Tribal Water Protection
Related Information
CWA Requirements for Construction Projects in Indian Country - Factsheet (PDF) (2 pp, 66K About PDF)
Clean Water Act (CWA) Programs, Grants
and Cooperative Agreements
On this page:
- Water Pollution Control Grants Program
- Nonpoint Source Pollution Control Grants
- Tribal Wetlands Program Development Grants (WPDG)
- National Wetland Demonstration Program Grant Pilot
- Tribal Water Quality Cooperative Agreements
- Wastewater Infrastucture (Clean Water Act Tribal Set-Aside Program)
- Water Quality Standards
The objective of the CWA is to restore and maintain the chemical, physical, and biological integrity of the Nation's waters. The CWA programs support monitoring, assessment, protection, prevention of polluted runoff in waterways and wastewater infrastructure.
Water Pollution Control Grants Program (CWA §106)
STORET/WQX Workshop
June 3-4, 2009 - Register Now
Eligible Activities (not limited to activities in this list)
- Hiring qualified staff to identify and prioritize water quality issues
- Leasing/renting office space and purchasing equipment and supplies
- Developing a Nonpoint Source Assessment Report and Management Program
- Performing water quality monitoring and assessments
- Conducting studies related to water pollution control
- Implementing and enforcing pollution control measures
- Developing and implementing ground water programs
- Developing Tribal Water Quality Standards (WQS)
- Developing a CWA §305(b) Report
- Training and travel
Guidance and Application
- FY 2009 CWA 106 Announcement (PDF) (27 pp, 895K, About PDF)
- FAE Handbook (PDF) (22 pp, 2M)
- CWA Section 106 Tribal Grant Guidance
Contact Information
Jenee Gavette (gavette.jenee@epa.gov)
(415) 972-3439
Danielle Angeles (angeles.danielle@epa.gov)
(415) 972-3441
Nonpoint Source Pollution Control Grants (CWA §319)
NPS is defined as rainfall, snowmelt, or irrigation that runs over land or through the ground, picks up pollutants, and deposits them into rivers, lakes, oceans, or groundwater.
Eligible Activities (not limited to activities in this list)
- Hiring qualified staff
- Implementing physical measures or best management practices that will reduce or eliminate NPS pollution in receiving water bodies, resulting in water quality benefits
- Implementing the tribe’s approved NPS management program
- Implementing “on-the-ground” watershed projects (i.e., stream restoration, revegetation, buffer strips, tree planting, and more)
- Conducting NPS education programs
- Training and travel
Guidance and Application
- NPS Guidance documents
- Solicitation Flyer (PDF) (2 pp, 95K, About PDF)
- Tribal Nonpoint Source Planning Handbook (PDF)
- FAE Handbook (PDF) (22 pp, 2MB, About PDF)
NPS Success Stories Booklet (PDF) (18 pp, 1.5 MB, About PDF)
Annual NPS Workshop, held each Spring
Contact Information
Tiffany Eastman (eastman.tiffany@epa.gov)(415) 972-3404*
* To phone this person, you must dial 1-800-735-2922 for an operator to assist with your call.
Audrey L. Johnson (johnson.audreyl@epa.gov)
(415) 972-3431
Tribal Wetlands Program Development Grants (WPDG) (CWA §104(b)(3))
- to increase the quantity and quality of wetlands in the Region by conserving wetland acreage and
- improving wetland health.
This program aims to help tribes develop and implement effective, comprehensive programs for wetland protection. EPA awards grants to build or improve:
- regulation
- monitoring and assessment
- restoration
- wetland water quality
- watershed management
- public-private partnerships and coordination among agencies with wetland programs
Emphasis for competition in FY2005 will be to continue building and refining any element of a comprehensive wetland program supporting:
- Developing a comprehensive monitoring and assessment program
- Improving the effectiveness of compensatory mitigation
- Refining the protection of vulnerable and aquatic resources
For complete information on this grant, see the National EPA Wetlands Program Development Grants Web site.
Guidance and Application
Contact Information
Cheryl McGovern (mcgovern.cheryl@epa.gov)
(415) 972-3415
National Wetland Demonstration Program Grant Pilot (CWA §104(b)(3))
The Wetland Demonstration Program Grant Pilot (WDP) is a one-time nation-wide competitive grant pilot. For complete information on this grant program, see the National EPA Web site.
Awards may be granted for regulatory and non-regulatory programs. Tribes can apply for funding for their regulatory program, their non-regulatory program, or both. Regulatory and non-regulatory programs will compete separately.
