Financial Assistance Eligibility
Handbook for Indian Tribes
Clean Water Act Water Quality Planning
and Protection Programs
Clean Water Act § 106
Clean Water Act § 319
U.S. Environmental Protection Agency Region 9, Water Division, Tribal Clean Water
Updated: 11/2022
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Table of Contents
Introduction 3
Summary of Water Quality Protection Programs 3
Water Pollution Control Program (CWA §106) 3
Nonpoint Source Program (CWA §319) 4
Tribes Achieving Environmental Results with CWA Grant Funds 5
Water Pollution Control Program (CWA §106) 5
Nonpoint Source Program (CWA §319) 5
Checklist - For 1st Time Applicants 6
Checklist - For Application Amendments 8
List of Exhibits 10
Exhibit I: List of Federally Recognized Tribes 11
Exhibit II: Narrative Statement 16
Exhibit III: Ordinance Addressing CWA §504 Authority 20
Exhibit IV: Contingency Plan to Implement Authority Comparable to CWA §504 22
CWA §504 Emergency Powers 23
Exhibit V: Sample CWA §319 FAE Application Submittal Letter 24
Exhibit VI: EPA Tribal Contacts/Project Officers 26
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Introduction
This handbook is designed to assist Indian Tribes with preparing applications for financial assistance
eligibility (FAE) under the Clean Water Act (CWA). Once a Tribe submits a complete application and
receives approval from the U.S. Environmental Protection Agency, it can support water quality efforts
and build institutional capability through the following CWA grants:
• Water Pollution Control Program (CWA §106)
• Nonpoint Source Program (CWA §319)
This handbook provides a summary of the CWA §106 and §319 programs, the FAE Application Checklist,
the List of Federally Recognized Indian Tribes, and a List of Region 9 Contacts. In addition, this handbook
provides examples of the required documents that have been previously accepted by EPA Region 9.
These include (1) an example of the Narrative Statement explaining how the Tribe meets the
requirements for a successful Tribal FAE application, including a description of how the Tribal governing
body is carrying out its governmental duties and powers; (2) an ordinance addressing CWA §504
(Emergency Powers); and (3) an associated Contingency Plan. These documents demonstrate the type of
information required and should be used as a reference only, as each Tribe differs with respect to
geography, capability, history, and administration.
Please note that Tribes' sovereignty will not be affected by applying for or receiving CWA FAE or CWA
program grants. Instead, Tribes will be empowered to receive funds directly from EPA and they will be
eligible to receive grants for administering water pollution control and nonpoint source programs.
If any questions arise while preparing a FAE application, please contact the appropriate Contact, as
identified in ixhibit VI.
Summary of Water Quality Protection Programs
Water Pollution Control Program (CWA §106)
The Water Pollution Control Program assists Federally recognized Indian Tribes with achieving positive
environmental results by developing institutional capacity for administering water quality programs to
protect, improve, and enhance natural resources. Water Pollution Control Program Grants are
negotiated and awarded annually to Tribes who have established CWA §106 financial assistance
eligibility (FAE) with EPA. This program has a regulatory cost requirement of 5%, but on April 5, 2022,
the Section 106 Tribal Program was granted an exception waiving the tribal match for future grants. See
https://www.epa.gov/water-pollution-control-section-106-grants/tribal-grants-under-section-106-
clean-water-act#tribalmatch for more information.
The eligible activities include, but are not limited to:
• Hiring qualified staff to identify and prioritize water quality issues;
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• Performing water quality monitoring and assessments;
• Conducting studies related to water pollution control;
• Leasing/renting office space and purchasing equipment necessary for program implementation;
• Developing Tribal water quality standards;
• Implementing and enforcing pollution control measures;
• Developing and implementing ground water programs;
• Developing a Nonpoint Assessment and Management Program;
• Developing a CWA §305(b) water quality assessment report;
• Training and travel.
For more information on CWA §106, please visit the following website.
Nonpoint Source Program (CWA §319)
The Nonpoint Source Control Program assists Federally recognized Indian Tribes with achieving positive
environmental results by developing and implementing polluted runoff control programs that address
critical water quality concerns. Prior to receiving a CWA §319 grant, Tribes are required to submit to EPA
for approval a Nonpoint Source Assessment Report and Management Program for waters affected by
nonpoint source pollution. Tribes who have established CWA §106 FAE with EPA may be eligible for
financial assistance through CWA §319. A non-Federal match of 40 percent of the total project costs is
required, or a 10 percent match if financial hardship is determined.
The eligible activities include, but are not limited to:
• Hiring qualified staff to identify and prioritize water quality issues;
• Implementing physical measures or best management practices (BMPs) that will reduce or
eliminate Nonpoint Source Pollution (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, installing gabions, tree planting, removal of invasive/non-native species, and more);
• Conducting NPS education programs;
• Training and travel.
For more information on CWA §319, please visit the following website.
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Tribes Achieving Environmental Results with CWA Grant
Funds
Water Pollution Control Program (CWA §106)
The Hoopa Valley Tribe Water Quality Sampling Program
The Trinity River bisects the lush valley that is home to the
Hoopa Valley Indian Reservation in Northern California. The
Hoopa Tribal Environmental Protection Agency (TEPA) is the
department delegated with safeguarding the reservation's
natural resources and water quality. TEPA uses the CWA §106
Program to fund cyanotoxin sampling activities which are
necessary to identify toxic levels in the Tribe's drinking water
supply. Hoopa's CWA §106 program is able to analyze current
data about cyanotoxins, inform the community about
associated health risks, and keep the tribal membership and
decision-makers updated on the causes and effects of
cyanotoxins in the watershed, as well as providing potential
remedial options.
Nonpoint Source Program (CWA §319)
The Salt River Riverine Erosion Mitigation Project
The Salt River Pima-Maricopa Indian Community in Arizona
utilizes CWA §319 funds to address riverbank erosion on
their reservation. With EPA funding, the community has
planted over 300 native plant species to stabilize the
riverbank reducing nonpoint source pollutants from entering
the river system and restoring the riparian habitat. This
project improved the overall health of the river ecosystem
and made the space more accessible for community
members to enjoy.
