FY20 Region 3 WPDG RFA final 2020 may 19.pdf

COVID-19 Update: EPA is providing flexibilities to applicants experiencing challenges related to COVID-19. Please see the Flexibilities Available to Organizations Impacted by COVID-19 clause in Section IV of EPA’s Solicitation Clauses.

Federal Agency Name: US Environmental Protection Agency, Region 3

Funding Opportunity Title: FY20 Region 3 Wetland Program Development Grants

Announcement Type: Request for Applications (RFA)

Catalog of Federal Domestic Assistance (CFDA) Number: 66.461

Funding Opportunity Number: EPA-R3-WPDG-20-02

Dates:

Application submission:

All applications must be submitted electronically through Grants.gov as explained further in Section IV. Applications must be submitted by June 30 at 11:59 P.M. ET. Late applications will not be considered for funding.

Questions submission:

Questions about this RFA must be submitted in writing via e-mail and must be received by the Agency Contact identified in Section VII, AGENCY CONTACTS, before June 19 at 11:59 P.M. Written responses to questions will be posted on the EPA’s website at:

https://www.epa.gov/wetlands/wetland-program-development-grant.

Note to Applicants: Following the EPA’s evaluation of applications, all applicants will be notified regarding their status. If you name subawardees/subgrantees and/or contractor(s) in your application to assist you with the proposed project, pay careful attention to the information in the CONTRACTS AND SUBAWARDS provisions found at https://www.epa.gov/grants/epa-solicitation-clauses .

SUMMARY

Wetland Program Development Grants (WPDGs) assist state, tribal, local government (S/T/LG) agencies, and interstate/intertribal entities in developing or refining state/tribal/local programs which protect, manage, and restore wetlands. The primary focus of these grants is to develop/refine state and tribal wetland programs. A secondary focus is to develop/refine local (e.g. county or municipal) programs.

All applications submitted under this RFA must be for projects that develop or refine state/tribal/local government wetland programs. Implementation of wetland protection programs is not an eligible project under this announcement. An implementation project is one that is accomplished through the performance of routine, traditional, or established practices, or a project that is simply intended to carry out a task rather than transfer information or advance the state of knowledge. All monitoring and mapping projects should transfer information or advance the state of knowledge and therefore are eligible under this grant.

The U.S. Environmental Protection Agency is soliciting applications from eligible applicants to develop or refine state/tribal/local government wetland programs as described in Section I, https://www.epa.gov/grants/epa-solicitation-clauses https://www.epa.gov/wetlands/wetland-program-development-grants https://www.epa.gov/grants/epa-solicitation-clauses https://www.epa.gov/grants/epa-solicitation-clauses

FUNDING OPPORTUNITY DESCRIPTION, of this announcement. States, tribes, local government agencies, interstate agencies, and intertribal consortia are eligible to apply under this announcement, as further described in Section III.A, ELIGIBLE APPLICANTS. Universities that are agencies of a state government are eligible but must include documentation demonstrating that they are chartered as part of a state government in the application submission. Non-profit organizations are not eligible to compete under this RFA.

Under this announcement, as is more fully explained in Section I, there will be two separate applicant tracks for eligible applicants. Eligible states and tribes can submit applications under either Track One or Track Two, while eligible local governments, interstate agencies, intertribal consortia, and eligible universities that are agencies of a state government can only submit applications under Track Two. Applicants under each track will only compete for awards against other applicants in their track. See Section V for further information.

The EPA has discretion to contact the applicant if necessary, to discuss the most appropriate track for their application.

Applicants may submit more than one application under this RFA under the applicable tracks.

Each application must be separately submitted and be for a different project. In addition, state and tribal government applicants may submit applications under each track but each application must be submitted under either Track One or Track Two. State and tribal government applicants cannot submit one application covering both tracks.

This document describes the grant selection and award process for eligible applicants interested in applying for WPDGs under this announcement. A list of previously funded projects is posted at the EPA’s Wetland Grants Database for reference.

The total amount of federal funding available under this announcement is approximately $1,200,000 depending on Agency funding levels, which may vary from year to year, and other applicable considerations. The EPA anticipates awarding approximately $800,000 in federal funds under Track One and approximately $400,000 in federal funds under Track Two under this announcement. It is anticipated that approximately 4 to 8 awards will be made under Track One and approximately 2 to 4 awards will be made under Track Two with the expectation of funding more projects from Track 1 than Track 2. Awards will likely range from $50,000 to $200,000 in federal funds.

The EPA reserves the right to increase or decrease (including to zero) the total number of awards and dollar amounts for each Track or change the ratio of Track One to Track Two assistance agreements it awards. Such change may be necessary as a response to the quality of applications received by the EPA, the amount of funds awarded to the selected applicants, or budget availability.

All applicants must describe in their application how they will contribute the required minimum cost share/matching funds (see Section III.B for information on the cost share/match requirement).

Important Dates:

06/30/20 Applications must be submitted electronically through Grants.gov by 11:59 P.M.

