[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4377 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 4377
To provide access to reliable, clean, and drinkable water on Tribal
lands, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 14, 2025
Mr. Neguse (for himself, Ms. Moore of Wisconsin, Ms. Tokuda, Ms.
Norton, Ms. DeGette, Mr. Krishnamoorthi, and Ms. Stansbury) 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
2025''.
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
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;
(4) 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'';
(5) 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;
(6) 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;
(7) 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--
(A) 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
(B) much of that funding is unavailable to the
Native Hawaiian Community;
(8) 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;
(9) technical assistance to Indian Tribes and Native
Hawaiian organizations is necessary to ensure that Indian
Tribes and the Native Hawaiian Community are able--
(A) to access and take advantage of the new funding
described in paragraph (7);
(B) to develop the managerial, financial, and
regulatory framework necessary for a fully functional
and self-sustaining utility; and
(C) to engage appropriate outside consultants to
assist as needed;
(10) 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 on
Tribal lands; and
(B) enhancing resilience in the face of extreme
weather events;
(11) 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;
(12) 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
(13) 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) 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).
(2) Native hawaiian community.--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).
(3) Native hawaiian organization.--
(A) In general.--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).
(B) Inclusion.--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)).
(4) Technical assistance.--The term ``technical
assistance'' means any expertise provided, whether through
direct service, grant, contract, or cooperative agreement--
(A) to facilitate access by Indian Tribes and
Native Hawaiian organizations to repair and
construction funding for drinking water and sanitation
facilities made available through--
(i) the Infrastructure Investment and Jobs
Act (Public Law 117-58; 135 Stat. 429);
(ii) the rural development mission area of
the Department of Agriculture; or
(iii) any other funding source, the purpose
of which is to provide funding to repair and
construct drinking water and sanitation
facilities; and
(B) 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.
(5) 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)).
SEC. 4. DEPARTMENT OF AGRICULTURE RURAL DEVELOPMENT.
(a) Water and Waste Facility Loans and Grants To Alleviate Health
Risks.--Section 306C(a) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1926c(a)) is amended--
(1) in paragraph (1), in the first sentence of the matter
preceding subparagraph (A), by inserting ``Native Hawaiian
organizations (as defined in section 6207 of the Native
Hawaiian Education Act (20 U.S.C. 7517)), including 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)),'' after ``other federally
recognized Indian tribes,''; and
(2) in paragraph (2), by adding at the end the following:
``(C) Tribal residents.--Notwithstanding
subparagraph (A), loans and grants under paragraph (1)
may also be made if the loan or grant funds will be
used primarily to provide water or waste services, or
both, to residents on Tribal land (as defined in
section 905(a) of division N of the Consolidated
Appropriations Act, 2021 (47 U.S.C. 1705(a))).''.
(b) Extension of Authority for Grants and Loans.--In addition to
the purposes for which grants and loans may be provided under sections
306C and 306D of the Consolidated Farm and Rural Development Act (7
U.S.C. 1926c, 1926d), the Secretary of Agriculture (referred to in this
section as the ``Secretary'') may make or insure loans to, make grants
to, or enter into cooperative agreements or contracts with, eligible
entities described in subsection (d) for technical assistance.
(c) Authorization of Appropriations.--In addition to amounts
otherwise available, there are authorized to be appropriated to the
Secretary for each of fiscal years 2026 through 2030--
(1) $100,000,000, to remain available until expended, to
make or insure loans and make grants under sections 306C and
306D of the Consolidated Farm and Rural Development Act (7
U.S.C. 1926c, 1926d), and for the additional purposes described
in subsection (b), to eligible entities described in subsection
(d) to provide for the development, use, and control of water
(including the extension or improvement of existing water
supply systems); and
(2) $30,000,000, to remain available until expended, for
eligible entities described in subsection (d) to obtain or
contract for technical assistance.
(d) Eligible Entities.--An entity eligible to receive a grant or an
award of financial or technical assistance using amounts appropriated
pursuant to paragraphs (1) and (2) of subsection (c) or amounts
otherwise available under sections 306C and 306D of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1926c, 1926d)--
(1) is an Indian Tribe or a Native Hawaiian organization;
and
(2) in the case of a grant under section 306D of that Act
(7 U.S.C. 1926d), includes a consortium formed pursuant to
section 325 of Public Law 105-83 (111 Stat. 1597).
