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Guidelines for Awarding Clean Water Act Section 319 Base Grants to Indian Tribes in FY 2006; Request for Proposals From Indian Tribes for Competitive Grants Under Clean Water Act Section 319 in FY 2006 (CFDA 66.460--Nonpoint Source Implementation Grants; Funding Opportunity Number EPA-OW-OWOW-06-2)
[Federal Register: January 17, 2006 (Volume 71, Number 10)] [Notices] [Page 2531-2543] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr17ja06-51] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY [FRL-8021-6] Guidelines for Awarding Clean Water Act Section 319 Base Grants to Indian Tribes in FY 2006; Request for Proposals From Indian Tribes for Competitive Grants Under Clean Water Act Section 319 in FY 2006 (CFDA 66.460--Nonpoint Source Implementation Grants; Funding Opportunity Number EPA-OW-OWOW-06-2) AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of guidelines for Section 319 Base Grants and Request for Proposals for Section 319 Competitive Grants. ----------------------------------------------------------------------- SUMMARY: This notice publishes EPA's national guidelines for the award of base grants and EPA's Request for Proposals (RFP) for the award of supplemental funding in the form of competitive grants under the Clean Water Act (CWA) section 319(h) nonpoint source (NPS) grants program to Indian Tribes in FY 2006. Section 319 of the CWA authorizes EPA to award grants to eligible Tribes for the purpose of assisting them in implementing approved NPS management programs developed pursuant to section 319(b). The primary goal of the NPS management program is to control NPS pollution through implementation of management measures and practices to reduce pollutant loadings resulting from each category or subcategory of NPSs identified in the Tribe's NPS assessment report developed pursuant to section 319(a). EPA intends to award a total of $7,000,000 to eligible Tribes which have approved NPS assessments and management programs and ``treatment-as-a-state'' (TAS) status as of October 14, 2005. EPA expects the allocation of funds will be similar to the amount distributed in FY 2005, which included approximately $2.8 million in base grants awarded to 84 Tribes and $4.2 million awarded to 31 Tribes through a competitive process. Section A includes [[Page 2532]] EPA's national guidelines which govern the process for awarding base grants to all eligible Tribes, and section B is the national RFP for awarding the remaining funds on a competitive basis. DATES: This notice is effective January 17, 2006. FOR FURTHER INFORMATION CONTACT: Stacie Craddock, Office of Wetlands, Oceans, and Watersheds, Assessment and Watershed Protection Division, telephone: (202) 566-1204; fax: (202) 566-1331, e-mail: craddock.stacie@epa.gov. Also contact the appropriate EPA Regional Tribal NPS Coordinator identified in section B.VII. SUPPLEMENTARY INFORMATION: Background For the seventh year in a row, Congress has authorized EPA to award NPS control grants to Indian Tribes in FY 2006 in an amount that exceeds the statutory cap (in section 518(f) of the CWA) of \1/3\ of 1 percent of the total section 319 appropriation. There is continuing recognition that Indian Tribes need increased financial support to implement NPS programs that address critical water quality concerns on Tribal lands. EPA will continue to work closely with the Tribes to assist them in developing and implementing effective Tribal NPS pollution programs. EPA was pleased by the quality of the Tribes' work plans that formed the basis of the grants awarded to Tribes in FY 2005, which included approximately $2.8 million in base grants awarded to 84 Tribes and $4.2 million awarded to 31 Tribes for specific watershed projects through a competitive process. We believe that the FY 2005 grants were directed towards high-priority activities that will produce on-the- ground results that provide improved water quality. We look forward to working with Tribes again in FY 2006 to implement successful projects addressing the extensive NPS control needs throughout Indian country. Guidelines for Awarding CWA Section 319 Base Grants to Indian Tribes in FY 2006 (See Section A Below) Section 319 of the CWA authorizes EPA to award grants to eligible Tribes for the purpose of assisting them in implementing approved NPS management programs developed pursuant to section 319(b). The primary goal of the NPS management program is to control NPS pollution through implementation of management measures and practices to reduce pollutant loadings resulting from each category or subcategory of NPSs identified in the Tribe's NPS assessment report developed pursuant to section 319(a). EPA will award section 319 base grants to eligible Tribes in the amount of $30,000 or $50,000 (depending on land area). Section 319 base funds may be used for a range of activities that implement the Tribe's approved NPS management program, including: Hiring a program coordinator; conducting NPS education programs; providing training and authorized travel to attend training; updating the NPS management program; developing watershed-based plans; and implementing, alone or in conjunction with other agencies or other funding sources, watershed- based plans and on-the-ground watershed projects. Request for Proposals From Indian Tribes for Competitive Grants Under Clean Water Act Section 319 in FY 2006 (See Section B Below) Overview Information: This RFP is issued pursuant to section 319(h) of the CWA. Section 319 of the CWA authorizes EPA to award grants to eligible Tribes for the purpose