[Federal Register: May 2, 2003 (Volume 68, Number 85)]
[Notices]
[Page 23458-23461]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02my03-48]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-7479-8]
Guidelines on Awarding Section 319 Grants to Indian Tribes in FY
2003
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of availability.
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SUMMARY: EPA has developed guidelines for awarding Clean Water Act
section 319 nonpoint source grants to Indian tribes in FY 2003. As has
been the case for the past three fiscal years, Congress has authorized
EPA to award nonpoint source pollution control grants to Indian tribes
under section 319 of the Clean Water Act in FY 2003 in an amount that
exceeds the statutory cap (in section 518(f) of the Clean Water Act) of
\1/3\ percent of the total section 319 appropriation. These guidelines
are intended to assist all tribes that have approved nonpoint source
assessments and management programs and also have ``treatment-as-a-
state'' status to receive section 319 funding to help implement those
programs. The guidelines describe the process for awarding base funding
to tribes in FY 2003, including submissions of proposed work plans. The
guidelines also describe the process and schedule to award additional
funds for selected watershed projects for FY 2003 funding, including
submissions of watershed
[[Page 23459]]
project summaries and the selection criteria for funding watershed
projects.
DATES: The guidelines are effective May 2, 2003.
ADDRESSES: Persons requesting additional information or a complete copy
of the document should contact Ed Drabkowski at (202) 566-1198;
drabkowski.ed@epa.gov; or U.S. Environmental Protection Agency (4503T),
1200 Pennsylvania Avenue, NW., Washington, DC 20460.
FOR FURTHER INFORMATION CONTACT: Persons requesting additional
information or complete copy of the document should contact Ed
Drabkowski at (202) 566-1198; drabkowski.ed@epa.gov; or U.S.
Environmental Protection Agency (4503T), 1200 Pennsylvania Avenue, NW.,
Washington, DC 20460. The complete text of today's guidelines is also
available on EPA's Internet site on the Nonpoint Source Control Branch
homepage at http://www.epa.gov/owow/nps.
SUPPLEMENTARY INFORMATION: The full text of the Guidelines on Awarding
Section 319 Grants to Indian Tribes in FY 2003 is published below.
Dated: April 3, 2003.
Diane C. Regas,
Director, Office of Wetlands, Oceans, and Watersheds.
Memorandum
Subject: Guidelines on Awarding Section 319 Grants to Indian Tribes
in FY 2003.
From: Diane C. Regas, Director, Office of Wetlands, Oceans and
Watersheds.
To: EPA Regional Water Division Directors, Regional Tribal
Coordinators/Program Managers, Tribal Caucus, EPA Tribal Operations
Committee.
I am very pleased to report that Congress has, for the fourth
year in a row, authorized EPA to award nonpoint source (NPS)
pollution control grants to Indian tribes under Section 319 of the
Clean Water Act (``CWA'') in FY 2003 in an amount that exceeds the
statutory cap (in Section 518(f) of the CWA) of 1/3 percent of the
total 319 appropriation. This will enable all of the tribes that
have approved NPS assessments and management programs and
``treatment-as-a-State'' (``TAS'') status (hereinafter referred to
as ``approved tribes'') by January 8, 2003, to be eligible to
receive Section 319 funding to help implement those programs.
The repeated allowance of increased funding for tribal NPS
programs in FY 2003 reflects Congress' continuing recognition that
Indian tribes need and deserve increased financial support to
implement NPS programs that address critical water quality concerns
on tribal lands. EPA shares this view and will continue to work
closely with the tribes to assist them in developing and
implementing effective tribal NPS pollution programs. To date, EPA
has already approved 70 tribal NPS management programs, covering
more than 35 million acres of land (representing more than 71
percent of all Indian country), and we expect to approve additional
programs in FY 2003.