ET. See Section IV for further information.

http://iaspub.epa.gov/apex/wgd/f?p=101

8/14/20 The EPA selects applications for awards.

10/1/20 The EPA awards grants to recipients.

The dates above (other than the June 30 application submission date) are anticipated dates only, are intended for planning purposes, and are subject to change. See Section IV for further information on submission methods and dates, submission through Grants.gov, and alternative submission methods if necessary and approved.

Contents of this Request for Applications:

I. Funding Opportunity Description p. 03

II. Award Information p. 12

III. Eligibility Information p. 13

IV. Application and Submission Information p. 18

V. Application Review Information p. 31

VI. Award Administration Information p. 35

VII. Agency Contacts p. 37

VIII. Other Information p. 37

Federal Agency Name: U.S. Environmental Protection Agency, Region 3

Funding Opportunity Title: FY20 Region 3 Wetland Program Development Grants

Announcement Type: Request for Applications (RFA)

Catalog of Federal Domestic Assistance Number (CFDA): 66.461

Funding Opportunity Number: EPA-R3 -WPDG-20-02

I. FUNDING OPPORTUNITY DESCRIPTION

A. PROGRAM OBJECTIVES

The goals of the EPA’s wetland program include increasing the quantity and quality of wetlands in the U.S. by conserving and restoring wetland acreage and improving wetland condition. In pursuing these goals, the EPA seeks to develop the capacity of all levels of government to develop and refine effective, comprehensive programs for wetland protection and management.

WPDGs provide states, tribes, local governments, interstate agencies, and intertribal consortia (hereafter referred to as applicants or recipients) an opportunity to develop and refine comprehensive state/tribal/local government wetland programs. These programs are meant to:

• Develop the capacity of state/tribal/local governments to increase the quantity and quality of wetlands in the U.S. by conserving and restoring wetland acreage and improving wetland condition.

• Use one or more of the following “Core Elements” to achieve this goal.

Core Elements: With the work of many states and tribes, the EPA has distilled a set of core elements, actions, and examples/suggested activities that together comprise a comprehensive wetland program. The EPA has summarized these common core elements, actions, and activities in the Core Elements of an Effective State and Tribal Wetland Program Framework, also called the Core Elements Framework (CEF). The CEF describes in greater detail each of the four core elements that make up an effective state/tribal wetland program. These four core elements are:

1. Monitoring and assessment.

2. Voluntary restoration and protection.

3. Regulatory approaches including CWA 401 certification.

4. Wetland-specific water quality standards.

The list of activities in the CEF is not meant to be an exhaustive list of all activities that can be carried out to develop a wetland program.

Only program development or refinement activities are eligible: Each of these four core elements consists of several broad “actions” that if collectively carried out would complete that core element. Of this broad array of actions, only some are program development actions (as opposed to implementation actions) that are eligible for funding under this RFA. Examples of actions eligible for funding are listed below as outputs. A larger list of examples of actions that are eligible for funding under this RFA can be found under the "Program Building Activities Menu" for each core element at https://www.epa.gov/wetlands/wetland-program-development-grants-eligible-activities.

The statutory authority for WPDGs is Section 104(b)(3) of the Clean Water Act (CWA), 33 U.S.C. §1254(b)(3). Section 104(b)(3) of the CWA restricts the use of these funds to developing or refining wetland programs by conducting or promoting the coordination and acceleration of research, investigations, experiments, training, demonstrations, surveys, and studies relating to the causes, effects (including health and welfare effects), extent, prevention, reduction, and elimination of water pollution. Projects that are demonstrations must involve new or experimental technologies, methods, or approaches. The EPA expects that the results of the project will be disseminated so that others can benefit from the knowledge gained in the demonstration project.

Implementation projects are not eligible for funding under this announcement. A project that is accomplished through the performance of routine, traditional, or established practices, or a project that is simply intended to carry out a task rather than transfer information or advance the state of knowledge, however worthwhile the project might be, is not considered a demonstration project.

Wetland mapping as part of a project to develop or refine a state/tribal/local government program to research, investigate, experiment, train, demonstrate, survey, and study the causes, effects, extent, prevention, reduction, and elimination of water pollution is eligible for funding. Wetland mapping and monitoring projects are eligible for funding under this announcement as they are considered studies or investigations that develop or refine state/tribal/local government programs.

https://www.epa.gov/wetlands/wetland-program-development-grants-eligible-activities

Funds received through the WPDG competition cannot be used to fund application tasks to implement a wetland program, for fundraising, honorarium, or to fund the purchase of land or conservation easements. Tasks that are or might be required by a previous or pending permit, e.g., CWA Section 404 permit, CWA Section 402 permit, CWA Section 401 certification, or federal, state, tribal, or local government regulatory requirement(s) are not eligible for funding because they are implementation tasks. Implementation of individual mitigation projects, mitigation banks, or in-lieu-fee mitigation programs are not eligible for funding. Funds cannot be used to construct wetlands used for wastewater treatment, unless those constructed wetlands are to be demonstrations and considered protected by the Clean Water Act. Specifically, funds cannot be used for projects that construct wetlands for the purpose of treatment as part of a treatment system, i.e., stormwater ponds or tertiary treatment wetlands.

