Key Program Areas for Developing Tribal Clean Water Programs

When developing a water quality management program, tribes first need to develop the necessary expertise and skills to identify, address, and manage water quality issues. After building fundamental program capacities related to the Clean Water Act (CWA) and evaluating the type of water quality issues facing the community, tribes may consider undertaking efforts to establish water quality protection programs. For tribes that intend to establish water programs that are consistent with authorities under the Clean Water Act, the following are several key program areas that can be considered when planning, developing, and implementing a tribal water quality management program.

On this page: 

• Capacity Building for Developing Clean Water Programs
• Water Quality Monitoring and Assessment
• Water Quality Standards
• Water Quality Certification under Clean Water Act Section 401
• Impaired Waters Identification and Listing & Total Maximum Daily Loads (TMDLs) Activities
• National Pollutant Discharge Elimination System (NPDES) Permitting
• Dredge and Fill Permitting
• Nonpoint Source Activities
• Wetland Protection and Restoration

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Capacity Building for Developing Clean Water Programs

EPA provides a number of resources to assist tribes in developing their capacity to develop tribal water programs.

Indian Environmental General Assistance Program (GAP)

The goal of EPA’s GAP is to assist tribes and intertribal consortia in developing the capacity to manage their own environmental protection programs. Learn more about Indian Environmental GAP.

Water Pollution Control (Section 106) Grant Program 

EPA supports a wide variety of tribal water pollution prevention and control programs and activities, including monitoring and assessing water quality, developing water quality standards, identifying impaired waters and TMDLs, managing NPDES permits, ensuring compliance, implementing enforcement actions, protecting source water, and managing outreach and education programs. The Section 106 program guidance for tribes assists water quality program managers, staff, and other tribal environmental decision makers in designing and implementing effective, successful water quality programs. Learn more about Tribal Grants under CWA Section 106.

Nonpoint Source (319) Grant Program

EPA offers grants and technical assistance through its Tribal 319 Grant Program to support tribal in implementing EPA-approved nonpoint source management programs  Learn more about Nonpoint Source Program.

Wetland Program Development Grant Program

EPA issues Wetland Program Development Gratns Program to assist state, tribal, and local government agencies and interstate/intertribal entities in building programs to protect, manage, restore wetlands and other aquatic resources. Learn more about Wetland Program Develpment Grants.

Water Quality Monitoring and Assessment 

Water quality monitoring is a crucial aspect to protecting water resources. Monitoring lakes, streams, rivers, and other types of water bodies helps determine water quality condition and is critical to help demonstrate progress and success in protecting and maintaining water quality on tribal lands.

Ambient Water Quality Tools

Contains resources such as WQX/STORET, EPA’s electronic data system for water quality monitoring data. Learn more about Ambient Water Quality Tools.

CWA Section 106 Guidance

Provides guidance on developing and implementing a monitoring program including developing monitoring strategies, managing electronic data and water quality assessment Learn More about CWA Section 106 Guidance. 

Water Quality Standards 

Water quality standards are the foundation of the water quality-based pollution control program mandated by the Clean Water Act. They define the goals for a waterbody by designating its uses, setting criteria to protect those uses, and establishing provisions such as antidegradation policies to protect water bodies from pollutants. To date, more than 70 of over 300 federally recognized tribes with reservations have completed the process of obtaining EPA’s approval to be treated in a manner similar to a state (TAS) and also adopted standards for their waters that EPA has approved.

Tribes and Water Quality Standards

Links to guidance and information on water quality standards applicable to Indian tribes. Learn more about Tribes and Water Quality Standards.

Water Quality Standards Tools for Tribes

Provides tools to assist tribes with the adoption of new or revised water quality standards. Learn more about Water Quality Standards Tools.

EPA Approvals of Tribal Water Quality Standards

Lists EPA approvals for tribes to administer a water quality standards (WQS) program and EPA’s approvals of those tribes’ WQS. Learn more about Tribal Water Quality Standards. 