Aerial shot of Arroyo along Salt River, AZ
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Checklist - For 1st Time Applicants
Tribal Financial Assistance Eligibility (FAE) Application CWA §106 and CWA §319 Programs
Tribe: Program(s): ~ CWA §106 Date:
~ CWA §319
Please mark the boxes on the left as you locate (or create) documents described in each section.
Once you have assembled all information listed, your Financial Eligibility Application (FAE) will
be complete and ready for submittal.
1. Tribe must be recognized by the Secretary of the Interior.
~ Circle name of the Tribe on Exhibit 1 (List of Federally Recognized Indian Tribes) and include
with FAE application.
Comments/Notes:
2. Tribe must have a governing body carrying out substantial governmental duties and
powers.
~ Provide a copy of the Tribal Constitution and/or Articles of Incorporation.
~ Provide copies of Tribal Codes, Ordinances, and Resolutions demonstrating application of
substantial governmental duties and powers.
Comments/Notes:
3. Tribe must be capable of carrying out functions to be exercised in a manner
consistent with the terms and purposes of the CWA and of all applicable regulations.
~ Provide a copy of the Tribal Constitution and/or Articles of Incorporation.
~ Provide copies of Tribal Codes, Ordinances, and Resolutions demonstrating application of
substantial governmental duties and powers.
~ Provide a Narrative Statement describing how the governing body carries out its duties (see
Exhibit for an accepted Narrative Statement).
The narrative statement should include:
~ Proof of previous or current general managerial experience.
~ Evidence of environmental/public health programs administered by the Tribe.
~ Description of existing or proposed staff resources; include position descriptions.
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~ Description of the Tribe's accounting and procurement system (citing 2 CFR Part 200).
Comments/Notes:
4. The functions to be exercised by the Tribe must pertain to the management and
protection of water resources within the Tribe's reservation.
~ Provide information demonstrating that the functions to be exercised by the Tribe pertain to
the management and protection of water resources on the Tribe's reservation.
~ Provide copies of pertinent Executive Orders, Land Orders, Treaties, Acts of Congress, etc.
~ Provide detailed and legible maps of reservation.
Comments/Notes:
5. For CWA §106, the Tribe must have authority comparable to that of CWA §504,
including contingency plans to implement such authority.
~ Provide a copy of information (Ordinances, etc.,) addressing CWA §504 authority (see Exhibit
l_[ for an accepted ordinance that addresses CWA §504 authority).
~ Provide a copy of, or detailed description of the Tribe's contingency plan (see Exhibit IV for an
accepted contingency plan) to implement authority comparable to CWA §504.
Comments/Notes:
6. Prepare a FAE application submittal cover letter, addressed to the EPA Regional
Administrator (WTR-3-1), which includes the following:
~ For CWA §106 FAE applications, a request for EPA review and approval of the FAE application,
citing CWA §106, along with a summary of the contents of the FAE application.
~ For CWA §319 FAE applications, the Tribe should conduct a review of its previously approved
CWA §106 FAE application, using this checklist. If the Tribe determines that the information
contained in its CWA §106 FAE application is still current and correct, a letter requesting EPA
review and approval for CWA §319 should be submitted (see Exhibit V). If the Tribe determines
that elements of the CWA §106 FAE application require update or revision, those revised or
updated elements should be submitted, and the CWA §319 submittal letter revised accordingly.
~ For CWA §106 and §319, Tribal representatives/employees that EPA can contact regarding the
FAE application.
~ For CWA §106 and §319, the Tribal Chairman or equivalent signatory.
Comments/Notes:
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Checklist - For Application Amendments
Tribal Financial Assistance Eligibility (FAE) Application CWA §106 and CWA §319 Programs
Tribe: Program(s): ~ CWA §106 Date:
~ CWA §319
Please mark the boxes on the left as you locate (or create) documents described in each section.
Once you have assembled all information listed, your Financial Eligibility Application will be
complete and ready for submittal.
1. The functions to be exercised by the Tribe must pertain to the management and
protection of water resources within the Tribe's reservation.
~ Provide information demonstrating that the functions to be exercised by the Tribe pertain to
the management and protection of water resources on the Tribe's reservation.
~ Provide copies of pertinent Executive Orders, Land Orders, Treaties, Acts of Congress, etc.
~ Provide detailed and legible maps of reservation.
Comments/Notes:
2. Prepare a FAE application submittal cover letter, addressed to the EPA Regional
Administrator (WTR-3-1), which includes the following:
~ For CWA §106 FAE applications to amend for new land, a request for EPA review and approval
of the FAE application, citing CWA §106 and the Tribe's prior FAE approval, along with a summary
of the contents of the FAE application.
~ For CWA §319 FAE applications where the Tribe has already been approved for CWA §106 and
would now like to be eligible for CWA §319, the Tribe should conduct a review of its previously
approved CWA §106 FAE application, using this checklist. If the Tribe determines that the
information contained in its CWA §106 FAE application is still current and correct, a letter
reauesting EPA review and approval for CWA §319 should be submitted (see ixhibit V). If the
Tribe determines that elements of the CWA §106 FAE application require update or revision,
those revised or updated elements should be submitted, and the CWA §319 submittal letter
revised accordingly.
~ For CWA §106 and §319, Tribal representatives/employees that EPA can contact regarding the
FAE application.
~ For CWA §106 and §319, the Tribal Chairman or equivalent signatory.
Comments/Notes:
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3. Any additional updates to status since original application.
Comments/Notes:
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List of Exhibits
Exhibit I: List of Federally Recognized Indian Tribes
Exhibit II: Narrative Statement
Exhibit III: Ordinance Addressing CWA §504 Authority
Exhibit IV: Contingency Plan to Implement Authority Comparable to CWA §504
Exhibit V: Sample CWA §319 FAE Application Submittal Letter
Exhibit VI: EPA Tribal Contacts/Project Officers
NOTE: Exhibits ll-V include examples of a narrative statement, ordinance, contingency plan, and
application cover letter. These examples demonstrate what has been accepted by EPA, the type of
information that is required, and should be used as a reference only, as each Tribe differs with respect
to geography, capability, history, and administration. These documents have been reformatted by
EPA for inclusion in this handbook.
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Exhibit I: List of Federally Recognized Tribes
Note: The Federal Register is updated yearly
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electronic manifests originated in the e-
Manifest system as the legal equivalent
to paper manifests; (2) require manifest
users to submit paper copies of the
manifest to the system for data
processing; [3] collect manifests in I he
e-Manifest system for hazardous waste
subject to federal or state law; and (4)
set up user fees to offset the costs of
developing and operating the e-Manifest
system.