of assisting them in implementing approved NPS management programs developed pursuant to section 319(b). The primary goal of the NPS management program is to control NPS pollution through implementation of management measures and practices to reduce pollutant loadings resulting from each category or subcategory of NPSs identified in the Tribe's NPS assessment report developed pursuant to section 319(a). EPA has set aside a portion of section 319 funds appropriated by Congress for competitive grant awards to Tribes for the purpose of funding: (1) The development of watershed-based plans; and/or (2) the implementation of watershed projects that implement a watershed-based plan; and/or (3) the implementation of other watershed projects not implementing a watershed-based plan. Tribes are strongly encouraged to submit proposals that develop and/or implement watershed-based plans designed to protect unimpaired waters and restore NPS-impaired waters. EPA believes that watershed-based plans provide the best means for preventing and resolving NPS problems and threats. Watershed-based plans provide a coordinating framework for solving water quality problems by providing a specific geographic focus, integrating strong partnerships, integrating strong science and data, and coordinating priority setting and integrated solutions. EPA anticipates awarding approximately 30 competitive grants, subject to availability of funds and the quality of applications submitted. Eligible Tribes may apply for competitive funding by submitting a proposal for up to a maximum budget of $150,000 of federal section 319 funding (plus the additional required match of the total project cost). Federal Agency Name: EPA. Funding Opportunity Title: Tribal Nonpoint Source Implementation Grants. Announcement Type: Request for Proposals. Funding Opportunity Number: EPA-OW-OWOW-06-2. Catalog of Federal Domestic Assistance (CFDA) Number: 66.460. Dates: Date EPA uses to determine eligibility to receive competitive 319 grants. October 14, 2005. Deadline for Tribes to submit proposals to Region or electronically through grants.gov. March 1, 2006. Headquarters notifies Regions/Tribes of selections for competitive 319 grants. May 5, 2006. Tribes submit final grant application to Region for competitive 319 grants. June 5, 2006. Other than the date EPA will use to determine eligibility to receive 319 grants, the dates above are the anticipated dates for those actions. Dated: January 9, 2006. Benjamin H. Grumbles, Assistant Administrator for Water. Section A. Guidelines for Awarding Clean Water Act Section 319 Base Grants to Indian Tribes in FY 2006 I. General Each eligible Tribe will receive base funding in accordance with 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 in previous years. EPA continues to rely upon land area as the deciding factor for allocation of funds because NPS pollution is strongly related to land use; thus land area is a reasonable factor that generally is highly relevant to identifying Tribes with the greatest needs (recognizing that many Tribes have needs that significantly exceed available resources). Section 319 base funds may be used for a range of activities that implement the Tribe's approved NPS management program, including: Hiring a program coordinator; conducting NPS education programs; providing training and [[Page 2533]] authorized travel to attend training; updating the NPS management program; developing watershed-based plans; and implementing, alone or in conjunction with other agencies or other funding sources, watershed- based plans and on-the-ground watershed projects. In general, base funding should not be used for general assessment activities (e.g., monitoring the general status of reservation waters, which may be supported with CWA section 106 funding). EPA encourages Tribes to use section 319 funding, and explore the use of other funding such as CWA section 106 funding, to support project-specific water quality monitoring, data management, data analysis, assessment activities, and the development of watershed-based plans. II. Eligibility and Match Requirements To be eligible for NPS base grants, a Tribe must: (1) Be federally recognized; (2) have an approved NPS assessment report in accordance with CWA section 319(a); (3) have an approved NPS management program in accordance with CWA section 319(b); and (4) have ``treatment-as-a- state'' (TAS) status in accordance with CWA section 518(e). To be eligible for NPS grants in FY 2006, Tribes must meet these eligibility requirements as of October 14, 2005 (as announced in the FY 2005 guidelines on December 22, 2004 at 69 FR 76733). Tribes should contact their EPA Regional Tribal NPS Coordinator for further information about the eligibility process (see section B.VII for Agency contact information). Section 319(h)(3) of the CWA requires that the match for NPS grants is 40 percent of the total project cost. In general, as required in 40 CFR 31.24, the match requirement can be satisfied by any of the following: Allowable costs incurred by the grantee, subgrantee, or a cost-type contractor, including those 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 ten 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 must include a brief finding in the final award package that the Tribe has demonstrated that it does not have adequate funds to meet the required match. III. Application Requirements for Base Allocation Grants 1. Address To Request Application Package for Base Allocation Grants Applicants may download individual grant application forms, or electronically request a paper application package and an accompanying computer CD of information related to applicants/grant recipients roles and responsibilities from EPA's Grants Web site by visiting: http:// www.epa.gov/ogd/grants/how_to_apply.htm. Please note that only the narrative work plan needs to be included in the initial application. If your application is approved, a complete application package will need to be submitted by June 5, 2006. 