EPA-I-R10-PS-2024-001.pdf

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Ensuring Environmental Justice, Human Wellbeing, and Ecosystem Recovery in Puget Sound
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EPA-I-R10-PS-2024-001
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This document is a Notice of Funding Opportunity (NOFO) from the U.S. Environmental Protection Agency (EPA) Region 10 announcing the availability of funds for a cooperative agreement to advance environmental justice (EJ) in the restoration and recovery of Puget Sound.

The NOFO seeks applications from eligible entities, including federal and state government agencies, institutions of higher education, local governments, tribes, and nonprofit organizations, to develop and administer a program of subawards and other forms of support focused on activities that address challenges and opportunities facing communities with potential EJ concerns within the scope of the 2022-2026 Puget Sound Action Agenda. EPA anticipates awarding up to $7 million over two years, with approximately $4 million available in the first year. The application deadline is September 10, 2024. EPA plans to select and fund one organization to manage and implement Puget Sound restoration, recovery, and community engagement with a focus on EJ. The successful applicant must demonstrate experience working with communities with potential EJ concerns and collaborating with Puget Sound restoration partners. Funded activities must address priorities identified in the 2022-2026 Puget Sound Action Agenda and take place within the Puget Sound geographic region.

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U.S. ENVIRONMENTAL PROTECTION AGENCY – REGION 10

TITLE: ENSURING ENVIRONMENTAL JUSTICE, HUMAN WELLBEING, AND

ECOSYSTEM RECOVERY IN PUGET SOUND

ACTION: NOTICE OF FUNDING OPPORTUNITY (NOFO)

TYPE: INITIAL ANNOUNCEMENT

FUNDING

OPPORTUNITY NO.: EPA-I-R10-PS-2024-001

ASSISTANCE LISTING: 66.123 - Geographic Programs - Puget Sound Action Agenda: Technical

Investigations and Implementation Assistance Program

IMPORTANT DATES

• July 15, 2024, and August 1, 2024 – Informational webinars.

• September 10, 2024 – NOFO closes - applications due to Grants.gov by 11:59 pm

Eastern Time.

Applications received after the closing date and time will not be considered for funding.

• October 1, 2024 – Notification to selected applicant.

• Early December 2024 – Announcement of award.

Contents

I. FUNDING OPPORTUNITY DESCRIPTION

A. Overview

B. Background

Puget Sound

Puget Sound Action Agenda

Environmental Justice

C. Program Goals and Objectives

D. EPA Strategic Plan/Executive Order Linkages and Anticipated Outputs, Outcomes, and

Performance Measures

Outputs (Evaluation Criteria, Section V.A)

Outcomes (Evaluation Criteria, Section V.A.)

Performance Measurement Plan (Evaluation Criteria, Section V.A.)

E. Statutory Authority

F. Additional Provisions for Applicants Incorporated into the Solicitation

II. Award Information

A. Number and Amount of Awards

B. Start Date and Length of Project Period

C. Funding Type

D. Other Award Provisions

III. Eligibility Information

A. Eligible Entities

B. Non-federal Match Requirements

C. Threshold Eligibility Criteria

D. Additional Threshold Criteria

E. Funding Restrictions

IV. Application and Submission Information

A. Grants.gov Instructions

Please follow the below instructions for submitting your application

1. Submission and Limited Exception Procedures

2. Submission Instructions and Deadline

3. Technical Issues with Submission

4. Application Materials

5. Detailed Contents of Application Narrative

Summary Information Page

Workplan

6. Submission Dates and Times

7. Coalition Coverage

8. Webinar on this Solicitation

V. Application Review Information

A. Evaluation Criteria

B. Review and Selection Process

VI. Award Administration Information

A. Award Notification

B. Administrative and National Policy Requirement

C. Reporting Requirement

D. Disputes

VII. Agency Contacts

VIII. Other Information /Appendices

Appendix A. Puget Sound Map

Appendix B. Measuring Environmental Results: Logic Models, Outputs, and Outcomes

Budget Detail

Note on Management Fees

Appendix D: Workplan, Budget, and Staffing Plan Samples

I. FUNDING OPPORTUNITY DESCRIPTION

A. Overview

This NOFO announces the availability of funds and solicits applications from eligible applicants that are interested in advancing EJ in the restoration and recovery of Puget Sound. The successful applicant will work closely with communities, key partners, Strategic Initiative Leads

(SILs), Tribes, and others involved in the Puget Sound Management Conference – as described in the 2022 Puget Sound Action Agenda. The funding from this NOFO is intended to go towards the implementation of the goals stated in the 2022-2026 Puget Sound Action Agenda.

The overall goal of the program to be established under this NOFO is to advance EJ by directing resources and ultimately environmental and community benefits toward overburdened, underserved, or communities adversely and disproportionately affected by environmental and human health harms or risks (communities with potential EJ concerns). We also anticipate that the program will support improved, long-term funding integration of EJ principles into Puget

Sound restoration and recovery.

