40 CFR §35.168

1. (a)The Regional Administrator may award section 106 funds to a State only if:
   1. (1)The State monitors and compiles, analyzes, and reports water quality data as described in section 106(e)(1) of the Clean Water Act;
   2. (2)The State has authority comparable to that in section 504 of the Clean Water Act and adequate contingency plans to implement such authority;
   3. (3)There is no federally-assumed enforcement as defined in section 309(a)(2) of the Clean Water Act in effect with respect to the State agency;
   4. (4)The State's work plan shows that the activities to be funded are coordinated, as appropriate, with activities proposed for funding under sections 205(g) and (j) of the Clean Water Act; and
   5. (5)The State filed with the Administrator within 120 days after October 18, 1972, a summary report of the current status of the State pollution control program, including the criteria used by the State in determining priority of treatment works.
2. (b)The Regional Administrator may award section 106 funds to an interstate agency only if:
   1. (1)The interstate agency filed with the Administrator within 120 days after October 18, 1972, a summary report of the current status of the State pollution control program, including the criteria used by the State in determining priority of treatment works.
   2. (2)There is no federally-assumed enforcement as defined in section 309(a)(2) of the Clean Water Act in effect with respect to the interstate agency.