Pursuant to the Ad, EPA modified the
manifest regulations on February 7.
2014 (the e-Manifest "One Year Rule1'),
to authorize use of electronic manifests
(or e-Manifests) for tracking offsite
shipments of hazardous waste from a
generator's site to the site of the receipt
and disposition of the hazardous waste.
On January 3,20IB. EPA finalized the
e-Manifest User Fee Final Rule which
established the fee methodology that
EPA uses to determine the user fees
applicable to the electronic and paper
manifests submitted to the national
system. EPA launched the e-Manifest
system on June ;i0, 2013. TSDFs and
other receiving facilities must submit
manifests, both paper and elect ronic, to
EPA. In addition to fees for RCRA
wastes, EPA is charging TSDFs and
other facilities receiving state-oralv
regulated wastes a fee for each manifest
submitted to the system. Regulations
regarding copv submission requirements
for interstate shipments and the
applicability of e-Manifest system and
fees to facilities receiving state-only
reguiated wastes are found in 40 CFR
part 260 (Hazardous Waste Management
System). Regulations regarding
imposition of user fees on receiving
facilities for their manifest submissions,
with references to key fee methodology,
fee dispute, and fee sanction
requirements are found in parts 264 and
265.
Form Numbers: Form 8700-22 and
8700—22A-
Responden ts/affected exilities:
Business or other for-profit.
Respondent's obligation to respond:
Mandatory (RCRA 3002
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7555
Blue Lake Rancheria. California
Bridf5?pnrt Indian Colony [previously listed
as Bridgeport Paiute Indian Colony of
California!
Buena Vista Rancheria of Me-Wuk Indians of
California
Bums Paiute Tribe (previously listed as
Qumx Paiute Tribe of the Burns Paiute
Indian Colony of Oregon]
Cahazon Band of Mission Indians, California
Cachil DeHe Band of Wintun Indians of the
Colusa Indian Community of the Colusa
Rancheria. California
Caddo Nation of Oklahoma
Gahto Tribe of the Laytonville Ranrheria
Gahuilla Band of Indians (previously listed as
Gahuilla Band! of Mission Indians of the
Gahuilla Reservation. Californiaj
California Valley Mi wok Tribe. California
Cam po Band oF Diegueno Mission Indians of
the Campo Indian Reservation. California
Capitan Crande Band of Diegueno Mission
Indians of California (Barona Group of
Capitan Grande Band of Mission Indians of
the Barona Reservation. California:
Viejas (Baron Long} Croup oF Capitan Grande
Band of Mission Indians of the Viejas
Reservation, California)
Catawba Indian Nation [previously listed as
Catawba Tribe of South Carolina]
Cayuga Nation
Cedarville Ranrheria, California
Ghemehuevi Indian Tribe ol the Chemeburvi
Reservation. California
Cher-A e Heights Indian Co nun unity of the
Trinidad Ranrheria, GaJiFornia
Cherokee Nation
Cheyenne and Arapaho Tribes. Oklahoma
{previously listed as Cheyenne-Arapaho
Tribes of OkJahomal
Cheyenne River Sioux Tribe of the Cheyenne
River Reservation. South Dakota
Chickahominy Indian Tribe
Chickahominy Indian Tribe—Eastern
Division
Chicken Elanrili Ranrheria oF Me-Wuk Indians
of California
Chippewa Cree Indians o
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Little Shell Tribe of Chippewa Indians of
Montana
Little Traverse Bay Bands of Ottawa Indian*.
Michigan
Lane Pine Paiute-Shashane Tribe (previously
listed its Paiute-Shoshone Indians at the
Lane Pine Community af the Lone Pine
Reservation, California]
Las Coyotes Band of CahuiLLa and Cupeno
Indians. California [previously Listed as Lex
Coyotes Band of Cahuilla & Cupeno
Indians of the Los Coyotes Reservation!
Lovelock Paiute Tribe oi the Lovelock Indian
Colony. Nevada
Lower Bnile Sioux Tribe of the Lower Brule
Re-serration. South Dakota
Lower Elwha Tribal fownmunity I previously
listed as Lower Elwha Tribal Community
of llie Lower Elwha Reservation.
Washington!
Lower Sioux Indian Community in the Slate
of Minnesota
Lummi Tribe of the Lununi Reservation
Lytton Rancheria of California
Makah Indian Tribe oi the Makah Indian
Reservation
Manchester Band of Pomo Indians of the
Manchester Rancheria, California
Ipreviously listed as Manchester Band of
Ponaa Indians of the Manchester-Paint
Arena Rancheria, California!
Manzanita Band ol Oiegueno Mission Indians
of the Manzanita Reservation, California
Mashantucket Pequat Indian Tribe
Ipreviously Listed as Mashantucket Pequat
Trilse of Connect icutj
Mashpee Wampanoag Tribe {previously
listed as Mashpee Wampanoag Indian
Tribal Cminr.il. lnc.|
Match-e-be-nash-she-wish Band of
Pcrttawatomi Indians ol Michigan
Mechoopda Indian Tribe of Chico Rani:heria.
California
Menominee Indian Tribe of Wisconsin
Mesa Grande Band of Diegueno Mission
Indians ol the Mesa Grande Reservation,
California
Mescalero Apache Tribe of the Mescalero
Reservation, New Mexico
Miami Trihe of Oklahoma
Miccosukee Tribe of Indians
Middletown Rancheria of Pomo Indians of
California
Minnesota Chippewa Tribe, Minnesola (Six
component reservations: Bois Forte Band
INett Lake]; Fond du Lac Band; Grand
Portage Band: Leech Lake Band: Mille Lacs
Band; White Earth Band]
Mississippi Baud of Choctaw Indians
Moapa Band of Paiute Indians of the Moapa
River Indian Reservation, Nevada
Modoi: Notion Ipreviously Listed as The
Modoc Tribe of Oklahoma |
Mobegan Tribe of Indians af Connecticut
Ipreviously Listed as Mohegao Indian Tribe
of Connecticut)
Monacan Indian Nation
Mooretown Rancheria of Maidu Indians of
California
Moroogo Band of Mission Indians. California
Ipreviously Listed as Moronga Band of
CahuiLLa Mission Indians af the Marengo
Reservation)
Muckleshoot Indian Tribe [previously listed
as Muckleshoot Indian Tribe of the
Muckleshoot Reservation, Washington!
