S2272-119

1. Short title This Act may be cited as the Tribal Access to Clean Water Act of 2025.

2. Findings 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 communities on Tribal lands, such that nearly half of all households on Tribal lands do not have access to reliable water sources, clean drinking water, or basic sanitation, and are significantly more likely than other households in the United States to lack indoor plumbing; the first of the 5 pillars announced on February 4, 2025, by the Administrator of the Environmental Protection Agency Lee Zeldin that will guide the work of the Environmental Protection Agency under the Powering the Great American Comeback Initiative is the principle that every American should have access to clean air, land, and water; the trust responsibility of the Federal Government to Indian Tribes and the Native Hawaiian Community requires the Federal Government to ensure the survival and welfare of Indian Tribes and the Native Hawaiian Community, and the failure to provide basic water service cannot be reconciled with that trust responsibility; the public health of Indian Tribes and the Native Hawaiian Community lags behind other communities in the United States at least in part as a result of lack of public health infrastructure, including access to running water; 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; and much of that funding is unavailable to the Native Hawaiian Community; filling the gaps in funding described in paragraph (7) is necessary for efficient implementation of the historic investment in clean water infrastructure for Indian Tribes and the Native Hawaiian Community; technical assistance to Indian Tribes and Native Hawaiian organizations is necessary to ensure that Indian Tribes and the Native Hawaiian Community 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 on Tribal lands; and enhancing resilience in the face of extreme weather events; past epidemics of communicable diseases and the threat of future such occurrences are stark reminders that access to reliable, clean, and drinkable water to support basic health 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 Tribal lands 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.

3. Definitions In this Act: 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). The term Native Hawaiian Community has the meaning given the term Native Hawaiian community in section 50.4 of title 43, Code of Federal Regulations (as in effect on the date of enactment of this Act). The term Native Hawaiian organization has the meaning given the term in section 6207 of the Native Hawaiian Education Act (20 U.S.C. 7517). The term Native Hawaiian organization includes the Department of 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)). The term technical assistance means any expertise provided, whether through direct service, grant, contract, or cooperative agreement— to facilitate access by Indian Tribes and Native Hawaiian organizations to repair and construction funding for drinking water and sanitation facilities made available through— the Infrastructure Investment and Jobs Act (Public Law 117–58; 135 Stat. 429); the rural development mission area of the Department of Agriculture; or any other funding source, the purpose of which is to provide funding to repair and construct drinking water and sanitation facilities; and to support Indian Tribes and Native Hawaiian organizations in developing the managerial, financial, and regulatory capacity necessary to build, operate, and maintain drinking water and sanitation infrastructure on Tribal land. The term Tribal land has the meaning given the term in section 905(a) of division N of the Consolidated Appropriations Act, 2021 (47 U.S.C. 1705(a)).