As was the case last year, the new authorization to exceed \1/3\
percent applies only to the current year (FY 2003). As in the past,
EPA will work with the tribes to continue to demonstrate that
increased Section 319 funds for tribes can be used effectively to
achieve water quality improvement. We were pleased by the high
quality of the tribes' work plans that formed the basis of the
grants awarded to tribes in FY 2002, which included base grants
awarded to sixty-one (61) tribes as well as grants for specific
watershed projects awarded to thirty (30) tribes through a
competitive process. We believe that the tribes and EPA succeeded in
directing the FY 2002 grants towards high-priority activities that
will produce on-the-ground results that provide improved water
quality. We believe that this success warrants continued substantial
investment of Section 319 grant dollars in FY 2003 to address the
extensive NPS control needs throughout Indian country, as discussed
below. In recognition of this fact, we are once again awarding a
total of $6,000,000 to tribes for FY 2003.
Summary of Process for FY 2003 Grants to Tribes
In FY 2003, we will set aside $6,000,000 for tribal nonpoint
source grants. This amount is based on the same three factors as
were used last year:
1. We will continue to support all eligible tribes with base
grants.
2. We will award base funding to eligible tribes as follows:
a. $30,000 in base funding will be awarded to eligible tribes
whose land area is less than 1,000 square miles (640,000 acres).
b. $50,000 in base funding will be awarded to eligible tribes
whose land area is greater than 1,000 square miles (640,000 acres).
3. We will award the remaining funds to eligible tribes through
a competitive process to support the implementation of priority
watershed projects.
Detailed Discussion of Process for FY 2003 Grants to Tribes
1. Base Funding
Each tribe that has an approved nonpoint source assessment and
management program (and TAS status) as of January 8, 2003, will
receive base funding based on the following land area scale:
------------------------------------------------------------------------
Base
Square miles (acres) amount
------------------------------------------------------------------------
Less than 1,000 sq. mi. (less than 640,000 acres)............. $30,000
Over 1,000 sq. mi. (over 640,000 acres)....................... 50,000
------------------------------------------------------------------------
The land area scale is the same as used last year. EPA is
continuing to rely upon land area as the deciding factor for a
cutoff because NPS pollution is strongly related to land use; thus
land area is a reasonable criterion that generally is highly
relevant to identifying tribes with the greatest needs (recognizing
that many tribes have needs that significantly exceed available
resources).
The base funding as outlined above may be used for a range of
activities that implement the tribe's approved NPS management
program, including hiring a program coordinator; conducting nonpoint
source education programs; providing training; and implementing,
alone or in conjunction with other agencies or other funding
sources, on-the-ground watershed projects. In general, this base
funding should not be used for assessment activities.
Each tribe that requests base funding must submit to the
appropriate EPA Regional office a proposed work plan that conforms
to applicable legal requirements (see 40 CFR 35.505 and 35.507) and
is consistent with the tribe's approved nonpoint source management
program. This proposed work plan should clearly describe each
significant category of activity to be funded; the roles of any
Federal, local, or other partners in completing each activity; the
schedule and budget for implementing funded activities; and the
outputs to be produced by performance of the activity. Outputs of
activities should be quantified; results of projects should be
measurable and indicators to do so clearly stated. Tribes should
submit their proposed work plans to their appropriate Regional
office by January 15, 2003. If a tribe does not submit an approvable
proposed work plan by that date, its allocated amount will be added
to the competitive pool, discussed immediately below, which will be
used to fund tribal NPS program and watershed project priorities.
Regions should work with the tribes to expeditiously award the
base grants. However, if the tribe will be awarded additional funds
to implement a watershed project, as discussed below, the tribe or
the Region may prefer combining the formal process for submission of
the final application for both the base and competitive funds.
Regions should confer with their tribes and endeavor to proceed in a
manner and on a schedule that is most compatible with the tribes'
and Regions' needs and preferences.
