Federal Register / Vol. 65, No. 229 / Tuesday, November 28, 2000 / Notices 70899

ENVIRONMENTAL PROTECTION

AGENCY

[FRL–6908–9]

Supplemental Guidelines for the Award

of Section 319 Nonpoint Source Grants

in FY 2001

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of availability.

SUMMARY: EPA has developed guidelines

for the award of Clean Water Act

Section 319 nonpoint source grants in

FY 2001. The guidelines are intended to

assist States, Territories, and Tribes in

identifying the process and criteria to be

used in distributing FY 2001 319 grants.

The process and criteria are generally

the same as were used last year, which

are provided in four documents:

Nonpoint Source Program and Grants

Guidance for Fiscal Years 1997 and

Future Years (May 1996); Process and

Criteria for Funding State and

Territorial Nonpoint Source

Management Programs in FY 1999

(August 18, 1998); Funding the

Development and Implementation of

Watershed Restoration Action Strategies

under Section 319 of the Clean Water

Act (December 4, 1998); and

Supplemental Guidance for the Award

of Section 319 Nonpoint Source Grants

in FY 2000 (December 21, 1999). The

guidance provided by each of these four

documents remains fully in effect

except to the extent that they are

specifically modified in today’s

guidelines.

DATES: The guidelines are effective

November 28, 2000.

ADDRESSES: Persons requesting

additional information or a complete

draft of the document should contact

Stacie Craddock at (202) 260–3788;

craddock.stacie@epa.gov; or U.S.

Environmental Protection Agency

(4503–F), 1200 Pennsylvania Avenue,

NW., Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT:

Persons requesting additional

information or a complete draft of the

document should contact Stacie

Craddock at (202) 260–3788;

craddock.stacie@epa.gov; or U.S.

Environmental Protection Agency

(4503–F), 1200 Pennsylvania Avenue,

NW., Washington, DC 20460. The

complete text of today’s guidelines, as

well as each of the supplemental

documents listed below, is also

available on EPA’s Internet site on the

Nonpoint Source Control Branch

homepage <http://www.epa.gov/owow/

nps>.

SUPPLEMENTARY INFORMATION: Congress

enacted Section 319 of the Clean Water

Act in 1987, establishing a national

program to control nonpoint sources of

water pollution. Section 319 authorizes

EPA to issue annual grants to States,

Territories, and Tribes who have EPAapproved nonpoint source assessment

reports and nonpoint source

management programs. Section 319

requires States, Territories and Tribes to

provide at least a 40 percent nonFederal dollar match.

The Section 319 grants process,

criteria, and schedules are set forth in

four documents: Nonpoint Source

Program and Grants Guidance for Fiscal

Years 1997 and Future Years (May

1996); Process and Criteria for Funding

State and Territorial Nonpoint Source

Management Programs in FY 1999

(August 18, 1998); Funding the

Development and Implementation of

Watershed Restoration Action Strategies

under Section 319 of the Clean Water

Act (December 4, 1998); and

Supplemental Guidance for the Award

of Section 319 Nonpoint Source Grants

in FY 2000 (December 21, 1999).

The Nonpoint Source Program and

Grants Guidance for Fiscal Years 1997

and Future Years (May 1996) is a

product of joint discussions in 1995 and

1996, with representatives of EPA

Headquarters, Regions and the States,

under the auspices of the Association of

State and Interstate Water Pollution

Control Administrators (ASIWPCA).

These discussions resulted in new

national Section 319 program and grant

guidance jointly signed by EPA and

ASIWPCA and issued by EPA on May

16, 1996. The guidance reflects a joint

commitment to upgrade States’ and

Territories’ nonpoint source

management programs to incorporate

nine key program elements designed to

achieve and maintain beneficial uses of

water.

On August 18, 1998, Robert H.

Wayland III (Director, Office of

Wetlands, Oceans, and Watersheds)

issued a memorandum entitled Process

and Criteria for Funding State and

Territorial Nonpoint Source

Management Programs in FY 1999. This

document supplemented the 1996

guidance with guidelines for the use of

incremental (in excess of $100 million

appropriated by Congress) Section 319

nonpoint source grants in FY 1999.

These guidelines were consistent with

the goals of the Clean Water Action

Plan, released by the President in

February 1998. A central aspect of the

Clean Water Action Plan is its set of

actions that are designed to promote a

renewed focus by States, Territories,

and Tribes to identify watersheds with

the most critical water quality problems

and to work together to focus resources

and implement effective strategies to

solve these problems. A key way in

which States, Territories, and Tribes

would do this is to create Unified

Watershed Assessments that identify

watersheds that do not meet clean water

and other natural resource goals and

where preventative action is needed to

sustain water quality and aquatic

resources, and to develop Watershed

Restoration Action Strategies for

watersheds most in need of restoration.

In accordance with the Clean Water

Action Plan and the August 1998

guidelines, States and Territories were

to focus incremental Section 319 grant

funds on implementing their Watershed

Restoration Action Strategies.

A subsequent memorandum issued by

Robert Wayland on December 4, 1998,

entitled Funding the Development and

Implementation of Watershed

Restoration Action Strategies under

Section 319 of the Clean Water Act,

expanded upon and reiterated the need

for States and Territories to use their

incremental Section 319 grant funds to

support implementation of actions

called for in Watershed Restoration

Action Strategies.