2. Content and Form of Application Submission for Base Allocation Grants Section 319 base funds may be used for a range of activities that implement the Tribe's approved NPS management program, including: Hiring a program coordinator; conducting NPS education programs; providing training and authorized travel to attend training; updating the NPS management program; developing watershed-based plans; and implementing, alone or in conjunction with other agencies or other funding sources, watershed-based plans and on-the-ground watershed projects. The specific content and form of the application for the award of section 319 base grants is as follows: a. Narrative Work Plan Tribes must submit a work plan to receive base funding for FY 2006. All work plans must be consistent with the Tribe's approved NPS management program and conform to legal requirements that are applicable to all environmental program grants awarded to Tribes (see 40 CFR 35.505 and 35.507) as well as the grant requirements which specifically apply to NPS management grants (see 40 CFR 35.638). As provided in 40 CFR 35.507, 40 CFR 35.515, and 40 CFR 35.638, all work plans must include: i. Description of each significant category of NPS activity to be addressed; ii. Work plan components; iii. Work plan commitments for each work plan component; iv. Estimated funding amounts for each work plan component; v. Estimated work years for each work plan component; vi. Roles and responsibilities of the recipient and EPA in carrying out the work plan commitments; and vii. Reporting schedule and a description of the performance evaluation process that will be used that accounts for: (a) A discussion of accomplishments as measured against work plan commitments; (b) a discussion of the cumulative effectiveness of the work performed under all work plan components; (c) a discussion of existing and potential problem areas; and (d) suggestions for improvement, including, where feasible, schedules for making improvements. b. Work Plan To Develop a Watershed-Based Plan If a Tribe submits a work plan to develop a watershed-based plan, it must include a commitment to incorporate the nine components of a watershed-based plan identified in section A.V.1 below. c. Work Plan To Implement a Watershed-Based Plan If a Tribe submits a work plan to implement a watershed-based plan, it must be accompanied by a statement that the Region finds that the watershed-based plan to be implemented includes the nine components of a watershed-based plan identified in section A.V.1 below. IV. Submission Dates and Times for Initial Applications for Base Funding Eligible Tribes must submit to the appropriate EPA Regional Tribal NPS Coordinator applications for base funding by 5 p.m. local time on March 1, 2006 (see section B.VII for Agency contact information). Each EPA Region will review the proposed work plan for base funding and, where appropriate, recommend improvements to the plan by March 15, 2006. The Tribe must submit a final work plan by April 14, 2006. If a Tribe has not submitted an approvable work plan for base funding by April 14, its allocated amount will be added to the competitive pool which will be used to fund Tribal NPS competitive grants (see section B). V. Watershed-Based Plans EPA strongly encourages Tribes to use section 319 funding for the development and/or implementation of watershed-based plans to protect unimpaired waters and restore NPS-impaired waters. EPA also encourages Tribes to explore the use of other funding such as CWA section 106 funding to support the development of watershed-based plans. EPA believes that watershed-based plans provide the best means for preventing and resolving NPS problems and threats. Watershed-based plans provide a coordinating framework for solving water quality problems by providing a specific geographic focus, integrating strong partnerships, [[Page 2534]] integrating strong science and data, and coordinating priority setting and integrated solutions. This section outlines the specific information that should be included in all watershed-based plans that are developed or implemented using section 319 funding. This information correlates with the elements of a watershed-based plan outlined in the NPS grants guidelines for States (see FY 2004 Nonpoint Source Program and Grants Guidelines for States and Territories, available at http://www.epa.gov/owow/nps/cwact.html). One significant difference from the State guidelines is that a watershed-based plan for Tribes provides for the integration of ``water quality-based goals'' (see element (c) below), whereas the State guidelines call for specific estimates of load reductions that are expected to be achieved by implementing the plan. EPA has incorporated this flexibility for Tribes in recognition that not all Tribes have yet developed water quality standards and many Tribes may need additional time and/or technical assistance in order to develop more sophisticated estimates of the NPS pollutants that need to be addressed. Where such information does exist, or is later developed, EPA expects that it will be incorporated as appropriate into the watershed-based plan. To the extent that information already exists in other documents (e.g., NPS assessment reports or NPS management programs), the information may be incorporated by reference into the watershed-based plan. Thus, the Tribe need not duplicate any existing process or document that already provides needed information. 