Guidelines for Awarding Clean Water Act Section 319 Base Grants to Indian Tribes and Request for Proposals From Indian Tribes for Competitive Grants Under Clean Water Act Section 319 in FY 2007 (CFDA 66.460-Nonpoint Source Implementation Grants; Funding Opportunity Number EPA-OW-OWOW-07-1), 62441-62457 [E6-17895]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 71, Number 206 (Wednesday, October 25, 2006)]
[Notices]
[Pages 62441-62457]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-17895]



[[Page 62441]]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8234-5]


Guidelines for Awarding Clean Water Act Section 319 Base Grants 
to Indian Tribes and Request for Proposals From Indian Tribes for 
Competitive Grants Under Clean Water Act Section 319 in FY 2007 (CFDA 
66.460--Nonpoint Source Implementation Grants; Funding Opportunity 
Number EPA-OW-OWOW-07-1)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Guidelines for Section 319 Base Grants and Request 
for Proposals for Section 319 Competitive Grants.

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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 2007. 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 anticipates, pending 
enactment of its FY 2007 appropriations, awarding 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 13, 
2006. EPA expects the allocation of funds will be similar to the amount 
distributed in FY 2006, which included approximately $3.2 million in 
base grants awarded to 95 Tribes and $3.8 million awarded to 28 Tribes 
through a competitive process. Section A includes 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. In future years, EPA intends to 
post the RFP for competitive grants under section 319 at https://
www.grants.gov and on EPA's Web site at https://www.epa.gov/owow/nps/
tribal.

DATES: These guidelines are effective October 25, 2006.

FOR FURTHER INFORMATION CONTACT: Andrea Matzke, U.S. EPA, Office of 
Wetlands, Oceans, and Watersheds, Assessment and Watershed Protection 
Division, telephone: (202) 566-1155; fax: (202) 566-1331; e-mail: 
matzke.andrea@epa.gov. Also contact the appropriate EPA Regional Tribal 
NPS Coordinator identified in section B.VII and also listed on EPA's 
website under ``EPA Tribal NPS Coordinators'' at https://www.epa.gov/
owow/nps/tribal.

SUPPLEMENTARY INFORMATION:

Background

    EPA anticipates that Congress will, for the eighth year in a row, 
authorize EPA to award NPS control grants to Indian Tribes in FY 2007 
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 2006, which 
included approximately $3.2 million in base grants awarded to 95 Tribes 
and $3.8 million awarded to 28 Tribes for specific watershed projects 
through a competitive process. We believe that the FY 2006 grants were 
directed towards high-priority activities that will produce improved 
water quality. We look forward to working with Tribes again in FY 2007 
to implement successful projects addressing the extensive NPS control 
needs throughout Indian country.

Guidelines for Awarding CWA Section 319 Base Grants to Indian Tribes 
(See Section A Below)

Overview Information
    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 anticipates awarding section 319 base grants to eligible 
Tribes in the amount of $30,000 or $50,000 of Federal section 319 
funding (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 2007 (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 anticipates setting aside a portion of section 319 funds 
for competitive grant awards to Tribes for the purpose of funding the 
development and implementation of watershed-based plans and other on-
the-ground projects that result in a significant step towards solving 
NPS impairments on a watershed-wide basis. 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 25 competitive grants, subject to 
availability of funds and the quality of proposals 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

[[Page 62442]]

(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-07-1.
    Catalog of Federal Domestic Assistance (CFDA) Number: 66.460.
    Dates: Deadline EPA uses to determine eligibility to receive 
competitive 319 grants. October 13, 2006.
    Deadline for receipt of proposals in hard copy by Region or 
electronically through Grants.gov. December 19, 2006.
    Headquarters notifies Regions/Tribes of selections for competitive 
319 grants. March 5, 2007.
    Tribes submit final grant application to Region for competitive 319 
grants. April 5, 2007.
    Other than the date EPA will use to determine eligibility to 
receive 319 grants and the deadline for receipt of proposals in 
response to the RFP (Section B), the dates above are the anticipated 
dates for those actions.

