Universal Access to Clean Water for Tribes: Recommendations for Operational, Administrative, Policy, and Regulatory Reform

Abstract

Access to clean drinking water is a fundamental human right. As highlighted by the COVID-19 pandemic, basic water and sanitation services are critical to public health and economic development. The federal government has treaty and trust responsibilities to promote the general welfare of Tribes. Although various federal programs exist to support water-related projects in Indian country, these programs historically have been underfunded. As a result, many Native American households remain without access to clean drinking water or adequate sanitation. Recent actions by the Biden Administration and Congress are bringing the necessary attention and financial resources to make real, tangible progress toward providing universal access to clean water for all Americans. Through bipartisan efforts, Congress passed the Infrastructure Investment and Jobs Act, which included substantial funding for the Indian Health Service and Tribal funding within the Environmental Protection Agency, which can be used for drinking water projects for Tribal communities. For the first time in history, this funding will enable the federal government to more fully deliver on its responsibilities to provide basic drinking water service to Tribes. This report provides recommendations for administrative action and agency reform to ensure that this unique opportunity is maximized. The report begins by outlining how to achieve the necessary “whole of government” approach to providing universal clean water access, followed by agency-specific recommendations. Recognizing the importance of Tribal sovereignty and self-determination, the report concludes with a discussion of Tribal capacity and resources to build the foundation for long-term success.