Purchase of vehicles (including boats, motor homes, etc.) and office furniture is not eligible for funding under this program. The lease of vehicles is eligible for funding under this program but must be described in the budget detail.

Additional details on ineligible activities are provided under Section III (D), “Ineligible Activities”, of this announcement.

Proposed projects must comply with all state and federal regulations applicable to the project area. It is the responsibility of the applicant to ensure compliance. Under the competition, each proposed project must be able to be completed within the project period.

Funds awarded under this announcement for wetland meetings/training workshops may be used by recipients to promote participation and to support the travel expenses of non-federal personnel.

Assistance funds may be used by the successful applicant to defray transportation and subsistence expenses for non-federal attendees at training sessions, roundtables, or work group meetings. The applicant will select meeting locations, secure meeting facilities (e.g., meeting rooms, accommodations, audio-visual equipment), and develop meeting agendas and materials. The successful applicant will use its logos on any materials it provides; the EPA will use its logos on any materials it provides. The applicant is solely responsible for determining a methodology for selecting and funding reimbursement requests and providing a report on how participating non-federal attendees benefited from the meetings. The EPA will not participate in the selection or approval of individuals who receive travel assistance.

B. ENVIRONMENTAL RESULTS AND LINKAGE TO STRATEGIC PLAN

The WPDG program supports the EPA’s FY 2018-2022 Strategic Plan. Awards made under this announcement will support Goal 1 - A Cleaner, Healthier Environment: Deliver a cleaner, safer, and healthier environment for all Americans and future generations by carrying out the Agency’s core mission, Objective 1.2 - Provide for Clean and Safe Water: Ensure waters are clean through improved water infrastructure and, in partnership with states and tribes, sustainably manage programs to support drinking water, aquatic ecosystems, and recreational, economic, and subsistence activities of the EPA Strategic Plan (available at https://www.epa.gov/planandbudget/strategicplan.html).

All proposed projects must demonstrate the linkage to the Strategic Plan and include specific statements describing the environmental results of the proposed project in terms of well-defined outputs, and to the maximum extent practicable, well-defined outcomes that demonstrate how the project will contribute to the overall goal of restoring and protecting aquatic ecosystems.

Additional information regarding environmental results is available at https://www.epa.gov/planandbudget/strategicplan.html https://www.epa.gov/grants/epa-order-57007a1-epas-policy-environmental-results-under-epa-assistance-agreements.

Outputs (deliverables/products) refer to an environmental activity, effort, and/or associated work product related to an environmental goal or objective, that will be produced or provided over a period of time or by a specified date. Outputs may be quantitative or qualitative but must be measurable during the assistance agreement funding period.

Examples of anticipated outputs from the assistance agreements to be awarded under this announcement include, but are not limited to:

• Development of a state/tribal Wetland Program Plan (described in Section I.C.1.a, Track One Applicant Applications) (All Core Elements).

• Development of training materials and tools to help state/tribal/local government decision-makers integrate wetland protection and restoration into integrated watershed planning especially with regards to hazard mitigation/flood/drought planning and resiliency (Voluntary Restoration/Protection and/or Regulatory Core Elements).

• Development of wetland maps directly or by supporting wetland mapping coalitions (All Core Elements).

• Development of a permit program for the discharge of dredged or fill material into waters of the state or tribe, including assumption of the CWA Section 404 permitting program (Regulatory Core Element).

• Development of strategies to integrate goals of wetland protection and restoration programs or activities into water reuse planning (Voluntary Restoration/Protection and/or Regulatory Core Elements).

• Development of protocols and assessment criteria that can be used to identify wetland restoration and protection priorities (Voluntary Restoration/Protection Core Element).

• Development of training materials and tools to help local decision-makers integrate hazard mitigation/flood/drought impacts into wetland protection and watershed planning (Voluntary Restoration/Protection and/or Regulatory Core Element).

• Development of strategies that take into account hazard mitigation/flood/drought impacts into wetland restoration and protection (Voluntary Restoration and Protection Core Element, Regulatory Core Element).

• Development of a report on the ambient condition of wetland resources at a state/tribal or population scale (Monitoring and Assessment Core Element).

• Development of methods or strategies to incorporate wetland water quality standards into EPA approved state/tribal water quality standards (Wetland-specific Water Quality Standard Core Element).

• Development of methods and studies to address at risk or vulnerable wetland ecosystems, aquatic resources and wetland dependent priority species due to flooding/drought (Monitoring and Assessment Core Element).

• Development of a subaward program to help fund research, investigations, experiments, trainings, studies, surveys, and demonstration project(s) by local, university, or nonprofit organizations (All Core Elements).