Section A. Guidelines for Awarding Clean Water Act Section 319 Base 
Grants to Indian Tribes

I. General

    EPA has developed guidelines for awarding CWA section 319 base 
grants to Indian Tribes. These guidelines apply to section 319 base 
grants awarded from funds appropriated by Congress in FY 2007 and in 
subsequent years.
1. Environmental Results
    Grants awarded under these guidelines 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 2003-2008 
Strategic Plan (see https://www.epa.gov/water/waterplan/documents/
Goal2.pdf). In support of Sub-objective 2.2.1, and consistent with EPA 
Order 5700.7, Environmental Results under EPA Assistance Agreements 
(see https://www.epa.gov/ogd/grants/award/5700.7.pdf), it is anticipated 
that grants awarded under these guidelines will be expected to 
accomplish various environmental outputs and outcomes as described 
below. All proposed work plans must include specific statements 
describing the environmental results of the proposed project in terms 
of well-defined outputs, and, to the maximum extent practicable, well-
defined outcomes that demonstrate how the project will contribute to 
the overall protection and improvement of water quality.
    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 anticipated as a 
result of section 319 grant awards 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.
    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 
environmental outcomes anticipated as a result of section 319 grants to 
be awarded 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.
2. Allocation Formula
    Each eligible Tribe will receive Federal section 319 base funding 
in accordance with 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 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).
3. Eligible Activities
    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. 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 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 base and competitive NPS grants 
in FY 2007, Tribes must meet these eligibility requirements as of 
October 13, 2006, as announced in the FY 2006 guidelines on January 17, 
2006, at 71 FR 2531. To be eligible for NPS grants in years beyond FY 
2007, Tribes must meet these eligibility requirements as of the second 
Friday in October for the applicable fiscal year unless otherwise 
announced. Tribes should contact their EPA Regional Tribal NPS 
Coordinator for further information about the eligibility process (see 
section B.VII for Agency contact information and also EPA's Web site 
under ``EPA Tribal NPS Coordinators'' at https://www.epa.gov/owow/nps/
tribal).
    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

[[Page 62443]]

grants; by cash donations from non-Federal third parties; or by the 
value of third party in-kind contributions.
    EPA's regulations also provide that EPA may decrease the match 
requirement to as low as 10 percent if the Tribe can demonstrate in 
writing to the Regional Administrator that fiscal circumstances within 
the Tribe or within each Tribe that is a member of the intertribal 
consortium are constrained to such an extent that fulfilling the match 
requirement would impose undue hardship (see 40 CFR 35.635). In making 
grant awards to Tribes that provide for a reduced match requirement, 
Regions 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 Grants

