[Federal Register Volume 69, Number 245 (Wednesday, December 22, 2004)]
[Notices]
[Pages 76733-76739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27986]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-7849-3]
Guidelines on Awarding Section 319 Grants to Indian Tribes in FY
2005; Request for Grant Proposals for Watershed Projects
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of availability.
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SUMMARY: EPA is publishing, in this notice, guidelines for awarding
Clean Water Act section 319 nonpoint source grants to Indian Tribes in
FY 2005. Once again Congress has authorized EPA to award nonpoint
source pollution control grants to Indian Tribes under section 319 of
the Clean Water Act in FY 2005 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 ``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 2005, including
submissions of proposed work plans. The guidelines also describe the
process and schedule to award additional FY 2005 funds for selected
watershed projects, including submissions of watershed project
proposals and the selection criteria for funding watershed-based
projects.
DATES: The guidelines are effective December 22, 2004.
ADDRESSES: Persons requesting additional information or a complete copy
of the document should contact Stacie Craddock (202) 566-1204; by e-
mail at [email protected]; or by mail at U.S. Environmental
Protection
[[Page 76734]]
Agency (4503T), 1200 Pennsylvania Avenue, NW., Washington, DC 20460.
The full text of the Guidelines on Awarding Section 319 Grants to
Indian Tribes in FY 2005 is also available on the Internet at: http://www.epa.gov/owow/nps/tribal.html.
FOR FURTHER INFORMATION CONTACT: Stacie Craddock at (202) 566-1204.
Dated: November 19, 2004.
Diane C. Regas,
Director, Office of Wetlands, Oceans, and Watersheds.
SUPPLEMENTARY INFORMATION: Once again Congress has, for the sixth year
in a row, authorized EPA to award nonpoint source pollution control
grants to Indian Tribes under section 319 of the Clean Water Act (CWA)
in FY 2005 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,
2005, 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 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 ninety-four (94) Tribal nonpoint source management programs,
covering more than 40 million acres of land (representing approximately
75% of all Indian country), and we expect to approve additional
programs in FY 2005.
As was the case last year, any new authorization to exceed 1/3 of
1% applies only to the current year (FY 2005). 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 quality of the Tribes' work plans
that formed the basis of the grants awarded to Tribes in FY 2004, which
included base grants awarded to seventy-eight (78) Tribes as well as
grants for specific watershed projects awarded to thirty-two (32)
Tribes through a competitive process. We believe that the Tribes and
EPA succeeded in directing the FY 2004 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 2005 to address the
extensive NPS control needs throughout Indian country, as discussed
below. In recognition of this fact, we intend to award (pending
Congressional authorization) a total of $7,000,000 to Tribes for FY
2005.
Summary of Process for FY 2005 Grants to Tribes
In FY 2005, 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:
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 equal to or 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 on-the-ground NPS
watershed projects.
Detailed Discussion of Process for FY 2005 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, 2005, will receive
base funding based on the following land area scale:
------------------------------------------------------------------------
Square miles (acres) Base 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 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 authorized travel to attend training;
updating the nonpoint source management program; 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 by February 18, 2005, a proposed work
plan that is consistent with the Tribe's approved nonpoint source
management program and conforms to applicable legal requirements (see
immediately below for contents of work plans for base funding). The
Region should review the proposed work plan and, where appropriate,
recommend improvements to the plan. If a Tribe has not submitted an
approvable work plan by February 25, 2005, its allocated amount will be
added to the competitive pool, discussed below, which will be used to
fund Tribal NPS program and on-the-ground watershed projects.
Regions should work with the Tribes to expeditiously award the base
grants. However, if a Tribe will be awarded additional funds to
implement a watershed project, as discussed below, the Tribe 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' needs and preferences.
2. Work Plans for Base Funding
A work plan for base funding must be consistent with the Tribe's
approved nonpoint source 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 nonpoint source management
grants (see 40 CFR 35.638). These guidelines summarize particularly
applicable components of these legal requirements. However, EPA
recommends that Tribes review the applicable regulations as well.
