Tribal Access to Clean Water Act of 2022
This bill provides funding for and expands access to water resources for Native communities (i.e., Indian tribes and Native Hawaiian communities).
First, the bill provides funding for the Indian Health Service to (1) provide essential sanitation facilities to community structures (e.g., schools, hospitals, and tribal offices) that were not previously considered eligible for such service; (2) provide technical assistance; and (3) operate and maintain water facilities that serve Native communities.
Next, the bill provides funding for the Department of Agriculture to provide water and wastewater facility grants to eligible entities (e.g., Native communities) that have residents facing significant health risks due to inadequate water supply systems. The bill specifies that these funds shall not require any matching contribution.
In addition, the bill reauthorizes through FY2032 the Bureau of Reclamation's Rural Water Supply Program. Further, the bill provides funding for and establishes a grant program for tribal clean water access projects. It also provides funding for the Native American Affairs Technical Assistance Program.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7632 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 7632
To provide access to reliable, clean, and drinkable water on Tribal
lands, and for other purposes.
_______________________________________________________________________
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.
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
2022''.
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) 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.
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.
(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.
SEC. 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.
SEC. 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.
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 ``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.
<all>
Introduced in House
Introduced in House
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.
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.
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.
Referred to the Subcommittee on Health.
Referred to the Subcommittee on Water, Oceans, and Wildlife.
Referred to the Subcommittee for Indigenous Peoples of the United States.
Referred to the Subcommittee on Commodity Exchanges, Energy, and Credit.
Subcommittee Hearings Held.
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