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Heinrich, Bennet, Hickenlooper Introduce Legislation to Expand and Improve Access to Clean Water for Tribal Families

Half of households on Native American reservations lack access to reliable water sources, clean drinking water, or adequate sanitation

WASHINGTON — U.S. Senator Martin Heinrich (D-N.M.), along with U.S. Senators Michael Bennet (D-Colo.) and John Hickenlooper (D-Colo.), introduced the Tribal Access to Clean Water Act to dramatically expand access to clean water for Tribal families by investing in water infrastructure. This bill would increase funding through the Indian Health Service, the U.S. Department of Agriculture (USDA), and the Bureau of Reclamation to support water infrastructure projects in Tribal communities and help provide clean water to Native American households that currently lack access.

“Nearly half of Native American households lack access to clean and reliable water supplies. That is completely unacceptable,” said Heinrich. “By addressing a significant backlog of infrastructure projects and removing barriers to federal programs that provide technical and financial assistance to Tribes, this legislation is an important step toward delivering clean drinking water to all families in Indian Country.”

“Too many Tribal communities in Colorado and across the country cannot access clean, safe water,” said Bennet. “This legislation builds on our efforts to improve access for Tribes in the Bipartisan Infrastructure Law. It fulfills the federal government’s promise to provide these communities with the clean water they deserve.”

“Clean drinking water is a basic necessity. Yet, so many of our Tribal communities have been left without the infrastructure. It’s unacceptable,” said Hickenlooper. “Let’s cut red tape and invest in modern resources to finally deliver safe, accessible water to every Tribe.”

Lack of access to clean drinking water is a significant barrier for many Native American communities. According to data from the U.S. Department of Health and Human Services (HHS), Native American households are 19 times more likely than white households to lack indoor plumbing.

The Tribal Access to Clean Water Act will:

  • Authorize the USDA to make grants and loans for technical and financial assistance, as well as for construction;
  • Increase funding authorizations for USDA’s Rural Development Community Facilities Grant and Loan Program by $100 million per year for five years, provide $30 million per year specifically for technical assistance, and ensure that Native communities are treated equitably and appropriately when considered for grants and loans;
  • Increase funding authorizations for existing programs of the Indian Health Service for water and sanitation facilities construction over a five-year period, including for community facilities ($2.5 billion), technical assistance ($150 million), and operation and maintenance assistance ($500 million); and
  • Authorize $90 million over five years for the Bureau of Reclamation’s existing Native American Affairs Technical Assistance Program.

“Water is a sacred resource given to us to protect. It is of the utmost importance that Tribes have access to clean water not only for personal consumption and economic development but also for cultural purposes. Many tribes in the Southwest rely on access to clean water to carry on our culture and traditions. We thank U.S. Senators Martin Heinrich and Michael Bennet for reintroducing the Tribal Access to Clean Water Act,” said Myron Armijo, Santa Ana Pueblo Governor.

“It is far past time to ensure that Native people have the same level of basic water service most Americans take for granted,” said Manuel Heart, Chairman of the Ute Mountain Ute Tribe. “This bill’s recognition of the need for technical support and operation and maintenance assistance for Tribal water supply facilities is not only essential to realizing the benefit of investment in water infrastructure, but also a critical step toward increasing Tribal independence and governance capabilities.”

“Some of the starkest examples of the public health impacts from not having clean, running water in the home are right in our backyards," said Anne Castle, co-founder of the initiative on Universal Access to Clean Water for Tribal Communities. "Higher incidence of respiratory disease, gastrointestinal infections, diabetes, and cancer are all linked to 'water poverty' - the lack of access to secure and healthy household water - which is particularly acute for Native American households. With targeted resources and Federal agency coordination, we have the ability to solve this longstanding inequity in Indian country.”

“For far too long, many indigenous Americans - American Indians, Alaska Natives, and Native Hawaiians - have gone without access to a clean and safe drinking water supply,” said John Echohawk, Executive Director and Co-Founder of the Native American Rights Fund and member of the Pawnee Nation. “These are not isolated or regional deficiencies, but rather a nationwide disparity in access to a basic ingredient of life. This bill will help to address gaps in current support for Tribal drinking water access and help to fulfill the Federal government’s treaty and trust responsibility to Native American Tribes.”

“Every American is entitled to access to clean drinking water," said Ken Norton, Chairman of the National Tribal Water Council. "But this undeniable truth simply does not hold for far too many Tribal households. It is well past time to bring the necessary resources to bear that will allow all Tribal families to enjoy the same basic services most Americans take for granted.”

“Water is a basic human right and this bill fulfills the government’s trust obligation to Tribes and Indigenous communities to ensure all Native populations have access to clean drinking water,” said Garrit Voggesser, Senior Director of Tribal Partnerships and Policy, National Wildlife Federation. “For far too long more than half of the country’s Indigenous peoples haven’t had access to clean drinking water. Water must be accessible to not only support public health, but also meet historical, cultural, ecological, and rights-based needs.”

Heinrich initially introduced this legislation with Bennet in 2021. He also successfully fought to include funding to improve Tribal access to clean water in the Infrastructure Law. The law included $3.5 billion for the Indian Health Service Sanitation Facilities Construction program to address needs for tribal sanitation facilities and services, $1 billion for the Bureau of Reclamation to support legacy rural water supply projects, which will benefit Tribes, and increased funding for the Environmental Protection Agency’s Clean Water Act and Safe Drinking Water Act State Revolving Funds.

In addition to Heinrich, Bennet, and Hickenlooper, this bill is co-sponsored by U.S. Senators Bernie Sanders (I-Vt.), Ron Wyden (D-Ore.), Elizabeth Warren (D-Mass.), and Alex Padilla (D-Calif.).

The text of the bill is available here.

A summary of the bill is available here.

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