Sec. 12013. Indian Tribes
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Section 518(c) of the Federal Water Pollution Control Act ( 33 U.S.C. 1377(c) ) is amended— by striking paragraphs
(1)and
(2)and inserting the following: For each fiscal year, the Administrator shall reserve, of the funds made available to carry out title VI (before allotments to the States under section 604(a)), the greater of— 2 percent of such funds; or $30,000,000. Funds reserved under this subsection shall be available only for grants to entities described in paragraph
(3)for— projects and activities eligible for assistance under section 603(c); and training, technical assistance, and educational programs relating to the operation and management of treatment works eligible for assistance pursuant to section 603(c). Not more than $2,000,000 of such reserved funds may be used for grants under subparagraph (A)(ii). ; and in paragraph (3)— in the header, by striking and inserting Use of funds ; and Eligible entities by striking for projects and activities eligible for assistance under section 603(c) to serve and inserting to . In addition to amounts otherwise made available under title VI of the Federal Water Pollution Control Act ( 33 U.S.C. 1381 et seq. ), there is authorized to be appropriated $500,000,000 for each of fiscal years 2022 through 2026 to make grants, in cooperation with the Director of the Indian Health Service, to entities described in section 518(c)(3) of the Federal Water Pollution Control Act ( 33 U.S.C. 1377 ) for— projects and activities eligible for assistance under section 603(c) of such Act ( 33 U.S.C. 1383 ); and training, technical assistance, and educational programs related to the operation and management of treatment works eligible for assistance pursuant to such section 603(c). The Administrator may not require an entity receiving a grant under paragraph
(1)to provide, as a condition of receiving such grant, a share of the cost of the project or activity for which such grant was made. Not more than $2,000,000 of amounts made available in a fiscal year to carry out this subsection may be used for grants under paragraph (1)(B). The requirements of sections 513 and 608 of the Federal Water Pollution Control Act ( 33 U.S.C. 1372 , 1388) shall apply to any project for the construction, alteration, maintenance, or repair of treatment works for which a grant is received under paragraph (1). Congress finds that— the COVID–19 crisis has highlighted the lack of infrastructure and sanitation available in Native communities; and addressing the Sanitation Facilities Deficiency List of the Division of Sanitation Facilities and Construction of the Indian Health Service included in the report will— result in investments in necessary water infrastructure; and improve health outcomes. In this subsection: The term report means the fiscal year 2019 report of the Division of Sanitation Facilities and Construction of the Indian Health Service entitled Annual Report to the Congress of the United States on Sanitation Deficiency Levels for Indian Homes and Communities . The term Secretary means the Secretary of Health and Human Services, acting through the Director of the Indian Health Service. The Secretary shall award additional funding under the Sanitation Facilities Construction Program for the planning, design, construction, modernization, improvement, and renovation of water, sewer, and solid waste sanitation facilities that are funded, in whole or part, by the Indian Health Service through, or provided for in, a contract or compact with the Indian Health Service under the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5301 et seq. ). In awarding funding to sanitation facilities under subparagraph (A), the Secretary shall prioritize sanitation facilities with the highest deficiency level, as established in the report. There is authorized to be appropriated to the Secretary to carry out this subsection $2,600,000,000. Amounts made available under subparagraph
(A)shall be in addition to any amounts made available to carry out the purposes described in paragraph (3)(A) under any other provision of law.
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