1. Address To Request Application Package for Base Grants
    Grant application forms, including Standard Form (SF) 424, are 
available at https://www.epa.gov/ogd/grants/how_to_apply.htm and by 
mail upon request by calling the EPA Headquarters Grants Administration 
Division at (202) 564-5320. Tribes may also contact their EPA Regional 
Tribal NPS Coordinator for further information about the application 
process (see section B.VII for Agency contact information and also 
EPA's Web site under ``EPA Tribal NPS Coordinators'' at https://
www.epa.gov/owow/nps/tribal).
2. Content and Form of Application Submission for Base Grants
    Please note that only the proposed work plan, including all of the 
components outlined in the section immediately below, needs to be 
included in the initial application for base grants (see section A.VIII 
for deadlines and milestones for FY 2007 base grants).
    To apply for section 319 base grants, you must submit a proposed 
work plan to the appropriate EPA Regional Tribal NPS Coordinator (see 
section B.VII for Agency contact information and also EPA's Web site 
under ``EPA Tribal NPS Coordinators'' at https://www.epa.gov/owow/nps/
tribal). You may submit the proposed work plan as either a hard copy or 
an electronic submission. If you submit a hard copy proposed work plan, 
you have the option to submit it by U.S. Postal Mail, express delivery 
service, hand delivery, or courier service only. EPA will not accept 
faxed submissions. If you submit a hard copy proposed work plan, you 
are encouraged (not required) to include a compact disc (CD) with the 
electronic version of the proposed work plan. If you submit your 
proposed work plan electronically, it should be sent to the appropriate 
EPA Regional Tribal NPS Coordinator at the e-mail address listed in 
section B.VII of this announcement and also on EPA's Web site under 
``EPA Tribal NPS Coordinators'' at https://www.epa.gov/owow/nps/tribal.
    The specific content and form of the proposed work plan for the 
award of section 319 base grants is as follows:
    a. Proposed Work Plan. Tribes must submit a work plan to receive 
base funding. 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 35.507 and 35.515) as well as the grant requirements which 
specifically apply to NPS management grants (see 40 CFR 35.638). As 
provided in those regulations, and in accordance with EPA Order 5700.7, 
Environmental Results under EPA Assistance Agreements, 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, including 
anticipated environmental outputs and outcomes (as required by EPA 
Order 5700.7) and the applicant's plan for tracking and measuring its 
progress towards achieving the expected outputs and outcomes;
    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 outputs and outcomes; (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 Proposed Work Plans for Base Grants

    In FY 2007, eligible Tribes must submit to the appropriate EPA 
Regional Tribal NPS Coordinator proposed work plans for base funding by 
December 19, 2006 (see section B.VII for Agency contact information; 
Agency contact information is also posted on EPA's Web site under ``EPA 
Tribal NPS Coordinators'' at https://www.epa.gov/owow/nps/tribal). Each 
EPA Region will review the proposed work plan for base funding and, 
where appropriate, recommend improvements to the plan by January 19, 
2007. The Tribe must submit a final work plan by February 20, 2007. If 
a Tribe has not submitted an approvable work plan for base funding by 
February 20, 2007, its allocated amount will be added to the 
competitive pool which will be used to fund Tribal NPS competitive 
grants (see section B).
    Submission dates and times for proposed work plans for NPS base 
grant funding for years beyond FY 2007 are described in section A.IX 
below.

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, 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

[[Page 62444]]

Program and Grants Guidelines for States and Territories, available at 
https://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 for 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 the 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 economical 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 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

[[Page 62445]]

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. Grant Requirements
    A listing and description of general EPA regulations applicable to 
the award of assistance agreements may be viewed at https://www.epa.gov/
ogd/AppKit/appplicable_epa_regulations_and_
description.htm.
    All applicable legal requirements including, but not limited to, 
EPA's regulations on environmental program grants for Tribes (see 40 
CFR 35.500 to 35.735) and regulations specific to NPS grants for Tribes 
(see 40 CFR 35.630 to 35.638), apply to all section 319 grants.
2. 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).
    Where the stated purpose is to include the section 319 base grant 
in a PPG, a Tribe may prepare a budget and proposed work plan based 
upon the assumption that EPA will approve the waiver amount for PPGs 
under 40 CFR 35.536. 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 consultation requirement is to address 
the issue of ensuring that a project which is awarded section 319 base 
funding is implemented once commingled with other grant programs in a 
PPG.
    If the Tribe does not or cannot include the section 319 base grant 
as part of an approved PPG, or chooses to withdraw the section 319 
grant from their PPG, the Tribe must then meet the match requirements 
identified in section A.II above and, as applicable, negotiate a 
revised work plan with the EPA Regional Tribal NPS Coordinator.
3. 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 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 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 with their proposed work plan 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.) In making grant awards to Tribes who are part of 
intertribal consortia, Regions must include a brief finding in the 
final award package that the Tribes have demonstrated the existence of 
the partnership and the authorization of the consortium by its members 
to apply for and receive the grant.
4. 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.
5. 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.