An approvable work plan must specify:
a. The work plan components that will be funded under the grant,
briefly describing each significant category of nonpoint source
activity;
[[Page 76735]]
b. The work plan commitments for each work plan component, and a
time frame for their accomplishment;
c. The estimated work years and estimated funding amounts for each
work plan component;
d. A performance evaluation process and reporting schedule in
accordance with 40 CFR 35.515 (see discussion below on the evaluation
process under the ``Management and Oversight'' heading);
e. The roles and responsibilities of the recipient and any project
partners in carrying out the work plan commitments.
3. Competitive Funding: Request for Proposals to Select Watershed
Projects for FY 2005 Funding (Process and Schedule)
The remaining funds will be awarded to Tribes that have approved
nonpoint source management programs as of January 7, 2005, 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. An individual Tribe
(or intertribal consortium) may not be awarded competitive funding for
more than one watershed project in a given year. The funds will be
awarded using the process described below.
a. Watershed Project Review Committee
As we did for the FY 2004 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 Proposals
Tribes that have approved nonpoint source assessments and
management programs as well as TAS status as of January 7, 2005, may
apply for competitive funding by submitting a proposed work plan for
the watershed project 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.
Whereas base funding may be used to implement the full range of
activities in approved nonpoint source management programs (e.g.,
protection activities, education and training, etc.), competitive
funding will be awarded to implement on-the-ground water quality
improvement projects that are expected to achieve actual water quality
benefits in waters impaired by nonpoint source pollution. Tribes are
encouraged to submit on-the-ground projects that implement watershed-
based plans. Competitive funds can be used for more detailed
development of the watershed-based plan, such as additional monitoring
or modeling that will assist Tribes in targeting implementation
activities and enable Tribes to develop more detailed information or
improved assessments relating to the specific components of the
watershed-based plan to be implemented. Competitive funding should
generally be limited to 20% for development of the watershed-based
plans to assure that these funds are primarily focused on
implementation of the plan. Tribes should refer to EPA's FY 2004
Nonpoint Source Program and Grants Guidelines for States and
Territories (available at EPA's Nonpoint Source Web site at: http://www.epa.gov/owow/nps/cwact.html) which outline the specific information
to be included in watershed-based plans to restore waters impaired by
nonpoint source pollution. In such cases, the watershed project can be
designed to reduce nonpoint source pollutant loadings that are
contributing to non-attainment of water quality standards.
Where relevant, the watershed project may be designed to implement
measures and practices that are intended to achieve load reductions or
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). NPS TMDLs, together with
watershed-based plans designed to implement the NPS TMDLs, provide the
necessary analytic link between actions on the ground and the water
quality results to be achieved. Where an NPS TMDL has not yet been
developed and approved or is not yet being developed for the waters,
the Tribe may use these funds to implement a watershed-based plan in
the absence of a TMDL.
Tribes that apply for competitive funding for watershed projects
should submit a proposed work plan for the watershed project by
February 18, 2005, to the appropriate EPA Regional office for initial
screening for compliance with criteria in this notice. The Regional
office will, by February 25, 2005, forward the work plans that meet the
required criteria to EPA Headquarters for distribution to the Watershed
Project Review Committee. (E-mail versions sent as an attachment to the
e-mail are appreciated where possible because they can be shared among
the reviewers most rapidly and easily.)
Watershed projects that are awarded competitive funding must be
consistent with the Tribe's approved nonpoint source 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) and the legal requirements applicable to nonpoint source
management grants (see 40 CFR 35.638). These guidelines summarize
particularly applicable components of these legal requirements, also
incorporating the specific objectives for which watershed project
grants are awarded.
c. Work Plan Elements for a Watershed Project Proposal
The following five elements must be included in the work plan for a
proposed watershed project. These elements reflect specific regulatory
requirements, as mentioned above, without which a work plan cannot be
approved. Tribes may refer to the ``Competitive Proposal Review Sheet''
in Appendix A for a model of the checklist that EPA's Watershed Project
Review Committee will use to rank proposed work plans for watershed
projects.