2. Competitive Funding: Process and Schedule To Select Watershed
Projects for FY 2003 Funding
The remaining funds will be awarded to tribes that have approved
nonpoint source management programs as of January 8, 2003, on a
competitive basis to provide funding for on-the-ground nonpoint
source watershed projects that are designed to achieve additional
water quality improvement. Each selected project will be eligible to
receive up to $150,000, depending on the demonstrated need. The
funds will be awarded using the process described below.
a. Watershed Project Review Committee
As we did for the FY 2002 grants, EPA will establish a Watershed
Project Review Committee comprised of nine EPA staff, including
three EPA Regional Nonpoint Source Coordinators, three EPA Regional
Tribal Coordinators, two staff members of the Nonpoint Source
Control Branch, and one staff member of the American Indian
Environmental Office. The committee will
[[Page 23460]]
then make funding decisions in accordance with the process described
below.
b. Watershed Project Summaries
Tribes that have approved NPS assessments and management
programs as well as TAS status as of January 8, 2003, are invited to
apply for watershed project funding by submitting watershed project
summaries for proposed projects up to a maximum budget of $150,000.
(This funding is in addition to the base funding that each approved
tribe will receive, as described above.) Tribes that apply for
funding for watershed projects should submit a brief (e.g., 3-5
pages) summary of a watershed project implementation plan by January
15, 2003, to the appropriate EPA Regional office for initial
screening. (Complete grant applications should not be submitted
until after projects are selected, pursuant to review by the
Watershed Project Review Committee, as described below.) The
Regional office will, by January 29, 2003, forward the proposals
that meet the required criteria to EPA Headquarters for distribution
to the Watershed Project Review Committee. (E-mail versions would be
appreciated where possible because they can be shared among the
reviewers most rapidly and easily.)
The watershed project summary should outline the nonpoint source
pollution problem and the on-the-ground improvement to be addressed;
the project's goals and objectives and the expected water quality
benefit to the receiving waterbody; the lead implementing agency
(either the tribe or another organization authorized by the tribe to
be the project leader) and other agencies that will be authorized to
expend project funds; the types of best management practices or
measures that will be implemented; the projected implementation
schedule; the project's budget items including construction costs;
and the environmental performance measures that will be used to
evaluate the success of the project. Each watershed plan summary
should be clearly written with enough detail to show why the
proposed project should be selected for competitive funding. This is
critical to help ensure that the best projects are funded.
c. Selection Criteria for Funding Watershed Projects
In ranking the projects, each reviewer on EPA's Watershed
Project Review Committee will consider the extent to which the
following factors are present in each project.
1. The watershed plan summary includes a clear and specific
identification of the on-the-ground improvement project and the
water quality problem to be addressed, including the pollutants of
concern and their sources (including critical areas to be treated,
if known), and clearly describes the project to be constructed or
installed.
2. Where relevant, the watershed project consists of
implementation actions or load calculations that are intended to
help restore an impaired waterbody for which an approved nonpoint
source total maximum daily load (NPS TMDL) has been developed or the
NPS components of mixed-source TMDLs. [Note: EPA recognizes that
most tribes have not yet developed NPS TMDLs. However, section 319
funding may be used to develop and implement approved NPS TMDLs for
any 303(d) listed waterbody. Where a tribe has developed a relevant
water quality standard and NPS TMDL and seeks section 319 funding to
assist in the implementation of the NPS TMDL, that should be
considered by reviewers to be a relevant factor supporting the
funding request.]
3. The proposed project is listed as a priority implementation
project in the tribal NPS management program.
4. The proposed project is designed to include cooperation and/
or combination of resources with other agencies and other parties to
provide additional technical and/or financial assistance to the
project.
5. The watershed plan summary includes a clear and objective
statement of the project's goals and objectives, in terms of
controlling nonpoint sources and/or of improving/protecting water
quality.
6. The summary identifies the best management practices or
measures to be implemented and the location where these measures and
practices will be implemented.
7. The summary outlines the construction cost of the project and
the amount of section 319 grant dollars that are requested, not to
exceed $150,000. Please note that a 40-percent non-Federal match is
also required. However, pursuant to section 35.635(b), EPA's
Regional Administrator may increase the maximum Federal share if the
tribe or intertribal consortium can demonstrate in writing to the
satisfaction of the Regional Administrator that fiscal circumstances
within the tribe or within each tribe that is a member of the
intertribal consortium are constrained to such an extent that
fulfilling the match requirement would impose undue hardship. In no
case will the Federal share be greater than 90 percent.