[[Page 62446]]

6. Satisfactory Progress
    For a Tribe 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 grant award (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 NPS management program. The Regions must include brief explanations 
that support their determinations.
7. Operation and Maintenance
    Each section 319 grant must contain a condition requiring that the 
Tribe assure that any management practices implemented for the project 
be properly operated and maintained for the intended purposes during 
its life span. Operation includes the administration, management, and 
performance of non-maintenance actions needed to keep the completed 
practice safe and functioning as intended. Maintenance includes work to 
prevent deterioration of the practice, repairing damage, or replacement 
of the practice to its original condition if one or more components 
fail. Management practices and projects that are damaged or destroyed 
due to a natural disaster (e.g., earthquakes, storm events, floods, 
etc.) or events beyond the control of the grantee are exempt from this 
condition.
    The condition must require the Tribe to assure that any 
subrecipient of section 319 funds similarly include the same condition 
in the subaward. Additionally, such condition must reserve the right of 
EPA and the Tribe, respectively, to conduct periodic inspections during 
the life span of the project to ensure that operation and maintenance 
are occurring, and shall state that, if it is determined that 
participants are not operating and maintaining practices in an 
appropriate manner, EPA or the Tribe, respectively, will request a 
refund for the project supported by the grant.
    The life span of a project will be determined on a case-by-case 
basis, tailored to the types of practices expected to be funded in a 
particular project, and should be specified in the grant condition. For 
assistance in determining the appropriate life span of the project, 
Tribes may wish to examine other programs implementing similar 
practices, such as the U.S. Department of Agriculture's conservation 
programs. For example, for conservation practices, it may be 
appropriate to construct the life span consistent with the life span 
for similar conservation practices as determined by the Commodity 
Credit Corporation (pursuant to the implementation of the Environmental 
Quality Incentives Program). Following the approach used in many 
Federal funding programs, practices will generally be operated and 
maintained for a period of at least 5 to 10 years.
8. Reporting
    As provided in 40 CFR 31.40, 31.41, 35.507, 35.515, and 35.638, all 
section 319 grants must include a set of reporting requirements and a 
process for evaluating performance. Some of these requirements have 
been explicitly incorporated into the required work plan components 
that all Tribes must include in order to receive section 319 grant 
funding.
    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 NPS management programs.
    Regions will ensure that the required evaluations are performed 
according to the negotiated schedule (at least annually) and that 
copies of the performance evaluation reports are placed in the official 
files and provided to the recipient.

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 ten 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 NPS 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 NPS workshops to interested Tribes in FY 2007 (and 
beyond) 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 2007 Base Grants

------------------------------------------------------------------------
 
------------------------------------------------------------------------
Deadline for Tribes to be eligible for 319   October 13, 2006.
 grants.
Tribes submit base grant proposed work plan  December 19, 2006.
 to Region.
Region comments on Tribe's base grant        January 19, 2007.
 proposed work plan.
Tribes submit final base grant work plan to  February 20, 2007.
 Region.
Tribes submit final base grant application   April 5, 2007.
 to Region.
------------------------------------------------------------------------


[[Page 62447]]

    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 Base Grants Beyond FY 2007

    Listed below are the anticipated deadlines and milestones for NPS 
base grants for years beyond FY 2007 unless otherwise announced. The 
deadlines and milestones below refer to the dates within the particular 
fiscal year for which the Tribe is applying for NPS base grants. Each 
year, the specific dates will be posted on EPA's Web site at https://
www.epa.gov/owow/nps/tribal. Tribes should also contact their EPA 
Regional Tribal NPS Coordinator for further information about deadlines 
and milestones for years beyond FY 2007 (see EPA's Web site under ``EPA 
Tribal NPS Coordinators'' at https://www.epa.gov/owow/nps/tribal for 
Agency contact information).

