Sec. 2. Findings

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Congress finds that— 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; 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— recognizing these water and sanitation needs exist among indigenous peoples; and establishing aggressive targets for achieving universal access to those basic services; 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; 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; the COVID–19 pandemic had, and continues to have, a disproportionate impact on Native communities due to a multitude of factors, including— persistent economic disadvantages; racial inequity; and lack of public health infrastructure, including access to running water; on January 27, 2021, President Biden issued Executive Order 14008 ( 42 U.S.C. 4321 note; relating to tackling the climate crisis at home and abroad), 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; through the bipartisan Infrastructure Investment and Jobs Act ( Public Law 117–58 ; 135 Stat. 429), Congress 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 Indian Tribes to assist with accessing those construction and repair funding programs and to support the operation and maintenance of water infrastructure; filling the gaps in funding described in paragraph

(7)is necessary to successfully implement the historic investment in clean water infrastructure in Native communities; technical assistance to Indian Tribes is necessary to ensure that Indian Tribes are able— to access and take advantage of the new funding described in paragraph (7); to develop the managerial, financial, and regulatory framework necessary for a fully functional and self-sustaining utility; and to engage appropriate outside consultants to assist as needed; advances in water technology, including treatment, sensors, and innovative pipeline materials, can assist in— accelerating efforts to provide universal access to reliable, clean, and drinkable water for all Native communities; and enhancing resilience in the face of climate change; 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; 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 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.

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