Nansemond Indian Nation Ipreviously Listed
as Nansemond Indian Tribe)
Narragansetl Indian Tribe
Navajo Nation. Arizona. New Mexico, & Utah
Nez Peine Tribe IprexiousLy Lisled as Ne*
Peme Tiibe of IdaboJ
Nisqually Indian Tribe Ipreviously listed as
Nisqually Indian Tribe of the Nisqually
Reservation, Washington!
Nooksack Indian Tribe
Northern Cheyenne Tribe of the Northern
Cheyenne Indian Reservation. Montana
Narthlork Rancheria ol Mono Indians of
California
Northwestern Band of tbe .Shoshone Nation
Ipreviously listed as Northwestern Band of
Shoshoni Nation and the Northwestern
Band of Shoshoni Nation of Utah
I Washakie] |
Nottawaseppi Huron Band of tbe
Patawalorai, Michigan Ipreviously Listed as
Huron Putawatomi. Inc.]
Oglala Sioux Tribe Ipreviously listed as
Dglala Sioux Tribe of the Pine Ridge
Reservation, South Dakota)
Ohkay Owingeh. Mew Mexico [previously
Lisled as Pueblo of San Juan|
Omaha Tribe of Nebraska
Oneida Intlian Nation [previously listed as
Ooeida Nation of New York]
Oneida Nation |previously Listed as Uneida
Tribe
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7557
Samisb Indian Nation [previously listed as
Samish Indian Tribe, Washioglonl
San Carlos Apac.be Tribe: of the San Carlos;
Reservation, Arizona
San fuan Southern Paiute Tribe ai Arizona
San Manuel Band
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Hughes Village
Huslia Village
Hvdaburg Goopcral ive Association
Isiugig Village
[nupi.ll CaaimmEiily of the Arctic Slope
[qugraiut Traditional Council (previously
listed as Iqurmuil Traditional Councill
Ivanat Bay Tribe (previously listed as Ivanotf
Bay Tribe and Ivanoff Bay ViLlagel
Kaguyak Village
Kaktovik Village lalca Barter bland]
Kasigluk Traditional Elders Council
Kenaitze Indian Tribe
Ketchikan Indian Community (previously
listed as Ketchikan Indian Corporation)
King Island Nal ive Community
King Salmon Tribe
Klawock Cooperative Association
Knik Tribe
Kokhanok Village
Kayukuk Native Village
Levelo ck Village
Lime Village
Mauley Hot Springs Village
Manokotak Village
McGrath Native Village
Mentasta Traditional {Council
Metiakatla Indian Community. Annette
Island Reserve
Naknek Native Vtl lage
Native Village at Afognak
Native Village at" Akhink
Native Village of Akutan
Native Village at AleifcnagLk
Motive Village at" Ambler
Native Village a? At La
Native Village at Atqasuk [previously listed
as Atqasuk Village (Atkasook)!
Native Village at' Barrow Inupiat Traditional
Government
Native Village at Belkofski
Native Ullage at Brevig Mission
Native Village* at Buckland
Native Village at" Cantwell
Native Village at' Chenega (aka Chan eg a J
Native Village at' Cbignik Lagoon
Native Village at Chitina
Native Village at' Cbuathbaluk (Russian
Mission. Kusknkwim)
Native Village of Council
Native Village at' Deering
Native Village at Diamede |aka Inalikl
Native Village at' Eagle
Native Village at'Eek
Native Village af Ek.uk
Native Village af Ekwok (previously listed as
Ekvrok Village!
Native Village at Elim
Native Village af Eyak (Cordova!
Native Village af False Pass
Native Village af Fort Yukon
Native Village af Gakona
Native Village af Gambell
Native Village af Georgetown
Native Village af Coadnews Bay
Native Village at" Hamilton
Native Village at" Hooper Bay
Native Village af Kanatak
Native VilLage af Karluk
Native Village af Kiana
Native Village af K ipnuk
Native Village af Kivalina
Native Village of Kluti Kaah (aka Copper
Center!
Native Village af Kobuk
Native Village af Kongiganak
Native ViLlage ol Kotzebue
Native Village of ECoyuk
Native Village ol Kwigillingok
Native Village of KwinJftagpk ]aka Quinhagakl
Native Village ol Larsen Bay
Nalive Village of Marshall (aka Fort una
Ledge!
Native Village ol Mary's Igloo
Native Village of Mekoryuk
Native Village of Minto
Native ViLlage of Nanwalek I aka English Bayl
Native Village of Napaimute
Native Village ol Napakiak
Native Village ol Napasklak
Native Village of Nelson Lagoon
Nati\-e Village of Nightmute
Native Village ol Niknlski
Nati\'e Village of Noatak
Native Village of Nuiqsul [aka Nooiksutl
Native ViLlage of Nunam Iqua | previously
listed as Native Village af Sheldon's PaintJ
Nati\-e Village of Nunapitchuk
Native Village of Duxinkie
Native Village ol Paimiut
Native Village ol Ferryville
Native Village of Pilol Paint
Native Village ol Paint Hope
Native Village ol Paint Lav
Nalive ViLlage of Part Gmnant
Native Village of Part Heiden
Native Village of Part Lions
Native ViLlage ol Ruby
Native ViLlage of Saint Michael
Native ViLlage of Savoonga
Natii'e ViLlage ol Sc&mmon Bay
Native ViLlage of SelavvLk
Native ViLlage of ShaktoaLlk
Native ViLlage of Shishmaref
Native ViLlage of Shungnak
Natii-e ViLlage ol Stevens
Native Village of Tanacross
Native ViLlage of Tanana
Native ViLlage of Tatitlek
Native ViLlage of Tazlina
Native ViLlage of Teller
Native ViLlage of TetLin
Native ViLlage of Tuntutuliak
Native ViLlage of Tununak
Native ViLlage of Tyanek
Native ViLlage of CnalakLeei
Nati\-e ViLlage of L'nga
Native ViLlage of VenetLe Tribal Government
[Arctic Village ami Village of VenetieJ
Native Village of Wales
Native ViLlage of White Mountain
Neitana Native Association
New Koliganek Village Gouncil
New Stuyahok ViLlage
Newhalen VilLage
Newt ok Village
Nikolai Village
Ninilrhik Village
Name Eskimo Cacnmunity
Nandalton VilLage
Naorvik Native Community
Northway Village
Nulalo Village
Nunakauyarmiut Tribe
Organized Vi I lage of Grayling I aka
Holikachuk)
Organized Village of Kake
Organized Village of Kasaan
Organized Village of Kwethluk
Organized Village of Sax man
Orutsararmiut Traditional Native Gouncil
I previously listed as Orutsarannuit Native
Village (aka Bethel!)
