S. 2272 — Tribal Access to Clean Water Act of 2025

This section states congressional findings concerning the essential need for reliable, clean, and drinkable water access—particularly on Tribal lands, where nearly half of households lack such access or indoor plumbing and public health lags due to inadequate infrastructure—and the federal trust responsibility to Indian Tribes and the Native Hawaiian Community, including gaps in funding and technical assistance under the Infrastructure Investment and Jobs Act and the necessity for a whole-of-government approach with advanced water technologies.

This section establishes definitions for purposes of the Act, including: (1) Indian Tribe, with the meaning given in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304); (2) Native Hawaiian community, with the meaning given in 43 C.F.R. 50.4 (as in effect on the date of enactment); (3) Native Hawaiian organization, with the meaning given in section 6207 of the Native Hawaiian Education Act (20 U.S.C. 7517) and 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)); (4) technical assistance, as expertise provided to facilitate Indian Tribes' and Native Hawaiian organizations' access to drinking water and sanitation repair and construction funding (e.g., under the Infrastructure Investment and Jobs Act (Public Law 117-58) or USDA rural development programs) and to build related managerial, financial, and regulatory capacity; and (5) Tribal land, with the meaning given in section 905(a) of division N of the Consolidated Appropriations Act, 2021 (47 U.S.C. 1705(a)).

This section amends water and waste facility loans and grants under section 306C(a) of the Consolidated Farm and Rural Development Act (i.e., assistance to rural communities of 10,000 or fewer residents to address health risks from deficient water supply or waste disposal systems) to (1) expand eligibility to Native Hawaiian organizations (as defined in 20 U.S.C. 7517), including the Department of Hawaiian Home Lands, and (2) allow such loans and grants for residents on tribal land (as defined in 47 U.S.C. 1705(a)) notwithstanding prior criteria. The section further (1) extends authority under sections 306C and 306D for technical assistance to Indian tribes and Native Hawaiian organizations; (2) authorizes $100 million annually for FY2026 through 2030 for such loans, grants, and technical assistance for water development, use, and control, plus $30 million annually for technical assistance; (3) waives matching contributions and requirements to demonstrate inability to self-finance or obtain commercial credit; and (4) directs the Secretary of Agriculture to consult with the Indian Health Service on collaboration, prioritization, and staffing.

This section defines the Secretary as the Secretary of Health and Human Services, acting through the Director of the Indian Health Service; expands eligibility under the Indian Health Service Sanitation Facilities Construction program (42 U.S.C. 2004a(a)(1))—which provides safe water supply, sanitary sewage, and solid waste disposal systems to address high disease rates in Indian communities—to include non-commercial community structures essential to tribal life or government services (e.g., schools, hospitals, clinics, nursing homes, tribal offices, post offices, and tribal employees' homes); and does the following: (1) authorizes appropriations of $500 million for each of FY2026 through 2030, in addition to other amounts, for sanitation facilities construction; (2) authorizes appropriations of $30 million for each of FY2026 through 2030, in addition to other amounts, for tribal contracts for technical assistance and activities under 25 U.S.C. 1632(b)(2) (i.e., ongoing support for tribal utility organizations operating sanitation facilities); (3) authorizes the Secretary to provide financial assistance for operation and maintenance of tribally owned and operated drinking water and sanitation facilities, with priority to the most needy; and authorizes appropriations of $100 million for each of FY2026 through 2030, in addition to other amounts, for such purposes; and (4) requires sustained funding support and guidance, to the extent appropriations are available, for at least five fiscal years after project completion to maintain operations, protect infrastructure investments, and realize health benefits.

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