On December 21, 1999, Robert

Wayland issued a memorandum entitled

Supplemental Guidance for the Award

of Section 319 Nonpoint Source Grants

in FY 2000. The guidance was intended

to supplement the three aforementioned

documents by adding discussion on: use

of Section 319 funds for animal feeding

operation strategies; increase of grant

funds available to Indian Tribes; use of

incremental Section 319 grant funds for

Watershed Restoration Action

Strategies; and use of Section 319 grant

funds to support Clean Lakes activities

and American Heritage Rivers; and

discussion of possible expansion of the

computer-based Grants Reporting and

Tracking System.

The guidance provided by each of

these four documents remains fully in

effect except to the extent that they are

specifically modified in this year’s

supplemental guidelines, as

summarized immediately below:

1. The incremental $100 million may

be used to implement the nonpoint

source components of total maximum

daily loads (TMDLs) in all watersheds

and of watershed restoration action

strategies in Category I watersheds.

2. The $38 million additional funds

appropriated by Congress for FY 2001

may be used to implement projects to

control nonpoint source pollution

throughout the State, Territory or Tribe.

In other words, these additional funds

are treated as part of the ‘‘base funds’’,

70900 Federal Register / Vol. 65, No. 229 / Tuesday, November 28, 2000 / Notices

for a total base amount of $134.5 million

for States. EPA strongly encourages the

States and Territories to use these

additional funds to implement WRASs

in Category I watersheds and to

implement TMDLs throughout the State.

3. Regions should include in each 319

grant a written determination that the

State, Territory, or Tribe has made

satisfactory progress during the previous

year to meet the schedule of milestones

specified by the State, Territory, or

Tribe in its nonpoint source

management program.

4. For each State or Territory that has

a conditionally approved coastal

nonpoint pollution control program

under Section 6217 of the Coastal Zone

Act Reauthorization Amendments of

1990 (CZARA), the Section 319 grant

will provide that at least $100,000 of the

grant dollars will be devoted to specific

actions that are designed to meet all

outstanding conditions.

The full text of the Supplemental

Guidelines for the Award of Section 319

Nonpoint Source Grants in FY 2001 is

published below.

Dated: November 21, 2000.

Robert H. Wayland III,

Director, Office of Wetlands, Oceans, and

Watersheds.

Memorandum

Subject: Supplemental Guidelines for

the Award of Section 319 Nonpoint

Source Grants in FY 2001.

From: Robert H. Wayland III, Director,

Office of Wetlands, Oceans, and

Watersheds.

To: EPA Regional Water Division

Directors, State and Interstate Water

Quality Program Directors.

I am pleased to inform you that

Congress has appropriated $238 million

in FY 2001 for States, Territories, and

Tribes to help them implement their

nonpoint source (NPS) management

programs under Section 319 of the

Clean Water Act (CWA). This funding

increase of $38 million will enable the

States, Territories, and Tribes to

strengthen their efforts to implement

effective, upgraded NPS programs. This

memorandum provides guidelines for

the award of the grants under Section

319(h) in FY 2001. We have also

attached in Appendix A the allocations

for each State and Territory based upon

the long-standing 319 allocation

formula, including a set-aside for Tribes

with approved NPS programs.

Nonpoint Source Grants to Indian

Tribes

EPA is extremely pleased that in FY

2001, at EPA’s request, Congress has

again authorized removal of the 1⁄3%

cap in Section 518(f) on awarding

nonpoint source grants to Indian Tribes.

We are very pleased with the number of

excellent Tribal grant proposals that we

received in FY 2000, which exceeded

the $2.5 million provided for Tribal

nonpoint source grants in FY 2000. In

light of our experience in FY 2000, we

are setting aside $6 million for grants to

Tribes in FY 2001. We are currently

preparing a separate memorandum

detailing the funding process that will

be used in FY 2001 to make Section 319

grant awards to Tribes. We are currently

circulating a draft of that memorandum

to EPA Regions and to Tribes for review

and comment prior to finalizing the

memorandum.

States’ and Territories’ Upgraded

Nonpoint Source Programs

I would like to take this opportunity

to express my great appreciation and

admiration for the fine work that the

States and Territories have done during

the past several years to upgrade their

nonpoint source management programs.

I am confident that these upgraded

programs will provide the basis for

accelerating our success in solving NPS

problems and in achieving our water

quality goals.

The States’ and Territories’ upgraded

programs collectively represent a

tremendous effort by the States and

Territories to strengthen their programs.

The increased level of effort and

sophistication of the States’ and

Territories’ programs is reflected in

many ways. First, the States and

Territories have developed objective

long-term and short-term goals and

milestones that provide a framework for

future actions over the next five, ten,

and fifteen years. Second, the States and

Territories have developed plans to

enhance their existing partnerships

among State, Territory, and Federal

agencies; industry, agriculture, and

environmental groups; and other

interested groups. Third, they have

targeted their nonpoint source funds

and technical assistance efforts to

geographic priorities, such as 303(d)-

listed waters and Category I watersheds

identified through the States’ and

Territories’ Unified Watershed

Assessments.