Osr.arvilLe Traditional Village
Pauloll Harbor Village
Pedro Bay Village
Petersburg Indian Association
Pilot Station Traditional Village
Pitka's Point Traditional Council (previously
listed as Native ViLlage of Pitka's Pointl
Platinum Traditional ViLlage
Portage Greek Village |aka Ghgsenakalef
Pribiiot Islands Aleut Communities of Si.
Paul & St. George Islands (Saint George
Island and wSaint Paul Island)
Qagan Tayagungin Tribe of Sand Point
(previously Listed as Qagan Tayagungin
Tribe of Sand Point VilLagejl
Qawalangin Tribe of Unalaska
Rampart Village
Saint George Island (See Pribilof Islands
Aleut Communities of St. Paul & St. George
Islands)
Saint Paul Island (See Pribiiot Islaods Aleut
Communities of St. Paul Sc St. George
Islands)
Salamatof Tribe [previously listed as Village
of Salamatoffl
Seldovia ViLlage Tribe
Shageluk Native VilLage
Sitka Tribe of Alaska
Skagway Vrillage
South Naknek Village
Stebbins Gommunity Association
Sun'aq Tribe of Kodiak (previously listed as
Shoooaq' Tribe of Kod iak|
Takoina Village
Tangirnaq Native Village | previously listed as
Lesnai Village (aka Woody Is land) J
Telida ViLlage
Traditional Village of Togiak
Tuluksak Nalive Community
Twin Hills Village
Cgashik Village
L'nikurniut Native ViLlage [previously listed
as Umkumiute Native Village!
VilLage af Alakanuk
VilLage af Anaktuvuk Pass
VilLage af Aniak
VilLage af Atmautluak
Village of BiLI Macro's Slough
Village af Chefornak
VilLage af CLarks Point
VilLage of Croaked Greek
Village of Dot Lake
VilLage af lliamna
VilLage af Kalskag
VilLage af Kaltag
Village of Kollik
VilLage af Lower Kalskag
Village af Obagamiut
VilLage af Red Devil
VilLage af Sleetmute
Village af Solomon
Village af Stony River
Village af Venetie |See Native VilLage af
Venetie Tribal Government!
VilLage af Wainvrrighl
Wrangell Cooperative Association
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FAE Handbook Updated: 11/2022
Exhibit II: Narrative Statement
The Tribe must demonstrate that the functions to be exercised by the Tribe pertain to the management
and protection of water resources within the Tribe's reservation to support CWA §106 and §319 FAE
applications. Funds available under CWA §106 and §319 may be awarded to an Indian Tribe, if EPA
determines that the Indian Tribe meets the requirements set forth in 40 C.F.R. § 130.6(d)!, and 40 C.F.R.
§§ 35.583, 35.633, respectively. The regulations found at 40 C.F.R. § 130.6(d) provide that an Indian Tribe
is eligible for a grant under CWA2 §106 and §319 if:
1. the Indian Tribe has a governing body carrying out substantial governmental duties and powers;
2. the functions to be exercised by the Indian Tribe pertain to the management and protection of water
resources which are held by an Indian Tribe, held by the United States in trust for Indians, held by a
member of an Indian tribe if such property interest is subject to a trust restriction on alienation, or
otherwise within the borders of an Indian reservation; and
3. the Indian Tribe is reasonably expected to be capable, in EPA's judgment, of carrying out the
functions to be exercised in a manner consistent with the terms and purposes of the Clean Water Act
and applicable regulations.
Narrative Statement for the Cabazon Band of Mission Indians Financial Assistance
Eligibility (FAE) Application
General Background Information
The Cabazon Indian Reservation is found within the territory of the people known as the Desert Cahuilla,
who became a separate linguistic and culturally independent tribe in approximately 1000 B.C. The
Reservation is located on non-contiguous lands in the eastern half of the Coachella Valley, Riverside
County, California. It is divided over four sections of land, Sections 19, 30, 32 are located in Township
5,Range 8 and Section 6 is located in Township 7, Range 9. These sections occur adjacent to the cities of
Indio, Coachella and the unincorporated communities of Thermal and Mecca.
The Reservation was defined by Presidential Decree in 1876, as consisting of three parcels of raw desert
totaling 2,400 acres. The tribe, consisting of 600 members during that period, has dwindled to fewer
than 70 descendants. The reservation has decreased in area, to approximately 1,700 acres. Portions of
reservation land were taken, first, by the Southern Pacific Railroad and later by the State of California.
This land was used to create a railroad and an interstate right-of-way. What is now known as the City of
Indio was created out of much of the acreage seized for the Southern Pacific Railroad.
Beginning in stark poverty, on sun baked, and land-locked property, the Cabazon Band of Mission
Indians have utilized some expert assistance, and as a result, have created a flourishing array of
businesses and opportunities for Tribal members, as well as providing employment opportunities for
adjacent communities. After reorganizing themselves in 1980, the Tribe has developed a successful
Tribal government. They elect a Tribal Chairperson (the five-member Business Committee) every four
1 The requirements of 40 C.F.R. §130.6(d) are the same as those set forth in section 518(e) of the CWA.
2The requirements of 40 C.F.R. §130.6(d) are applicable to all CWA assistance programs administered
under 40 C.F.R. Part 35, Subparts A, B and H.
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FAE Handbook Updated: 11/2022
years. They have established a Tribal Court, formed a Tribal Public Safety Department, and established a
Tribal Services Department to coordinate health, education, employment, and housing programs.
The Tribe has developed an excellent administrative staff, nearly 30 personnel, who are working to bring
prosperity to the Tribe, while seeking to protect the natural environment of the Reservation.