The NOFO’s primary objective is to establish a support programs, consisting of subawards and other forms of support that advances EJ in the restoration and recovery of the Puget Sound ecosystem and its communities. Other forms of support may include mechanisms such as

“participant support costs, contracts, micropurchases, and organizational capacity. The successful applicant will develop and administer a support program that will fund projects and activities that focus on providing environmental and community benefits. In addition, the successful applicant will work collaboratively to support the Puget Sound restoration and recovery process and provide resource capacity and assistance for communities, subawardees, and other entities advancing EJ in the restoration and recovery of the Puget Sound ecosystem and its communities. EPA anticipates awarding up to $7 million over two years of incremental funding under this announcement. No match is required for the applicant or subawardees.

B. Background

Puget Sound

EPA, Washington State, Tribes, local governments, nonprofit organizations, and academia have partnered for over 30 years to protect and restore Puget Sound through the Clean Water Act

(CWA) Section 320 National Estuary Program (NEP). CWA Section 320 requires each NEP to establish a “Management Conference” to include representatives of each State and foreign nation located in part or whole in the estuarine zone of the estuary for which the conference is convened, Tribes, regional agencies, appropriate federal agencies, local governments, affected industries, academic institutions, and the public.

https://pugetsoundestuary.wa.gov/ https://www.psp.wa.gov/2022AAupdate.php https://www.psp.wa.gov/2022AAupdate.php https://www.psp.wa.gov/2022AAupdate.php https://www.psp.wa.gov/2022AAupdate.php https://www.psp.wa.gov/2022AAupdate.php

Section 320 also requires the Management Conference to develop a “Comprehensive

Conservation and Management Plan” (CCMP) and to develop plans for its coordinated implementation. Management Conferences use a collaborative, consensus-building approach to implement CCMPs. Moreover, each Management Conference ensures that the CCMP is uniquely tailored to the local environmental conditions and is based on local input, thereby supporting local priorities.

The Puget Sound Partnership (PSP) has been designated by the EPA and Washington State as the lead state agency for the Management Conference for the Puget Sound NEP under CWA Section

320. The PSP is defined in state legislation to include the Leadership Council, Ecosystem

Coordination Board, Science Panel and Executive Director with staff.

Puget Sound Action Agenda

The Puget Sound NEP’s approved CCMP is the Puget Sound Action Agenda. In 2008, the PSP published the first Puget Sound Action Agenda, a strategy to clean up, restore, and protect

Puget Sound. EPA requests that each NEP review and update its CCMP every three to five years to keep the CCMP current and relevant. Accordingly, there have been multiple updates to the

Puget Sound Action Agenda since 2008, including in 2012, 2014, 2016, 2018, and 2022. View the current and previous versions of the Action Agenda at 2022-2026 Puget Sound Action Agenda.

The 2022-2026 Action Agenda strategies, actions, and key opportunities are intended to guide partner implementation and innovation and inform the focus of public and private funding and implementation support by the PSP boards and regional partners. Subawards and other support provided under this NOFO must implement priorities within the scope of the 2022-2026 Puget

Sound Action Agenda or subsequent EPA-approved Puget Sound Action Agendas, if applicable.

The 2022-2026 Action Agenda integrates human wellbeing opportunities and aims to advance

Diversity Equity and Inclusion (DEI) and EJ through foundational assessments and engagement of vulnerable populations and underserved communities into all aspects of Puget Sound recovery work. The 2022-2026 Puget Sound Action Agenda Implementation Plan specifically calls out the need to act on the understanding that people are part of nature and that the wellbeing of one depends on the wellbeing of the other. The Implementation Plan calls on the recovery community to incorporate human wellbeing and lays the foundation of DEI and EJ recovery efforts as described in the 2022-2026 Puget Sound Action Agenda:

• The integration of human wellbeing considerations has been found to accelerate ecosystem recovery.

• The costs and consequences of inaction will only continue to grow and will continue to disproportionately impact vulnerable populations and underserved communities.

• Scientific evidence calls for the need to prioritize human wellbeing as a strategic means of achieving ecosystem goals.

https://www.psp.wa.gov/2022AAupdate.php https://www.psp.wa.gov/2022AAupdate.php https://www.psp.wa.gov/2022AAupdate.php https://www.psp.wa.gov/2022AAupdate.php https://www.psp.wa.gov/2022AAupdate.php https://www.psp.wa.gov/2022AAupdate.php https://www.psp.wa.gov/2022AAupdate.php https://www.psp.wa.gov/2022AAupdate.php https://www.psp.wa.gov/2022AAupdate.php

• Improving the recovery community’s understanding of human wellbeing can ensure a more holistic and successful approach to achieving Puget Sound recovery.

• Integrating human wellbeing into Puget Sound recovery efforts provides additional tools for engaging communities and harnessing broad support in concrete ways.