------------------------------------------------------------------------
 
------------------------------------------------------------------------
Deadline for Tribes to be eligible for 319   Second Friday in October.
 grants.
Tribes submit base grant proposed work plan  First Friday in December.
 to Region.
Region comments on Tribe's base grant        Second Wednesday in
 proposed work plan.                          January.
Tribes submit final base grant work plan to  Second Friday in February.
 Region.
Tribes submit final base grant application   First Wednesday in April.
 to Region.
------------------------------------------------------------------------

X. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and is therefore not 
subject to OMB review. Because this grant action is not subject to 
notice and comment requirements under the Administrative Procedures Act 
or any other statute, it is not subject to the Regulatory Flexibility 
Act (5 U.S.C. Section 601 et seq.) or sections 202 and 205 of the 
Unfunded Mandates Reform Act of 1999 (UMRA) (Pub. L. 104-4). In 
addition, this action does not significantly or uniquely affect small 
governments. Although this action does not generally create new binding 
legal requirements, where it does, such requirements do not 
substantially and directly affect Tribes under Executive Order 13175 
(63 FR 67249, November 9, 2000). This action will not have federalism 
implications, as specified in Executive Order 13132 (64 FR 43255, 
August 10, 1999). This action is not subject to Executive Order 13211, 
``Actions Concerning Regulations that Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001), because it 
is not a significant regulatory action under Executive Order 12866. 
This action does not involve technical standards; thus, the 
requirements of section 12(d) of the National Technology Transfer and 
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This action 
does not impose an information collection burden under the provisions 
of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). The 
Congressional Review Act, 5 U.S.C. 801 et seq., generally provides that 
before certain actions may take effect, the Agency promulgating the 
action must submit a report, which includes a copy of the action, to 
each House of the Congress and to the Comptroller General of the United 
States. Since this grant action contains legally binding requirements, 
it is subject to the Congressional Review Act, and EPA will submit its 
final action in its report to Congress under the Act. This applies only 
to section A of this announcement.

Section B. Request for Proposals From Indian Tribes for Competitive 
Grants Under Clean Water Act Section 319 in FY 2007 (Funding 
Opportunity Number EPA-OW-OWOW-07-1)

------------------------------------------------------------------------
 
------------------------------------------------------------------------
Deadline EPA uses to determine eligibility   October 13, 2006.
 to receive competitive 319 grants.
Deadline for receipt of proposals in hard    December 19, 2006.
 copy by Region or electronically through
 Grants.gov.
Headquarters notifies Regions/Tribes of      March 5, 2007.
 selections for competitive 319 grants.
Tribes submit final grant application to     April 5, 2007.
 Region for competitive 319 grants.
------------------------------------------------------------------------

    Other than the date EPA will use to determine eligibility to 
receive 319 grants and the deadline for receipt of proposals in 
response to this RFP, the dates above are the anticipated dates for 
those actions.

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 anticipates, pending 
enactment of its FY 2007 appropriations, setting aside a portion of 
section 319 funds for competitive grant awards to Tribes for the 
purpose of funding the development and implementation of watershed-
based plans and other on-the-ground projects that result in a 
significant step towards solving NPS impairments on a watershed-wide 
basis. 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 2003-2008 
Strategic Plan (see https://www.epa.gov/water/waterplan/documents/
Goal2.pdf). In support of Sub-objective 2.2.1, and consistent with EPA 
Order 5700.7, Environmental Results under EPA Assistance Agreements 
(see https://www.epa.gov/ogd/grants/award/5700.7.pdf), it is anticipated 
that grants awarded under this RFP will accomplish various 
environmental outputs and outcomes described below. All proposed work 
plans must include specific statements describing the anticipated 
environmental results of the proposed project in terms of well-defined 
outputs, and, to the maximum extent practicable, well-defined outcomes 
that demonstrate how the

[[Page 62448]]

project will contribute to the overall protection and improvement of 
water quality.
    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 anticipated as a 
result of 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 2007 at https://
www.epa.gov/water/waterplan/#nwp07).
    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 
environmental outcomes anticipated as a result of 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.

