117 S2272 IS: Tribal Access to Clean Water Act of 2025
U.S. Senate
2025-07-14
text/xml
EN
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II
119th CONGRESS
1st Session
S. 2272
IN THE SENATE OF THE UNITED STATES
July 14, 2025
Mr. Bennet (for himself, Mr. Heinrich, Mr. Hickenlooper, Mr. Sanders, Mr. Wyden, Ms. Warren, and Mr. Padilla) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs
A BILL
To provide access to reliable, clean, and drinkable water on Tribal lands, and for other purposes.
1.

Short title
This Act may be cited as the “Tribal Access to Clean Water Act of 2025”.
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.
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)).
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 the authorizations of appropriations under 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 under 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 under subsection (c) are used in the most effective manner to promote access to water and sanitation.
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, Tribal employees' homes, 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 annual appropriations are available, the Secretary shall include the completed water facilities project as eligible for sustained funding support and guidance to ensure that—
(A)
the investments in the drinking water or sanitation facilities 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.
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.