1. Components of a Watershed-Based Plan a. An identification of the causes and sources or groups of similar sources that will need to be controlled to achieve the goal identified in element (c) below. Sources that need to be controlled should be identified at the significant subcategory level with estimates of the extent to which they are present in the watershed (e.g., X number of dairy cattle feedlots needing upgrading, including a rough estimate of the number of cattle per facility; Y acres of row crops needing improved nutrient management or sediment control; or Z linear miles of eroded streambank needing remediation). b. A description of the NPS management measures that will need to be implemented to achieve a water quality-based goal described in element (c) below, as well as to achieve other watershed goals identified in the watershed-based plan, and an identification (using a map or a description) of the critical areas which those measures will be needed to implement the plan. c. An estimate of the water quality-based goals expected to be achieved by implementing the measures described in element (b) above. To the extent possible, estimates should identify specific water quality-based goals, which may incorporate, for example: Load reductions; water quality standards for one or more pollutants/uses; NPS total maximum daily load allocations; measurable, in-stream reductions in a pollutant; or improvements in a parameter that indicates stream health (e.g., increases in fish or macroinvertebrate counts). If information is not available to make specific estimates, water quality-based goals may include narrative descriptions and best professional judgment based on existing information. d. An estimate of the amounts of technical and financial assistance needed, associated costs, and/or the sources and authorities that will be relied upon to implement the plan. As sources of funding, Tribes should consider other relevant Federal, State, local and private funds that may be available to assist in implementing the plan. e. An information and education component that will be used to enhance public understanding and encourage early and continued participation in selecting, designing, and implementing the NPS management measures that will be implemented. f. A schedule for implementing the NPS management measures identified in this plan that is reasonably expeditious. g. A description of interim, measurable milestones for determining whether NPS management measures or other control actions are being implemented. h. A set of criteria that can be used to determine whether the water quality-based goals are being achieved over time and substantial progress is being made towards attaining water quality-based goals and, if not, the criteria for determining whether the watershed-based plan needs to be revised. i. A monitoring component to evaluate the effectiveness of the implementation efforts over time, measured against the criteria established under element (h) above. EPA recognizes the difficulty of developing the information described above with precision and, as these guidelines reflect, believes that there must be a balanced approach to address this concern. On one hand, it is absolutely critical that Tribes make, at the subcategory level, a reasonable effort to identify the significant sources; identify the management measures that will most effectively address those sources; and broadly estimate the expected water quality- based goals that will be achieved. Without such information to provide focus and direction, it is much less likely that a project that implements the plan can efficiently and effectively address the NPSs of water quality impairments. On the other hand, EPA recognizes that even with reasonable steps to obtain and analyze relevant data, the available information at the planning stage (within reasonable time and cost constraints) may be limited; preliminary information and estimates may need to be modified over time, accompanied by mid-course corrections in the watershed plan; and it often will require a number of years of effective implementation to achieve the goals. EPA fully intends that the watershed planning process described above should be implemented in a dynamic and iterative manner to assure that projects implementing the plan may proceed even though some of the information in the watershed plan is imperfect and may need to be modified over time as information improves. 2. Scale and Scope of Watershed-Based Plans The watershed-based plan should address a large enough geographic area so that its implementation addresses all of the significant sources and causes of impairments and threats to the waterbody in question. EPA recognizes that many Tribes may face jurisdictional limitations outside reservation boundaries. To the extent possible, EPA encourages Tribes to engage other partners and include mixed ownership watersheds when appropriate to solve the water quality problems (e.g., Tribal, Federal, State, and private lands). While there is no rigorous definition or delineation for this concept, the general intent is to avoid single segments or other narrowly defined areas that do not provide an opportunity for addressing a watershed's stressors in a rational and economic manner. At the same time, the scale should not be so large