Environmental Justice

EPA defines “Environmental Justice” as the just treatment and meaningful involvement of all people regardless of income, race, color, national origin, Tribal affiliation, or disability, in agency decision-making and other Federal activities that affect human health and the environment. Just treatment means that no one group of people, including racial, ethnic, or socioeconomic groups, should bear a disproportionate share of the negative environmental consequences resulting from industrial, municipal, and commercial operations or the execution of federal, state, local, and Tribal environmental programs and policies. Meaningful involvement means that: (1) potentially affected community residents have an appropriate opportunity to participate in decisions about a proposed activity that will affect their environment and/or health; (2) the public’s contribution can influence the regulatory agency’s decision; (3) the concerns of all participants involved will be considered in the decision-making process; and (4) the decision-makers seek out and facilitate the involvement of those potentially affected.

In Washington State, Environmental Justice is defined in state legislation. The Healthy

Environments for All (HEAL) Act defines Environmental Justice as the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations and policies. The HEAL Act includes addressing disproportionate environmental health impacts in all laws, rules, and policies with environmental impacts by prioritizing vulnerable populations and overburdened communities, the equitable distribution of resources and benefits, and eliminating harm.

On November 15, 2021, President Biden signed the Infrastructure Investment and Jobs Act of

2021 (IIJA) also known as the “Bipartisan Infrastructure Law” (P.L. 117-58). The IIJA is a transformational opportunity to ensure that the benefits of federal investment are shared equitably by communities in estuary program study areas. Executive Order (EO) 14008, Tackling the Climate Crisis at Home and Abroad, Section 223, sets a goal for 40% of the overall benefits of federal funding to flow to disadvantaged communities - the Justice40 initiative.

Disadvantaged communities are defined in the Interim Implementation Guidance for the

Justice40 Initiative (pdf) (OMB Memo M-21-28). EPA’s NEP and Geographic Programs are encouraged to consider EJ as they update their CCMP and identify priority actions. The conservation and restoration process should prioritize projects with significant benefits that flow to historically disadvantaged, underserved, vulnerable, or overburdened communities within their study areas.

https://doh.wa.gov/community-and-environment/health-equity/environmental-justice https://doh.wa.gov/community-and-environment/health-equity/environmental-justice https://doh.wa.gov/community-and-environment/health-equity/environmental-justice https://doh.wa.gov/community-and-environment/health-equity/environmental-justice https://doh.wa.gov/community-and-environment/health-equity/environmental-justice https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/27/executive-order-on-tackling-the-climate-crisis-at-home-and-abroad/ https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/27/executive-order-on-tackling-the-climate-crisis-at-home-and-abroad/ https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/27/executive-order-on-tackling-the-climate-crisis-at-home-and-abroad/ https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/27/executive-order-on-tackling-the-climate-crisis-at-home-and-abroad/ https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/27/executive-order-on-tackling-the-climate-crisis-at-home-and-abroad/ https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/27/executive-order-on-tackling-the-climate-crisis-at-home-and-abroad/ https://www.whitehouse.gov/wp-content/uploads/2021/07/M-21-28.pdf https://www.whitehouse.gov/wp-content/uploads/2021/07/M-21-28.pdf https://www.whitehouse.gov/wp-content/uploads/2021/07/M-21-28.pdf https://www.whitehouse.gov/wp-content/uploads/2021/07/M-21-28.pdf https://www.whitehouse.gov/wp-content/uploads/2021/07/M-21-28.pdf https://www.whitehouse.gov/wp-content/uploads/2021/07/M-21-28.pdf

EJ and addressing climate change are key Agency priorities reflected in the EPA FY 2022–2026

Strategic Plan, which provides the framework for EPA to integrate EJ considerations into its programs, plans, and actions, and to ensure equitable and fair access to the benefits from environmental programs for all individuals. Consistent with EO 14008, the Justice40 Initiative, and Office of Management and Budget’s (OMB) Interim Implementation Guidance for the

Justice40 Initiative, the EPA Strategic Plan’s first two goals are to:

• “Tackle the Climate Crisis” by reducing emissions that cause climate change and accelerating resilience and adaptation to climate change impacts (Goal 1).

• “Take Decisive Action to Advance EJ and Civil Rights” by promoting EJ and protecting civil rights at the federal, state, and local levels (Goal 2).

A fifth goal of the Strategic Plan is to:

• “Ensure clean and safe water for all communities” by protecting and restoring waterbodies and watersheds (Goal 5).

Clean and safe water is a vital resource that is essential to the protection of human health.

Without clean water, communities and economies cannot thrive. EPA is committed to ensuring clean and safe water for all, especially for vulnerable communities of color, underserved communities, and Tribal communities.

Please read EPA’s FY 2022-2026 Strategic Plan for more information.

