105 HR 7632 IH: Tribal Access to Clean Water Act of 2022
U.S. House of Representatives
2022-04-28
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EN
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I
117th CONGRESS
2d Session
H. R. 7632
IN THE HOUSE OF REPRESENTATIVES
April 28, 2022
Mr. Neguse (for himself, Mr. Blumenauer, Ms. Moore of Wisconsin, Mr. Carter of Louisiana, Ms. Davids of Kansas, Ms. DeGette, Mr. Kildee, Ms. Norton, Mr. O'Halleran, Mr. Vargas, Mr. Sablan, Ms. Stansbury, Mr. Schrader, and Mr. Thompson of California) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committees on Energy and Commerce, and Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
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 2022”.
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 ongoing COVID–19 pandemic has had 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 (86 Fed. Reg. 7619 (February 1, 2021)), 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 (IIJA), H.R. 3684, Congress has provided funding for the Indian Health Service and the Environmental Protection Agency to support the construction and repair of Tribal clean water infrastructure but no funding has yet been provided to assist Tribes with operation and maintenance of water infrastructure and such funding is necessary to protect the historic investment in this infrastructure and to offset Tribes’ inability to access funding sources relied upon by most municipal water providers;
(8)
technical assistance to Tribes is also necessary to ensure that they are able to access and take advantage of the new construction funding made available through the IIJA, that they develop the managerial, financial, and regulatory framework necessary for a fully functional and self-sustaining utility, and that they are able to engage appropriate outside consultants to assist as needed;
(9)
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;
(10)
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;
(11)
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
(12)
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)

Director
The term Director means the Director of the Indian Health Service.
(2)

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).
(3)

Native community
The term Native community means—
(A)
an Indian Tribe; and
(B)
a Native Hawaiian.
(4)

Native Hawaiian
The term Native Hawaiian has the meaning given that term in section 801 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4221).
(5)

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 302(g) of the Indian Health Care Improvement Act (25 U.S.C. 1632(g)).
(6)

Secretary
Except for the purposes of section 6, the term Secretary means the Secretary of Health and Human Services, acting through the Director.
(7)

Tribal land
The term Tribal land means—
(A)
land located within the boundaries of—
(i)
an Indian reservation, pueblo, or rancheria; or
(ii)
a former reservation within Oklahoma;
(B)
land not located within the boundaries of an Indian reservation, pueblo, or rancheria, title to which is held—
(i)
in trust by the United States for the benefit of an Indian Tribe or an individual Indian;
(ii)
by an Indian Tribe or an individual Indian, subject to restriction against alienation under laws of the United States; or
(iii)
by a dependent Indian community;
(C)
land located within a region established pursuant to section 7(a) of the Alaska Native Claims Settlement Act (43 U.S.C. 1606(a));
(D)
Hawaiian Home Lands (as defined in section 801 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4221)); and
(E)
an area or community designated by the Assistant Secretary of Indian Affairs of the Department of the Interior that are near, adjacent, or contiguous to an Indian reservation where financial assistance and social service programs are provided to Indians because of their status as Indians.
4.

Indian health service
(a)

Sanitation facilities construction program
The term Indian homes, communities, and lands for which the Indian Health Service 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- and waste-disposal facilities” pursuant to Public Law 86–121 (42 U.S.C. 2004a) includes structures that are essential to the life of the Native community and provide indispensable educational, economic, and community services, such as schools, hospitals, nursing homes, teachers’ homes, Tribal offices, and post offices.
(b)

Funding
There is appropriated to the Secretary, out of amounts in the Treasury not otherwise appropriated, $100,000,000 for the fiscal year ending September 30, 2023, to remain available until expended, for the provision of essential sanitation facilities to community structures included in subsection (a) and not previously considered eligible for such service.
(c)

Technical assistance funding
In addition to amounts otherwise available, there is appropriated to the Secretary, out of amounts in the Treasury not otherwise appropriated, $150,000,000 for the fiscal year ending September 30, 2023, to remain available until expended, for technical assistance support in Native communities and for other activities authorized under section 302(b)(2) of the Indian Health Care Improvement Act (25 U.S.C. 1632(b)(2)).
(d)

Operation and maintenance funding
(1)

Appropriation
In addition to amounts otherwise available, there is appropriated to the Secretary, out of amounts in the Treasury not otherwise appropriated, $500,000,000 for the fiscal year ending September 30, 2023, to remain available until expended, for the operation and maintenance of water facilities serving Native communities.
(2)

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.
(3)

Future funding
For not less than 5 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 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.
5.