The work plan for competitive funding must include all five of the
following elements in order to be considered for ranking and potential
funding:
1. The work plan components to be funded under the grant, briefly
describing each significant category and subcategory of nonpoint source
pollution that will be addressed and the causes and sources of that
pollution, targeting the on-the-ground improvements to be addressed;
2. The work plan commitments for each work plan component, focusing
on the types of best management practices or measures that will be
implemented to address the identified causes and sources of nonpoint
source pollution for each significant source of nonpoint source
pollution, the expected pollutant load reduction and/or water quality
benefits to the receiving waterbody, and a time frame for their
accomplishment;
3. The estimated work years and estimated funding amounts for each
work plan component;
4. A performance evaluation process and reporting schedule in
accordance with 40 CFR 35.515 (see discussion below on the evaluation
process under the ``Management and Oversight'' heading); and
[[Page 76736]]
5. The roles and responsibilities of the recipient and any project
partners in carrying out the work plan commitments.
d. Selection Criteria for Funding Watershed Projects
As discussed above, watershed project proposals must include all of
the work plan elements listed above in section 3.c in order to be
considered for approval. After a determination is made that the project
includes these minimum elements, EPA's Watershed Project Review
Committee will consider the extent to which other criteria, listed
below, are represented in each project. The extent to which each
criteria is present will increase the total score for which the project
receives. Tribes may refer to the ``Competitive Proposal Review Sheet''
in Appendix A for a model of the checklist that EPA's Watershed Project
Review Committee will use to rank proposed work plans for watershed
projects.
1. The project is listed as a priority implementation project or is
located in a priority watershed identified in the Tribal NPS management
program.
2. The project includes cooperation and/or a combination of
resources with other programs, parties, and agencies to provide
additional technical and/or financial assistance to the project (e.g.,
using section 106 funding for water quality monitoring, Farm Bill
Environmental Quality Incentives Program funds, or funds from state
agency sources).
3. The project is designed to achieve load allocations for which an
approved NPS TMDL has been developed (or the NPS components of mixed-
source TMDLs).
4. The project is designed to implement a watershed-based plan that
is designed to restore nonpoint source-impaired waters (including
components identified in EPA's FY 2004 Nonpoint Source Program and
Grants Guidelines for States and Territories, available at EPA's
Nonpoint Source Web site at: http://www.epa.gov/owow/nps/cwact.html).
e. Award of Grants for Tribal Watershed Projects
(1) Award Decisions
The Watershed Project Review Committee will hold a conference call
by March 10, 2005, 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 as indicated in the
``Competitive Proposal Review Sheet'' in Appendix A.
By April 7, 2005, the Committee will compile the rankings of the
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 by April 12, 2005, to provide a final
opportunity for members of the Review Committee to discuss the
rankings. By April 14, 2005, 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.
(2) 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. Final work plans may include minor
changes or clarifications agreed upon by the Region and Tribe, but
shall not vary significantly in substance from the initial watershed
project proposal. After making appropriate changes, the Tribe must
submit a final work plan to the Region by May 6, 2005. If a Tribe fails
to or is unable to submit an approvable work plan by May 6, 2005, the
319 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.
(3) Match Requirements
The match requirement for section 319 base grants is 40 percent
unless included as part of an approved Performance Partnership Grant
(PPG) which sets the match requirement at 5 percent of the allowable
cost of the work plan budget for base funding only. The match
requirement for section 319 competitive grants is 40 percent of the
approved work plan costs. Any competitive grant awarded under this
solicitation will not be included in a PPG. 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.
4. Grant Eligibility and Criteria
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 grant may not also be awarded a
section 319 grant to the individual Tribe. 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
eight 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
[[Page 76737]]
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
2005 and to provide other appropriate technical assistance as needed.
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.
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'' (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.
2. 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.
Milestones Summary for FY 2005
Date for Tribes to be Eligible for January 7, 2005.
319 Grants..
Tribes Submit Base Grant Work Plans February 18, 2005.
to Region..
Tribes Submit Competitive Grant Work February 18, 2005.
Plans to Region..