• Development of tools or procedures [(or) studies and programs] to evaluate the ecological performance of wetland/stream compensatory mitigation projects (e.g., mitigation banks, in-lieu fee projects and permittee-responsible mitigation) https://www.epa.gov/grants/epa-order-57007a1-epas-policy-environmental-results-under-epa-assistance-agreements https://www.epa.gov/grants/epa-order-57007a1-epas-policy-environmental-results-under-epa-assistance-agreements and incorporate the results/findings/lessons learned into future compensatory mitigation project decision-making (Regulatory Core Element).

• Develop long-term partnerships and collaboration efforts with stakeholders that control resource management decisions.

• Conduct workshops to create strategies towards the development of a strong path for successful mitigation and restoration projects among stakeholders.

• Examine monitoring and assessment methods developed over the 20+ years in the mid-Atlantic and document success and future strategies for success.

Outcomes (objectives/goals) are the result, effect, or consequence that will occur from carrying out an environmental program or activity that is related to an environmental or programmatic goal or objective. Outcomes are used as a way to gauge a project’s performance. Outcomes may be environmental, behavioral, health-related, or programmatic in nature. For instance, if there is great need to improve the knowledge and decision-making ability, with respect to environmental issues, of local and state government officials who are in the position of creating laws, ordinances, permits, etc. In this context, certain efforts designed to improve decision-making and behavioral changes can be viewed as environmental outcomes (results) if the grantee can show or measure the improvement in the knowledge of decision-makers who are in the position to create environmental institutional changes that are necessary to restore or protect the environment. In such instances, outcomes are not measured typically by environmental or water quality indicators, but rather by the institutional indicators that lead to the adoption and application of laws and regulations and the active management of programs necessary to provide environmental protection.

Outcomes must be quantitative and may not necessarily be achieved within an assistance agreement funding period. Outcomes may be short term (changes in learning, knowledge, attitude, or skills), intermediate (changes in behavior, practice, or decisions), or long-term (changes in condition of the natural resource).

Examples of anticipated outcomes from the assistance agreements to be awarded under this announcement include, but are not limited to:

• Increased quantity of wetlands.

• Increased quality of wetlands.

• Improved wetland protection efforts.

• Increased stakeholder and decisionmaker’s understanding of a wetland’s condition for a variety of “uses” including traditional and cultural uses.

• Increased stakeholder and decisionmaker’s understanding of wetland ecologic condition at population scales (i.e., tribal or regional).

• Increased stakeholder and decisionmaker’s understanding of the impacts of increased flooding/drought on wetlands especially on traditional and cultural uses.

• Improved wetland inventories and baseline condition assessments to address hazard mitigation/flood/drought effects and adaptation.

• Improved data to use in modeling potential hydrologic change, ecosystem/biogeographic shifts, wetland losses, or wetland increases on the landscape that can be used to inform stakeholders and decisionmakers.

• Increased stakeholder and decisionmaker’s understanding of how to ensure “no net loss” in quality and quantity of wetlands in the CWA 404 or tribal regulatory program.

• Increased outreach and increased stakeholder and decisionmaker’s knowledge through training for tribal members, tribal wetland staff, and/or other partners.

• Improved baseline information on wetland extent, condition, and performance to inform state and tribal regulatory programs.

• Increased stakeholder and decisionmaker’s understanding of the ecological success of wetland/stream compensatory mitigation and use to inform stakeholders and decisionmakers.

• Improved success of aquatic resource function in compensatory mitigation

• Accelerated use of scientifically defensible methods and tools to protect, restore and/or manage wetlands.

• Strengthened partnerships and coordinated efforts for long term wetland protection, restoration, and/or management in the mid-atlantic region

As part of the application, applicants must describe how the project will result in the protection of wetland resources and link the anticipated outputs and outcomes to the Agency’s Strategic Plan. Further information is in Section IV.C, CONTENT OF APPLICATION SUBMISSION, of this RFA. Additional information regarding the EPA’s definition of environmental results in terms of outputs and outcomes can be found at:

https://www.epa.gov/grants/epa-order-57007a1-epas-policy-environmental-results-under-epa-assistance-agreements.

C. TRACK CONCEPT AND PRIORITY AREAS

The EPA is soliciting applications from eligible applicants to develop or refine state/tribal/local government wetland programs. Comprehensive wetland programs help enable states/tribes/local governments to more effectively protect, restore, and manage their wetland resources.

Under this announcement, the EPA will have two separate applicant tracks for eligible applicants.

• States and tribes can apply under Track One or Track Two.

• Local governments, interstate agencies, intertribal consortia, and eligible universities that are agencies of a state government can apply under Track Two only.

Applicants may submit more than one application under this RFA under the applicable track.

Each application must be separately submitted, be for a different project, and will be separately evaluated. In addition, state and tribal applicants may submit applications under each track but each application must be submitted under either Track One or Track Two. State and tribal applicants cannot submit one application covering both tracks.

Wetland plans for states and tribes are an EPA priority and are referred to as “Wetland Program Plans” that are submitted to the EPA for approval. Local government wetland plans, while eligible for funding, are not subject to EPA approval.