Water Conditions
Flooding
The Reservation lies in an area of very gentle slope, 0-2%. Diversion dikes have been built to the
northeast which protect the Ail-American Canal, and subsequently, Section 19, Wasteway No. 3 serves
to divert potential storm flows into the Whitewater River Channel, which occurs south of Interstate 10
and runs southwesterly through Sections 30 and 32 on the Reservation. The Whitewater Rivers serves as
the principal drainage for the entire Coachella Valley. However, Section 6 of the Reservation occurs
approximately 1.5 miles east of the Whitewater River and will not be able to directly channel flows to
this facility.
Water Resources
Most of the Coachella Valley water supply, including that utilized by Tribal lands, draws from the
Whitewater Subbasin, which covers approximately 400 square miles. From 1973 to 1988, the subbasin
was recharged in the upper Coachella Valley by the Colorado River water brought west by Metropolitan
Water District Facilities.
These facilities pass through the northern portion of the valley. Drought conditions in California and the
Pacific Northwest in the past few years have caused the MWD to suspend the Coachella Valley's
allocation. Continued drought conditions over a prolonged period could significantly impact long-term
availability to recharge water. However, water already in storage has been estimated to be sufficient to
address the valley's needs for the next 100 to 200 years. The water resource in this subbasin has been
rated as "medium-hard, good quality".
Domestic water service is currently being supplied to Sections 19 and 30 by the City of Indio. Currently,
service for Section 32 is provided by the City of Coachella. The water service for Indian Sands, the Tribe's
housing development, will be supplied by future Tribal wells. Section 6 currently does not have domestic
water service. However, there are two production wells and six monitoring wells located on reservation
lands in Section 6. One of the production wells was drilled for the Colmac Energy Facility in the southern
portion of the section. It produces approximately 800 gal/min and is approximately 800 feet deep. The
other production well was drilled for the Ecology West Technology in the northwest corner of Section 6.
It is approximately 600 feet deep and produces approximately 600 gals/min. The monitoring wells are
located near the Ecology West facility and are all approximately 15 feet deep.
In Section 19, the Tribe has a well, approximately 400 feet deep that is currently supplying water for
construction purposes. It will probably be used for fire and safety purposes in the future.
Tribal Capability
I. Examples of previous general managerial experience and number of years, of the Cabazon Band
of Mission Indians include:
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a.
Cabazon Gaming Operations
b.
Cabazon Public Safety Department, includes both fire and police protection by 56 POST
certified officers
c.
The Indian Trading Center
d.
The Cahuilla Child Development Center
e.
The Players Restaurant
f.
Indian Sands Planned Community
g-
The Cabazon Cultural Museum
h.
Administration of numerous grants, including:
i. HUD Community Development Block Grant
ii. Dept. of Education Development Block Grant
iii. Aid to Native Americans Grant
iv. California Indian Manpower Consortium Grant
v. Aid to Tribal Government Grant
vi. Fire Protection Grant
vii. US Department of Commerce Economic Development Grant
II.
Examples of existing environmental or public health/safety programs administered by the Tribe:
a.
The Tribal Services Department coordinates all aspects of health, education,
employment and housing for Tribal members.
b.
The Tribe acts as the financial equivalent of the California EPA, regulating and
monitoring industries on Tribal lands, including:
i. The Colmac Mecca biomass power plant
ii. Ecology West Technology soil remediation project
iii. DDH Enterprises fertilizer manufacturing
iv. Indian Sands Housing Development
v. All Gaming Operations
vi. Cahuilla Child Care Center
vii. Metropolitan Theaters Outdoor Market
III.
Existing staff resources (attached):
a.
Chief Executive Officer
b.
Planning Director
c.
Director of Public Safety
d.
Associate Planner
e.
Operations Director
f.
Director, Cahuilla Child Development Center
g-
Marketing Director
h.
Director, Tribal Services Department
i.
Code Enforcement Officer
j-
Controller
k.
Assistant Controller
1.
Environmental Consultant
In addition, the Tribal Administration has a support staff of nineteen people.
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The Tribe has identified the following as a potential inventory of individuals and organizations
that could provide the necessary technical capability for a water quality assessment/pollution
control program. We intend to enter into an agreement with one or more of the following
should CWA §106 funds become available.
a. U.S. Geological Survey
b. Environmental Consultant
c. Soil Conservation Services
d. U.S. EPA Office of Pacific Island and Native American Programs
e. U.S. EPA Office of Underground Storage Tanks, Region 9
7. Tribal accounting and procurement systems.
The Tribe's general accounting system is maintained by four Tribal bookkeepers and a private
accounting firm. They handle all Tribal financial activities, including payroll, ledgers, accounts
payable and receivable and program disbursements, in compliance with federal accounting
regulations [2 CRF Part 200] and OMB Circular 87. The bookkeepers work with auditors to supply
documentation of all financial transactions. Tribal books are audited yearly by Walter Otto and
Associates. Please see Exhibits 13 and 14 for results of the separate [most recent] audits for the
Tribal Administration and for Tribal Gaming.
The Tribe's procurement system meets the requirements as described in federal regulations [2 CFR
Part 200],
8. Executive functions of the Cabazon Band of Mission Indians Tribal government are carried out the by
Tribal Chairperson. Legislative functions are carried out by the five-member Tribal Council/Business
Committee.
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Exhibit III: Ordinance Addressing CWA §504 Authority
Ordinance Prohibiting the Discharge of Any Pollutant into [Tribal Waters on
Tribal Trust] Land
The Tribal Council of the Big Lagoon Rancheria does hereby ordain as follows:
Section 1 - Findings and Declaration
The Tribal council for the Big Lagoon Rancheria finds and declares that:
1. It wishes to eliminate all discharges of pollutants into waters of the Big Lagoon Rancheria.
2. Elimination of all discharges of pollutants into waters of the Big Lagoon Rancheria is necessary at
this time in order to maintain water quality for consumption and other domestic purposes by
residences of the Rancheria.
3. This Ordinance is being enacted at this time as an emergency measure to maintain the quality of
the Rancheria waters until such time as the Big Lagoon Rancheria Tribal Council can enact a new
water ordinance comprehensively regulating water quality and discharge of pollutants on the
Rancheria.
ection 2 - Prohibited Discharges
No person shall discharge any pollutant into the water of the Rancheria.