Other key State and Territory program

improvements include increased and

enhanced coordination with key related

programs such as the coastal nonpoint

pollution control program under Section

6217 of the Coastal Zone Act

Reauthorization Amendments of 1990

(CZARA); new and increased State

funding programs to address nonpoint

sources well above the levels needed to

match the Federal 319 dollars, including

both significant new State nonpoint

source funding programs as well as the

increased use of State revolving loan

funds in many States to address

nonpoint source pollution; and

increased development of new State and

Territory enforcement authorities to

address high-priority problems such as

animal waste and stormwater.

EPA Headquarters staff have begun to

prepare brief summaries of the most

salient aspects of each approved State

and Territory’s upgraded nonpoint

source program, and we will forward

them to each of you when they are

complete.

State/EPA NPS Partnership

To build upon this success, the States

and EPA have developed and are

beginning to implement a new State/

EPA NPS Partnership. The purpose of

this new cooperative process is to

identify, prioritize, and address the

needs of States, Territories, and Tribes

for technical, programmatic, and

financial assistance to overcome any

remaining obstacles to successfully

implementing your nonpoint source

programs. Building upon the three-day

meeting that EPA and the Association of

State and Interstate Water Pollution

Control Administrators (ASIWPCA)

held in April 2000 in Riverside,

California, we have formed seven work

groups that have already begun the work

of identifying the States’, Territories’,

and Tribes’ highest needs and jointly

developing and implementing

appropriate plans and strategies to

address those needs. The work groups

are:

1. Watershed Planning and

Implementation, including total

maximum daily loads (TMDLs)

2. Rural Nonpoint Sources

3. Urban Nonpoint Sources

4. NPS Grants Management

5. NPS Capacity Building and Funding

6. Information Transfer and Outreach

7. NPS Results (discussed below)

I am pleased that, to date, many State

and EPA Regional staff have already

volunteered to co-chair or join one or

more of the seven work groups that are

guiding this State/EPA NPS Partnership.

I welcome you to encourage additional

State, Territorial and Tribal experts to

get involved in this process and provide

assistance in solving our remaining

nonpoint source problems. Any experts

interested in getting involved should

contact either Dov Weitman, Chief of

EPA’s Nonpoint Source Control Branch

Chief, at (202) 260–7088,

weitman.dov@epa.gov, or Linda

Eichmiller, Deputy Director of

ASIWPCA, at (202) 898–0905,

l.eichmiller@asiwpca.org.

Federal Register / Vol. 65, No. 229 / Tuesday, November 28, 2000 / Notices 70901

General Guidelines for NPS Grants Are

Unchanged in FY 2001

The Section 319 grants process and

criteria to be used in FY 2001 are

generally the same as were used last

year. The process, criteria, and

schedules are set forth in four

documents: (1) Nonpoint Source

Program and Grants Guidance for Fiscal

Years 1997 and Future Years (May

1996); (2) Process and Criteria for

Funding State and Territorial Nonpoint

Source Management Programs in FY

1999 (August 18, 1998); (3) Funding the

Development and Implementation of

Watershed Restoration Action Strategies

under Section 319 of the Clean Water

Act (December 4, 1998); and

Supplemental Guidance for the Award

of Section 319 Nonpoint Source Grants

in FY 2000 (December 21, 1999). The

guidance provided by each of these four

documents remains fully in effect

except to the extent that they are

specifically modified in this

memorandum, as summarized

immediately below:

1. The incremental $100 million may

be used to implement the nonpoint

source components of TMDLs in all

watersheds and of watershed restoration

action strategies in Category I

watersheds.

2. The States and Territories will

receive an additional $34.5 million

above the FY 2000 level of $200 million;

Tribes will receive an additional $3.5

million that is being added to the Tribal

set-aside to provide a total of $6 million

for Tribes in FY 2001. Each State and

Territory may use its additional funds to

implement projects to control nonpoint

source pollution throughout the State or

Territory. In other words, these

additional funds are treated as part of

the ‘‘base funds’’, for a total base

amount of $134.5 million for States.

However, EPA strongly encourages the

States and Territories to use these new

funds to implement WRASs in Category

I watersheds and to implement TMDLs

throughout the State or Territory. In

other words, they may be spent in the

same manner as the other $100 million

of ‘‘base funds’’.

3. Regions should include in each 319

grant a written determination that the

State, Territory, or Tribe has made

satisfactory progress during the previous

year to meet the schedule of milestones

specified by the State, Territory, or

Tribe in its nonpoint source

management program.

4. For each State or Territory that has

a conditionally approved coastal

nonpoint pollution control program

under Section 6217 of the Coastal Zone

Act Reauthorization Amendments of

1990 (CZARA), the Section 319 grant

will provide that at least $100,000 of the

grant dollars will be devoted to specific

actions that are designed to meet all

outstanding conditions.

Each of the documents listed above is

attached to the electronic version of this

memorandum and also may be reviewed

online or downloaded from the

nonpoint source website at

www.epa.gov/owow/nps.