Department of Agriculture rural development
(a)

Appropriation
In addition to amounts otherwise available, there is appropriated to the Secretary of Agriculture, out of amounts in the Treasury not otherwise appropriated, $500,000,000 to make grants under sections 306C and 306D of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926c, 1926d) to eligible entities described in subsection (b) to provide for the development, use, and control of water (including the extension or improvement of existing water supply systems) in eligible entities the residents of which face significant health risks, as determined by the Secretary, due to a significant proportion of the residents of the eligible entity not having access to, or not being served by, an adequate affordable water supply system.
(b)

Eligible entities
An entity eligible to receive a grant using amounts appropriated by subsection (a)—
(1)
is a Native community; and
(2)
in the case of a grant under section 306D of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926d), includes a consortium formed pursuant to section 325 of Public Law 105–83 (111 Stat. 1597).
(c)

No matching contribution
The funds made available under subsection (a) shall not require any matching contribution otherwise required by any other provision of law (including regulations).
(d)

Priority for funding
In awarding grants to eligible entities using amounts appropriated by subsection (a), the Secretary of Agriculture 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)
award 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.
(e)

Interagency collaboration
The Secretary of Agriculture shall consult with the Director regarding agency collaboration, project prioritization, 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 sanitation.
6.

Bureau of Reclamation
(a)

Rural water supply program reauthorization
(1)

Authorization of appropriations
Section 109(a) of the Rural Water Supply Act of 2006 (43 U.S.C. 2408(a)) is amended by striking “2016” and inserting “2032”.
(2)

Termination of authority
Section 110 of the Rural Water Supply Act of 2006 (43 U.S.C. 2409) is amended by striking “2016” and inserting “2032”.
(b)

Bureau of reclamation rural water supply program
(1)

Definitions
In this subsection:
(A)

Reclamation state
The term Reclamation State means a State described in the first section of the Act of June 17, 1902 (43 U.S.C. 391; 32 Stat. 388, chapter 1093).
(B)

Secretary
The term Secretary means the Secretary of the Interior, acting through the Commissioner of Reclamation.
(2)

Competitive grant program for tribal clean water access projects
(A)

Establishment
In accordance with section 103 of the Rural Water Supply Act of 2006 (43 U.S.C. 2402), 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 100 percent of the cost of planning, design, and construction of a project determined by the Secretary to be eligible for funding under subparagraph (B).
(B)

Eligibility
To be eligible for a grant under subparagraph (A), a project shall, as determined by the Secretary—
(i)
(I)
provide, increase, or enhance access to safe drinking water for communities and households on Tribal land; or
(II)
address public health and safety concerns associated with access to safe drinking water; and
(ii)
be carried out in a Reclamation State.
(C)

Priority
(i)

In general
In providing grants under subparagraph (A), the Secretary shall give priority to projects that meet 1 or more of the following criteria:
(I)
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 application.
(II)
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 land.
(III)
A project that would address needs identified in the Report.
(IV)
A project that is closer to being completed, or farther along in planning, design, or construction, as compared to other projects being considered for funding.
(V)
A project that would take advantage of the experience and technical expertise of the Bureau of Reclamation in the planning, design, and construction of rural water projects, particularly with respect to a project that takes advantage of economies of scale.
(VI)
A project that would take advantage of local or regional partnerships that complement related efforts by Tribal, State, or Federal agencies to enhance access to drinking water or water sanitation services on Tribal land.
(VII)
A project that would leverage the resources or capabilities of other Tribal, State, or Federal agencies to accelerate planning, design, and construction.
(VIII)
A project that would provide multiple benefits, including—
- (aa)
improved water supply reliability;
- (bb)
public health improvements;
- (cc)
ecosystem benefits;
- (dd)
groundwater management and enhancements; and
- (ee)
water quality improvements.
(ii)

Consultation
In prioritizing projects for funding under clause (i), the Secretary—
(I)
shall consult with the Director; and
(II)
may coordinate funding of projects under this paragraph with the Director, the Administrator of the Environmental Protection Agency, the Secretary of Agriculture, and the head of any other Federal agency in any manner that the Secretary determines would—
- (aa)
accelerate project planning, design, or construction; or
- (bb)
otherwise take advantage of the capabilities of, and resources potentially available from, other Federal sources.
(3)

Funding
(A)

In general
In addition to amounts otherwise available, there is appropriated to the Secretary, out of amounts in the Treasury not otherwise appropriated, $1,000,000,000 to carry out this subsection.
(B)

Administrative expenses; use of funds
Of the amounts made available under subparagraph (A), the Secretary may use up to 2 percent for—
(i)
the administration of the rural water supply program established under section 103 of the Rural Water Supply Act of 2006 (43 U.S.C. 2402); and
(ii)
related management and staffing expenses.
(c)

Funding for Native American Affairs Technical Assistance Program of the Bureau of Reclamation
In addition to amounts otherwise available, there is appropriated to the Secretary of the Interior, out of amounts in the Treasury not otherwise appropriated, $90,000,000 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 the fiscal year ending September 30, 2023, to remain available until expended.