,,ii #aaith ,,congress #ast ,session ,s4 #bbgb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #ad1 #bjbe,mr4 ,bennet 7for himself1 ,mr4 ,heinrich1 ,mr4 ,hickenlooper1 ,mr4 ,sanders1 ,mr4 ,wyden1 ,ms4 ,warren1 and ,mr4 ,padilla7 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 #bjbe4 #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 communities on ,tribal lands1 such that nearly half of all households on ,tribal lands do not have access to reliable water sources1 clean drinking water1 or basic sanitation1 and are significantly more likely than other households in the ,united ,states to lack indoor plumbing2 7#d7 the first of the #e pillars announced on ,february #d1 #bjbe1 by the ,administrator of the ,environmental ,protection ,agency ,lee ,zeldin that will guide the work of the ,environmental ,protection ,agency under the ,powering the ,great ,american ,comeback ,initiative is the principle that every ,american should have access to clean air1 land1 and water2 7#e7 the trust responsibility of the ,federal ,government to ,indian ,tribes and the ,native ,hawaiian ,community requires the ,federal ,government to ensure the survival and welfare of ,indian ,tribes and the ,native ,hawaiian ,community1 and the failure to provide basic water service cannot be reconciled with that trust responsibility2 7#f7 the public health of ,indian ,tribes and the ,native ,hawaiian ,community lags behind other communities in the ,united ,states at least in part as a result of lack of public health infrastructure1 including access to running water2 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-- 7,a7 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 and 7,b7 much of that funding is unavailable to the ,native ,hawaiian ,community2 7#h7 filling the gaps in funding described in paragraph 7#g7 is necessary for efficient implementation of the historic investment in clean water infrastructure for ,indian ,tribes and the ,native ,hawaiian ,community2 7#i7 technical assistance to ,indian ,tribes and ,native ,hawaiian organizations is necessary to ensure that ,indian ,tribes and the ,native ,hawaiian ,community 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 on ,tribal lands2 and 7,b7 enhancing resilience in the face of extreme weather events2 7#aa7 past epidemics of communicable diseases and the threat of future such occurrences are stark reminders that access to reliable1 clean1 and drinkable water to support basic health 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 ,tribal lands 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 ,hawaiian community ,the term ,native ,hawaiian ,community has the meaning given the term ,native ,hawaiian community in section #ej4d of title #dc1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act74 7#c7 ,native ,hawaiian organization 7,a7 ,in general ,the term ,native ,hawaiian organization has the meaning given the term in section #fbjg of the ,native ,hawaiian ,education ,act 7#bj ,u4,s4,c4 #geag74 7,b7 ,inclusion ,the term ,native ,hawaiian organization includes the ,department of ,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 #dbba774 7#d7 ,technical assistance ,the term technical assistance means any expertise provided1 whether through direct service1 grant1 contract1 or cooperative agreement-- 7,a7 to facilitate access by ,indian ,tribes and ,native ,hawaiian organizations to repair and construction funding for drinking water and sanitation facilities made available through-- 7i7 the ,infrastructure ,investment and ,jobs ,act 7,public ,law #aag-eh2 #ace ,stat4 #dbi72 7ii7 the rural development mission area of the ,department of ,agriculture2 or 7iii7 any other funding source1 the purpose of which is to provide funding to repair and construct drinking water and sanitation facilities2 and 7,b7 to support ,indian ,tribes and ,native ,hawaiian organizations in developing the managerial1 financial1 and regulatory capacity necessary to build1 operate1 and maintain drinking water and sanitation infrastructure on ,tribal land4 7#e7 ,tribal land ,the term ,tribal land has the meaning given the term in section #ije7;a7 of division ,n of the ,consolidated ,appropriations ,act1 #bjba 7#dg ,u4,s4,c4 #agje7;a774 #d4 ,department of ,agriculture rural development 7a7 ,water and waste facility loans and grants ,to alleviate health risks ,section #cjf;,c7a7 of the ,consolidated ,farm and ,rural ,development ,act 7#g ,u4,s4,c4 #aibf;c7a77 is amended-- 7#a7 in paragraph 7#a71 in the first sentence of the matter preceding subparagraph 7,a71 by inserting ,native ,hawaiian organizations 7as defined in section #fbjg of the ,native ,hawaiian ,education ,act 7#bj ,u4,s4,c4 #geag771 including the ,department of ,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 #dbba771 after other federally recognized ,indian tribes12 and 