WIIN Act Section 2104: Small, Underserved, and Disadvantaged Communities Grant Program
Section 2104 of the Water Infrastructure Improvements for the Nation (WIIN) Act establishes the Small, Underserved, and Disadvantaged Communities (SUDC) grant to award funding to states, territories, and tribes to assist public water systems in meeting Safe Drinking Water Act (SDWA) requirements. Information about administration of the Tribal SUDC Grant Program is below. For information about the funds available to states and territories, see the State SUDC Grant Program webpage.
In this section:
- Background
- Eligible Applicants
- Eligible Projects
- How to Apply
- Historical Funding
- Additional Resources
Background
The grant program is established as a non-competitive program and designed to help public water systems in underserved communities meet and comply with Safe Drinking Water Act (SDWA) requirements. This program provides assistance to underserved communities that have no household drinking water or wastewater services or are served by a public water system that violates or exceeds any Maximum Containment Level, treatment technique, or action level.
Funding under this program supports drinking water projects and activities in underserved and small communities that are unable to finance projects to comply with drinking water regulations under the SDWA. Additionally, the grant funding aids communities in managing drinking water concerns through household water quality testing, including testing for unregulated drinking water contaminants.
The EPA sought tribal comments and consultation on this grant program from Wednesday, February 20, 2019 through Friday, March 22, 2019. To initiate the process, EPA mailed letters to all tribal leaders to announce the initiation of consultation and provide background information about the grant and the consultation plan. EPA also hosted two informational webinars, which included the opportunity to submit comments. The informational webinars were hosted on March 6, 2019 and March 14, 2019, from 2:00 – 3:00 Eastern.
Eligible Applicants
Section 1459A of the Safe Drinking Water Act (SDWA), as amended by the 2016 Water Infrastructure Improvements for the Nation Act and the 2018 America’s Water Infrastructure Act, authorizes EPA to award grants to assist underserved, small and disadvantaged communities that are unable to finance activities needed to comply with SDWA, as well as respond to a drinking water contaminant.
As defined in SDWA section 1459A (emphasis added):
“(c) ELIGIBLE ENTITIES.—An eligible entity under this section—‘‘(1) is—‘‘(A) a public water system;
‘‘(B) a water system that is located in an area governed by an Indian Tribe; or‘‘(C) a State, on behalf of an underserved community; and ‘‘(2) serves a community—‘‘(A) that, under affordability criteria established by the State under section 1452(d)(3), is determined by the State— ‘‘(i) to be a disadvantaged community; or ‘‘(ii) to be a community that may become a disadvantaged community as a result of carrying out a project or activity under subsection (b); or ‘‘(B) with a population of less than 10,000 individuals that the Administrator determines does not have the capacity to incur debt sufficient to finance a project or activity under subsection (b).
This funding is coordinated through EPA regional offices to award projects and/or activities that meet the eligible requirements under SDWA §1459A, specifically prioritizing tribal communities.
Eligible Beneficiaries
This grant program makes assistance available to public water systems that serve tribal communities that are determined to be small (less than 10,000 individuals) as specified under the guidelines of the grant program.
As defined in SDWA §1459A:
‘‘(d) PRIORITY.—In prioritizing projects and activities for implementation under this section, the Administrator shall give priority to projects and activities that benefit underserved communities.
‘‘(e) LOCAL PARTICIPATION.—In prioritizing projects and activities for implementation under this section, the Administrator shall consult with and consider the priorities of States, Indian Tribes, and local governments in which communities described in subsection (c)(2) are located.”
Eligible Projects
Assistance under this program will support projects or activities that increase the technical, managerial, and financial capacity of a public water system and may include training, technical assistance, or infrastructure projects. Projects that receive assistance under this program may include and are not limited to:
- Investments necessary for a public water system to comply with the SDWA.
- Efforts that benefit a small or disadvantaged community on a per household basis.
- Programs to provide household water quality testing, including testing for unregulated contaminants.
- Activities necessary and appropriate to respond to a contaminant.
Funding under this program cannot be used for operation and maintenance purposes or for routine compliance monitoring. Please refer to the following implementation document for additional information.
Final Guidance for Tribal Assistance for Small and Disadvantaged Communities (pdf) (292.5 KB)
How to Apply
At this time many Regions are coordinating funding through federal partner collaborations via interagency agreements. Available funding vehicles for using the Small, Underserved, and Disadvantaged Communities grant can be carried out through:
- Contract as in-kind services
- Interagency Agreements (IAs)
- Direct Implementation Tribal Cooperative Agreements (DITCA)
- Direct Grants
- Cooperative Agreements
Applicants that are eligible may reach out to EPA Regional offices for additional information.
Historical Funding
EPA will distribute the national tribal allotment of the Grant Program, subject to Congressional appropriations, as an allocation to regions based upon the Drinking Water Infrastructure Grants Tribal Set Aside Program (DWIG-TSA) allocation formula. Regional offices will develop the procedures and schedule for annual selection of projects and activities, obligation of funds, or distribution of grants. For information on SUDC program funding allotments to EPA Regions, see:
- FY 2018 and FY 2019: View the allotment memo
EPA Announces Over $15M to the Indian Health Services to Improve Access to Drinking Water in Tribal Communities
On October 6, 2021, EPA announced $15.8 million in water infrastructure funding for projects that will improves access to safe drinking water for the Tuscarora Nation, the Navajo Nation, and the Alaska Native Villages of Tununak. This funding, which will be placed into interagency agreements between EPA and the Indian Health Service (IHS), will be used to boost public health protections by improving access to safe water for drinking, hygiene, and cooking.
EPA Announces $9 Million to Improve Access to Drinking Water in the Alaskan Native Villages
On April 28, 2021, the U.S. Environmental Protection Agency announces $9M to Alaska Native Villages to improve drinking water access in the villages of Tuluksak and Stebbins. These projects are funded under the Water Infrastructure Improvements for the Nation (WIIN) Act’s Assistance for Small and Disadvantaged Communities Grant program. The EPA will fund an award of $1.5 million to the Alaska Native village of Tuluksak, a community of approximately 360 people, which had its only source of potable drinking water destroyed in a fire earlier this year. The Agency will also fund an award $7.5 million to a project in Stebbins, AK, a community of approximately 650 people. The village currently does not have piped water or a wastewater system and, as a result, is forced to ration water usage. The funding initiates the objective of providing piped water service to the unserved homes in Stebbins. The water source and raw water line will provide service to the existing water treatment plant and washeteria. For the announcement of the award, go to the Press Release.