as to minimize the probability of successful implementation. Once a watershed-based plan that contains the information identified above has been established, it can be used as the foundation for preparing annual work plans. Like the NPS management program approved under section 319(b), a watershed-based plan may be a multi- year planning document. Whereas the NPS management program [[Page 2535]] provides overall program guidance to address NPS pollution on Tribal lands, a watershed-based plan focuses NPS planning on a particular watershed identified as a priority in the NPS management program. Due to the greater specificity of a watershed-based plan, it will generally have considerably more detail than a NPS management program, and identified portions may be implemented through highly specific annual work plans. While the watershed-based plan can be considered a subset of the NPS management program, the annual work plan can be considered a subset of the watershed-based plan. A Tribe may choose to implement the watershed-based plan in prioritized portions (e.g., based on particular segments, other geographic subdivisions, NPS categories in the watershed, or specific pollutants or impairments), consistent with the schedule established pursuant to item (f) above. In doing so, Tribes may submit annual work plans for section 319 grant funding that implement specific portions of the watershed-based plan. A watershed-based plan is a strategic plan for long-term success; annual work plans are the specific ``to-do lists'' to achieve that long-term success. VI. Base Grant Requirements 1. Performance Partnership Grants Performance Partnership Grants (PPG) enable Tribes to combine funds from more than one environmental program grant into a single grant with a single budget. If the Tribe includes the section 319 grant as a part of an approved PPG, the match requirement may be reduced to 5 percent of the allowable cost of the work plan budget for the first 2 years in which the Tribe receives a PPG; after 2 years, the match may be increased up to 10 percent of the work plan budget (as determined by the Regional Administrator). (See 40 CFR 35.536). A section 319 base grant awarded under this notice should not be included in a PPG unless the work plan upon which a decision is made to award the grant is included in the PPG. If a proposed PPG work plan differs significantly from the section 319 work plan approved for funding, the Regional Administrator must consult with the National Program Manager. (See 40 CFR 35.535). The purpose of this requirement is to avoid any potential that the project will not ultimately be implemented once commingled with other grant programs in a PPG. 2. 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.) Individual Tribes who are a part of an intertribal consortia that is awarded a section 319 base grant may not also be awarded an individual section 319 base grant. (Note that individual Tribes may still be eligible to apply for competitive funds described below in Section B if they do not also submit a proposal for competitive funds as part of an intertribal consortium.) 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.) 3. Non-Tribal Lands The following discussion explains the extent to which section 319 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. a. 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'' (see 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 (on condition that the Tribe obtains any necessary access agreements and coordinates with the State, as appropriate) 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 may similarly be used to perform eligible section 319 activities outside of a reservation if: (1) The activity pertains to the management and protection of waters within a reservation; and (2) just as for on- reservation activities, the Tribe meets all other applicable requirements. b. Activities That Are Unrelated to Waters of a Reservation As discussed above, EPA is authorized to award section 319 grants to Tribes to perform eligible section 319 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 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. 4. Administrative Costs Pursuant to CWA section 319(h)(12), administrative costs in the form of salaries, overhead, or indirect costs for services provided and charged against activities and programs carried out with the grant shall not exceed 10 percent of the grant award. The costs of implementing enforcement and regulatory activities, education, training, technical assistance, demonstration projects, and technology transfer are not subject to this limitation. 5. Satisfactory Progress For a Tribe (or intertribal consortium) that received section 319 funds in the preceding fiscal year, section 319(h)(8) of the CWA requires that the Region determine whether the Tribe made ``satisfactory progress'' during the previous fiscal year in meeting the schedule of activities specified in its approved NPS management program. The Region will base this determination on an examination of Tribal activities, reports, reviews, and other documents and discussions with the Tribe in the previous year. Regions must include in each section 319 base funding allocation (or in a separate document, such as the grant-issuance cover letter, that is signed by the same EPA official who signs the grant), a written determination that the Tribe has made satisfactory progress during the previous fiscal year in meeting the schedule of milestones [[Page 2536]] specified in its NPS management program. The Regions must include brief explanations that support