(e) No Matching Contribution.--The funds made available under
subsection (c) shall not require any matching contribution otherwise
required by any other provision of law (including regulations).
(f) Exceptions.--For purposes of any loan or grant to, or
cooperative agreement or contract with, an eligible entity using
amounts appropriated pursuant to subsection (c)--
(1) the requirements under section 306C(a)(2) of the
Consolidated Farm and Rural Development Act (7 U.S.C.
1926c(a)(2)) shall not apply; and
(2) an eligible entity or the members of an eligible entity
shall not be required to demonstrate an inability to finance
the proposed project--
(A) from the resources of the eligible entity or
members; or
(B) through commercial credit.
(g) Interagency Collaboration.--The Secretary shall consult with
the Director of the Indian Health Service regarding agency
collaboration, project prioritization, and staffing needs to ensure the
amounts appropriated pursuant to subsection (c) are used in the most
effective manner to promote access to water and sanitation.
SEC. 5. INDIAN HEALTH SERVICE.
(a) Definition of Secretary.--In this section, the term
``Secretary'' means the Secretary of Health and Human Services, acting
through the Director of the Indian Health Service.
(b) Sanitation Facilities Construction Program.--
(1) In general.--For purposes of section 7(a)(1) of the Act
entitled ``An Act to transfer the maintenance and operation of
hospital and health facilities for Indians to the Public Health
Service, and for other purposes'', approved August 5, 1954 (42
U.S.C. 2004a(a)(1)), the term ``Indian homes, communities, and
lands'' shall include non-commercial community structures that
are essential to the life of an Indian Tribe or to Tribal
government services on Tribal land providing indispensable
educational, health, or other community services, such as
schools, hospitals, clinics, nursing homes, homes of Tribal
employees, Tribal offices, and post offices.
(2) Authorization of appropriations.--In addition to
amounts otherwise available, there is authorized to be
appropriated to the Secretary $500,000,000 for each of fiscal
years 2026 through 2030, to remain available until expended, to
carry out section 7(a)(1) of the Act entitled ``An Act to
transfer the maintenance and operation of hospital and health
facilities for Indians to the Public Health Service, and for
other purposes'', approved August 5, 1954 (42 U.S.C.
2004a(a)(1)).
(c) Technical Assistance Funding.--In addition to amounts otherwise
available, there is authorized to be appropriated to the Secretary
$30,000,000 for each of fiscal years 2026 through 2030, to remain
available until expended, for Indian Tribes to enter into contracts
for--
(1) technical assistance; and
(2) 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) In general.--The Secretary may provide financial
assistance for the operation and maintenance of drinking water
and sanitation facilities serving Indian Tribes that are owned
and operated by an Indian Tribe.
(2) Authorization of appropriations.--In addition to
amounts otherwise available, there is authorized to be
appropriated to the Secretary $100,000,000 for each of fiscal
years 2026 through 2030, to remain available until expended,
for the operation and maintenance of drinking water and
sanitation facilities serving Indian Tribes under paragraph
(1).
(3) Priority for funding.--In awarding funding for the
operation and maintenance of drinking water and sanitation
facilities under paragraph (1), the Secretary shall prioritize
drinking water and sanitation facilities that the Secretary
determines to be the most in need of assistance.
(4) Future funding.--For not less than 5 fiscal years after
the date on which a drinking water or sanitation facilities
project described in paragraph (1) is completed, to the extent
to which funds 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 drinking water or
sanitation facilities in the scope of the project are
adequately maintained and operated for the health and
welfare of Indian Tribes served;
(B) the infrastructure investment is protected; and
(C) the intended health promotion benefit is
realized.
SEC. 6. FUNDING FOR NATIVE AMERICAN AFFAIRS TECHNICAL ASSISTANCE
PROGRAM OF THE BUREAU OF RECLAMATION.
In addition to amounts otherwise available, there is authorized to
be appropriated to the Secretary of the Interior $18,000,000 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
each of fiscal years 2026 through 2030, to remain available until
expended.
<all>