8. The summary includes an implementation schedule.
9. The summary includes a statement of how the project will be
evaluated to determine its success and to derive lessons that will
assist the tribe (and other tribes) in future projects.
d. Award of Grants for Tribal Watershed Projects
(i) Award Decisions
The Watershed Project Review Committee will hold a conference
call by February 12, 2003, to ensure that all Committee members
fully understand and agree on how to objectively apply the criteria
discussed above. Rankings will be developed by considering all of
the factors as a whole, in accordance with a weighting system to be
decided upon by the Committee.
By March 12, 2003, the Committee will compile the ranking of
proposed watershed projects based on the selection criteria and then
forward their rankings to the Nonpoint Source Control Branch at EPA
Headquarters. Headquarters will tally the Committee's rankings and
then hold a conference call to provide a final opportunity for
members of the Review Committee to discuss the rankings among
themselves. By March 19, 2003, EPA will select the highest ranked
proposals and announce to the Regions which tribes' watershed
projects have been selected for funding. These tribes will be
notified immediately by phone or e-mail, with a written letter to
follow.
(ii) Final Work Plans/Full Grant Applications
Once a Region and tribe have been notified of the amount that
will be awarded to the tribe, they will negotiate a final work plan
consistent with 40 CFR 35.507. After making appropriate changes, the
tribe must submit a final work plan to the Region by March 31, 2003.
If a tribe fails to or is unable to submit an approvable work plan
by March 31, 2003, the Section 319(h) grant will instead be awarded
to the next highest ranking unfunded application. Regions should
endeavor to finalize the grant awards no later than 60 days after
receipt of a complete grant application with an approvable work
plan.
(iii) Match Requirements
The match requirement for Section 319 competitive grants is 40
percent of the approved work plan costs. The match requirement for
Section 319 base grants is also 40 percent unless included as part
of an approved Performance Partnership Grant which sets the match
requirement at 5 percent of the allowable cost of the work plan
budget for base funding only. Both the base funding and competitive
funding components are discussed above. In general, consistent with
40 CFR 31.24, the match requirement may be satisfied by allowable
costs borne by non-Federal grants, by cash donations from non-
Federal third parties, or by the value of third party in-kind
contributions.
EPA's regulations also provide that EPA may decrease the match
requirement to as low as 10 percent if the tribe can demonstrate in
writing to the Regional Administrator that fiscal circumstances
within the tribe or within each tribe that is a member of the
intertribal consortium are constrained to such an extent that
fulfilling the match requirement would impose undue hardship. (See
40 CFR 35.635.)
In making grant awards to tribes that provide for a reduced
match requirement, Regions should include a brief finding that the
tribe has demonstrated that it does not have adequate funds to meet
the required match.
Intertribal Consortia
Some tribes have formed intertribal consortia to promote
cooperative work. An intertribal consortium is a partnership between
two or more tribes that is authorized by the governing bodies of
those tribes to apply for and receive assistance under this program.
(See 40 CFR 35.502.) The intertribal consortium is eligible only if
the consortium demonstrates that all its members meet the
eligibility requirements for the Section 319 program and authorize
the consortium to apply for and receive assistance in accordance
with 40 CFR 35.504. An intertribal consortium must submit to EPA
adequate documentation of the existence of the partnership and the
authorization of the consortium by its members to apply for and
receive the grant. (See 40 CFR 35.504.)
[[Page 23461]]
Technical Assistance to Tribes
In addition to providing NPS funding to tribes, EPA remains
committed to providing continued technical assistance to tribes in
their efforts to control nonpoint source pollution. During the past
several years, EPA has presented many workshops to tribes throughout
the United States to assist them in developing: (1) Nonpoint source
assessments to further their understanding of nonpoint source
pollution and its impact on water quality; (2) nonpoint source
management programs to apply solutions to address their nonpoint
source problems; and (3) specific projects to effect on-the-ground
solutions. The workshops also have provided information on related
EPA and other programs that can help tribes address nonpoint source
pollution, including the provision of technical and funding
assistance. EPA intends to continue providing NPS workshops to
interested tribes around the United States in FY 2003 and to provide
other appropriate technical assistance as needed.
