native communities can take advantage of available construction funding2 7,f7 ,native communities need support to develop the managerial1 financial1 and regulatory capacity necessary for a fully functional and self-sustaining utility and to support the operation and maintenance of water systems2 and 7,g7 further measures are necessary to ensure that the benefits of the historic investments made by the ,,iija and ,,ira in infrastructure are fully realized2 and 7#b7 the ,senate-- 7,a7 calls upon the ,federal executive branch to-- 7i7 work in collaboration with the relevant ,native governmental entities and ,state and local jurisdictions to expedite the planning1 design1 development1 and operation of the infrastructure necessary to provide reliable1 clean drinking water on ,federal ,indian reservations1 in ,alaska ,native ,villages1 and in ,native ,hawaiian communities2 and 7ii7 inform ,congress of further authorizations and expenditures that may be necessary to meet the objective described in clause 7i72 7,b7 calls upon the ,federal executive branch to-- 7i7 employ a whole-of-government approach to ensure the provision of reliable1 clean drinking water to households on ,federal ,indian reservations1 in ,alaska ,native villages1 and in ,native ,hawaiian communities2 7ii7 create an interagency task force consisting of high-level representatives from departments and agencies with authority to provide water infrastructure that will work to remove barriers1 optimize funding1 and make immediate and tangible progress on meeting the objective described in clause 7i72 and 7iii7 report annually to ,congress on the progress toward the objective described in clause 7i72 and 7,c7 calls upon the ,federal executive branch1 ,state governments1 and affected water agencies to-- 7i7 affirmatively support de-coupling the planning1 design1 development1 and operation of water infrastructure from the settlement or adjudication of ,tribal reserved water rights2 and 7ii7 support the development of water infrastructure necessary to provide reliable1 clean drinking water in ,native communities independent of settlements or adjudications of ,tribal reserved water rights4