[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2369 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                S. 2369

  To provide access to reliable, clean, and drinkable water on Tribal 
                     lands, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 15, 2021

  Mr. Bennet (for himself and Mr. Heinrich) introduced the following 
  bill; which was read twice and referred to the Committee on Indian 
                                Affairs

_______________________________________________________________________

                                 A BILL


 
  To provide access to reliable, clean, and drinkable water on Tribal 
                     lands, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Tribal Access to Clean Water Act of 
2021''.

SEC. 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) 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;
            (8) 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;
            (9) 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
            (10) 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.

SEC. 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 (as defined in section 801 of 
                the Native American Housing Assistance and Self-
                Determination Act of 1996 (25 U.S.C. 4221)) community.
            (4) 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)).
            (5) Tribal land.--The term ``Tribal land'' means--
                    (A) any land located within the boundaries of--
                            (i) an Indian reservation, pueblo, or 
                        rancheria; or
                            (ii) a former reservation within Oklahoma;
                    (B) any land not located within the boundaries of 
                an Indian reservation, pueblo, or rancheria, the 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) any 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) those areas or communities designated by the 
                Assistant Secretary of Indian Affairs of the Department 
                of the Interior that are near, adjacent, or contiguous 
                to reservations where financial assistance and social 
                service programs are provided to Indians because of 
                their status as Indians.

SEC. 4. INDIAN HEALTH SERVICE.

    (a) Sanitation Facilities Construction Program Funding.--
            (1) Appropriation.--In addition to amounts otherwise 
        available, there is appropriated to the Secretary of Health and 
        Human Services, acting through the Director (referred to in 
        this section as the ``Secretary''), out of amounts in the 
        Treasury not otherwise appropriated, $3,410,000,000 for the 
        fiscal year ending September 30, 2021, to remain available 
        until expended, for all activities authorized under section 
        302(b)(1) of the Indian Health Care Improvement Act (25 U.S.C. 
        1632(b)(1)), including the planning, design, construction, 
        modernization, improvement, and renovation of water, sewer, and 
        solid waste sanitation facilities: Provided, That the Secretary 
        may retain up to 10 percent of the amounts appropriated under 
        this paragraph for administration of the Sanitation Facilities 
        Construction Program and related management and staffing 
        purposes.
            (2) Priority for funding.--In awarding funding for the 
        planning, design, construction, modernization, improvement, and 
        renovation of water, sewer, and solid waste sanitation 
        facilities under paragraph (1), the Secretary shall prioritize 
        sanitation facilities with the highest deficiency level, as 
        established in the Report.
    (b) 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, 2021, 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)).
    (c) 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, 2021, 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 the most 
        in need of assistance, as identified by the Operation and 
        Maintenance Capability Ratings of the Indian Health Service.
            (3) Future funding.--On completion of an operation and 
        maintenance of water facilities project described in paragraph 
        (1), the Secretary shall, for not less than 5 years after the 
        date on which the project is completed and to the extent to 
        which annual appropriations are available, 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 served, ensuring that the 
        infrastructure investment is protected and the intended 
        economic benefit is realized.

SEC. 5. DEPARTMENT OF AGRICULTURE RURAL DEVELOPMENT.

    (a) Appropriation.--In addition to amounts otherwise available, 
there is appropriated to the Secretary of Agriculture (referred to in 
this section as the ``Secretary''), 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.--An eligible entity shall not be 
required to provide any matching contribution otherwise required by any 
other provision of law (including regulations) with respect to a grant 
received by the eligible entity from amounts appropriated by subsection 
(a).
    (d) Priority for Funding.--In awarding grants to eligible entities 
using amounts appropriated by subsection (a), the Secretary 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 shall consult with 
the Director of the Indian Health Service 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.

SEC. 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 ``2031''.
            (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 ``2031''.
    (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, 
                $2,000,000,000 to carry out this subsection.
                    (B) Administrative expenses; use of funds.--Of the 
                amounts made available under subparagraph (A), the 
                Secretary--
                            (i) 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; and
                            (ii) of the remaining amounts, shall make 
                        available--
                                    (I) 50 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 7, 2014, to 
                                remain available until expended; and
                                    (II) 50 percent to carry out the 
                                competitive grant program established 
                                under paragraph (2), to remain 
                                available until expended.
    (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, 2021, to remain available until 
expended.

SEC. 7. DRINKING WATER AND CLEAN WATER STATE REVOLVING FUNDS.

    (a) Appropriation.--Notwithstanding any amounts reserved under 
section 518(c) of the Federal Water Pollution Control Act (33 U.S.C. 
1377(c)) or section 1452(i)(1) of the Safe Drinking Water Act (42 
U.S.C. 300j-12(i)(1)) and in addition to amounts otherwise made 
available, there is appropriated to the Administrator of the 
Environmental Protection Agency (referred to in this section as the 
``Administrator'') for the fiscal year ending September 30, 2021, out 
of any amounts in the Treasury not otherwise appropriated, to remain 
available until expended--
            (1) $100,000,000 for the purposes described in section 
        518(c)(3) of the Federal Water Pollution Control Act (33 U.S.C. 
        1377(c)(3)); and
            (2) $100,000,000 for the purposes described in section 
        1452(i) of the Safe Drinking Water Act (42 U.S.C. 300j-12(i)).
    (b) Use of Funds.--
            (1) Technical assistance.--Of the amounts made available 
        under subsection (a), the Administrator may use $5,000,000 to 
        provide training, technical assistance, and educational 
        programs to Native communities with respect to the operation 
        and maintenance of treatment works (as defined in section 212 
        of the Federal Water Pollution Control Act (33 U.S.C. 1292)) 
        and public water systems (as defined in section 1401 of the 
        Safe Drinking Water Act (42 U.S.C. 300f)).
            (2) Management and oversight costs.--Of the amounts made 
        available under subsection (a), the Administrator may use 2 
        percent for the management and oversight of Native community 
        projects carried out using funds made available under that 
        subsection.
    (c) Requirements.--
            (1) 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 (a), including by--
                    (A) increasing direct communication with Native 
                communities to better assess the needs of those Native 
                communities;
                    (B) providing clear information to Native 
                communities with respect to funding availability; and
                    (C) providing an option to receive funding under 
                this section through a direct grant using the amounts 
                made available under subsection (a) or through an 
                interagency agreement with the Indian Health Service.
            (2) Interagency collaboration.--In carrying out this 
        section, the Administrator shall consult with the Director 
        regarding agency collaboration, project prioritization, and 
        staffing needs to ensure that amounts made available under 
        subsection (a) are used in the most effective manner to promote 
        Native community access to drinking water and wastewater 
        services.
    (d) Transfer of Funds.--Nothing in this section affects the 
authority of the Administrator to transfer funds made available under 
subsection (a) among the accounts for--
            (1) the program established under section 518 of the 
        Federal Water Pollution Control Act (33 U.S.C. 1377); and
            (2) the program established under section 1452(i) of the 
        Safe Drinking Water Act (42 U.S.C. 300j-12(i)).
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