[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 <a href="/cdn-cgi/l/email-protection#2546574441414a464e0b565144464c40654055440b424a53"><span class="__cf_email__" data-cfemail="294a5b484d4d464a42075a5d484a404c694c5948074e465f">[email protected]</span></a>; 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


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