Section 3 - Definitions
For the purposes of this ordinance, the following words shall have the following meanings:
1. "Council" shall mean the Tribal Business Council of the Big Lagoon Rancheria.
2. "Person" shall mean any individual, corporation, firm, partnership, joint venture, association,
social club, estate, trust, the United States, Tribe, State, County, City, District, or other political
subdivision of any state or any other group or combination acting as a unit.
3. "Pollutant" means any substance that will alter the quality of the waters of the Rancheria.
4. "Quality of the water or water" means any chemical, physical, biological, bacteriological,
radiological and other properties and characteristics of water which affects its use.
5. "Rancheria" means all land, air, and water located within the exterior boundaries of the Big
Lagoon Rancheria or held in trust by the United States for the benefit of the Big Lagoon
Rancheria.
6. "Water or Waters" means any water, surface or underground located on or running through the
Rancheria.
Section 4 - Civil Penalty
Any person discharging any pollutant into the waters of the Rancheria shall pay a civil fine in an
amount not to exceed one thousand dollars ($1,000) for each day in which the violation occurs. The
civil fine required by this section shall be imposed by any court of competent jurisdiction in
accordance with sections 5 and 6 of this ordinance.
Section 5 - Clean Up and Abatement
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Any person that discharges any pollutant into the waters of the Rancheria shall immediately, but in any
case, not less than twenty-four (24) hours from the time of the discharge notify the Tribal Council of said
discharge and shall fully disclose to the Tribal Council any and all information regarding the discharge,
including but not limited to the type of pollutant discharged and any other information required by the
Tribal Council. Any person who discharges any pollutant into the water of the Rancheria shall be liable
for any and all costs associated with or necessary to clean up, abate or remove any pollutants from the
waters of the Rancheria and restore the quality of the waters of the Rancheria to their condition as they
existed immediately prior to the discharge.
Section 6 - Court Action and Injunctions
Upon failure of any person to comply with any of the provision of this Ordinance, the Tribal Council,
by and through its attorney, shall petition a court of a competent jurisdiction for the issuance of an
injunction requiring such a person to comply therewith. In any such suit, the court shall have
jurisdiction to grant a prohibitory or mandatory injunction, either preliminary or permanent, and to
levy such fines in accordance with Section 4 of the Ordinance, as the facts may warrant.
Section 7 - Emergency Enforcement
Notwithstanding any other provisions of this ordinance, the Tribal Council, upon receipt of evidence that
a pollution source or combination of sources is presenting an imminent and substantial endangerment
to the health of persons or to the welfare of persons where such endangerment is to the livelihood of
such persons, may bring suit on behalf of the tribe in any court of competent jurisdiction to immediately
restrain any person causing or contributing to the alleged pollution to stop the discharge of pollutants
causing or contribution to such pollution or to take such other action as may be necessary.
Section 8 - Effective Date
The Ordinance shall take effect immediately upon passage.
Certification
The foregoing Ordinance was passed at a Tribal Council meeting held on (date) by the following:
Vote: For Against Abstain
(Authorized Signature) (Authorized Signature)
Tribal Chairman Tribal Secretary
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Exhibit IV: Contingency Plan to Implement Authority Comparable to
CWA §504
Contingency Plan Implementing Tribal Authority over Tribal Waters on Tribal Trust Lands
I: Purpose
To qualify for treatment as a state under the federal Clean Water Act, Environmental Protection Agency
rules require that the tribe exercise emergency powers comparable to those granted the EPA
Administrator under CWA Section 504 (54 Fed. Reg. 14358 (Interim Revision of 40 C.F.R. §35.260(b)) and
have adequate contingency plans to implement such authority. This plan sets forth a statement of
emergency tribal authority and the tribe's implementing contingency plans.
II: Emergency Powers
Section 7 of the Big Lagoon Rancheria Ordinance Prohibiting Discharge of Any Pollutant into the Waters
of Reservation Lands establishes authority in the Tribal Council that is equivalent to that of the power
granted the EPA Administrator under the Clean Water Act. Section 7 provides as follows:
SECTION 7 - EMERGENCY ENFORCEMENT
"Notwithstanding any other provisions of this ordinance, the Tribal Council, upon receipt of
evidence that a pollution source or combination of sources is presenting an imminent and
substantial endangerment to the health of persons or to the welfare of persons where such
endangerment is to the livelihood of such persons, may bring suit on behalf of the tribe in any
court of competent jurisdiction to immediately restrain any person causing or contributing to
the alleged pollution to stop the discharge of pollutants causing or contribution to such
pollution or to take such other action as may be necessary."
Ill: Contingency Plan
Since all lands subject to tribal regulation under the tribe's Ordinance are trust lands, the Tribe may
exercise both regulatory authority, and authority as beneficial owners of the land and resources at issue.
Discharge of prohibited pollutants in or on tribal territory, in addition to violating tribal standards
subjecting a violator to civil penalties, is unlawful and an unauthorized use of tribal resources and thus
may be immediately restrained.
The Tribal Council, upon receipt of evidence that a pollution source or combination of sources is
presenting an imminent and substantial endangerment to the health of persons or to the welfare of
persons where such endangerment is to the livelihood of such persons, by and through its attorney,
shall petition a court of a competent jurisdiction for the issuance of an injunction to immediately
restrain any person causing or contributing to the alleged pollution to stop the discharge of pollutants
causing or contribution to such pollution or to take such other action as may be necessary.
The Tribal Council, by and through its attorney, shall select a judicial forum in which to petition for
injunctive relief according to the following priorities:
1. The forum's jurisdiction over all parties to dispute is certain.
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FAE Handbook Updated: 11/2022
2. A clear and definite mechanism is available to enforce the court's orders protecting the
water resource.
3. Tribal law will be applied.
Certification:
The foregoing Ordinance was passed at a Tribal Council meeting held on (date) by the following:
Vote: For Against Abstain
(Authorized Signature) (Authorized Signature)
Tribal Chairman Tribal Secretary
CWA §504 Emergency Powers
CWA § 504: "Notwithstanding any other provisions of this Act, the Administrator upon receipt of
evidence that a pollution source or combination of sources is presenting an imminent and substantial
endangerment to the health of persons or to the welfare of persons where such endangerment is to the
livelihood of such persons, such as the inability to market shellfish, may bring suit on behalf of the
United States in the appropriate district court to immediately restrain any person causing or
contributing to the alleged pollution to stop the discharge of pollutants causing or contributing to such
pollution or to take other such actions as may be necessary."