C. Program Goals and Objectives

Work to be funded under this NOFO

The long-term goal of this NOFO is toward achievement of EJ by directing resources and ultimately environmental and community benefits toward communities with potential EJ concerns. We also anticipate that this NOFO and the resulting project outputs and outcomes will lead to improved, longer-term integration of EJ principles into Puget Sound restoration and recovery. To achieve this, EPA plans to select and fund one organization (that organization may identify collaborating organizations) to manage and implement Puget Sound restoration, recovery, and community engagement with a focus on EJ and consistent with the 2022-2026 Puget Sound Action Agenda.

Specifically, the successful applicant will:

• Develop and administer a support program that includes subawards and non-subaward forms of support such as participant support costs, contracts, micropurchases, and organizational capacity.

• Provide technical assistance, capacity support, and coordinate meaningful engagement with communities with EJ concerns.

• Manage this cooperative agreement with EPA.

https://www.epa.gov/planandbudget/strategicplan https://www.epa.gov/planandbudget/strategicplan https://www.epa.gov/planandbudget/strategicplan https://www.epa.gov/planandbudget/strategicplan https://www.epa.gov/planandbudget/strategicplan

Applicants should demonstrate their ability and approach for managing this cooperative agreement by describing:

• How they have experience or expertise working with communities with potential EJ concerns.

• How they have experience or expertise working and collaborating with the various Puget

Sound restoration partners through the management conference and other mechanisms.

• How their efforts would result in improved EJ integration into the 2022-2026 Puget

Sound Action Agenda implementation.

• How they would use these funds efficiently, effectively, and develop appropriate organizational capacity to facilitate a subaward program and other support

EPA expects to provide funding annually over two years to be used for awards and subawards, and non-subaward mechanisms (e.g. participant support costs, contracts, micropurchases, organizational capacity, as mentioned in Section I.A.) under this competitive opportunity, subject to the availability of funds, the quality of applications received, and other applicable considerations. Application project periods can be up to six years.

EPA expects to provide up to $7 million over two years of funding with approximately $4 million of funding available in the first year of the whole award. EPA is seeking applications for which most of the funding will be provided to communities for projects and activities through subawards and non-subaward mechanisms, along with funding for the successful applicant to assist and support the subawardees and to coordinate engagement with the Puget Sound

Management Conference.

Funded activities and subawards made under this NOFO must be carried out within the Puget

Sound geographic region (see map in Appendix A) or, in the case of outreach and education, include communities that use the Puget Sound for recreation, subsistence, or economic activities. Funded activities and subawards must also address priorities identified in the 2022-

2026 Puget Sound Action Agenda and within the Puget Sound boundaries. Additionally, the successful applicant must comply with requirements in 2 CFR Parts 200 and 1500 applicable to

“pass-through entities” (also known as subrecipients or subawardees) as well as EPA’s Subaward

Policy and General Term and Condition (T&C) Making and Managing Subawards.

EPA is seeking cost-effective applications from eligible applicants to:

1. Develop and administer a program of subawards and other support

The program of subawards and other forms of support must be focused on activities that address challenges and opportunities facing communities with potential EJ concerns within the scope of the

2022-2026 Puget Sound Action Agenda. Some specific actions from the 2022-2026 Puget Sound

Action Agenda are described under desired outcome 5 - Ensure Human Wellbeing.

https://www.psp.wa.gov/2022AAupdate.php https://www.psp.wa.gov/2022AAupdate.php https://www.psp.wa.gov/2022AAupdate.php https://www.psp.wa.gov/2022AAupdate.php https://www.psp.wa.gov/2022AAupdate.php https://www.psp.wa.gov/2022AAupdate.php https://www.psp.wa.gov/2022AAupdate.php https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II https://www.ecfr.gov/current/title-2/subtitle-B/chapter-XV/part-1500 https://www.epa.gov/grants/grants-policy-issuance-gpi-16-01-epa-subaward-policy-epa-assistance-agreement-recipients https://www.epa.gov/grants/grants-policy-issuance-gpi-16-01-epa-subaward-policy-epa-assistance-agreement-recipients

EPA recognizes the differing levels of project types, associated outcomes, and actual costs associated with transformative, meaningful, long-lasting EJ. As such, applicants may utilize a range of funding levels in their subaward program. Subawards funded under the cooperative agreement must be completed prior to the end of the cooperative agreement project period as required by the terms and conditions of the cooperative agreement.

Subaward projects must implement actions in the 2022-2026 Puget Sound Action Agenda.

Within these parameters, the applicant’s program to make and manage the subawards should address the following factors and considerations in their application. See full guidance on EPA’s

Subaward Policy:

• How solicitations and subaward proposals will be developed and managed, what criteria and review processes will be used to process proposals and make decisions on whether to fund them or not, and how this subaward cycle will be documented and managed.

• How collaborative, supportive relationships with the subawardees will be established, maintained, and demonstrated. This also includes comprehensive working understanding of communities with potential EJ concerns and their highest priority environmental concerns and how these are represented in the 2022-2026 Puget Sound

Action Agenda.