Watershed Restoration Action

Strategies and TMDLs

As discussed in my December 21,

1999, memorandum and the Clean

Water Action Plan, the incremental 100

million Section 319 dollars are to be

used to implement Watershed

Restoration Action Strategies (WRASs)

to control nonpoint source pollution. As

in the previous two years, however,

States and Territories may use up to 20

percent of the incremental funds (as

well as up to 20 percent of the ‘‘base’’

funds) to develop WRASs. We

recommend that EPA Regions and the

States and Territories review the

Framework for developing Unified

Watershed Assessments (‘‘UWA’’) and

Watershed Restoration Action Strategies

(June 9, 1998), and the memorandum,

‘‘Unified Watershed Assessment

Framework: 2000 Supplement’’,

published jointly by USDA and EPA on

November 30, 1999.

In FY 1999 and 2000, we recognized

that many States and Territories had not

completed development of WRASs or

may have completed development of

only one or two. Therefore, we

authorized the funding of critical

components of a WRAS that is not yet

complete but that the State or Territory

has committed to completing, provided

that those components have been

developed and are ready for

implementation. We encouraged States

and Territories to begin funding the

implementation of nonpoint source

components of TMDLs that have been

approved under Section 303(d) of the

Clean Water Act in Category I

watersheds. Similarly, we stated that

implementation of CZARA Section 6217

management measures in Category I

watersheds, or of a program that

addresses the results of a completed

source water assessment, should be

considered for funding prior to

completion of the entire WRAS.

In my December 21, 1999,

memorandum, I stated our expectation

that, beginning with the FY 2001 grants

cycle, only completed or fully drafted

WRASs in Category I watersheds would

be eligible for funding with the

incremental Section 319 dollars. I am

reiterating at this time that the

incremental ($100 million) FY 2001

funds may be used only to implement

completed or fully drafted WRASs, or to

develop WRASs (using up to 20% of the

incremental funds), with one exception

discussed immediately below.

It is apparent to all of us who are

working in nonpoint source

management and, more generally,

watershed management, that TMDLs

have become a critical tool for

addressing water quality impairments at

the watershed level. This fact has

manifested itself on many levels. First,

as indicated above, most State and

Territory nonpoint source programs

have been re-aligned in the past few

years to focus on implementing

watershed projects that help solve

identified water quality problems in

high-priority waters, most of which are

listed by the States and Territories

under Section 303(d) of the Clean Water

Act. Second, many WRASs themselves

are being developed on a foundation

established by a TMDL or set of TMDLs.

Third, most States’ TMDL programs

have by now been the subject of

litigation that has resulted in court

orders which require the development

of TMDLs that address both point

sources and nonpoint sources in

accordance with expeditious schedules.

All of these factors have properly

focused greatly increased attention on

solving identified water quality

problems in impaired waters.

These factors all point to the need to

increasingly focus Section 319 grant

dollars on implementing approved

TMDLs, under EPA’s existing effective

TMDL regulations and guidance, for

nonpoint sources. Most Section 303(d)

waters are contained in UWA Category

I watersheds. However, where a

waterbody impaired by nonpoint

sources is not contained within a

Category I watershed, EPA believes that

it is essential that the waterbody be

eligible for incremental 319 funds to

help bring the waterbody back into

compliance with water quality

standards. Therefore, beginning in FY

2001, incremental Section 319 funds

may be used to fund: (1) the

development of WRASs and the

implementation of completed or fully

drafted WRASs in Category I

watersheds, and (2) the development

and implementation of approved

TMDLs for any 303(d)-listed

waterbodies.

States and Territories may use up to

20% of both the base and incremental

dollars to fund the development of the

nonpoint source components of WRASs

and TMDLs and to conduct related

assessment activitites; at least 80% of

the funds must be used for

70902 Federal Register / Vol. 65, No. 229 / Tuesday, November 28, 2000 / Notices

implementation activities. We recognize

the importance of TMDL development

activities. For that reason, EPA has not

only made 20% of both the base and

incremental Section 319 funding

available for this purpose, but EPA also

requested, and Congress has

appropriated, significantly increased

funding under Section 106 of the CWA

that can be used for TMDL

development. With regard to the

remaining 80% of Section 319 funds,

however, it is essential that they be

devoted to the primary purpose of

Section 319—implementing actions that

will directly assist in solving identified

nonpoint source pollution problems.

One question that is likely to arise

this year is how the additional $34.5

million that is being awarded to States

and Territories in FY 2001 should be

classified and spent. EPA’s request to

Congress for an increase in FY 2001

Section 319 funds was intended to

provide further support for States and

Territories to solve their high-priority

water quality problems. EPA is

providing States and Territories with

the flexibility to select those

implementation activities that they

believe are of the highest priority. EPA

encourages States and Territories to use

these funds, like the incremental $100

million, to implement WRASs in

Category I watersheds and TMDLs to

restore 303(d)-listed waterbodies.

Finally, as indicated in the preceding

paragraph, States and Territories may

use up to 20% of the additional $34.5

million for assessment and development

activities, including the development of

TMDLs and WRASs.

Like last year, Section 319(h) grants to

States and Territories in FY 2001 should

clearly indicate which activities will be

implemented using the base funds

($134.5 million) and which projects will

be supported by the incremental ($100

million) funds. The work plans should

clearly identify: (1) The Category I

watersheds and sub-watersheds where

the incremental funds will be used to

implement WRASs and TMDLs, and (2)

the activities to be undertaken to assist

in the assessment and development of

WRASs and TMDLs. Activities

supported by the incremental funds

should be separately tracked.