their determinations. VII. Technical Assistance to Tribes In addition to providing NPS grant funding to Tribes, EPA remains committed to providing continued technical assistance to Tribes in their efforts to control NPS pollution. During the past nine years, EPA has presented many workshops to Tribes nationwide to assist them in developing: (1) NPS assessments to further their understanding of NPS pollution and its impact on water quality; (2) NPS management programs to apply solutions to address their NPS problems; and (3) specific projects to effect on-the-ground solutions. The workshops have provided information on related EPA and other programs that can help Tribes address NPSs, including the provision of technical and funding assistance. Other areas of technical assistance include watershed-based planning, water quality monitoring, section 305(b) reports on water quality, and section 303(d) lists of impaired waters. EPA intends to continue providing NPS workshops to interested Tribes in FY 2006 and to provide other appropriate technical assistance as needed. EPA also intends to include special emphasis in the workshops on the development and implementation of watershed-based plans that are designed to address on-the-ground water quality improvements. VIII. Anticipated Deadlines and Milestones for FY 2006 Base Grants Date for Tribes to be eligible for 319 grants. October 14, 2005. Tribes submit base grant initial application to Region. March 1, 2006 (anticipated). Region comments on Tribe's base grant work plan. March 15, 2006 (anticipated). Tribes submit final base grant work plan to Region. April 14, 2006 (anticipated). Tribes submit final grant application to Region. June 5, 2006 (anticipated). Other than the date EPA will use to determine eligibility to receive 319 grants, the dates above are the anticipated dates for those actions. IX. Anticipated Deadlines and Milestones for FY 2007 Base Grants Beginning in FY 2007, the schedule for submitting work plans and awarding section 319 base grants will be modified to expedite the grant awards process. These modifications are intended to ensure that award decisions are made earlier in the fiscal year to provide adequate time for Tribes to implement projects within the applicable fiscal year. Date for Tribes to be eligible for 319 grants. October 13, 2006. Tribes submit base grant initial application to Region. December 1, 2006 (anticipated). Region comments on Tribe's base grant work plan. December 15, 2006 (anticipated). Tribes submit final base grant work plan to Region. January 16, 2007 (anticipated). Tribes submit final grant application to Region. April 5, 2007 (anticipated). Other than the date EPA will use to determine eligibility to receive 319 grants, the dates above are the anticipated dates for those actions. Section B. Request for Proposals From Indian Tribes for Competitive Grants under Clean Water Act Section 319 in FY 2006 (Funding Opportunity Number EPA-OW-OWOW-06-2) I. Funding Opportunity Description for Competitive Grants This RFP is issued pursuant to section 319(h) of the Clean Water Act (CWA). Section 319 of the CWA authorizes EPA to award grants to eligible Tribes for the purpose of assisting them in implementing approved nonpoint source (NPS) management programs developed pursuant to section 319(b). The primary goal of the NPS management program is to control NPS pollution through implementation of management measures and practices to reduce pollutant loadings resulting from each category or subcategory of NPSs identified in the Tribe's NPS assessment report developed pursuant to section 319(a). EPA has set aside a portion of the section 319 funds appropriated by Congress for competitive grant awards to Tribes for the purpose of funding: (1) The development of watershed-based plans; and/or (2) the implementation of watershed projects that implement a watershed-based plan; and/or (3) the implementation of other watershed projects not implementing a watershed-based plan. Tribes are strongly encouraged to submit proposals that develop and/or implement watershed-based plans designed to protect unimpaired waters and restore NPS-impaired waters. Grants awarded under this RFP will advance the protection and improvement of water quality in support of Goal 2 (Clean and Safe Water), Objective 2 (Protect Water Quality), Sub-objective 1 (Protect and Improve Water Quality on a Watershed Basis) of EPA's Strategic Plan (see http://www.epa.gov/ocfo/plan/plan.htm). In support of Sub- objective 2.2.1, and consistent with EPA Order 5700.7 on Environmental Results under EPA Assistance Agreements (see http://www.epa.gov/ogd/ grants/award/5700.7.pdf), grants awarded under this RFP will be expected to accomplish various environmental outcomes and outputs as described below. Applicants must discuss anticipated environmental outcomes and outputs in proposed work plan objectives and performance measures. Expected environmental outcomes mean the result, effect, or consequence that will occur from carrying out an environmental program or activity that is related to an environmental or programmatic goal or objective. Outcomes may be environmental, behavioral, health-related or programmatic in nature, must be quantitative, and may not necessarily be achieved within an assistance agreement funding period. Examples of outcomes from the grants to be awarded under this RFP may include but are not limited to: an increased number of NPS-impaired waterbodies that have been partially or fully restored to meet water quality standards or other water quality-based goals established by the