• How subaward performance will be monitored. This includes what systems will ensure that subawards are made expeditiously and performed effectively, and that subaward funds are drawn down timely such that unliquidated obligations are minimized.

Monitoring subaward performance is intended to ensure that the subawards are achieving the objectives of the program, expected outputs and outcomes, and other subaward requirements.

• How detailed working knowledge of the 2022-2026 Puget Sound Action Agenda and its implementation and other programmatic background provided with this NOFO will be developed and maintained; and how this knowledge will be used to support the subrecipients under this program. Support to subrecipients could take a variety of forms, including email and other written materials, webinars, workshops, trainings, or other types of information sessions, or links to support provided by the PSP, SILs, Tribal

Implementation Leads, or other Management Conference partners.

• How technical and administrative support during subaward conduct will be provided to subawardees. This includes technical capacity to review and ensure subaward workplans are feasible and appropriate to meet outputs and outcomes, and to be a resource to subrecipients who may seek technical and administrative support throughout the conduct of their projects. This also includes support for compliance with EPA grant requirements that pass through to subrecipients.

• How subaward work products and reports will be made available and/or proactively shared for the benefit of both the subrecipient and broader recovery community. This may include program-wide analyses and syntheses of work products along specific themes or lines (e.g., analyses/syntheses of award contributions to EJ in Puget Sound);

https://www.epa.gov/sites/default/files/2020-11/documents/gpi-16-01-subaward-policy_attachments.pdf https://www.epa.gov/sites/default/files/2020-11/documents/gpi-16-01-subaward-policy_attachments.pdf highlighting individual subrecipient work products, etc. This may also include convening conferences, workshops, or other venues for sharing lessons learned, best practices, or other focus areas among subrecipients and other practitioners. Finally, this may also entail supporting and encouraging subrecipients to share their work products and activities through conferences, workshops, professional associations, journal publications, and other venues.

• How climate resilience and its connection to EJ will be reflected and, as appropriate, integrated into the subaward program. Climate resilience refers to the capacity of a system to maintain function in the face of stresses imposed by climate change and to adapt the system to be better prepared for future climate impacts (EPA Strategic Plan

2022-2026). This may include activities to study, evaluate, model, plan, and prepare for the impacts of climate change on Puget Sound ecosystem protection and restoration activities as they relate to communities with EJ concerns. This may also include applying applicant technical expertise to helping subawardees integrate climate change adaptation and resilience into project design and implementation.

To address the full scope of EJ related work, the program may need to include non-subaward mechanisms to reach established EJ organizations, leaders, or other recipients that lack capacity or structure to receive federal subawards (e.g., organizations without a unique entity identifier (UEI))

Applicants should also review EPA guidance on non-subaward mechanisms, as the EPA does not recognize “fiscal sponsors“ or “fiscal agents.” Non-subaward mechanisms include:

• Participant support costs

• Contracts

• Micropurchases

• Organizational capacity-building

The environmental and financial benefits of the program of subawards and other forms of support must be targeted to communities with potential EJ concerns within the Puget Sound geographic boundaries (see Appendix A. Puget Sound Map). As such, the applicant must demonstrate and describe:

• A strategy on:

o How such communities will be defined and identified (EJScreen, CEJST, Washington Health Disparities tool).

o How to ensure funding decisions are race neutral, i.e., governmental benefits are not distributed based on race, or national origin.

o How environmental and community benefits will be defined and tracked.

o How to prioritize communities that are the most overburdened (experiencing multiple/ cumulative impacts) and/or the communities that are the most underserved (ones rural in nature, least resources/ capacity, etc.).

https://www.epa.gov/system/files/documents/2023-04/epa_subaward_policy_frequent_questions.pdf https://www.epa.gov/ejscreen https://www.epa.gov/ejscreen https://www.epa.gov/ejscreen https://screeningtool.geoplatform.gov/en/#3/33.47/-97.5 https://screeningtool.geoplatform.gov/en/#3/33.47/-97.5 https://screeningtool.geoplatform.gov/en/#3/33.47/-97.5 https://doh.wa.gov/data-and-statistical-reports/washington-tracking-network-wtn/washington-environmental-health-disparities-map https://doh.wa.gov/data-and-statistical-reports/washington-tracking-network-wtn/washington-environmental-health-disparities-map o How to ensure that projects and activities supported by this program will address, coordinate, leverage, and specifically link to the Puget Sound management conference process - which includes working with tribal, Local

Integrating Organizations (LIOs) and SILs, and other management conference partners.

Related to the elements described under Section I.C.1, applicants must also describe how they will ensure that activities supported under this program are eligible for support. Activities eligible to be supported must align with the 2022-2026 Puget Sound Action Agenda. In addition to typical environmental restoration projects, additional examples of projects and activities that consider communities in recovery include:

• Projects that incorporate traditional/indigenous/local knowledge into management actions.

• Projects that focus on improving food security, access and availability of traditional foods, or ability to engage in subsistence harvest.

