How Do We Fix It?

Access to clean water for Native communities is at the nexus of the main priorities of the Biden/Harris Administration: controlling the COVID-19 pandemic, addressing racial equity, economic recovery through investment in infrastructure, and tackling climate change. It’s also a smart economic investment – every dollar spent on sanitation facilities in tribal areas in the U.S. has at least a twenty-fold return in health benefits. Now is the time to join together to solve this longstanding public health crisis.

  • Executive Branch Commitment
    The Executive Branch must publicly commit to providing universal access to clean water as a component of fulfilling its federal trust responsibility to Indian tribes. See new report here.
  • Establish Targets & Deadlines
    Establish accelerated targets and deadlines for providing Native households with access to clean and safe water.
  • Whole of Government
    whole of government approach is essential to break down historical barriers and ensure that Indian country has this basic service that is taken for granted by most U.S. residents. See new report here.
  • On-the-ground Solutions
    Design on-the-ground solutions in consultation with affected Tribes and communities.

FUNDING PROVIDED BY IIJA

Indian Health Service

  • Sanitation Facilities Construction Program: $3.5 billion

Bureau of Reclamation

  • Indian Water Rights Settlements (that can include infrastructure funding): $90 million
  • Rural Water Supply Projects: $1 billion

Environmental Protection Agency

  • Clean Water State Revolving Fund – Tribal Set-Asides: $239 million
  • Drinking Water State Revolving Fund – Tribal Set-Asides: $239 million
  • Indian Reservation Drinking Water Program: $250 million
  • Operation Sustainability of Small Public Water Systems Grant Program (may include, but does not exclusively serve, Tribal systems): $50 million/year
  • Additional funds for technical assistance to Tribal publicly owned wastewater systems

REMAINING FUNDING NEEDED

Indian Health Service

  • Technical Assistance and Training: $150 million
  • Operations and Maintenance Assistance: $500 million

Bureau of Reclamation

  • Technical Assistance and Training: $90 million
  • Rural Water Supply Act Authority: $1 billion

Department of Agriculture

  • Rural Development – Grants for Water Systems: $500 million

Federal Trust Responsibility

One of the most important principles in federal Indian law is the federal Indian trust responsibility to Tribal nations. Under it, the federal government is required to ensure the survival and welfare of Indian tribes and people. Failing to provide basic water service cannot be reconciled with this legal fiduciary obligation.