- Regulatory program activities may include permitting, compliance and enforcement, and 401 certification decisions
- Non-regulatory program activities may include program coordination; wetlands monitoring, assessment, mapping, and restoration; outreach and education; as well as partnership-building around any of these wetland program activities
Funding
EPA anticipates that $5 million to $8 million will be available for the WDP grants. Awards may be for as much as $300,000 per state or tribe per year.
Guidance and Application
Contact Information
Suzanne Marr (marr.suzanne@epa.gov)
(415) 972-3468
Tribal Water Quality Cooperative Agreements (CWA §104(b)(3))
The purpose of the tribal Water Quality Program is to assist federally-recognized tribes, tribal consortia, and non-profit organizations (which support tribal programs) implement requirements related to the National Pollutant Discharge Elimination System (NPDES) program. This program provides funding via CWA §104(b)(3) cooperative agreements.
Examples of eligible activities
- Development and implementation strategies for combined sewage overflow and stormwater discharge problems
- Sludge problems
- Community-based water pollution activities
- Implement priority Tribal environmental protection activities
- Conduct innovative watershed protection planning
- Development of Total Maximum Daily Loads (TMDLs)/ Water Quality Assessment and Monitoring Programs
Guidance and Application
Contact Information
Loretta Vanegas (vanegas.loretta@epa.gov)
(415) 972-3433
Wastewater Infrastucture (Clean Water Act Tribal Set-Aside Program)
EPA utilizes Indian Health Service (IHS) Sanitation Deficiency System (SDS) list to select project eligible for funding. Tribes have an option of receiving a direct grant or receive an Interagency Agreement (IAG) with corresponding IHS area office. EPA contacts the selected tribe directly and requires a written response on the selected option to receive funds.
Examples of Eligible Activities
- Interceptor sewers
- Wastewater Treatment Facilities (conventional or alternate)
- Infiltration/Inflow correction
- Collector sewers
- Major sewer rehabilitation
- On-site systems (e.g., septics)
Funding/Accomplishments
In FY2004, we awarded $8.6 million for 23 tribal wastewater projects, which will provide adequate wastewater facilities for 5,000 tribal homes. Each year EPA sets aside 1.5% of State Revolving Funds (SRF) for the construction of Wastewater Treatment Facilities to serve Tribes.
Guidance and Application
Contact Information
Loretta Vanegas (vanegas.loretta@epa.gov)
(415) 972-3433
Water Quality Standards
Water Quality Standards (WQS) are the foundation of the nation’s surface water quality protection program. See the National EPA Water Quality Standards Web site for complete information including basic descriptions and document for approved tribal water quality standards.
Indian tribes can administer the WQS program on Tribal Land
With an approved WQS program, an Indian tribe can set the water quality goals for all surface waters (e.g., streams, rivers, lakes, and wetlands) on the reservation. The tribe will also determine whether activities which require a federal license or permit are consistent with the tribe’s WQS.
How authorization under the Clean Water Act benefits Indian tribes
- Under Section 401, if a requested license or permit within the reservation results in discharge adversely affecting water quality, an eligible Tribe may certify whether the requested license or permit satisfies the Tribe’s WQS.
- Tribes establish water quality goals for reservation waters to protect water resources.
- Tribes designate uses of waterbodies which may include cultural or traditional purposes.
Questions About Program Authorization
What does a Tribe need to start the WQS process for our reservation lands?
Before a tribe may adopt standards consistent with the Clean Water Act, it must receive authorization to administer the WQS program.
What is program authorization?
EPA uses four criteria to determine the eligibility of a tribe to administer the WQS program. These are:
- The tribe must be federally recognized
- The tribe must have a governing body that carries out substantial governmental duties and powers
- The tribe must have authority to administer the program for reservation waters
- The tribe must be capable of administering an effective WQS program
Upon receiving authorization, the tribe can submit its WQS for approval to EPA. You can submit both applications for program authorization and Tribal adopted WQS at the same time.
How does a tribe apply for the WQS program?
There is not a standard application to apply for program authorization. An Indian tribe submits documentation to show that it meets the four criteria above. Documentation should include copies of tribal laws or regulations and other supporting information. The appropriate EPA Regional Administrator reviews the information.
Region 9 has approved three Tribal WQS programs:- White Mountain Apache (PDF) - (55 pp, 4.3M, About PDF)
- Hoopa Valley Tribe (PDF) - (155 pp, 4.9M, About PDF)
- Hualapai Tribe (PDF) - (61 pp, 152K, About PDF)
Contact Information
Wendell Smith (smith.wendell@epa.gov)
(415) 972-3421
Fax: (415) 947-3537
Janis Gomes (gomes.janis@epa.gov)
(415) 972-3517