119-hr4377

[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.
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