[Congressional Record Volume 169, Number 153 (Thursday, September 21, 2023)]
[Senate]
[Pages S4658-S4659]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         SUBMITTED RESOLUTIONS

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SENATE RESOLUTION 355--RECOGNIZING THE CRITICAL IMPORTANCE OF ACCESS TO 
 RELIABLE, CLEAN DRINKING WATER FOR NATIVE AMERICANS AND AFFIRMING THE 
  RESPONSIBILITY OF THE FEDERAL GOVERNMENT TO ENSURE SUCH WATER ACCESS

  Mr. BENNET (for himself, Mr. Padilla, Mr. Schatz, Mr. Wyden, Ms. 
Warren, Mr. Merkley, Ms. Duckworth, Mr. Hickenlooper, Mrs. Murray, Mr. 
Booker, Mr. Tester, Mr. Kelly, Mr. Lujan, Mr. King, Mr. Heinrich, and 
Ms. Cantwell) submitted the following resolution; which was referred to 
the Committee on Indian Affairs:

                              S. Res. 355

       Whereas access to reliable, clean drinking water is an 
     essential human need that is critical to the public health, 
     well-being, educational attainment, and economic development 
     of all communities in the United States;
       Whereas many countries, along with the United Nations, have 
     recognized the urgency of water access by passing laws or 
     resolutions relating to the human right to water, including 
     recognition of this right among indigenous peoples and 
     establishing aggressive targets for achieving universal 
     access to this basic right;
       Whereas, in the United States, access to reliable, clean 
     drinking water has long been a significant problem in many 
     Native communities, such that nearly \1/2\ of all Native 
     households in the continental United States still do not have 
     access to reliable water sources or clean drinking water, and 
     Native households are significantly more likely than White 
     households to lack indoor plumbing;
       Whereas reliable, clean drinking water may be unavailable 
     to Native households for many reasons, including because--
       (1) there is no piped water system connecting to the house;
       (2) the water available to the household does not meet 
     minimum protective standards;
       (3) the water infrastructure is deteriorating or 
     insufficient; or
       (4) Indian Tribes, Alaska Native Villages, and Native 
     Hawaiian communities are unable to support the operation and 
     maintenance needs of existing water infrastructure;
       Whereas many Native communities have significant unresolved 
     claims for federally reserved water rights, many of which 
     have

[[Page S4659]]