State and Territory Coastal Nonpoint

Pollution Control Programs

In 1997 and 1998, EPA and the

National Oceanic and Atmospheric

Administration (NOAA) approved,

subject to certain conditions, the coastal

nonpoint pollution control programs

(‘‘coastal nonpoint programs’’) that

States and Territories submitted

pursuant to Section 6217(a) of the

Coastal Zone Act Reauthorization

Amendments of 1990 (CZARA). Under

CZARA, States and Territories were

required to include in their coastal

nonpoint programs (1) management

measures in conformity with the

guidance published by EPA as required

by Section 6217(g) of CZARA, and (2)

enforceable policies and mechanisms

that ensure implementation of the

management measures. The NOAA/EPA

approval documents contained findings

that identified those management

measures with which the State’s or

Territory’s program did or did not

conform, and those measures for which

the program did or did not have

enforceable policies and mechanisms

that ensure implementation.

Some States’ and Territories’

conditional approvals have recently

expired, and many more are set to

expire during the next year. For the

reasons discussed below, and subject to

the further conditions discussed below,

NOAA and EPA have decided to grant

these States and Territories, where

needed, no more than an additional two

years to complete the development and

obtain full approval of their coastal

nonpoint program. The most significant

condition is that any FY 2001 Section

319 grant to a State or Territory that has

conditional approval of its CZARA

program must include a provision that

the State or Territory will devote at least

$100,000 of its FY 2001 319 grant

dollars to specific actions that are

designed to meet all outstanding

conditions.

Discussion

In 1997 and 1998, twenty-nine States

and Territories received ‘‘conditional

approval’’ of their coastal nonpoint

programs in accordance with the

provisions of CZARA and NOAA/EPA

guidance. This effectively stayed the

provisions of Section 6217(c) that

provide for grant reductions for

unapproved programs. Each State’s or

Territory’s conditions required the State

or Territory to address identified

shortcomings in its management

measures or in its enforceable policies

and mechanisms to ensure

implementation of particular

management measures. Each condition

stated a deadline for completion,

generally within 3 years after

conditional approval and, in a few

instances, up to 5 years.

Despite significant efforts by many

States and Territories to complete the

development of their coastal nonpoint

programs, only three States and one

Territory have received full approval to

date. Fourteen States and Territories are

scheduled to have all of their conditions

expire by the end of 2000. Eleven other

States and Territories will have all of

their conditions expire sometime in

2001.

NOAA and EPA recognize that many

States and Territories have encountered

significant difficulties in completing the

program development process

expeditiously, for instance:

• Appropriations for State and

Territory participation have been

limited and no new appropriations were

provided to NOAA and EPA for program

development support purposes;

• The statute sets ambitious goals that

address a number of politically difficult

issues such as imposing a mandatory

‘‘enforceable policy’’ approach on

traditionally voluntary programs;

• There has been, in some states, a

lack of support for the adoption of

specific nonpoint source management

measures.

NOAA and EPA recognize these

limitations, but agree that in the interest

of improving the quality of coastal

waters and other coastal resources,

efforts to adopt full CZARA programs

should continue. We have thus

established the following process to

assist States and Territories in a

cooperative effort to achieve a goal of

attaining full approval as soon as

possible within the next two years,

recognizing that for some States and

Territories the completion of products is

the only principal action delaying

approval.

Approach

On page 5 of the 1995 guidance

entitled ‘‘Flexibility Guidance for State

Coastal Nonpoint Programs’’, NOAA

and EPA stated that States and

Territories may receive ‘‘up to five years

after conditional approval to meet

conditions. * * *’’ In light of the

current expectation that a significant

majority of States and Territories that

were given 3-year conditions will not

meet these conditions prior to their

expiration dates, NOAA and EPA

believe that it is in the best interest of

assuring the completion of robust State

and Territory CZARA programs to

extend the current conditions up to a

total of no more than 5 years where

needed. This action is in conformance

with the five year timeframe authorized

in the 1995 guidance, and will be

coupled with the steps outlined below

to help the States and Territories meet

all conditions by the end of their overall

5-year conditional approval period:

1. Draft National Report

a. By early 2001, NOAA and EPA will

issue a draft National Report on the

current status of each of the

Federal Register / Vol. 65, No. 229 / Tuesday, November 28, 2000 / Notices 70903

conditionally approved State and

Territory programs. The report will

highlight State and Territory successes

and obstacles in developing and

implementing coastal nonpoint

programs to protect coastal waters and

will also include a State-by-State

summary of the conditions that remain

and the necessary actions to be taken to

meet the conditions. Additionally, in

certain cases, activities taking place in

other related programs (e.g.,

implementation of TMDLs in coastal

waters that will simultaneously address

additional management measures

intended to protect coastal water

quality, and implementation of

stormwater construction management

measures under Phase II of the NPDES

stormwater program) may expedite the

completion of the conditions, and these

programs and activities will be reflected

in the National Report.

b. NOAA and EPA will provide the

States, Territories, and other interested

persons an opportunity to review and

comment on the draft National Report.

After receiving the comments and

making appropriate changes, NOAA and

EPA will publish the final report by late

Spring 2001.