Region Comments on Tribe's Base February 25, 2005.
Grant Work Plan..
Region Forwards Competitive Work February 25, 2005.
Plans to Headquarters..
Review Committee Discusses March 10, 2005.
Competitive Work Plans.
Review Committee Forwards Ranking April 7, 2005.
Scores to HQ..
Review Committee Discusses Rankings. April 12, 2005.
Headquarters Notifies Regions/Tribes April 14, 2005.
of Selections..
Tribes Submit Final Grant May 6, 2005.
Application to Region..
Management and Oversight
The Clean Water Act and EPA regulations require that all section
319 grants to States, Territories, and Tribes include a set of
reporting requirements for all section 319 grants. In addition, the
Clean Water Act includes a special provision for section 319 grants
that specifically requires that ``no grant may be made'' under section
319 unless EPA's Administrator determines that the grant recipient (in
this case the Tribe) made ``satisfactory progress'' during the
preceding year in meeting the schedule of activities specified in its
approved nonpoint source management program. In previous Tribal 319
guidelines, EPA has not included any discussion to supplement the law
and regulations regarding Tribal reporting and EPA review of Tribal
progress. Given the fact that Tribes have now been receiving
significant section 319 funds for several years, and have had some time
to develop more mature programs, EPA believes that it is important to
take note of the significant mechanisms in the Clean Water Act and
regulations that are designed to assure that the funds are used wisely
and effectively.
The work plan components required for section 319 funding,
specifically those relating to work plan commitments and timeframes for
their accomplishment, facilitate the management and oversight of Tribal
grants by providing specific activities and outputs by which progress
can be monitored. The performance evaluation process and reporting
schedule (both work plan components) also establish a formal process by
which accomplishments can be measured. Additionally, the satisfactory
progress determination (for Tribes that received section 319 funding in
the preceding fiscal year) helps ensure that Tribes are making progress
in achieving the goals in their nonpoint source management programs.
1. Evaluation Process
A description of the evaluation process and reporting schedule must
be included in the work plan that is required for Tribes receiving
section 319 funding. (See 40 CFR 35.507). To fulfill this requirement,
the Tribe and the Region will develop a process for jointly evaluating
and reporting progress and accomplishments under the work plan. (See 40
CFR 35.515).
The evaluation process must provide 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.
Regions will ensure that the required evaluations are performed
according to the negotiated schedule (at least annually) and that
copies of evaluation reports are placed in the official files and
provided to the recipient.
2. Satisfactory Progress
For a Tribe (or intertribal consortium) that received section 319
funds in the preceding fiscal year, section 319(h)(8) of the Clean
Water Act requires that the
[[Page 76738]]
Region determine whether the Tribe's progress for the previous fiscal
year in meeting the schedule set forth in its nonpoint source
management program was satisfactory. (See Clean Water Act section
319(h)(8) and 40 CFR 35.638(d)(3)). 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 grant (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 specified in its
nonpoint source management program. The Regions must include brief
explanations that support their determinations.
Statutory and Regulatory Requirements
All section 319 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.
Revised Schedule for FY 2006
Beginning in FY 2006, the schedule for submitting work plans and
awarding section 319 grants to Tribes will be modified to expedite the
grant awards process. The revised schedule also impacts the date for
determining eligibility for Tribes' participation in the section 319
grants process. These modifications are necessary 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.
Milestones Summary for FY 2006
Date for Tribes to be Eligible for October 14, 2005
319 Grants..
Tribes Submit Base Grant Work Plans December 2, 2005
to Region..
Tribes Submit Competitive Grant Work December 2, 2005
Plans to Region..
Region Comments on Tribe's Base December 9, 2005
Grant Work Plan..
Region Forwards Competitive Work December 9, 2005
Plans to Headquarters..
Review Committee Discusses January 11, 2006
Competitive Work Plans.
Review Committee Forwards Ranking February 8, 2006
Scores to HQ..
Review Committee Discusses Rankings. February 14, 2006
Headquarters Notifies Regions/Tribes February 16, 2006
of Selections..
