vxEPA
United States
Environmental Protection
Agency
Office Of Water
(4201)
EPA 832-K-98-002
October 1 998
Frequently-Asked Questions
About The Clean Water Act:
Section 106 Tribal Water
Pollution Control Program
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Frequently-Asked Questions about the
Clean Water Act Section 106
Tribal Water Pollution Control Program
1. What is the Section 106: Tribal Water Pollution Control Grant Program?
Section 106 and 518 of the Clean Water Act authorizes EPA to provide grants to States,
interstate agencies, and eligible Indian Tribes to assist them in the development and
implementation of water pollution control or groundwater protection programs.
2. What is the purpose of the Section 106 program?
This program was created to assist Indian Tribes in developing a system to manage their own
environmental programs. The grant program offers the opportunity for tribes to develop the
methods to plan, establish and maintain a fundamental program for environmental protection of
their water resources.
3. Who is eligible to receive grants?
Any federally recognized Tribe, including an Intertribal Consortium*, is eligible to receive a
Section 106 grant if the Regional Administrator has determined that the Tribe or each member of
the Intertribal Consortium meets the requirements set forth under Section 518(e) of the Clean
Water Act:
1. The Tribe has a governing body capable of carrying out substantial governmental
duties and powers.
2. The functions to be exercised by the Tribe pertain to the management and protection
of water resources that are held by an Indian Tribe, held by a member of the United States
for a Tribe, or otherwise are within the boundaries of an Indian Reservation.
3. The Tribe is reasonably expected to be capable of carrying out the functions in a
manner consistent with the terms and purposes of the Clean Water Act.
*Intertribal Consortium is a partnership between two or more Indian tribal governments, which are
authorized by the governing bodies of those Tribes, to apply for and receive assistance under Section
106.
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4. What type of programs are eligible under the Section 106 grants?
Any program that:
• establishes water quality standards or regulations
• conducts water quality monitoring or water quality data
• develops comprehensive water resources management plans
• identifies or assess water pollution sources and impacts
• establishes aquifer protection zones for groundwater protection measures
5. Can Section 106 grants be used to build water treatment facilities?
Section 106 funding cannot be used to construct a water treatment facility or to monitor
compliance with the Safe Drinking Water Act.
6. What grant funding is available?
For eligible Indian Tribes, the EPA may provide financial assistance in an amount up to 95
percent of the approved costs of planning, developing, establishing, or improving water quality
programs.
The Regional Administration may increase the maximum federal share if the Tribe or Intertribal
Consortium can demonstrate in writing to the satisfaction of eh Regional Administrator that
fiscal circumstances within the Tribe or within each Tribe of the Intertribal Consortium are
constrained to such an extent that fulfilling the five percent match requirement would impose
undue hardships.
7. How is the grant funding distributed?
Section 106 funds for Tribes are allocated annually to each Region according to a formula that
incorporates a base distribution plus a variable distribution. Each Region awards grants to Tribes
based upon their grant application work plan. In determining which Tribes will receive awards,
the Regional Administrator will consider the applicant's planning target, the available funds and
the anticipated cost of the program relative to the proposed outputs and outcomes.
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8. What is a work plan?
A work plan is a required part of an application for financial assistance. The work plan is the
basis for the management and evaluation of performance under the grant agreement. The work
plan must conform to federal statutes, regulations, circulars, executive orders and delegation or
authorization agreements.
9. How do you prepare a work plan application to meet all requirements?
The work plan must specify:
• The work plan components to be funded under the grant
• The estimated work years and funding amounts for each work plan component
• The work plan commitments for each work plan component and a time frame for their
accomplishment
• A performance evaluation process and reporting schedule
• The roles and responsibilities of the recipient and EPA in carrying out the work plan
commitments
10. When is the deadline for an application?
Each applicant should submit a complete application at least 60 days before the beginning of the
budget period as defined by the Regional Administrator.
11. What is the selection criteria?
The criteria includes:
• past grant program performance,
• magnitude and severity of water quality problems or issues,
• discussion of unmet need,
• innovation and efficiencies that demonstrate a leveraging of resources and cooperation in
program development, and
• definition of proposed activities.