• Projects that increase meaningful participation from communities with potential EJ concerns in management conference.

• Projects that improve access to environmental and health information.

• Projects that increase access to green spaces that incorporate aspects of green infrastructure/ or stormwater best management practices principles.

• Projects that enhance community resilience and sustainability.

• Projects that provide educational or professional work opportunities and experiences for students or recent graduates through scholarships, fellowships, internships, or mentorships.

• Projects that provide trainings, workshops and other opportunities/resources for community organizations to help them plan, compete, design, and implement projects.

• Other similar activities that the applicant proposes, and EPA approves, that are consistent with the purposes of this NOFO, and are within the scope of the 2022-2026

Puget Sound Action Agenda.

The applicant should indicate how they will ensure compliance with Federal requirements for

“Subrecipient Monitoring and Management in 2 C.F.R. § 200.331 through 2 C.F.R. § 200.333, EPA’s “Establishing and Managing Subawards” General Term and Condition. EPA requirements for reporting environmental and/or programmatic outputs, outcomes, and metrics are for the subaward program and all subawards. This includes identifying how negotiated metrics will be collected from recipients of support and reported to EPA.

2. Provide assistance, capacity support, and coordinate meaningful engagement

This support must be focused on communities with potential EJ concerns and providing them technical support as necessary. EPA anticipates that the applicant will propose to provide https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D trainings, workshops, and other educational opportunities and resources that will help organizations plan, design, implement, and communicate projects broadly accessible to communities with potential EJ concerns The applicant can also coordinate with EPA Region 10’s

Thriving Communities Technical Assistance Centers (Northwest Environmental Justice Center and the University of Washington’s Center for Environmental Health Equity) for additional technical assistance, capacity support, outreach, and meaningful engagement.

Additionally, EPA anticipates that the applicant will propose to work closely with communities, Tribal governments or consortia, Local Implementing Organizations (LIOs), local and state governments, non-governmental organizations, management conference partners, and others to advance meaningful engagement. Some examples of activities include:

• Encouraging decision making that reflects meaningful involvement from communities with potential EJ concerns.

• Facilitating community involvement in the Puget Sound Management Conference.

• Ensuring that meetings, information exchange, and learning are productive and reflect meaningful involvement from communities with potential EJ concerns.

• Improving communities with potential EJ concern’s ability to meaningfully engage in the

Puget Sound management conference through information accessibility – media types, multiple languages, etc.

3. Manage the Cooperative Agreement with EPA

The successful applicant will be expected to comply with all terms and conditions, policies, and requirements relating to managing federal assistance agreements. The successful applicant will also need to ensure and support their subrecipient community in complying with all terms and conditions, policies, and requirements relating to federal assistance that flow down to them from the award made under this NOFO In addition, the successful applicant is expected to adaptively manage the award by periodically developing and applying insights and lessons learned from past experiences with Puget Sound Action Agenda implementation programs to ongoing conduct of the program. A successful applicant’s proposal to manage the cooperative agreement awarded under this NOFO should address the following factors and considerations:

• Working with the EPA Project Officer to establish, staff, and sustain regular and robust mechanisms for communicating on the cooperative agreement. This may include regular check-ins with the EPA Project Officer, dedicated conversations to support semiannual progress reporting requirements, and other mechanisms.

• Mechanisms and systems to proactively manage and track grant and subaward funds to ensure compliance with targets that EPA may specify regarding unliquidated obligations.

• Mechanisms and systems to manage and track compliance of all aspects of the grant and subaward conduct to ensure compliance with all EPA Terms and Conditions. This includes required semiannual progress reporting (both from subawardees to the applicant, and https://www.epa.gov/environmentaljustice/environmental-justice-thriving-communities-technical-assistance-centers#Overview%20of%20the%20EJ%20TCTACs https://nwejc.org/ https://deohs.washington.edu/cehe/ https://www.epa.gov/grants/epa-general-terms-and-conditions-effective-october-1-2022-or-later https://www.epa.gov/grants/epa-general-terms-and-conditions-effective-october-1-2022-or-later from the applicant to EPA) and completing all required closeout processes (both from subawardees to the applicant, and from the applicant to EPA).

• Update workplans annually with incremental fund awards, develop communications about the funded program activities, represent the program at conferences and events, and cover closeout, synthesis, and related presentation activities.

• Mechanisms and processes to periodically affirm that the organization’s senior leadership is kept informed and supports the conduct and direction of the work, and that the conduct and direction of the work is well integrated into and coordinated with the organization’s strategic goals as well as with the organization’s commitment to collaborative engagement in the Puget Sound Management Conference and 2022-2026

Puget Sound Action Agenda implementation.

• Processes to periodically compile and address feedback on the program and adjusting if needed to strengthen achievement of program objectives. This may include obtaining or compiling feedback and communication from recipients of support on any aspect of program administration and support, lessons learned, and recommendations for ongoing management of the program.