2. EPA and NOAA, having identified

those States and Territories that are

currently close to obtaining full

approval, will target assistance to those

programs to achieve approval within the

next year.

3. EPA, NOAA, and each State and

Territory will develop a workplan to

address the significant remaining issues

in each State and Territory, with the

intension of achieving full approval as

soon as feasible but in all cases within

the two-year extension.

4. By late Spring, 2001, EPA and

NOAA will, working closely with the

States and Territories, develop a

National Strategy to assist the States and

Territories in achieving full approval of

their programs. This National Strategy

will include a summary of the State and

Territory workplans identified in item 3

immediately above; recommended

approaches to provide financial or other

incentives to promote States’ and

Territories’ progress in completing their

programs; and targeted technical

assistance workshops that address those

management measures or other issues

that have proven the most difficult for

State and Territory coastal nonpoint

programs to successfully address.

5. To assure that States and Territories

make progress over the next two years,

EPA and NOAA will, in FY 2001 grants,

direct that the States and Territories

dedicate a reasonable portion of their

grant funds towards finalizing these

programs. Specifically, EPA will direct

that each State and Territory with

conditional approval must devote at

least $100,000 of its FY 2001 319 grant

dollars to specific actions that are

designed to meet all outstanding

conditions (and, for the four States that

do not yet have conditional approval, to

develop new coastal nonpoint

programs) for NOAA and EPA approval.

NOAA will use its grant process under

its laws to achieve corresponding

dedication of funds to meet all

outstanding conditions.

To effectuate this requirement, the FY

2001 Section 319 grants issued by EPA’s

regional offices to States and Territories

that have conditional approval at the

time the grants are issued will include

the following grant condition:

‘‘[Name of State or Territory] will

devote at least $100,000 of its FY 2001

Section 319 grant dollars to specific

actions that are designed to meet all

outstanding Section 6217 conditions in

its conditional approval under Section

6217 of CZARA. This grant condition

will expire immediately upon full EPA

approval of [name of State or

Territory]’s coastal nonpoint program.’’

Conclusion

The development and implementation

of fully approved CZARA programs

provides to States and Territories an

excellent opportunity to realize their

goals of achieving cleaner coastal waters

through the implementation of the best

available, economically achievable

practices that have been proven to work.

Moreover, these will help strengthen the

set of tools that States and Territories

utilize to implement their recently

upgraded nonpoint source management

programs under Section 319 of the

CWA.

Reporting NPS Results

Working under the umbrella of the

newly formed EPA/State NPS

Partnership discussed above, EPA and

the States have formed a Nonpoint

Source Results Workgroup, whose first

task is to reevaluate and, as appropriate,

revise the current reporting

requirements for Section 319 grants.

With the ever-increasing amount of

Section 319 funds (over a billion dollars

appropriated in FY 1990–2000), EPA

and the States and Territories must be

able to assure the public and the

Congress that the funds are being used

in both a legally appropriate and

environmentally effective manner. This

work group met in St. Louis in February

2000 and has held several conference

calls since that time to develop an

agreed-upon set of appropriate data

elements that will do the best job, with

the least burden, of telling us and our

constituencies what we are

accomplishing with the funds. Once the

work group has developed a workable

draft proposal, we intend to provide a

thorough opportunity for all States,

Territories and EPA Regions to review

and comment on the proposal before it

is implemented.

We intend that the revised set of NPS

reporting elements will be implemented

beginning with the FY 2001 grants

cycle. We will modify the associated

computer-based data system, the Grants

Reporting and Tracking System (GRTS),

to accommodate the modified data

elements that are to be reported. In

addition, to provide a broad variety of

user benefits, we have just begun efforts

to Web-enable GRTS. (This system will

still require protected passwords to

enter and use the system, to assure data

integrity.) We anticipate that this effort

will be completed within 6 months.

Furthermore, we plan to link GRTS with

the new data system being constructed

for both section 305(b) and 303(d) data

(called WATERS, which in turn will be

supported by the Comprehensive

Assessment and Listing Methodology, or

CALM). Thus, 319-funded watershed

projects will be linked through geolocational data to water quality status

and improvement data contained in

WATERS, providing a long-term ability

to relate actions on the ground to

improvements in water quality.

Determining Satisfactory Progress

Section 319(h)(8) of the CWA

provides that no Section 319 grant may

be made to a State (or Territory) in any

fiscal year unless the Administrator

‘‘determines that such State made

satisfactory progress in such preceding

fiscal year in meeting the schedule

specified by such State under

subsection (b)(2).’’ Section 319(b)(2)

provides that States’ and Territories’

approved Section 319 management

programs shall include:

A schedule containing annual milestones

for (i) utilization of the program

implementation methods identified in

subparagraph (B), and (ii) implementation of

the best management practices identified in

subparagraph (A) by the categories,

subcategories, or particular nonpoint sources

designated under paragraph (1)(B). Such

schedule shall provide for utilization of the

best management practices at the earliest

practicable date.

The May 1996 Nonpoint Source

Program and Grants Guidance explains:

‘‘The Region will determine, based on

review of annual reports, other

documents and discussions with the

State, whether the State’s progress for

the previous fiscal year was

satisfactory.’’ The guidance does not,

70904 Federal Register / Vol. 65, No. 229 / Tuesday, November 28, 2000 / Notices

however, state what form the

determination must take. In discussions

with the Regions, we have noted the

Regions have adopted various methods

to make determinations of satisfactory

progress. We are providing the

following guidelines to assure that all

319 grants comport with applicable

legal requirements.