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12. Are there grant award limitations?
The Regional Administrator will only award Section 106 funds to a Tribe if:
The Tribe or each member of the.Intertribal Consortium has emergency power authority
comparable to that hi Section 504 of the Clean Water Act and adequate contingency plans
to implement such authority.
• All water monitoring and analysis activities performed by the Tribe meet the applicable
quality assurance and quality control requirements in 40 CFR 30,54 and 31.45.
• EPA has not assumed enforcement as defined in Section 309(a)(2) of the Clean Water
Act in the Tribe's or any Intertribal Consortium member's jurisdiction.
• The Tribe or Intertribal Consortium reports annually on the nature, extent and causes of
water quality problems on tribal lands.
• After an initial Section 106 award, the Tribe or Intertribal Consortium shows satisfactory
progress hi meeting its negotiated work plan commitments.
13. Can a Section 106 grant award be placed in a Performance Partnership Grant
(PPG)?
Yes, it can be included hi a PPG. A PPG is a single grant combining funds from more than one
environmental program. A PPG may provide for administrative savings or programmatic
flexibility to direct grant resources where they are most needed to address public health and
environmental priorities. Each PPG has a single, integrated budget and recipients do not need to
account for grant funds under the funds original environmental program sources. If
one were going to apply for a PPG, applicants must:
• Meet the requirements for each environmental program from which funds are included in
the PPG. If the applicant is an Intertribal Consortium, each Tribe that is a member of the
Consortium must meet the requirements,
• Apply for the grant, and
• Obtain the Regional Administrator's approval of the application.
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14. Where can Tribes obtain technical assistance or information to help them
comply with the requirements for the Section 106 grant program?
EPA recognizes that Tribes will need technical assistance in developing and implementing these
programs and that the Tribes face resource constraints. EPA also provides formal training in the
development of water quality criteria and standards. Tribal representatives are strongly
encouraged to attend this formal training.
* (Refer to back of brochure for more resources in developing and administering water quality
management programs.)
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Training Courses / Materials for Developing and Administering
Water Quality Management Programs
Courses:
"Module 21: Water Quality Standards on Indian Reservations"
This course available from:
U.S. EPA
Office of Water
Standards and Applied Science Division
East Tower 9th Floor
401 M St.
Washington, DC 20460
The Water Resources Technician Program (WRTTP)
This course is offered by the Bureau of Indian Affairs to respond to the need and desire of
natural resources management expertise. For more information, contact:
Mo Balach, PE
Bureau of Indian Affairs
Department of Interior
1849 C Street NW
Washington, DC 20240
(202)208-6042
Video:
"Water Quality Standards on Indian Land"
This video available from:
U.S. EPA
Office of Water
Standards and Applied Science Division
East Tower 9th Floor
401 M St.
Washington, DC 20460
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EPA Regional Section 106 Tribal Program Coordinators
and National Headquarters
Region!
Bill Nuzzo
One Congress Street
Boston, MA 02203-0001
(617) 565-3485
Region IV
Dorothy Rayfield/Gloria Love
61 Forsyth Street
Atlanta, GA 30303
(404)562-9278/9468
Region VI
Stephanie Grassland
1445 Ross Avenue
Suite 1200
Dallas, TX 75202-2733
(214) 665-7138
Region VIII
Lee Roberts
999 18th Street Suite 500
Denver, CO 80202-2466
(303)312-6324
Region X
Alan Moomaw
1200 Sixth Avenue
Seattle, WA 98101
(206)553-1603
Region II
Jane Leu
290 Broadway
New York, NY 10007
(212)637-3815
Region V
Diane Nelson
77 West Jackson Blvd.
Chicago, IL 60604-3507
(312)886-6108
Region VII
Talva Hayes
726 Minnesota Ave.
Kansas City, KS 66101
(913)551-7431
Region IX
Wendell Smith
75 Hawthorne Street
San Francisco, CA 94105
(415)744-2018
National Headquarters
Clarence Braddock
401 M Street
Washington, DC 20460
(202)260-5828
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