D. EPA Strategic Plan/Executive Order Linkages and Anticipated Outputs, Outcomes, and Performance Measures

The U.S. Environmental Protection Agency (EPA) wants to make good on our commitment in building Community Capacity and Climate Resilience and Maximizing Benefits to Overburdened and Underserved Communities (EPA’s Strategic Plan). This NOFO will help EPA achieve its strategic EJ goals and serve as a mechanism to fund current and inspire future recovery work that has long-lasting positive effects on vulnerable, underserved, and overburdened communities in the Puget Sound Region.

This announcement supports key priorities of the Biden-Harris Administration as detailed in EO

13985 signed by President Biden on January 20, 2021, titled, “Advancing Racial Equity and

Support for Underserved Communities Through the Federal Government,” and EO 14008 signed by President Biden on January 27, 2021, titled, “Tackling the Climate Crisis at Home and

Abroad”. Specifically, the workplan selected under this announcement will support the federal government’s efforts to advance racial equity, address health outcome disparities, and support underserved communities.

In addition, pursuant to Section 6a of EPA Order 5700.7, “Environmental Results under EPA Assistance

Agreements,” EPA must link the funded assistance agreement to the Agency’s Strategic Plan. As such funded activities must support Goal 2, Take Decisive Action to Advance EJ and Civil Rights, Objective

2.1, Promote EJ and Civil Rights at the Federal, Tribal, State, and Local Levels.

https://www.epa.gov/system/files/documents/2022-03/fy-2022-2026-epa-strategic-plan.pdf 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 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 https://www.epa.gov/grants/epa-order-57007a1-epas-policy-environmental-results-under-epa-assistance-agreements

EJ and addressing climate change are key EPA priorities reflected in the Agency’s FY 2022–2026

EPA Strategic Plan, which provides the framework for EPA to integrate climate and EJ considerations into its programs, plans, and actions, and to ensure equitable and fair access to the benefits from environmental programs for all individuals. Consistent with EO 14008, the

Justice40 Initiative, and Office of Management and Budget’s (OMB) Interim Implementation

Guidance for the Justice40 Initiative, the Strategic Plan’s relevant goals are to:

• “Tackle the Climate Crisis” by reducing emissions that cause climate change and accelerating resilience and adaptation to climate change impacts (Goal 1).

• “Take Decisive Action to Advance EJ and Civil Rights” by promoting EJ and protecting civil rights at the federal, state, and local levels (Goal 2).

• “Ensure clean and safe water for all communities” by protecting and restoring waterbodies and watersheds (Goal 5).

Applicants should explain in their application how their project will further the strategy of Goal’s

1, 2, and 5. Applicants must include specific statements describing the environmental results of the proposed project in terms of well-defined outputs and, to the maximum extent practicable, well-defined outcomes that will demonstrate how the project will contribute to the goals and objectives described above.

Outputs (Evaluation Criteria, Section V.A)

The term “output” means an environmental activity, effort, and/or associated work product related to an environmental goal and objective that will be produced or provided over a period of time or by a specified date. Outputs may be quantitative or qualitative but must be measurable during an assistance agreement funding period (Appendix B). Examples of some expected outputs from funded project(s) may include the following:

• Draft and final plans for a subaward cycle that includes a solicitation phase, a proposal review process and phase, a subaward contracting phase, a subrecipient monitoring and support phase, and a closeout phase.

• Mechanisms for ensuring that communities with potential EJ concerns’ input and interests are considered in environmental decision making.

• Assessment results that demonstrate ways to improve public participation from communities with potential EJ concerns.

• A study into the feasibility of creating a public participation/meaningful engagement program.

• Community engagement and participation program with fair treatment and meaningful participation priorities.

• Draft and final plans for coordinating with PSP, SIL, Tribal Implementation Lead, and other Management Conference Puget Sound recovery partners.

• Documentation of subaward monitoring activities.

https://www.epa.gov/planandbudget/strategicplan https://www.epa.gov/planandbudget/strategicplan https://www.epa.gov/planandbudget/strategicplan https://www.epa.gov/planandbudget/strategicplan https://www.epa.gov/planandbudget/strategicplan https://www.epa.gov/planandbudget/strategicplan https://www.epa.gov/planandbudget/strategicplan https://pugetsoundestuary.wa.gov/ https://www.epa.gov/puget-sound/funding-availability-puget-sound-action-agenda-tribal-implementation-lead-20

• Documentation of compliance with award terms and conditions, as appropriate (e.g., documentation of applicant quality assurance and quality management systems, a record of submitted progress reports, etc.).

Outcomes (Evaluation Criteria, Section V.A.)

The term “outcome” means the result, effect or consequence that will occur from carrying out an environmental program or activity that relates to an environmental or programmatic goal or objective. Outcomes may be environmental, behavioral, health-related, or programmatic in nature; and may not necessarily be achievable within an assistance agreement funding period.

