What Happened?

Many tribal homes still lack safe drinking water, a crisis that would take $6 billion in taxpayer money to fix. That estimate comes from the Indian Health Service (IHS), the agency inside the Department of Health and Human Services (HHS) that builds sanitation systems for tribes, and was cited in a new federal audit.

The U.S. Government Accountability Office (GAO), the nonpartisan watchdog that does research for Congress, found IHS rules exclude homes where tribal members live, such as homes owned by a non-member spouse or grandparent. IHS generally does not fund routine operations and maintenance (O&M).

The report points to three barriers that slow help:

  • A $10,000 cap on existing community buildings, set in 1985 and never raised for inflation, labor or materials
  • Different paperwork rules at IHS, the U.S. Environmental Protection Agency (EPA) and the U.S. Department of Agriculture (USDA), which share tribal water work
  • No federal money for routine upkeep, plus trouble hiring and keeping certified operators

Why Does it Matter to Me?

Tribal communities seeking federal water funding face different paperwork rules from each agency, the report found. On tribal lands, IHS staff spent more than 80 hours helping one tribe get an $8,000 grant, plus more time on spending reports. There, administrative costs can match or exceed the project costs.

Tribes seeking money from more than one agency face different rules, since USDA asks for extra financial data that IHS and EPA do not. The U.S. Commission on Civil Rights has found tribal systems fell into disrepair from chronic underfunding, and tribes often lack the tax base other towns use for repairs and operations.

Both Sides, Now

The Senate Committee on Indian Affairs asked for the review, and the GAO visited sites in Alaska and Arizona to see conditions. GAO is presenting three matters for Congressional consideration that ask lawmakers to consider amending the Indian Sanitation Facilities Act (ISFA). Those changes would define Indian homes, communities, and lands, let IHS fund ineligible homes when paperwork costs more than construction, and start a pilot with EPA for O&M help.

The report makes 12 recommendations to the agencies. IHS agreed and described steps taken or planned. EPA generally agreed on invoicing and money transfers but disputed wording on its application process, so GAO clarified it. USDA disagreed on streamlining financial requirements, and GAO said all recommendations should still be carried out.

What Happens Next?

All three congressional matters and all 12 agency recommendations are open, meaning the work is not done or is still being planned. Until Congress amends the law and agencies change rules, eligibility gaps, mismatched rules, and the maintenance gap remain.

The GAO asked Congress to consider amending the Indian Sanitation Facilities Act (ISFA) and establishing a pilot program, and asked the Indian Health Service (IHS), the U.S. Environmental Protection Agency (EPA) and the U.S. Department of Agriculture (USDA) to address invoicing, funds-transfer and financial information requirements.

The report states the pilot would give direct help to participating tribes and track whether broader O&M aid saves repair costs and improves health.

Readers can follow agency and legislative activity through Legis1.

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