All applications submitted under this RFA, regardless of track, must be for projects that develop or refine state/tribal/local government wetland programs. Accordingly, all applicants must demonstrate in their application how their project will develop or refine a state/tribal/local government wetland program as follows:

A. Track One Applicants: demonstrate how they will develop or refine a State or Tribal Wetland Program Plan (and, if they so choose, by also carrying out actions described in the CEF at https://www.epa.gov/wetlands/wetland-program-development-grants-eligible-activities), or reference one or more grant-eligible action(s) from an https://www.epa.gov/grants/epa-order-57007a1-epas-policy-environmental-results-under-epa-assistance-agreements https://www.epa.gov/grants/epa-order-57007a1-epas-policy-environmental-results-under-epa-assistance-agreements

EPA-approved Wetland Program Plan (see Section I.C.1.a, Track One Applicant Applications) that they plan to undertake or

B. Track Two Applicants: demonstrate that their application is developing or refining a state/tribal/local wetland program. Applicant should indicate which core element(s), and one or more action(s) under a core element(s) described in the CEF at https://www.epa.gov/wetlands/wetland-program-development-grants-eligible-activities they will be developing or refining. Local government, university, interstate agency, or intertribal consortium applicant can reference one or more grant eligible action(s) from an EPA-approved State or Tribal Wetland Program Plan (see Section I.C.1.b, Track Two Applicant Applications) that they plan to undertake as part of the proposed project.

Effective partnerships are important for the success of projects under this announcement. The complexity of projects to refine state/tribal/local wetland programs requires various levels of government and non-government stakeholders (e.g., community residents, universities, nonprofit organizations, etc.) to work together. The EPA supports and empowers such collaborative partnerships. Such partnerships create ownership amongst partners and the grantee which fosters success and sustainability. Projects are encouraged to include meaningful involvement of all partners ranging from preparation and execution of the project through project evaluation/next steps. Applications will be evaluated based on their partnerships as described in Section IV.C.5.B.10, Partnership Information, and Section V, APPLICATION REVIEW INFORMATION, partnership criteria.

Track One eligible applicants will only be evaluated against other Track One eligible applicants. Track Two eligible applicants will only be evaluated against other Track Two eligible applicants. See Section V, APPLICATION REVIEW INFORMATION, for further information.

The two tracks are described in more detail below.

1. Track Concept

a. Track One Applicant Applications Only state and tribal applicants are eligible to submit applications and compete under Track One. Track One applications will be evaluated based on the Track One criteria in Section V.A. of this RFA.

The EPA has found that long-term wetland planning (i.e. Wetland Program Plans, or WPPs) helps states and tribes develop their wetland programs more effectively and efficiently and is therefore emphasizing WPPs as a national priority.

Under Track One, states and tribes must submit applications for either: 1) carrying out grant-eligible actions from a current EPA-approved WPP or 2) developing or updating a WPP (and, if they so choose, also carrying out actions that develop or refine a wetland program described in the CEF at https://www.epa.gov/wetlands/wetland-program-development-grants-eligible-activities). If a state or tribe submits any other type of application, they will be included and evaluated under Track Two.

Wetland Program Plans: WPPs are voluntary plans developed by state and tribal agencies that articulate what the state or tribe wants to accomplish with their wetland programs over time.

https://www.epa.gov/wetlands/wetland-program-development-grants-eligible-activities

WPPs describe overall program goals along with broad-based actions consistent with the CEF and more specific activities that will help achieve the goals. Timelines for the WPPs vary between three to six years, with more specific timeframes typically associated with the WPP actions/activities.

WPPs should include the following five minimum components:

1. An overall goal statement(s) for the program over the period covered by the WPP.

2. An overall timeframe for the WPP, with a minimum timeframe of three years and a maximum of six years, starting from the time of WPP submittal to the EPA.

3. A list of planned actions consistent with the CEF that the program intends to carry out over the WPP’s timeframe, and which, if collectively met, will accomplish the overall WPP goal(s).

4. An intended schedule for the achievement of each action.

5. A listing of more specific activities to be accomplished under each action.

WPPs do not need to be elaborate documents. An effective WPP may be a concise list of planned actions to help create a focused and sustainable wetland program. A WPP can refer to both wetland program implementation and program development efforts planned for the upcoming 3 to 6 years (please note, however, that program implementation efforts are not eligible for WPDG funding). WPPs should also include any actions that the state or tribe anticipates funding through sources other than WPDGs. Actions listed in a WPP should be consistent with the broad actions listed in the relevant core elements chapter of the CEF (see individual core element tables at https://www.epa.gov/wetlands/what-enhancing-state-and-tribal-programs-effort). It is not necessary for CEF actions to be included verbatim in a WPP, but WPPs should reference the part of the CEF that most closely relates to the proposed actions. WPPs are approved by the EPA in a process that is independent of the WPDG process. EPA-approved state/tribal WPPs can be found at: https://www.epa.gov/wetlands/state-and-tribal-wetland-program-plans#r3.