Tribes Submit Final Grant March 9, 2006
Application to Region..
Conclusion
By once again lifting the 1/3 of 1% statutory cap in FY 2005,
Congress continues to provide the Tribes and EPA with an excellent
opportunity to further Tribal efforts to reduce nonpoint source
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 2005 and creating a sound
basis to assure that adequate funds will continue to be provided in the
future.
Appendix A
Tribal 319 Competitive Proposal Review Sheet
The following review sheet will be used by EPA's Watershed
Project Review Committee to rank proposed work plans for watershed
projects.
Tribe Name ------------Reviewer------------
(Weight x Value = Score) (Value: 1 is Lowest; 5 is Highest)
(Maximum Score is 700)
------------------------------------------------------------------------
Elements 1-5 (Maximum Score for
Weight Elements 1-5 = 500) Value Score
------------------------------------------------------------------------
25 (1) Provides work plan components ............ ...........
to be funded under the grant.
FACTORS: ............ ...........
--Identifies goals and objectives
of the project, targeting on-the-
ground improvements.
--Identifies each significant
category and subcategory of NPS
pollution and water quality
problem to be addressed.
--Identifies causes and sources of
NPS pollution.
--Identifies where the NPS project
will take place and the waterbody
affected by the NPS pollutants--
provides map.
COMMENTS: ............ ...........
---------
25 (2) Describes work plan commitments ............ ...........
for each work plan component.
FACTORS: ............ ...........
--Describes the on-the-ground
project to be constructed or
installed.
--Identifies BMPs to be
implemented.
--Identifies expected water quality
benefits to receiving water.
COMMENTS: ............ ...........
---------
20 (3) Provides estimated work years ............ ...........
and estimated funding amounts for
each work plan component.
FACTORS: ............ ...........
--Identifies a specific ``Start''
and ``End'' date for each work
plan component.
--Provides interim milestone dates
for achieving each work plan
component.
--Identifies specific budget for
each work plan component--outlines
total operational and construction
cost of the project (including
match).
--Indicates readiness to proceed.
COMMENTS: ............ ...........
---------
[[Page 76739]]
15 (4) Describes a performance ............ ...........
evaluation process and reporting
schedule.
FACTORS: ............ ...........
--Includes specific factors by
which performance can be
evaluated.
--Includes submission of a final
report.
COMMENTS: ............ ...........
---------
15 (5) Identifies roles and ............ ...........
responsibilities of the recipient
and any project partners in
carrying out work plan
commitments.
FACTORS: ............ ...........
--Identifies specific level of
effort for responsible parties for
each work plan component.
--Identifies parties who will take
the lead in carrying out the work
plan commitments for each work
plan component.
COMMENTS: ............ ...........
---------
Criteria 6-9 (Maximum Score for Criteria 6-9 = 200)
------------------------------------------------------------------------
20 (6) The project is listed as a ............ ...........
priority implementation project or
is located in a priority watershed
identified in the Tribal NPS
management program.
If Yes, Value = 5 If No, Value = 0 ............ ...........
---------
10 (7) The project includes ............ ...........
cooperation and/or a combination
of resources with other programs,
parties, and agencies to provide
additional technical and/or
financial assistance.
If Yes, Value = 5 If No, Value = 0 ............ ...........
---------
5 (8) The project is designed to ............ ...........
achieve load allocations for which
an approved NPS TMDL has been
developed (or the NPS components
of mixed-source TMDLs).
If Yes, Value = 5 If No, Value = 0 ............ ...........
---------
5 (9) The project is designed to ............ ...........
implement a watershed-based plan
that is designed to restore NPS-
impaired waters.
FACTORS: ............ ...........
--The extent to which the plan
includes each component of a
watershed-based plan as identified
in EPA's FY 2004 Nonpoint Source
Program and Grants Guidelines for
States and Territories.
COMMENTS: ............ ...........
---------
TOTAL SCORE
------------------------------------------------------------------------
Any Additional Comments:
[FR Doc. 04-27986 Filed 12-21-04; 8:45 am]
BILLING CODE 6560-50-P