[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4746 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 4746

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 19, 2023

  Mr. Neguse (for himself, Ms. Moore of Wisconsin, Ms. Stansbury, Ms. 
Norton, 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.

    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 
2023''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (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 COVID-19 pandemic had, and continues to have, 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 (Public Law 117-58; commonly referred to as the 
        ``IIJA''), 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 inadequate resources are available to Tribes to assist them 
        with accessing these construction and repair funding programs, 
        and to support Tribes' operation and maintenance of water 
        infrastructure.
            (8) Filling the gaps in funding described in paragraph (7) 
        is necessary to successfully implement the historic investment 
        in clean water infrastructure in Native communities.
            (9) Technical assistance to Tribes is necessary to ensure 
        that they--
                    (A) are able to access and take advantage of the 
                new construction funding made available through the 
                IIJA;
                    (B) develop the managerial, financial, and 
                regulatory framework necessary for a fully functional 
                and self-sustaining utility; and
                    (C) are able to engage appropriate outside 
                consultants to assist as needed.
            (10) 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.
            (11) 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.
            (12) 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.
            (13) 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) 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).
            (2) Native community.--The term ``Native community'' 
        means--
                    (A) an Indian Tribe; and
                    (B) a Native Hawaiian community.
            (3) 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).
            (4) Technical assistance.--The term ``technical 
        assistance'' means the provision of governmental or private 
        sector expertise--
                    (A) to facilitate Native community access to repair 
                and construction funding for clean water facilities 
                made available through the Infrastructure Investment 
                and Jobs Act (Public Law 117-58; 135 Stat. 429) or the 
                rural development mission area of the Department of 
                Agriculture; and
                    (B) to support Native communities in developing the 
                managerial, financial, and regulatory capacity 
                necessary for a fully functional and self-sustaining 
                utility.

SEC. 4. DEPARTMENT OF AGRICULTURE RURAL DEVELOPMENT.

    (a) Extension of Authority for Grants and Loans.--In addition to 
the purposes for which loans and grants may be provided under sections 
306C and 306D of the Consolidated Farm and Rural Development Act (7 
U.S.C. 1926c, 1926d), the Secretary of Agriculture (referred to in this 
section as the ``Secretary'') may make or insure loans and make grants 
to eligible entities described in subsection (c) for technical 
assistance.
    (b) Authorization of Appropriations.--In addition to amounts 
otherwise available, there are authorized to be appropriated to the 
Secretary for each of fiscal years 2024 through 2028--
            (1) $100,000,000, to remain available until expended, to 
        make or insure loans and make grants under sections 306C and 
        306D of the Consolidated Farm and Rural Development Act (7 
        U.S.C. 1926c, 1926d), and for the additional purposes described 
        in subsection (a), to eligible entities described in subsection 
        (c) to provide for the development, use, and control of water 
        (including the extension or improvement of existing water 
        supply systems); and
            (2) $30,000,000, to remain available until expended, for 
        eligible entities described in subsection (c) to contract for 
        technical assistance.
    (c) Eligible Entities.--An entity eligible to receive a grant or an 
award of financial or technical assistance using amounts appropriated 
under paragraph (1) or (2) of subsection (b) or amounts otherwise 
available under sections 306C and 306D of the Consolidated Farm and 
Rural Development Act (7 U.S.C. 1926c, 1926d) is--
            (1) a Native community; or
            (2) in the case of a grant in accordance with section 306D 
        of the Consolidated Farm and Rural Development Act, a 
        consortium formed pursuant to section 325 of Public Law 105-83 
        (111 Stat. 1597).
    (d) No Matching Contribution.--The provision of funds made 
available under subsection (b) shall not be conditioned on any matching 
contribution otherwise required by any other provision of law 
(including regulations).
    (e) Priority for Funding.--In making or insuring loans or making 
grants to eligible entities using amounts appropriated under subsection 
(b), 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) make or insure the loans or award the grants without 
        requiring the 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.
    (f) Interagency Collaboration.--The Secretary shall consult with 
the Director of the Indian Health Service regarding agency 
collaboration, project prioritization, and staffing needs to ensure 
that funds made available under subsection (b) are used in the most 
effective manner to promote access to water and sanitation.

SEC. 5. INDIAN HEALTH SERVICE.

    (a) Definition of Secretary.--In this section, the term 
``Secretary'' means the Secretary of Health and Human Services, acting 
through the Director of the Indian Health Service.
    (b) Sanitation Facilities Construction Program.--For the purposes 
of section 7(a)(1) of the Act of August 5, 1974 (42 U.S.C. 
2004a(a)(1)), ``Indian homes, communities, and lands'' for which the 
Secretary 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-disposal and waste-disposal 
facilities'' shall include community 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.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary, in addition to amounts otherwise 
available, $20,000,000 for each of fiscal years 2024 through 2028, to 
remain available until expended, 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 for community structures described in subsection (b).
    (d) Technical Assistance Funding.--In addition to amounts otherwise 
available, there is authorized to be appropriated to the Secretary 
$30,000,000 for each of fiscal years 2024 through 2028, to remain 
available until expended, for Indian Tribes and Native communities to 
enter into contracts for--
            (1) technical assistance; and
            (2) for other activities authorized under section 302(b)(2) 
        of the Indian Health Care Improvement Act (25 U.S.C. 
        1632(b)(2)).
    (e) Operation and Maintenance Funding.--
            (1) In general.--The Secretary may provide financial 
        assistance for the operation and maintenance of water 
        facilities serving Native communities.
            (2) Authorization of appropriations.--In addition to 
        amounts otherwise available, there is authorized to be 
        appropriated to the Secretary $100,000,000 for each of fiscal 
        years 2024 through 2028, to remain available until expended, 
        for providing assistance for the operation and maintenance of 
        water facilities serving Native communities.
            (3) Priority for funding.--In awarding funding under 
        paragraph (2), the Secretary shall prioritize water facilities 
        that the Secretary determines to be the most in need of 
        assistance.
            (4) Future funding.--For not less than 5 years after the 
        date on which a 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 funding assistance for operation and 
        maintenance of the water facility 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.

SEC. 6. BUREAU OF RECLAMATION.

    In addition to amounts otherwise available, there is authorized to 
be appropriated to the Secretary of the Interior $18,000,000 for each 
of fiscal years 2024 through 2028, to remain available until expended, 
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, 2024.
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