Non-Tribal Lands
The following discussion explains the extent to which Section
319(h) grants may be awarded to tribes for use outside the
reservation. We discuss two types of off-reservation activities: (1)
Activities that are related to waters within a reservation, such as
those relating to sources upstream of a waterway entering the
reservation, and (2) activities that are unrelated to waters of a
reservation. As discussed below, the first type of these activities
may be eligible; the second is not.
1. Activities That Are Related to Waters Within a Reservation
Section 518 (e) of the CWA provides that EPA may treat an Indian
tribe as a State for purposes of Section 319 of the CWA if, among
other things, ``the functions to be exercised by the Indian tribe
pertain to the management and protection of water resources which
are * * * within the borders of an Indian reservation.'' 33 U.S.C.
1377 (e)(2). EPA already awards grants to tribes under Section 106
of the CWA for activities performed outside of a reservation that
pertain to reservation waters, such as evaluating impacts of
upstream waters on water resources within a reservation. Similarly,
EPA has awarded section 106 grants to States to conduct monitoring
outside of state borders. EPA has concluded that grants awarded to
an Indian tribe pursuant to Section 319(h) may similarly be used to
perform eligible Section 319(h) activities outside of a reservation
if: (1) The activity pertains to the management and protection of
waters within the reservation, and (2) just as for on-reservation
activities, the tribe meets all other applicable requirements.
2. Activities That Are Unrelated to Waters of a Reservation
As discussed above, EPA is authorized to award Section 319(h)
grants to tribes to perform eligible Section 319(h) activities if
the activities pertain to the management and protection of waters
within a reservation and the tribe meets all other applicable
requirements. In contrast, EPA is not authorized to award Section
319(h) grants for activities that do not pertain to waters of a
reservation. For off-reservation areas, including ``usual and
accustomed'' hunting, fishing, and gathering places, EPA must
determine whether the activities pertain to waters of a reservation
prior to awarding a grant.
Milestones Summary
Date for Tribes to be Eligible for 319 Grants--January 8, 2003
Tribes Submit Base Grant Work Plans to Region--January 15, 2003
Tribes Submit Competitive Grant Proposals to Region--January 15,
2003
Region Forwards Proposals to Headquarters--January 29, 2003
Review Committee Discusses Proposals--February 12, 2003
Review Committee Forwards Ranking Scores to HQ--March 12, 2003
Headquarters Notifies Regions/Tribes of Selections--March 19, 2003
Tribes Submit Final Grant Application to Region--March 31, 2003
Statutory and Regulatory Requirements
All Section 319(h) grants will be awarded and administered
consistent with the statutory requirements in Sections 319(h) and
518(e) of the Clean Water Act and applicable regulations in 40 CFR
parts 31 and 35.
Conclusion
By once again lifting the \1/3\ percent statutory cap in FY
2003, Congress has continued to provide the tribes and EPA with an
excellent opportunity to further tribal efforts to reduce nonpoint
pollution and enhance water quality on tribal lands. EPA looks
forward to working closely with the tribes to assist them in
implementing effective nonpoint source programs in FY 2003 and
creating a sound basis to assure that adequate funds will continue
to be provided in the future.
If you have any questions, please do not hesitate to call me or
have your staff contact Ed Drabkowski at (202) 566-1198 (or by e-
mail at drabkowski.ed@epa.gov).
cc: Carol Jorgensen, Director, American Indian Environmental Office,
EPA
Jeff Besougloff, AIEO
Jerry Pardilla, National Tribal Environmental Council
Billy Frank, Northwest Indian Fisheries Council
Don Sampson, Columbia River Intertribal Fish Commission
James Schlender, Great Lakes Indian Fish and Wildlife Commission
All Tribes that have an approved Nonpoint Source Management Program
Regional Water Quality Branch Chiefs
Regional Nonpoint Source Coordinators
[FR Doc. 03-8828 Filed 5-1-03; 8:45 am]
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