Beginning in FY 2001, Regions should

include in each Section 319 grant (or in

a separate document, such as the grantissuance cover letter, that is signed by

the same EPA official who signs the

grant), a written determination that the

State or Territory has made satisfactory

progress during the previous fiscal year

to meet the schedule of milestones

specified by the State or Territory in its

nonpoint source management program.

Regions should base these

determinations on annual reports, midyear and end-of-year reviews, and other

documents and discussions with the

State or Territory that provide

information relevant to making these

determinations, and should include a

brief explanation that supports their

determinations.

Conclusion

With the new grants cycle in FY 2001,

we are entering the second decade of

nonpoint source program

implementation. With newly upgraded

State programs, enlarged resources that

are targeted more effectively than ever

before, and a broad array of technical,

programmatic, and regulatory tools, I

envision that our successes during the

next ten years in restoring waterbodies

impaired by nonpoint source pollution

and protecting threatened waters from

nonpoint source pollution will

accelerate and eclipse those of the

previous decade. I look forward to

working with you to make this vision a

reality.

If you have any questions or

comments, please contact me at 202–

260–7166 or wayland.robert@epa.gov, or

have your staff contact Dov Weitman,

Chief of the Nonpoint Source Control

Branch, at 202–260–7088 or

weitman.dov@epa.gov.

Attachments (to the Emailed Version of

This Guidance)

1. Nonpoint Source Program and Grants

Guidance for Fiscal Years 1997 and

Future Years (May 1996)

2. Process and Criteria for Funding State

and Territorial Nonpoint Source

Management Programs in FY 1999

(August 18, 1998)

3. Funding the Development and

Implementation of Watershed

Restoration Action Strategies under

Section 319 of the Clean Water Act

(December 4, 1998)

4. Supplemental Guidance for the

Award of Section 319 Nonpoint

Source Grants in FY 2000

(December 21, 1999)

cc: State Nonpoint Source

Coordinators

EPA Regional Water Quality Branch

Chiefs

EPA Regional Nonpoint Source

Coordinators

EPA Regional Clean Lakes

Coordinators

Kathy Gorospe

Robbi Savage (ASIWPCA)

Appendix A

FY2001 § 319 GRANT ALLOCATIONS

Base Increment Total

REGION 1 7,512.7 5,691.3 13,204.0

CONNECTICUT ....................................................................................................................................... 1,291.8 978.6 2,270.4

MAINE ...................................................................................................................................................... 1,549.0 1,173.5 2,722.5

MASSACHUSETTS ................................................................................................................................. 1,790.0 1,356.0 3,146.0

NEW HAMPSHIRE .................................................................................................................................. 1,009.1 764.4 1,773.5

RHODE ISLAND ...................................................................................................................................... 895.1 678.1 1,573.2

VERMONT ............................................................................................................................................... 977.7 740.7 1,718.4

REGION 2 7,790.6 5,902.0 13,692.6

NEW JERSEY ......................................................................................................................................... 2,202.1 1,668.3 3,870.4

NEW YORK ............................................................................................................................................. 4,492.4 3,403.3 7,895.7

PUERTO RICO ........................................................................................................................................ 739.5 560.2 1,299.7

VIRGIN ISLANDS .................................................................................................................................... 356.6 270.2 626.8

REGION 3 11,480.9 8,697.6 20,178.5

DELAWARE ............................................................................................................................................. 947.6 717.9 1,665.5

DIST. OF COL. ........................................................................................................................................ 825.3 625.2 1,450.5

MARYLAND ............................................................................................................................................. 1,763.0 1,335.6 3,098.6

PENNSYLVANIA ..................................................................................................................................... 3,887.7 2,945.2 6,832.9

VIRGINIA ................................................................................................................................................. 2,601.0 1,970.4 4,571.4

WEST VIRGINIA ...................................................................................................................................... 1,456.3 1,103.3 2,559.6

REGION 4 22,900.4 17,348.8 40,249.2

ALABAMA ................................................................................................................................................ 2,592.9 1,964.4 4,557.3

FLORIDA ................................................................................................................................................. 5,177.3 3,922.2 9,099.5

GEORGIA ................................................................................................................................................ 3,088.9 2,340.1 5,429.0

KENTUCKY ............................................................................................................................................. 2,262.5 1,714.0 3,976.5

MISSISSIPPI ............................................................................................................................................ 2,536.4 1,921.5 4,457.9

N. CAROLINA .......................................................................................................................................... 3,074.3 2,329.0 5,403.3

S. CAROLINA .......................................................................................................................................... 2,063.1 1,562.9 3,626.0

TENNESSEE ........................................................................................................................................... 2,105.0 1,594.7 3,699.7

REGION 5 24,268.4 18,385.1 42,653.5

ILLINOIS .................................................................................................................................................. 5,440.3 4,121.4 9,561.7

INDIANA .................................................................................................................................................. 2,964.7 2,246.0 5,210.7

MICHIGAN ............................................................................................................................................... 3,864.4 2,927.6 6,792.0

