WaterSMART Access for Tribes Act

Bill Number

H.R. 635

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Native Americans

Status

Introduced

Latest Action

2025-01-22: Referred to the House Committee on Natural Resources.

Last Updated

2025-04-23T00:28:44Z

AI-Generated Summary

Purpose

The WaterSMART Access for Tribes Act (H.R. 635) aims to improve access for Indian Tribes to federal grants for water conservation and efficiency projects. It does this by allowing the federal government to reduce or waive the portion of project costs that Tribes would normally have to pay themselves, making it easier for financially strained Tribes to participate in these programs.

Key Provisions

• Amendment to Existing Law: The bill modifies a specific section of the Omnibus Public Land Management Act of 2009 (Section 9504(a)(3)(E)(i)), which governs grants under the WaterSMART program (a federal initiative for sustainable water management in the western U.S.).
• New Waiver Authority: Adds a provision allowing the Secretary of the Interior (who oversees the Bureau of Reclamation) to:
• Reduce or eliminate the "non-Federal share" (the matching funds Tribes must contribute) for grants or agreements related to water infrastructure improvements or activities.
• Increase the federal government's share of costs if a waiver is granted.
• Criteria for Waiver: The Secretary can apply this only if contributing the non-Federal share would cause financial hardship for the Indian Tribe.

Significant Changes to Existing Law

• Previously, grant recipients (including Tribes) were generally required to cover a portion of project costs themselves, with limited exceptions.
• This bill expands exceptions specifically for Indian Tribes by introducing a new subclause (III) that permits hardship-based waivers or reductions, while updating references in the law to include this new option.
• It does not change the overall structure of the WaterSMART program but adds targeted flexibility for Tribes, treating them differently from other non-federal entities to address unique financial challenges.

Potential Impacts

• On Government Agencies: The Bureau of Reclamation (under the Department of the Interior) will have more discretion in allocating funds, potentially increasing federal spending on Tribal projects but reducing administrative barriers for grant approvals.
• On Citizens: Primarily benefits members of Indian Tribes by improving access to federal support for water conservation, efficiency, and infrastructure (e.g., irrigation systems or drought mitigation), which could enhance water security in Tribal communities facing arid conditions or limited resources.
• On International Relations: No direct impact, as the bill focuses on domestic U.S. water management in western states and Tribal lands.
• Broader Effects: Could lead to more equitable distribution of federal water resources, helping Tribes address environmental challenges like climate change-induced water scarcity without straining their budgets.

Main Stakeholders Affected

• Indian Tribes: Primary beneficiaries, gaining easier access to grants for water projects and relief from matching fund requirements during financial difficulties.
• Federal Government (Bureau of Reclamation and Department of the Interior): Responsible for implementing the changes, evaluating hardship claims, and adjusting federal funding shares.
• Other Water Users: Indirectly affected, as increased Tribal participation might influence regional water allocation, though the bill prioritizes conservation and efficiency.

Notable Legal, Constitutional, or Political Implications

• Legal: Strengthens federal support for Tribal water rights by aligning with existing laws on federal trust responsibilities (the government's duty to assist Tribes). The waiver provision is discretionary, giving the Secretary flexibility without mandating changes, which avoids potential legal challenges over funding mandates.
• Constitutional: Supports the U.S. Constitution's framework for federal-Tribal relations (e.g., treaty obligations and sovereignty), promoting self-determination for Tribes without altering broader constitutional balances.
• Political: Highlights bipartisan interest in Tribal equity (introduced by a diverse group of representatives) and could set a precedent for hardship waivers in other federal grant programs, potentially influencing future environmental or infrastructure legislation focused on underserved communities. No major controversies are evident in the bill's text.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Stansbury, Melanie A. [D-NM-1]

Cosponsors (7)

Rep. Huffman, Jared [D-CA-2], Del. Norton, Eleanor Holmes [D-DC], Rep. Costa, Jim [D-CA-21], Rep. Horsford, Steven [D-NV-4], Rep. Davids, Sharice [D-KS-3], Rep. Leger Fernandez, Teresa [D-NM-3], Rep. Neguse, Joe [D-CO-2]

Recent Actions

• 2025-01-22: Referred to the House Committee on Natural Resources.
• 2025-01-22: Introduced in House
• 2025-01-22: Introduced in House

Bill Versions

• WaterSMART Access for Tribes Act — issued 2025-01-22 — PDF (2 pages)