WPP versus WPDG application. As described above a WPP is a plan that outlines the goals, broad actions, and activities that a state/tribal wetland program may want to undertake to develop or refine their wetland program. A WPDG application is a more detailed set of projects and tasks that an eligible applicant may undertake over the next year or two to develop actions or activities in an approved WPP, or in the absence of a WPP, a set of actions or activities to develop or refine a state/tribal/local wetland program.

If a state or tribe already has an EPA-approved WPP, they may submit an application to carry out grant-eligible actions in their WPP. The state or tribe must indicate in their application(s) which of the development or refinement actions from their EPA-approved WPP that they intend to carry out. All EPA-approved state/tribal WPPs for Region 3 can be found at:

https://www.epa.gov/wetlands/state-and-tribal-wetland-program-plans#r3.

If a state or tribe does not have an EPA-approved WPP or if their EPA-approved WPP is expiring, they may submit an application to develop/update a WPP. In addition to developing a WPP, a state or tribe may want to include in its application other program developing or refining tasks it wants to undertake during the time it will be developing its WPP. The state or tribe must indicate in its application which core element(s) its project would include, and which associated action(s) its project would take, as described in the CEF at https://www.epa.gov/wetlands/wetland-program-development-grants-eligible-activities.

https://www.epa.gov/wetlands/what-enhancing-state-and-tribal-programs-effort https://www.epa.gov/wetlands/state-and-tribal-wetland-program-plans#r3

A state or tribe may submit an application to refine an EPA-approved WPP if the plan needs significant changes. While this is not recommended, a WPP may be refined when the plan has not expired or is not about to expire but additional changes need to be made to update the WPP as a whole or in part, because of more recent developments in the state/tribal program.

States or tribes submitting applications to develop a WPP under Track 1 may want to include travel support and meeting set-up and facilitation support to hold meetings amongst state agencies, tribal agencies, or stakeholders.

b. Track Two Applicant Applications State, tribal, local government, interstate agencies, intertribal consortium, and university applicants that are agencies of a state government are eligible to apply under Track Two, and these applications will be evaluated based on the Track Two evaluation criteria in Section V.A of this RFA. Local government, interstate agencies, intertribal consortium, and university applicants that are agencies of a state government are only eligible to apply under Track Two.

Under Track Two, states, tribes, local governments, interstate agencies, intertribal consortia, and universities that are agencies of a state must submit applications that will develop or refine a state, tribe, or local government’s wetland program by either carrying out one or more action(s):

1) under a core element(s) from the CEF or 2) that advance the grant-eligible actions articulated in an EPA-approved WPP. Applicants must indicate in their applications which core element(s) their project would develop or refine, and which associated action(s) their project would take from the CEF at https://www.epa.gov/wetlands/wetland-program-development-grants-eligible-activities. If the applicant is a local government, university, interstate agency, or intertribal consortium and is carrying out an action(s) from an EPA-approved WPP they must indicate which EPA-approved WPP they are working from and which core element(s) their project would develop or refine, and which associated action(s) their project would take from the WPP.

Examples of how to link to an EPA-approved WPP include but are not limited to:

• In their EPA-approved WPP, a state/tribe proposes to develop regulations on groundwater withdrawals in areas surrounding vital wetlands. To link to this WPP, a university proposes to study the effect of groundwater withdrawals on particular types of wetlands common in the state/tribe and provide the results of the study to the state/tribe.

The goal would be to inform the regulations governing ground water withdrawals in areas near vital wetlands.

• In their EPA-approved WPP, a state/tribe proposes to survey wetlands identified in its existing wetland inventory to verify location, hydric conditions, and wetland type. To link to this WPP, a county proposes to perform this verification within its own boundaries.

The EPA-approved state/tribal WPPs can be found at: https://www.epa.gov/wetlands/state-and-tribal-wetland-program-plans#r3.

2. Regional Priority Area(s) In addition to the national priorities, Region III will be awarding points (up to 10), See Section V, for applications that include research, investigations, experiments, trainings, demonstrations, surveys and studies that address one or more of the following Regional priorities:

1) Develop a framework to overcome barriers to use existing aquatic resource (wetland/stream) assessment methodologies and/or studies for restoration or compensatory mitigation projects https://www.epa.gov/wetlands/wetland-program-development-grants-eligible-activities https://www.epa.gov/wetlands/wetland-program-development-grants-eligible-activities

(e.g., mitigation banks, in-lieu fee projects and permittee-responsible mitigation) to improve functional performance of aquatic resources.

2) Develop or revise a strategic 3-5-year State or Tribal Wetland Program Plan which will include the link between research, investigations, experiments, trainings, demonstrations, surveys and studies aquatic resource protection actions and management decisions.

