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Tentative FY2005 EPA Regional Tribal Program Support Grant Allotments

EPA awards annual grants to the nine EPA Regional offices with direct implementation responsibility in Indian country for assistance in carrying out the Public Water System Supervision (PWSS) program in Indian country.

The tentative amount of funding available in FY2005 is $6,764,500.

Background

The 1986 Amendments to the Safe Drinking Water Act (SDWA) allowed Indian tribes to be treated as States, and assume primary enforcement responsibility, for the programs directed by the SDWA. Federal Regulations specifying how grant provisions would be applied were published on September 26, 1988, and included a provision that EPA could reserve “up to three percent” of the Public Water System Supervision (PWSS) program grant funds to implement the PWSS program on Indian Lands. EPA began reserving funds under this provision in FY1988. The funds were available for three purposes: grants to a tribe that had received PWSS Primary Enforcement Authority (Primacy grants); development grants to a tribe that was seeking Primacy; and to assist EPA’s Regional offices in directly implementing the PWSS program on tribal lands in the absence of a delegated tribal Primacy program. To date, the Navajo Nation is the only Indian tribe to have sought and received program primacy.

In FY1998, EPA requested and received an increase in the PWSS appropriation, specifically to help tribes to build the capacity to eventually operate their own PWSS Primacy programs. In 2001, the regulations were modified to increase the allowed tribal reserve from 3 percent to a maximum of 7 percent. In 2002, EPA issued general guidance on the use of the entire tribal reserve. The general guidance specified that each year, EPA would release annual guidance that would identify the allotments for that year and would provide guidance and direction on the use of the funds for that specific year.

Method of Allotment

Funds appropriated each year are allotted, by formula, on the basis of tribal population (20%) as contained in the most currently available Census Bureau information; tribal land area (10%) as contained in the most currently available Census Bureau information; the number of community and non-transient non-community water systems located within tribal land area boundaries (56%) and the number of transient non-community water systems located within tribal land area boundaries (14%); all water system inventories being provided by the Regional Offices to EPA's Federal database SDWIS/FED. No Region’s allotment shall be less than 95 percent of its prior year allotment.

Allotments for FY2005

A total of $6,764,500 is tentatively available to support PWSS program activities on tribal lands for FY2005. This amount is 6.436% of the total FY05 PWSS budget request of $105,100,000.

The national and Regional proposed target allotments for FY2005 are:

Direct Impl Operator Cert 1420 Cap Dev 1453 SWAP DWIG TSA Regional Totals *
1



2



4



5



6



7



8



9



10

$60,600



$60,600



$128,200



$391,800



$335,800



$60,600



$584,800



$1,009,300



$397,700

$18,600



$18,600



$36,800



$96,600



$104,200



$18,600



$139,200



$402,100



$95,300

$18,600



$18,600



$36,100



$94,400



$109,600



$18,600



$134,600



$407,700



$91,800

$18,600



$18,600



$36,100



$94,400



$109,600



$18,600



$134,600



$407,700



$91,800

$6,400



$6,500



$10,300



$17,900



$26,200



$7,100



$25,100



$90,300



$110,200

$122,800



$122,800



$246,700



$694,800



$685,700



$123,700



$1,026,500



$2,315,100



$781,300

**Note - the Regional totals shown here do not include the Primacy, DITCA, and ANV support described in Section B.

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