7#b7 in paragraph 7#b71 by adding at the end the following3 7,c7 ,tribal residents ,notwithstanding subparagraph 7,a71 loans and grants under paragraph 7#a7 may also be made if the loan or grant funds will be used primarily to provide water or waste services1 or both1 to residents on ,tribal land 7as defined in section #ije7;a7 of division ,n of the ,consolidated ,appropriations ,act1 #bjba 7#dg ,u4,s4,c4 #agje7;a7774 4 7b7 ,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 to1 make grants to1 or enter into cooperative agreements or contracts with eligible entities described in subsection 7d7 for technical assistance4 7c7 ,authorization of appropriations ,in addition to amounts otherwise available1 there are authorized to be appropriated to the ,secretary for each of fiscal years #bjbf through #bjcj-- 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 7b71 to eligible entities described in subsection 7d7 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 7d7 to obtain or contract for technical assistance4 7d7 ,eligible entities ,an entity eligible to receive a grant or an award of financial or technical assistance using amounts appropriated pursuant to the authorizations of appropriations under paragraphs 7#a7 and 7#b7 of subsection 7c7 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 an ,indian ,tribe or a ,native ,hawaiian organization2 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 7e7 ,no matching contribution ,the funds made available under subsection 7c7 shall not require any matching contribution otherwise required by any other provision of law 7including regulations74 7f7 ,exceptions ,for purposes of any loan or grant to1 or cooperative agreement or contract with1 an eligible entity using amounts appropriated under subsection 7c7-- 7#a7 the requirements under section #cjf;,c7a77#b7 of the ,consolidated ,farm and ,rural ,development ,act 7#g ,u4,s4,c4 #aibf;c7a77#b77 shall not apply2 and 7#b7 an eligible entity or the members of an eligible entity shall not be required 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 7g7 ,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 7c7 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 7#a7 ,in general ,for purposes of section #g7;a77#a7 of the ,act entitled ,an ,act to transfer the maintenance and operation of hospital and health facilities for ,indians to the ,public ,health ,service1 and for other purposes1 approved ,august #e1 #aied 7#db ,u4,s4,c4 #bjjd;a7a77#a771 the term ,indian homes1 communities1 and lands shall include non-commercial community structures that are essential to the life of an ,indian ,tribe or to ,tribal government services on ,tribal land providing indispensable educational1 health1 or other community services1 such as schools1 hospitals1 clinics1 nursing homes1 ,tribal employees' homes1 ,tribal offices1 and post offices4 7#b7 ,authorization of appropriations ,in addition to amounts otherwise available1 there is authorized to be appropriated to the ,secretary #ejj1jjj1jjj for each of fiscal years #bjbf through #bjcj1 to remain available until expended1 to carry out section #g7;a77#a7 of the ,act entitled ,an ,act to transfer the maintenance and operation of hospital and health facilities for ,indians to the ,public ,health ,service1 and for other purposes1 approved ,august #e1 #aied 7#db ,u4,s4,c4 #bjjd;a7a77#a774 7c7 ,technical assistance funding ,in addition to amounts otherwise available1 there is authorized to be appropriated to the ,secretary #cj1jjj1jjj for each of fiscal years #bjbf through #bjcj1 to remain available until expended1 for ,indian ,tribes 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 7d7 ,operation and maintenance funding 7#a7 ,in general ,the ,secretary may provide financial assistance for the operation and maintenance of drinking water and sanitation facilities serving ,indian ,tribes that are owned and operated by an ,indian ,tribe4 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 #bjbf through #bjcj1 to remain available until expended1 for the operation and maintenance of drinking water and sanitation facilities serving ,indian ,tribes under paragraph 7#a74 7#c7 ,priority for funding ,in awarding funding for the operation and maintenance of drinking water and sanitation facilities under paragraph 7#a71 the ,secretary shall prioritize drinking water and sanitation 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 a drinking water or sanitation 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 drinking water or sanitation facilities are adequately maintained and operated for the health and welfare of ,indian ,tribes served2 7,b7 the infrastructure investment is protected2 and 7,c7 the intended health promotion 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 #bjbf through #bjcj1 to remain available until expended4