II. AWARD INFORMATION

A. AMOUNT OF FUNDING

The EPA anticipates approximately $1,200,000 in federal funding to be available for assistance agreements under this announcement to fund approximately 6 to 12 awards depending on funding availability and other applicable considerations. Under this announcement, the EPA will have two separate applicant tracks with state and tribal governments in Track One or Track Two, and local governments, interstate agencies, intertribal consortia, and universities that are agencies of a state government in Track Two.

The EPA anticipates awarding approximately $800,000 in federal funds under Track One and approximately $400,000 in federal funds under Track Two. It is anticipated that approximately 4 to 8 awards will be made under Track One and approximately 2 to 4 awards will be made under Track Two with the expectation of funding more projects from Track 1 than Track 2. Awards for the selected projects will likely range from $50,000 to $200,000 in federal funding. The EPA will fund a maximum of 75 percent of the total project cost (see Section III.B, COST SHARING/MATCH REQUIREMENTS, for information on minimum non-federal cost share/match requirement).

It is anticipated that the assistance agreements awarded under this announcement will have one to 2 (but no more than four) year project periods.

In appropriate circumstances, the EPA reserves the right to partially fund applications by funding discrete portions or phases of proposed projects. If the EPA decides to partially fund an application, it will do so in a manner that does not prejudice any applicants or affect the basis upon which the application, or portion thereof, was evaluated and selected for award, and therefore maintains the integrity of the competition and selection process.

The EPA reserves the right to increase or decrease (including to zero) the total number of awards and dollar amounts for each track or change the ratio of Track One to Track Two assistance agreements it awards. Such changes may be necessary as a response to the quality of applications received by the EPA, the amount of funds awarded to the selected applicants, or budget availability.

The EPA reserves the right to make no awards under this announcement or make fewer awards than anticipated. In addition, the EPA reserves the right to make additional awards under this announcement, consistent with Agency policy and guidance, if additional funding becomes available after the selections are made. Any additional selections for awards will be made no later than six months after the original selection decisions.

B. TYPE OF FUNDING

It is anticipated that grants and cooperative agreements may be funded under this announcement.

When cooperative agreements are awarded, the EPA will have substantial involvement with the project workplans and budgets. Although the EPA will negotiate precise terms and conditions relating to substantial involvement as part of the award process, the anticipated substantial federal involvement for projects selected may include:

1. Close monitoring of the recipient’s performance to verify the results proposed by the applicant.

2. Collaboration during the performance of the scope of work.

3. In accordance with the applicable regulations at 2 CFR 200 Subpart D (200.317 through

200.326) as appropriate, review of proposed procurements.

4. Approving qualifications of key personnel (the EPA does not have authority to select employees or contractors employed by the recipient).

5. Review and comment on content of publications (printed or electronic) prepared under the cooperative agreement (the final decision on the content of reports rests with the recipient).

III. ELIGIBILITY INFORMATION

A. ELIGIBLE APPLICANTS

States, tribes, local government agencies, universities that are agencies of a state, interstate agencies, and intertribal consortia are eligible to apply for WPDGs under this announcement.

Tribes must be federally-recognized, although “Treatment as a state” status is not required. As explained in Section I, there will be two separate applicant tracks with states and tribes in Track One or Track Two, and local governments, interstate agencies, intertribal consortia, and universities that are agencies of a state government in Track Two.

Past recipients of WPDGs include, but are not limited to: wetland regulatory agencies, water quality agencies, planning offices, wild and scenic rivers agencies, departments of transportation, fish and wildlife or natural resources agencies, agriculture departments, forestry agencies, coastal zone management agencies, park and recreation agencies, non-point source or storm water agencies, resource conservation districts, city or county, and other state/tribal/local government agencies that conduct wetland-related efforts.

Please note:

• Intertribal consortia must meet the requirements of 40 CFR §35.504 (a) and (c) (http://www.ecfr.gov/cgi-bin/text-idx?SID=ee8aaaeb886b62da5acc07bba026ab76&mc=true&node=se40.1.35_1504&rgn= div8). This section states that an intertribal consortium is eligible to receive grants only if the consortium demonstrates that all members of the consortium meet the eligibility requirements for the grant and authorize the consortium to apply for and receive assistance. An intertribal consortium must submit to the EPA adequate documentation of:

(1) the existence of the partnership between Indian tribal governments, and (2) authorization of the consortium by all its members to apply for and receive the grant(s) for which the consortium has applied.

• Interstate agencies are defined in CWA Section 502(2) as “an agency of two or more states established by or pursuant to an agreement or compact approved by the Congress, or any other agency of two or more states, having substantial powers or duties pertaining to the control of pollution as determined and approved by the Administrator.”

(Administrator refers to the head of the EPA.)

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• Universities must include documentation demonstrating that they are chartered as a part of a state government in their application. Documentation may include such things as:

state constitution, university charter, or case law that has confirmed the university as a state agency. Universities that are not chartered as a part of a state government are not eligible to apply for assistance under this RFA. Please note: If the applicant has applied to previous competitive announcements, they will still need to submit this documentation with their application.

• Non-profit organizations are not eligible to compete under this RFA.