     been unresolved for decades and which may not be resolved for 
     many years to come, due in part to the complex and 
     significant issues typically involved in water rights 
     adjudication and settlements;
       Whereas the development of water infrastructure on Federal 
     Indian reservations, in particular, has frequently been 
     conditioned on the settlement of Tribal reserved water rights 
     and has been prevented or delayed by--
       (1) continuing uncertainty over the status of Tribal water 
     rights;
       (2) the years-long process of Tribal water rights 
     settlements; or
       (3) conflict over the quantification of Tribal reserved 
     water rights in State water rights adjudications;
       Whereas the quantity of water that would be required to 
     supply reliable, 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 community;
       Whereas the trust responsibility of the Federal Government 
     to Indian Tribes, Alaska Native Villages, and Native Hawaiian 
     communities requires the Federal Government to ensure the 
     survival and welfare of Native Americans, and the failure to 
     provide basic water service cannot be reconciled with this 
     trust responsibility;
       Whereas the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 5301 et seq.) affirmed the trust 
     responsibility of the Federal Government to support Tribal 
     self-governance and self-determination, and these goals 
     cannot be fully realized without addressing inequities, 
     including ensuring access to reliable, clean drinking water 
     for every Tribal community;
       Whereas the COVID-19 pandemic provided a stark reminder 
     that access to reliable, 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 factors, including--
       (1) persistent economic disadvantages on Federal Indian 
     reservations, in Alaska Native Villages, and in Native 
     Hawaiian communities;
       (2) lack of on-reservation affordable and safe housing; and
       (3) lack of public health infrastructure, including access 
     to running water;
       Whereas, on January 27, 2021, President Biden issued 
     Executive Order 14008 (86 Fed. Reg. 7619; relating to 
     tackling the climate crisis), 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;
       Whereas, through the bipartisan Infrastructure Investment 
     and Jobs Act (Public Law 117-58; 135 Stat. 429) (referred to 
     in this preamble as ``IIJA'') and the Inflation Reduction Act 
     of 2022 (Public Law 117-169; 136 Stat. 1818) (referred to in 
     this preamble as ``IRA''), Congress has provided funding for 
     the Indian Health Service, the Environmental Protection 
     Agency, and the Bureau of Reclamation 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 Tribal operation and maintenance of 
     water infrastructure, which is necessary to successfully 
     implement the historic investment in clean water 
     infrastructure;
       Whereas many Native communities need technical assistance 
     to ensure that the Native communities can--
       (1) access and take advantage of the new construction 
     funding made available through the IIJA and IRA;
       (2) develop the managerial, financial, and regulatory 
     framework necessary for a fully functional and self-
     sustaining utility; and
       (3) engage appropriate outside support to assist, as 
     needed;
       Whereas advances in water technology, including treatment, 
     sensors, and innovative pipeline materials, can assist in--
       (1) accelerating efforts to provide universal access to 
     reliable, clean, and drinkable water for all Native 
     communities; and
       (2) enhancing resilience in the face of climate change;
       Whereas 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
       Whereas appropriate funding at the level of unmet need and 
     a ``whole-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 communities: Now, 
     therefore, be it
       Resolved, That--
       (1) it is the sense of the Senate that--
       (A) access to reliable, clean drinking water is an 
     essential human need, and such access on Federal Indian 
     reservations, Alaska Native villages, and in Native Hawaiian 
     communities is--
       (i) critical to the health, well-being, and economic 
     development of the individuals living on those lands and in 
     those communities; and
       (ii) integral to maintaining the public health of the 
     people of the United States;
       (B) 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 communities, nor should the provision of basic 
     human services be used to leverage the resolution of Tribal 
     reserved water rights and claims;
       (C) the provision of reliable, clean drinking water to 
     support the domestic requirements of Indian Tribes, Alaska 
     Native Villages, and Native Hawaiian communities is an 
     essential component of the Federal trust responsibility to 
     Native Americans and critical to supporting permanent 
     homelands;
       (D) while funding for safe drinking water systems for 
     Native communities received a significant and groundbreaking 
     boost from the Infrastructure Investment and Jobs Act (Public 
     Law 117-58; 135 Stat. 429) (referred to in this resolution as 
     ``IIJA'') and the Inflation Reduction Act of 2022 (Public Law 
     117-169; 136 Stat. 1818) (referred to in this resolution as 
     ``IRA''), the funding made available for construction and 
     repair of domestic water systems in Native communities is not 
     a complete solution;
       (E) 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 funding;
       (F) Native communities need support to develop the 
     managerial, financial, and regulatory capacity necessary for 
     a fully functional and self-sustaining utility and to support 
     the operation and maintenance of water systems; and
       (G) further measures are necessary to ensure that the 
     benefits of the historic investments made by the IIJA and IRA 
     in infrastructure are fully realized; and
       (2) the Senate--
       (A) calls upon the Federal executive branch to--
       (i) work in collaboration with the relevant Native 
     governmental entities and State and local jurisdictions to 
     expedite the planning, design, development, and operation of 
     the infrastructure necessary to provide reliable, clean 
     drinking water on Federal Indian reservations, in Alaska 
     Native Villages, and in Native Hawaiian communities; and
       (ii) inform Congress of further authorizations and 
     expenditures that may be necessary to meet the objective 
     described in clause (i);
       (B) calls upon the Federal executive branch to--
       (i) employ a ``whole-of-government'' approach to ensure the 
     provision of reliable, clean drinking water to households on 
     Federal Indian reservations, in Alaska Native villages, and 
     in Native Hawaiian communities;
       (ii) 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 barriers, optimize funding, and make immediate and 
     tangible progress on meeting the objective described in 
     clause (i); and
       (iii) report annually to Congress on the progress toward 
     the objective described in clause (i); and
       (C) calls upon the Federal executive branch, State 
     governments, and affected water agencies to--
       (i) affirmatively support de-coupling the planning, design, 
     development, and operation of water infrastructure from the 
     settlement or adjudication of Tribal reserved water rights; 
     and
       (ii) support the development of water infrastructure 
     necessary to provide reliable, clean drinking water in Native 
     communities independent of settlements or adjudications of 
     Tribal reserved water rights.

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