[Federal Register: February 11, 2004 (Volume 69, Number 28)]
[Notices]
[Page 6662-6665]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11fe04-72]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-7620-1]
Guidelines on Awarding Section 319 Grants to Indian Tribes in FY
2004; Request for Grant Proposals for Watershed Projects
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 2004. As has
been the case for the past four fiscal years, EPA anticipates Congress
will authorized EPA to award nonpoint source pollution control grants
to Indian Tribes under section 319 of the Clean Water Act in FY2004 in
an amount that exceeds the statutory cap (in section 518(f) of the
Clean Water Act) of \1/3\ of 1% of the total 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 2004, including submissions of
proposed work plans. The guidelines also describe the process and
schedule to award, through a grants competition, additional funds for
selected watershed implementation projects for FY 2004 funding,
including the schedule for submissions of watershed project summaries
and the selection criteria for funding watershed projects.
DATES: The guidelines are effective February 11, 2004.
ADDRESSES: Persons requesting additional information or a complete copy
of the document should contact Ed Drabkowski at (202) 566-1198; e-mail
at drabkowski.ed@epa.gov; or by mail at 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; or by e-mail at drabkowski.ed@epa.gov; or
by mail at U.S. Environmental Protection Agency (4503T), 1200
Pennsylvania Avenue, NW., Washington, DC 20460.
SUPPLEMENTARY INFORMATION: The full text of the Guidelines on Awarding
Section 319 Grants to Indian Tribes in FY 2004 is also available on the
Nonpoint Source Control Branch homepage at http://www.epa.gov/owow/nps.
Dated: January 30, 2004.
Diane C. Regas,
Director, Office of Wetlands, Oceans, and Watersheds.
Memorandum
Subject: Guidelines on Awarding Section 319 Grants to Indian Tribes
in FY 2004; Request for Grant Proposals for Watershed Projects
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.
EPA anticipates that Congress will, for the fifth year in a row,
authorize EPA to award nonpoint source pollution control grants to
Indian Tribes under Section 319 of the Clean Water Act (``CWA'') in
FY 2004 in an amount that exceeds the statutory cap (in Section
518(f) of the CWA) of \1/3\ of 1% of the total 319 appropriation.
This will enable all of the Tribes that have approved nonpoint
source assessments and management programs and ``treatment-as-a-
State'' (``TAS'') status (hereinafter referred to as ``approved
Tribes'') by January 7, 2004, to be eligible to receive Section 319
funding to help implement those programs.
The repeated allowance of increased funding for Tribal nonpoint
source (``NPS'') programs in FY 2004 reflects Congress' continuing
recognition that Indian Tribes need and deserve increased financial
support to implement nonpoint source 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 nonpoint source
pollution programs. To date, EPA has already approved eighty-four
(84) Tribal nonpoint source management programs, covering more than
40 million acres of land (representing approximately 74% of all
Indian country), and we expect to approve additional programs in FY
2004.
As was the case last year, the new authorization to exceed \1/3\
of 1% applies only to the current year (FY 2004). As in the past,
EPA will work with the Tribes to continue to demonstrate that
increased 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 2003, which included base grants awarded to seventy-
one (71) Tribes as well as grants for specific watershed projects
awarded to twenty-seven (27) Tribes through a competitive process.
We believe that the Tribes and EPA succeeded in directing the FY
2003 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 319
grant dollars in FY 2004 to address the extensive NPS control needs
throughout Indian country, as discussed below. In recognition of
this fact, we are awarding a total of $7,000,000 to Tribes for FY
2004.
Summary of Process for FY 2004 Grants to Tribes
In FY 2004, we will set aside $7,000,000 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:
[[Page 6663]]
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 2004 Grants to Tribes
1. Base Funding
Each Tribe that has an approved nonpoint source assessment and
management program (and TAS status) as of January 7, 2004, 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 nonpoint source 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; developing and
implementing, alone or in conjunction with other agencies or other
funding sources, watershed-based plans and on-the-ground watershed
projects. In general, this base funding should not be used for
general 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 Sections 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 plan to the appropriate Regional office
by February 18, 2004. Regions should review the proposed work plan
and, where appropriate, recommend improvements to the plan. If a
Tribe has not submitted an approvable work plan February 25, 2004,
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: Request for Proposals to Select Watershed
Projects for FY 2004 Funding (Process and Schedule)
The remaining funds will be awarded to Tribes that have approved
nonpoint source management programs as of January 7, 2004, 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 2003 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 then make funding decisions
in accordance with the process described below.
b. Watershed Project Summaries
Tribes that have approved nonpoint source assessments and
management programs as well as TAS status as of January 7, 2004, 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., 5 pages) summary of a watershed project implementation plan
by February 18, 2004, 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 February 27, 2004, 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 proposed project is listed as a priority implementation
project or is located in a priority watershed identified in the
Tribal NPS management program.
2. The watershed plan summary includes a clear and specific
identification of the on-the-ground improvement project to be
constructed or installed and the water quality problem to be
addressed, including the pollutants of concern and their sources
(including critical areas to be treated, if known).
3. 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.
4. The summary identifies the best management practices or
measures to be implemented and the location where these measures and
practices will be implemented.
5. Where relevant, the watershed project is designed to
implement measures and practices that 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 TMDL's. [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.]
6. The proposed project is designed to include cooperation and/
or combination of resources with other programs, parties, and
agencies to provide additional technical and/or financial assistance
to the project (e.g. leveraging CWA Section 106 funding for water
quality monitoring; utilizing Farm Bill Environmental Quality
Incentives Program funds).
7. The summary outlines the construction cost of the project and
the amount of Section 319 grant dollars that are requested, not to
[[Page 6664]]
exceed $150,000. Please note that a 40% 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 with
appropriate milestones.
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. This
evaluation will be developed into an annual report to the Region and
a final report on completion of the project.
d. Award of Grants for Tribal Watershed Projects
(i) Award Decisions
The Watershed Project Review Committee will hold a conference
call by March 12, 2004, 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 April 7, 2004, 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 April 14, 2004, 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 May 7, 2004. If
a Tribe fails to or is unable to submit an approvable work plan by
May 7, 2004, the 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% 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.)
Technical Assistance to Tribes
In addition to providing nonpoint source 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. 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
nonpoint source workshops to interested Tribes around the United
States in FY 2004 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 (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(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 January 7, 2004
Grants.
Tribes Submit Base Grant Work Plans to February 18, 2004
Region.
Tribes Submit Competitive Grant Proposals February 18, 2004
to Region.
Region Comments on Tribe's Base Grant Work February 25, 2004
Plan.
[[Page 6665]]
Region Forwards Competitive Proposals to February 27, 2004
Headquarters.
Review Committee Discusses Proposals...... March 12, 2004
Review Committee Forwards Ranking Scores April 7, 2004
to HQ.
Headquarters Notifies Regions/Tribes of April 14, 2004
Selections.
Tribes Submit Final Grant Application to May 7, 2004
Region.
------------------------------------------------------------------------
Statutory and Regulatory Requirements
All Section 319(h) grants will be awarded and administered
consistent with the statutory requirements in Section 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\ of 1% statutory cap in FY 2004,
Congress continues 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 2004 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 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. 04-2958 Filed 2-10-04; 8:45 am]
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