B. COST SHARING/MATCH REQUIREMENTS

All applicants, except as noted below, must describe in their application submission how they will contribute a minimum of 25 percent of the total project cost in cost share/matching funds in accordance with 2 CFR 200.306. The cost share/match must be for allowable costs and may be provided by the applicant or partner organization or institution (subawardees). The cost share/match may be provided in cash or by in-kind contributions. In-kind contributions often include salaries or other verifiable costs and this value must be carefully documented. In the case of salaries, applicants may use either minimum wage or fair market value.

If the cost share/match is provided by a partner organization (subawardee), the applicant is still responsible for proper accountability and documentation. A partner organization’s indirect cost/fringe generally may be used as cost share/match. Please note that an applicant’s and any subawardee’s indirect cost/fringe charges must be in accordance with a federally negotiated indirect cost rate under 2 CFR 200.414. Other federal grants may not be used as cost share/ match without specific statutory authority. All grant funds are subject to federal audit.

The total project cost is the sum of the total requested federal share and applicant cost share/match. The minimum cost share/match is determined by dividing the total project cost by four as illustrated by the following formula:

Total Project Cost ($) = minimum cost share/match ($)

For example, if the total project cost (sum of federal and non-federal funds) is $100,000 the applicant must be able to provide $25,000 in cash or in-kind contributions as cost share/match.

OR

Total Federal Funds Requested ($) = minimum cost share/match ($)

For example, if the total federal funds requested are $75,000 the applicant must be able to provide $25,000 in cash or in-kind contributions as cost share/match.

If a tribe or intertribal consortium includes its WPDG in an approved Performance Partnership Grant (PPG), the cost share/match requirement may be reduced to 5 percent of the allowable cost of the budget for the first two years in which the tribe or intertribal consortium receives a PPG.

After two years, the cost share/match may be increased up to 10 percent of the budget or decreased to 0 percent (as determined by the Regional Administrator based on economic indicators). See Section III.E, PERFORMANCE PARTNERSHIP GRANTS, for additional information.

For example, if the total project cost for tribal/intertribal consortium in a PPG is $100,000 the tribe/intertribal consortium must be able to provide a $5,000 in-cash or in-kind contribution as cost share/match for the first two years with a 5 percent minimum cost share/ match requirement.

Total Project Cost ($) = minimum 5% tribal PPG cost share/match ($)

Where the stated purpose is to include WPDG funds in a PPG, a tribe or intertribal consortium may prepare a budget and proposed workplan based upon the assumption that the EPA will approve the waiver amount for PPGs under 40 CFR 35.536. If the tribe or intertribal consortium does not or cannot include the WPDG funds as part of an approved PPG, or chooses to withdraw the WPDG from their PPG, the tribe or intertribal consortium must then meet the 25 percent cost share/match requirements identified above and, as applicable, negotiate a revised workplan with the EPA contact identified in Section VII, AGENCY CONTACTS. The tribe must also provide a new budget with the final grant application based upon the program’s cost share/match requirement and the federal award will be reduced accordingly. The purpose of this requirement is to ensure that all workplan activities for a project which is competitively awarded will be implemented in accordance with the same budget and as described in the original application.

Tribes should indicate in their application submission if they anticipate including this project, if selected for funding, into an already existing PPG or if they intend to create a new PPG that would include this wetland project.

Insular areas. Cost sharing and matching requirements under $200,000 for Insular area applicants (the U.S. Virgin Islands, American Samoa, Guam and the Northern Mariana Islands) are waived as a matter of law as authorized by the Omnibus Territories Act, 48 U.S.C. Section 1469a. Insular area applicants with applications that will require a cost share of $200,000 or more are advised to contact the EPA to determine if cost share requirements will be waived in whole or in part. For contact information, refer to Section VII.

Please contact the EPA Regional grant contact person listed in Section VII, AGENCY CONTACTS, of this RFA if you have any questions about calculating cost share/match.

In order to be considered for funding, all applicants must describe in their application submission how they will contribute the appropriate cost share/match requirement. In addition, if an applicant cannot meet the appropriate cost share/match by the time of award, they will not be eligible to receive funding.

C. THRESHOLD ELIGIBILITY CRITERIA

These are requirements that if not met by the time of the application submission will result in elimination of the application from consideration for funding. Only applications that meet all of these criteria will be evaluated against the ranking factors in Section V of the announcement.

Applicants deemed ineligible for funding consideration as a result of the threshold eligibility review will be notified within 15 calendar days of the ineligibility determination.

1. Applicants must meet the eligibility requirements in Section III. A, ELIGIBLE APPLICANTS, of this announcement.

2. Applicants must demonstrate in their application submission how they will meet the applicable cost share/match requirements in Section III.B, of this announcement. If the applicant has any question about the appropriate cost share/match requirements for their project, please contact the point of contact listed in Section VIII.

3. Projects must be performed within one or more of the states or tribes of the EPA Region 3, specifically Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, West Virginia, and tribal lands located within those states, to be eligible to apply for funding.