II. Award Information

    In FY 2006, EPA awarded approximately $3.8 million to 28 Tribes for 
specific watershed projects through a competitive process. EPA 
anticipates that the amount of competitive funding available in FY 2007 
will be similar or slightly lower than the amount available in FY 2006, 
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 25 competitive grants, 
subject to availability of funds and the quality of proposals 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 under this 
RFP 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 Agency policy, 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, 
or portion thereof, was evaluated and selected for award, and that 
maintains the integrity of the competition and the evaluation/selection 
process. EPA reserves the right to reject all proposals and make no 
award as a result of this announcement, or make fewer awards than 
anticipated. The EPA Award Official is the only official that can bind 
the Agency to the expenditure of funds for selected projects resulting 
from this announcement.

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 2007, Tribes must meet 
these eligibility requirements as of October 13, 2006.
    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 319 competitive grant.
    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 with its proposal 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 10 percent if the Tribe can demonstrate in 
writing to the Regional Administrator that fiscal circumstances within 
the Tribe or within each Tribe that is a member of the intertribal 
consortium are constrained to such an extent that fulfilling the match 
requirement would impose undue hardship. (See 40 CFR 35.635.) Where the 
stated purpose is to decrease the match requirement based upon undue 
hardship, a Tribe may prepare a budget and proposal based upon the 
assumption that EPA will approve the reduced match under 40 CFR 35.635. 
If the Tribe does not demonstrate undue hardship, the Tribe must then 
meet the 40 percent match requirement. The Tribe must also provide a 
new budget with the final grant application based upon the program's 40 
percent match requirement and the Federal award will be reduced to 
reflect the work plan and budget provided in the original proposal. The 
purpose of this requirement is to ensure that all work plan activities 
for a project which is evaluated and competitively awarded will be 
implemented as described in the original proposal.

[[Page 62449]]

    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).
    Where the stated purpose is to include the section 319 grant in a 
PPG, a Tribe may prepare a budget and proposal based upon the 
assumption that EPA will approve the waiver amount for PPGs under 40 
CFR 35.536. 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 consultation requirement is to address 
the issue of ensuring that a project which is competitively awarded is 
implemented once commingled with other grant programs in a PPG. If the 
Tribe does not or cannot include the section 319 grant as part of an 
approved PPG, or chooses to withdraw the section 319 grant from their 
PPG, the Tribe must then meet the 40 percent match requirement (or 10 
percent if undue hardship is demonstrated). The Tribe must also provide 
a new budget with the final grant application based upon the program's 
match requirement and the Federal award will be reduced to reflect the 
budget provided in the original proposal. The purpose of this 
requirement is to ensure that all work plan activities for a project 
which is competitively awarded will be implemented in accordance with 
the same budget and as described in the original proposal.
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 threshold evaluation criteria must be met in order for a 
Tribe's proposal to be evaluated under section B.V and be considered 
for award. The appropriate EPA Regional Tribal NPS Coordinator will 
notify applicants who do not meet the threshold eligibility criteria 
under this section within 15 calendar days of EPA's decision on 
applicant eligibility.
    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 proposals 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)). 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 address one of the following four factors:
    i. The work plan develops a watershed-based plan and implements a 
watershed-based plan;
    ii. The work plan develops a watershed-based plan and implements a 
watershed project (that does not implement a watershed-based plan);
    iii. The work plan implements a watershed-based plan; or
    iv. The work plan implements a watershed project that is a 
significant step towards solving NPS impairments or threats on a 
watershed-wide basis.
    e. 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 35.507 and 35.515) as well as the legal requirements that 
specifically apply to NPS management grants (see 40 CFR 35.638). As 
provided in those regulations, and in accordance with EPA Order 5700.7, 
Environmental Results under EPA Assistance Agreements, 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, including 
anticipated environmental outputs and outcomes (as required by EPA 
Order 5700.7) and the applicant's plan for tracking and measuring its 
progress towards achieving the expected outputs and outcomes including 
those 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.