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FAE Handbook Updated: 11/2022
Exhibit V: Sample CWA §319 FAE Application Submittal Letter
March 1, 2022
EPA Region 9 Regional Administrator3
Cc: WTR 3-1 Manager
U.S. Environmental Protection Agency, Region 9 (WTR-3-1)
75 Hawthorne Street
San Francisco, California 94105-3901
Dear Sir or Madam:
This letter and enclosures constitute the Stovell Indian Tribe's application for Financial Assistance
Eligibility (FAE) for the Nonpoint Source Control Program under the Clean Water Act's (CWA) Section
319.
As you are aware, the CWA requires the following criteria to be met with respect to FAE approvals:
1. The Indian Tribe is Federally recognized by the Secretary of the Interior and exercises
governmental authority over a Federal Indian Reservation.
2. The Indian Tribe is a governing body carrying out substantial governmental duties and powers.
3. The functions to be exercised by the Indian Tribe pertain to the management and protection of
water resources which are held by an Indian Tribe, held by the United States in trust for Indians,
held by a member of an Indian Tribe, if such property interest is subject to a trust restriction on
alienation, or otherwise within the borders of an Indian reservation.
4. The Indian Tribe is reasonably expected to be capable, in the Administrator's judgment, of
carrying out the functions to be exercised in a manner consistent with the terms and purposes
of the Act and of all applicable regulations. The Tribe must demonstrate adequacy in the
following areas:
a. Previous or potential general managerial experience.
b. Existing environmental or public health programs administered by the Tribe in place.
c. Accounting and procurement systems of the Tribe in place.
d. The executive, legislative, and judicial functions of the Tribe in place.
e. Existing or proposed staff resources and stability and continuity of staff.
With respect to this application, criteria 1 through 4 were addressed in and satisfied by the Stovell
Indian Tribe's CWA Section 106 FAE application, which was approved by and is on file in your office.
Further, there have not been any changes with respect to the above since the time of our application's
approval."
To further demonstrate the fourth criterion, especially items (4)(e), the Stovell Indian Tribe has enclosed
the resumes and qualifications of [names of environmental programs staffjand of [name of
environmental consulting firm, if applicable] an environmental consulting firm, that together with our
3 The letter is addressed to the EPA Region 9 Regional Administrator. In addition, the application should be e-
mailed to :WA Project Officer.
* If the CWA Section 106 FAE application is not current or requires revision, the updated and revised
documents should be submitted with and described in the submittal letter.
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FAE Handbook Updated: 11/2022
own staff, will provide the technical and administrative capability for developing and managing a NPS
program.
If you have any questions regarding this letter or the enclosed materials, please call [EPA Project
Officer name and phone number]. We look forward to continued interaction with your staff concerning
the management and protection of the quality of our resources.
Sincerely,
(Authorized Signature)
President
List of enclosures:
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FAE Handbook Updated: 11/2022
Exhibit VI: EPA Tribal Contacts/Project Officers
Tribal Clean Water Section (WTR 3-1). EPA Region 9
Jason Brush, Supervisor (415) 972-3483
Staff
Contact Info
Region
Tribe
Danielle Angeles
(415) 972-3441
So. CA
Cahuilla, Morongo, San Manuel, Ramona, Santa Rosa Band,
Soboba
AZ
Havasupai, Hualapai, Hopi, Kaibab, Navajo Nation
Howard Kahan
(415) 972-3143
Central CA
Big Pine, Big Sandy, Bishop, Cold Springs, Ft. Independence,
Lone Pine, Owens Valley Indian Water Commission, Picayune,
Santa Rosa Rancheria, Table Mountain, Timbisha, Tule River,
Tuolumne, Utu Utu Gwaitu (Benton)
Licia Maclear
(415) 972-3161
So. CA
Campo, Jamul, La Posta, Los Coyotes, Manzanita, Mesa Grande,
Pala, Pauma, Pechanga, Rincon, Santa Ynez, Santa Ysabel, San
Pasqual, Viejas
Lawrence (Larry)
Maurin
(415) 972-3943
No. CA
Bridgeport
NV
Fallon, Walker River, Yerington, Moapa, Pyramid Lake, Washoe,
Yomba, Duck Valley, Duckwater, Goshute, South Fork, Summit
Lake
Kate Pinkerton
(415) 972-3662
No. CA
Big Valley, Cahto, Coyote Valley, Dry Creek, Elem, Graton,
Hopland, Kashia, Middletown, Pinoleville, Redwood Valley,
Robinson Rancheria, Sherwood Valley, Upper Lake
Amaya Simpson
(415) 972-33775
No. CA
Cedarville, Chicken Ranch, Fort Bidwell, Mechoopda,
Mooretown, Tuolumne
Peitzu (Phoebe)
Song
(415) 972-3303
No. CA
Buena Vista, Kletsel Dehe (Cortina), Pit River, Redding, Shingle
Springs, Susanville
Sofia Sotomayor
(415) 972-3585
So. CA
Agua Caliente, Augustine, Cabazon, Twenty-Nine Palms, Torres
Martinez, La Jolla, Los Coyotes, Santa Ysabel
Loretta Vanegas
Contact for 1st
Time Applicants
(415) 972-3433
No. CA
Bear River/Rohnerville, Big Lagoon, Blue Lake, Elk Valley, Hoopa
Valley, Karuk, Klamath Consortium, Quartz Valley, Resighini,
Round Valley, Tolowa Dee-ni', Trinidad, Wiyot/Table Bluff,
Yurok
AZ
San Carlos, White Mountain Apache
Kelli Williams
(415) 972-3434
Williams.kelli.m(®eDa
*
¦ gov
AZ
Ak-Chin, Gila River, Fort McDowell, Salt River, Chemehuevi,
Colorado River Indian Tribes (CRIT), Fort Mojave, Cocopah,
Quechan, Tohono O'odham, Yavapai-Apache, Yavapai-Prescott
* Note: All e-mail addresses are lastname.firstname@epa.eov unless otherwise noted
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