Water Quality Certification Under Section 401 of the Clean Water Act 

Under section 401 of the Clean Water Act, a federal agency may not issue a permit or license to conduct any activity that may result in any discharge into waters of the United States unless a state or authorized tribe where the discharge would originate issues a section 401 water quality certification verifying compliance with existing water quality requirements or waives the certification requirement. To date, more than 69 tribes have been found eligible to administer certifications under Clean Water Act section 401. Some of the major federal licenses and permits subject to section 401 include:

• Section 402  permits issued by EPA and Section 404 permits issued by the Corps,
• Federal Energy Regulatory Commission hydropower licenses, and
• Rivers and Harbors Act Section 9 and 10 permits.

Learn more about CWA Section 401 Certification.

Impaired Waters Identification and Listing & Total Maximum Daily Loads (TMDLs) Activities

Under section 303(d) of the CWA, states, territories, and authorized tribes list impaired waters. These are waters for which technology-based regulations and other required controls are not stringent enough to meet the water quality standards set by states, territories, and authorized tribes. The CWA requires that states, territories, and authorized tribes: 1) develop lists of impaired waters; 2) establish priority rankings for waters on the lists; and 3) develop TMDLs for these waters. A TMDL is a calculation of the maximum amount of a pollutant that a water body can receive and still safely meet water quality standards. In 2016, EPA issued a final rule establishing regulatory procedures for eligible tribes to obtain treatment in a manner similar to a state (TAS) for the CWA Section 303(d) Impaired Water Listing and TMDL Program. To date, no tribes have received authorization for this program. Learn more about CWA Section 303(d).

TAS for Purposes of Section 303(d) of the Clean Water Act

Provides information about 303(d) list and TMDL development, along with technical resources for tribes  Learn more about TAS for CWA Section 303(d). 

National Pollutant Discharge Elimination System (NPDES) Permitting

EPA’s NPDES permit program helps address water pollution by regulating point sources that discharge pollutants into waters of the United States. States, tribes, and territories can be authorized by EPA to administer the NPDES program. To date, no tribes have received such authorization. EPA is the NPDES permitting authority in Indian country. Learn more about NPDES permit program.

Dredge and Fill Permitting 

Under section 404 of the Clean Water Act, a permit is required for the discharge of dredged or fill material into waters of the United States, including wetlands. States, tribes, and U.S. territories may request EPA approval to administer their own dredge and fill permitting program. To date, no tribes have requested such approval. For tribes that have not assumed section 404 of the CWA, the U.S. Army Corps of Engineers is the federal permitting authority. When the U.S. Army Corps of Engineers is the permitting authority, EPA is responsible for reviewing and providing comments on proposed section 404 permits and making Section 401 water quality certifications where tribes have not assumed the program. If a state is administering an approved program under CWA Section 404(g), the state is responsible for coordinating with eligible Tribes whose waters may be affected by a permit. Learn more about Tribal Assumption of CWA Section 404 Permit Program.

Nonpoint Source Activities 

Nonpoint source (NPS) pollution comes from many diffuse sources. It is caused by rainfall or snowmelt moving over and through the ground, which then picks up and carries away natural and human-made pollutants, depositing them into lakes, rivers, wetlands, coastal waters, and ground waters.

Tribal 319 Grant Program

EPA offers grants and technical assistance through its Tribal 319 Grant Program to support tribal environmental programs in assessing and managing their NPS problems and threats and to implement projects to address NPS pollution. Learn more about Tribal NPS Program.

Wetlands Protection and Restoration

Tribes play a critical role in the protection and management of wetlands, and many tribes have increased their role in wetlands protection and restoration by adopting a number of wetlands programs or tools. Learn more about wetlands protection and restoration. 

EPA’s Enhancing State and Tribal Programs (ESTP) Initiative

The goal of the ESTP Initiative is to enhance EPA's delivery of technical and financial support for state and tribal wetlands programs to help accelerate wetland program development on a national scale. Learn more about ESTP Initiative.