MINNESOTA ............................................................................................................................................ 4,564.0 3,457.5 8,021.5

OHIO ........................................................................................................................................................ 4,014.1 3,041.0 7,055.1

WISCONSIN ............................................................................................................................................ 3,420.9 2,591.6 6,012.5

REGION 6 15,789.0 11,961.4 27,750.4

ARKANSAS ............................................................................................................................................. 2,599.4 1,969.2 4,568.6

LOUISIANA .............................................................................................................................................. 3,215.5 2,436.0 5,651.5

Federal Register / Vol. 65, No. 229 / Tuesday, November 28, 2000 / Notices 70905

FY2001 § 319 GRANT ALLOCATIONS—Continued

Base Increment Total

NEW MEXICO ......................................................................................................................................... 1,615.3 1,223.7 2,839.0

OKLAHOMA ............................................................................................................................................. 2,091.0 1,584.1 3,675.1

TEXAS ..................................................................................................................................................... 6,267.8 4,748.4 11,016.2

REGION 7 10,929.6 8,280.1 19,209.7

IOWA ....................................................................................................................................................... 3,023.5 2,290.6 5,314.1

KANSAS .................................................................................................................................................. 2,442.4 1,850.3 4,292.7

MISSOURI ............................................................................................................................................... 3,055.1 2,314.5 5,369.6

NEBRASKA ............................................................................................................................................. 2,408.6 1,824.7 4,233.3

REGION 8 11,280.2 8,545.6 19,825.8

COLORADO ............................................................................................................................................ 1,672.1 1,266.7 2,938.8

MONTANA ............................................................................................................................................... 1,749.8 1,325.6 3,075.4

N. DAKOTA ............................................................................................................................................. 3,192.3 2,418.4 5,610.7

S. DAKOTA .............................................................................................................................................. 2,162.9 1,638.6 3,801.5

UTAH ....................................................................................................................................................... 1,214.0 919.7 2,133.7

WYOMING ............................................................................................................................................... 1,289.1 976.6 2,265.7

REGION 9 12,436.3 9,421.5 21,857.8

ARIZONA ................................................................................................................................................. 2,170.7 1,644.5 3,815.2

CALIFORNIA ........................................................................................................................................... 7,051.6 5,342.0 12,393.6

HAWAII .................................................................................................................................................... 1,019.9 772.7 1,792.6

NEVADA .................................................................................................................................................. 1,124.3 851.7 1,976.0

TRUST TER. ............................................................................................................................................ 0.0 0.0 0.0

AM. SAMOA ............................................................................................................................................ 356.6 270.2 626.8

GUAM ...................................................................................................................................................... 356.6 270.2 626.8

MARIANAS .............................................................................................................................................. 356.6 270.2 626.8

REGION 10 7,611.9 5,766.6 13,378.5

ALASKA ................................................................................................................................................... 1,609.5 1,219.3 2,828.8

IDAHO ...................................................................................................................................................... 1,633.0 1,237.1 2,870.1

OREGON ................................................................................................................................................. 1,831.4 1,387.4 3,218.8

WASHINGTON ........................................................................................................................................ 2,538.0 1,922.8 4,460.8

TOTAL to States ............................................................................................................................... 132,000.0 100,000.0 232,000.0

Tribal ........................................................................................................................................................ 6,000.0 .................... 6,000.0

GRAND TOTAL ....................................................................................................................................... 138,000.0 100,000.0 238,000.0

[FR Doc. 00–30279 Filed 11–27–00; 8:45 am]

BILLING CODE 6560–50–U

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Administration for Children and

Families

Proposed Information Collection

Activity; Comment Request

Proposed Projects

Title: Child Care Case-Level Report.

OMB No.: 0970–0167.

Description: Section 658K of the Child

Care and Development Block Grant Act

of 1990 (Pub. L. 101–508, 42 U.S.C.

9858) requires that States and

Territories submit monthly case-level

data on the children and families

receiving direct services under the Child

Care and Development Fund. The

implementing regulations for the

statutorily required reporting are at 45

CFR 98.70. Case-level reports, submitted

quarterly or monthly (at grantee option)

include monthly sample or full

population case-level data. The data

elements to be included in these reports

are represented in the ACF–801.

Disagregate data is used to determine

program and participant characteristics

as well as costs and levels of child care

services provided. This provides ACF

with the information necessary to make

reports to Congress, address national

child care needs, offer technical

assistance to grantees, meet performance

measures, and conduct research.

Consistent with the statute and

regulations, ACF requests extension of

the ACF–801.

Respondents: States, the District of

Columbia, and Territories including

Puerto Rico, Guam, the Virgin Islands,

American Samoa, and the Northern

Marianna Islands.

ANNUAL BURDEN ESTIMATES

Instrument Number of

Respondents

Number of

Responses

per

Respondent

Average

Burden

Hours per

Response

Total

Burden

Hours

ACF–801 ................................................................................................................ 56 4 20 4,480

Estimated Total Annual Burden Hours ........................................................... .............................. .................... .................... 4,480

In compliance with the requirements

of Section 3506(c)(2)(A) of the

Paperwork Reduction Act of 1995, the

Administration for Children and

Families is soliciting public comment

on the specific aspects of the