Tribes; and/or an increased number of waterbodies that have been protected from NPS pollution. Expected environmental outputs (or deliverables) refer to an environmental activity, effort, and/or associated work product related to an environmental goal or objective, that will be produced or provided over a period of time or by a specified date. Outputs may be quantitative or qualitative but must be measurable during an assistance agreement funding period. Examples of environmental outputs under the grants awarded under this RFP may include but are not limited to: a watershed-based plan, progress reports, or a particular number of on- the-ground management measures or practices installed or implemented during the project period. Including the environmental output of a watershed-based plan furthers progress towards achieving the specific indicator measure for Sub-objective 2.2.1 in EPA's Strategic Plan which measures the number of Tribes that have developed and begun to implement a watershed-based plan for Tribal waters (see Measure WQ-28, EPA's National Water Program Guidance for FY 2006 at http://www.epa.gov/water/waterplan/#nwp06). [[Page 2537]] II. Award Information In FY 2005, EPA awarded approximately $4.2 million to 31 Tribes for specific watershed projects through a competitive process. EPA expects that the amount of competitive funding available in FY 2006 will be similar or slightly lower than the amount available in FY 2005, since the availability of competitive funding is dependent, in part, upon the amount of funding that remains after a portion is first distributed as base grants to all eligible Tribes (which may increase due to additional Tribes entering the NPS program). EPA anticipates awarding approximately 30 competitive grants, subject to availability of funds and the quality of applications submitted under this RFP. Eligible Tribes may apply for competitive funding by submitting a proposal up to a maximum budget of $150,000 of federal section 319 funding (plus the additional required match of the total project cost). Proposals evaluated, but not selected for this funding, may be retained for consideration for possible future awards if additional funding materializes. Any additional selections for award under this RFP based on additional funding will be in accordance with the rankings developed by the review Committee (discussed below in section B.V.2) and must be made within six months of the original competitive funding decisions. EPA reserves the right to make partial awards by funding discrete activities, portions, or phases of the proposal. If EPA decides to partially fund the proposal, it will do so in a manner that does not prejudice any applicants or affect the basis upon which the proposal/ application, or portion thereof, was evaluated and selected for award, and that maintains the integrity of the competition and the evaluation/ selection process. III. Eligibility Information 1. Eligible Applicants To be eligible for NPS grants, a Tribe or intertribal consortium must: (1) Be federally recognized; (2) have an approved NPS assessment report in accordance with CWA section 319(a); (3) have an approved NPS management program in accordance with CWA section 319(b); and (4) have ``treatment-as-a-state'' (TAS) status in accordance with CWA section 518(e). To be eligible for NPS grants in FY 2006, Tribes must meet these eligibility requirements as of October 14, 2005. 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.) Individual Tribes who are a part of an intertribal consortia that is awarded a section 319 competitive grant may not also be awarded an individual section competitive 319 grant. (Note that individual Tribes may still be eligible to apply for base funds described above in Section A if they do not also submit a proposal for base funds as part of an intertribal consortium.) 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.) 2. Cost Sharing or Matching Section 319(h)(3) of the CWA requires that the match for NPS grants is 40 percent of the total project cost. In general, as required in 40 CFR 31.24, the match requirement can be satisfied by any of the following: Allowable costs incurred by the grantee, subgrantee, or a cost-type contractor, including those 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 ten 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 must include a brief finding in the final award package that the Tribe has demonstrated that it does not have adequate funds to meet the required match. Performance Partnership Grants (PPG) enable Tribes to combine funds from more than one environmental program grant into a single grant with a single budget. If the Tribe includes the section 319 competitive grant as a part of an approved PPG, the match requirement may be reduced to 5 percent of the allowable cost of the work plan budget for the first 2 years in which the Tribe receives a PPG; after 2 years, the match may be increased up to 10 percent of the work plan budget (as determined by the Regional Administrator). (See 40 CFR 35.536). A section 319 grant awarded under this RFP should not be included in a PPG unless the work plan upon which a decision is made to award the competitive grant is included in the PPG. If a proposed PPG work plan differs significantly from the section 319 work plan approved for funding under this RFP, the Regional Administrator must consult with the National Program Manager. (See 40 CFR 35.535). The purpose of this requirement is to avoid any potential that the project will not ultimately be implemented once commingled with other grant programs in a PPG. 