---
kind: "range"
citation: "40 C.F.R. §§ 35.710–35.715"
title: "40"
from: "35.710"
to: "35.715"
count: 4
url: "https://uscodex.org/cfr/40/35.710..35.715"
---

# §35.710. Purpose.

- (a) **Purpose of section.** [Sections 35.710 through 35.715](/cfr/40/35.710..35.715.md) govern Toxic Substances Compliance Monitoring grants to Tribes and Intertribal Consortia under [section 28](/cfr/40/28.md) of the Toxic Substances Control Act.
- (b) **Purpose of program.** Toxic Substances Compliance Monitoring grants are awarded to establish and operate compliance monitoring programs to prevent or eliminate unreasonable risks to health or the environment associated with chemical substances or mixtures on Tribal lands with respect to which the Administrator is unable or not likely to take action for their prevention or elimination.
- (c) **Associated program regulations.** Refer to 40 CFR parts [700](/cfr/40/part700.md) through [799](/cfr/40/part799.md) for associated program regulations.

# §35.712. Competitive process.


EPA will award Toxic Substances Control Act Compliance Monitoring grants to Tribes or Intertribal Consortia through a competitive process in accordance with national program guidance.


# §35.713. Eligible recipients.

- (a) The Regional Administrator will treat a Tribe or Intertribal Consortium as eligible to apply for a Toxic Substances Compliance Monitoring grant if the Tribe or each member of the Intertribal Consortium:
  - (1) Is recognized by the Secretary of the Interior;
  - (2) Has an existing government exercising substantial governmental duties and powers;
  - (3) Has adequate authority to carry out the grant activities; and,
  - (4) Is reasonably expected to be capable, in the Regional Administrator's judgment, of administering the grant program.
- (b) If the Administrator has previously determined that an Indian Tribe has met the prerequisites in paragraphs [(a)(1)](#a-1) and [(2)](#a-2) of this section for another EPA program, the Tribe need provide only that information unique to the Toxic Substances Compliance Monitoring grant program required by paragraphs [(a)(3)](#a-3) and [(4)](#a-4) of this section.

# §35.715. Maximum federal share.


The Regional Administrator may provide up to 75 percent of the approved work plan costs.