H.R. 4377 — Tribal Access to Clean Water Act of 2025

This section states 13 congressional findings concerning the human right to water and sanitation, access deficiencies on Tribal lands (where nearly half of households lack reliable water sources, clean drinking water, or basic sanitation and are significantly more likely to lack indoor plumbing), the federal trust responsibility to Indian Tribes and the Native Hawaiian Community, public health impacts, funding gaps under the Infrastructure Investment and Jobs Act (P.L. 117-58) for construction, repair, operation, maintenance, and technical assistance, and the need for additional funding, a whole-of-government approach, and water technology advances to achieve universal access as soon as practicable.

This section defines five terms for purposes of the Act: (1) Indian Tribe, having the meaning given in section 4 of the Indian Self-Determination and Education Assistance Act (i.e., any Indian tribe, band, nation, pueblo, village, or community recognized by the federal government and exercising governmental authority); (2) Native Hawaiian community, having the meaning given in 43 C.F.R. 50.4 (as in effect on the date of enactment); (3) Native Hawaiian organization, having the meaning given in section 6207 of the Native Hawaiian Education Act and including the Department of Hawaiian Home Lands; (4) technical assistance, meaning expertise provided to facilitate Indian Tribes' and Native Hawaiian organizations' access to funding for drinking water and sanitation facilities (e.g., under the Infrastructure Investment and Jobs Act or USDA rural development programs) and to build their managerial, financial, and regulatory capacity for such infrastructure on Tribal land; and (5) Tribal land, having the meaning given in section 905(a) of division N of the Consolidated Appropriations Act, 2021.

This section expands eligibility under the Department of Agriculture's water and waste facility loans and grants program (7 U.S.C. 1926c(a)) to Native Hawaiian organizations (as defined in 20 U.S.C. 7517)—including the Department of Hawaiian Home Lands—and permits such loans and grants primarily to serve residents on tribal land (as defined in 47 U.S.C. 1705(a)), notwithstanding prior restrictions limited to areas with significant health risks lacking other resources. The section further (1) authorizes the Secretary of Agriculture to provide technical assistance via loans, grants, cooperative agreements, or contracts under sections 306C and 306D (7 U.S.C. 1926c, 1926d) to Indian tribes and Native Hawaiian organizations (and, for section 306D grants, certain consortia); (2) authorizes $100 million annually for fiscal years 2026 through 2030 for such water facility loans, grants, and technical assistance, and $30 million annually for technical assistance alone (amounts available until expended); (3) waives matching fund requirements and demonstrations of financial need for recipients; and (4) directs consultation with the Indian Health Service on implementation. (As background, these USDA programs provide loans and grants to address acute public health risks from inadequate water supply or waste disposal systems in rural, underserved areas such as colonias and tribal communities.)

This section defines the Secretary of Health and Human Services, acting through the Director of the Indian Health Service, and addresses sanitation facilities for Indian tribes. Specifically, it (1) expands eligibility under the Indian Health Service Sanitation Facilities Construction program (42 U.S.C. 2004a(a)(1))—which funds water supply, wastewater, and solid waste systems for Indian homes and communities to reduce disease—to include non-commercial community structures essential to tribal life or government services (e.g., schools, clinics, tribal offices); (2) authorizes $500 million annually for FY2026 through 2030, in addition to other funds, for that program; (3) authorizes $30 million annually for FY2026 through 2030, in addition to other funds, for tribal contracts for technical assistance and related activities (25 U.S.C. 1632(b)(2)); and (4) authorizes financial assistance for operation and maintenance of tribally owned and operated drinking water and sanitation facilities, including $100 million annually for FY2026 through 2030 (in addition to other funds) with priority to facilities most in need, plus sustained funding and guidance eligibility for five fiscal years post-completion to protect investments and health benefits.

This section authorizes appropriations of $18 million for the Native American Affairs Technical Assistance Program of the Bureau of Reclamation for each of FY2026 through FY2030 (in addition to amounts otherwise available), to remain available until expended. As background, the program enables the Bureau, pursuant to 43 U.S.C. 373d, to enter into grants and cooperative agreements with Indian tribes, institutions of higher education, national Indian organizations, and tribal organizations to develop, manage, and protect tribal water resources.