3. Threshold Evaluation Criteria In addition to applicant eligibility and cost-share (discussed above in sections B.III.1 and B.III.2, respectively), all of the following additional threshold evaluation criteria must be met in order for a Tribe's application to be evaluated under section B.V and be considered for award. a. An individual Tribe (or intertribal consortium) may not be awarded competitive funding for more than one competitive grant proposal in a given year. b. An individual Tribe (or intertribal consortium) may apply for competitive funding by submitting a proposal up to a maximum budget of $150,000 of federal section 319 funding (plus the additional required match of the total project cost). If a Tribe submits a proposal that exceeds $150,000 (of federal section 319 funding), it will be rejected from further consideration. c. All applications must propose to fund activities that are related to waters within a reservation or they will be rejected. Section 319 grants may be awarded to Tribes for use outside the reservation only if they fund activities that are related to waters within a reservation, such as those relating to sources upstream of a waterway entering the reservation. i. 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'' (see 33 U.S.C. 1377(e)(2)). [[Page 2538]] EPA already awards grants to Tribes under section 106 of the CWA for activities performed outside of a reservation (on condition that the Tribe obtains any necessary access agreements and coordinates with the State, as appropriate) 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 may similarly be used to perform eligible section 319 activities outside of a reservation if: (1) The activity pertains to the management and protection of waters within a reservation; and (2) just as for on- reservation activities, the Tribe meets all other applicable requirements. ii. Activities That Are Unrelated to Waters of a Reservation As discussed above, EPA is authorized to award section 319 grants to Tribes to perform eligible section 319 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 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. d. All work plans must be consistent with the Tribe's approved NPS management program and conform to legal requirements that are applicable to all environmental program grants awarded to Tribes (see 40 CFR 35.505 and 35.507) as well as the legal requirements that specifically apply to NPS management grants (see 40 CFR 35.638). As provided in those regulations, all proposed work plans must include: i. Description of each significant category of NPS activity to be addressed; ii. Work plan components; iii. Work plan commitments for each work plan component, including anticipated environmental outcomes and outputs (as required by EPA Order 5700.7) and the applicant's plan for tracking and measuring its progress towards achieving the expected outcomes and outputs identified in Section B.I of this RFP; iv. Estimated funding amounts for each work plan component; v. Estimated work years for each work plan component; vi. Roles and responsibilities of the recipient and EPA in carrying out the work plan commitments; and vii. Reporting schedule and a description of the performance evaluation process that will be used that accounts for: (a) A discussion of accomplishments as measured against work plan commitments and anticipated environmental outcomes and outputs; (b) a discussion of the cumulative effectiveness of the work performed under all work plan components; (c) a discussion of existing and potential problem areas; and (d) suggestions for improvement, including, where feasible, schedules for making improvements. IV. Application and Submission Information EPA will respond to questions from individual applicants regarding threshold eligibility criteria, administrative issues related to the submission of the proposal/application, and requests for clarification about the announcement. Questions must be submitted before February 15, 2006 in writing to the appropriate EPA Regional Tribal NPS Coordinator and written responses will be posted on EPA's Web site at: http://www.epa.gov/owow/nps/tribal. In accordance with EPA's Competition Policy (EPA Order 5700.5A1), EPA staff will not meet with individual applicants to discuss draft proposals, provide informal comments on draft proposals, or provide advice to applicants on how to respond to ranking criteria. Applicants are responsible for the contents of their applications. 1. Address To Request Application Package Applicants may download individual grant application forms, or electronically request a paper application package and an accompanying computer CD of information related to applicants/grant recipients roles and responsibilities from EPA's Grants Web site by visiting: http:// www.epa.gov/ogd/grants/how_to_apply.htm. Applicants may also apply electronically through http://www.grants.govas explained below. 2. Content and Form of Application Submission Please note that only the one-page Standard Form 424 needs to be included in the initial application, along with the work plan narrative described in this RFP. If your application is selected, the entire grants package will need to be completed by June 5, 2006. a. Signed Standard Form 424 (one page) b. Narrative Work Plan Tribes must submit a work plan following the required outline above in section B.III.3.d to be considered for competitive funding for FY 2006. 3. Submission Dates and Times for Proposals for Competitive Funding You may submit either a paper proposal or an electronic proposal through http://www.grants.gov