Additionally, outcomes should be organized by expected time-period (short-term, intermediate, and long-term). Short term outcomes refer to changes in knowledge or attitudes and usually occur during the project period. Intermediate outcomes refer to changes in behaviors and actions due to the knowledge acquired and are usually measured within several months after the end of the project. Long-term outcomes refer to changes in conditions and are measured a year or several years after project completion. Short-term, intermediate, and long-term outcomes are related and build on one another. EPA encourages recipients to identify outcomes wherever possible because they lead to environmental and/or public health improvement more clearly than outputs. Here are examples of possible outcomes:

• The Puget Sound Management Conference has a substantive understanding and appreciation of EJ and the importance of community participation and engagement in implementation of the 2022-2026 Puget Sound Action Agenda.

• Communities with potential EJ concerns are more represented in the Management

Conference and are involved in the implementation of the 2022-2026 Puget Sound

Action Agenda.

• Measurable progress toward Puget Sound ecosystem recovery targets (See 2022-2026

Puget Sound Action Agenda) that benefits communities with potential EJ concerns.

Performance Measurement Plan (Evaluation Criteria, Section V.A.)

Applicants should describe how they plan to track and monitor their project performance and progress throughout the project period. Outputs and outcomes are critical components of an applicant’s overall plan for measuring their project’s performance. An applicant will be evaluated on the quality of their overall performance measurement plan, including the proposed outputs, outcomes, and associated timeframes for achieving those results. Generally, higher quality performance measurement plans include specific target metrics where possible for both outputs and outcomes. An applicant’s performance measurement plan will help gather insights, will be the mechanism to track successful progress, outputs and outcomes, and will provide the basis for developing lessons learned to inform future recipients.

The following questions are also useful to consider when developing output and outcome measures of quantitative and qualitative results:

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• What are the expected measurable short term and longer term results the project will achieve?

• How does the project measure progress in achieving the expected results (including outputs and outcomes) and how will the approach use resources effectively and efficiently?

• Are the projected outputs and outcomes specific and detailed?

• Are specific target measures included where possible?

• Are target measures reasonable and achievable within the project period and for the funding amount?

To ensure an application supports implementation of both the 2022-2026 Puget Sound Action

Agenda and EPA’s national strategic plan objectives, applicants should carefully consider the underlying logic of proposed tasks, outputs, and outcomes, and explain how they support the objectives of this solicitation. To support this approach, applicants should include a graphical logic model. A logic model summarizes the theory of change and identified the major elements of the project and connects strategic objectives to the proposed resources, activities, outputs, and outcomes. Applicants may also describe the underlying logic of their proposed work in narrative form.

E. Statutory Authority

The statutory authority for the assistance agreement to be funded under this announcement is

Section 320(g) of the Clean Water Act (National Estuary Program) (33 U.S.C. § 1330) and Section

126 of the Clean Water Act (33 U.S.C. § 1276b). Congress also appropriated funds for this grant program under the “Infrastructure Investment and Jobs Act of 2021” (IIJA) also known as

Bipartisan Infrastructure Law (BIL) (Public Law 117-58). EPA’s authority to obligate grant funds is subject to the availability of appropriated funds.

F. Additional Provisions for Applicants Incorporated into the Solicitation

Additional provisions that apply to sections III, IV, V, and VI of this solicitation and/or awards made under this solicitation, can be found at EPA Solicitation Clauses. These provisions are important for applying to this solicitation and applicants must review them when preparing applications for this solicitation. If you are unable to access these provisions electronically at the website above, please contact the EPA point of contact listed in this solicitation (usually in

Section VII) to obtain the provisions.

https://www.epa.gov/grants/epa-solicitation-clauses

II. Award Information

A. Number and Amount of Awards

EPA anticipates awarding one cooperative agreement from this NOFO, subject to the availability of funds, the quality of applications received, and other applicable considerations. The total estimated federal funding anticipated is approximately $7,000,000 from Infrastructure

Investment and Jobs Act (IIJA) funding, to be incrementally funded over 2 years. Projects periods may be up to 6 years. Incremental funding after the initial award is subject to future appropriations, satisfactory performance of work, and other applicable considerations.

B. Start Date and Length of Project Period

Successful applicants should plan for activities supported by the cooperative agreement to begin on or after January 2, 2025. EPA will accept applications for a 6-year project period. The application must clearly demonstrate how the project will be sustained for the time frame proposed.

C. Funding Type

The successful applicant will be issued a cooperative agreement. A cooperative agreement1 is an assistance agreement that is used when there is substantial federal involvement with the recipient during the performance of an activity or project. EPA will negotiate the precise terms and conditions of “substantial involvement” as part of the award process. Federal involvement may include close monitoring of the recipient’s performance; collaboration during the performance of the scope of work; in accordance with 2 C.F.R. 200.317 and 2 C.F.R. 200.318, as appropriate, review of proposed procurements; reviewing qualifications of key personnel;

and/or review and comment on the content of printed or electronic publications prepared. EPA does not have the authority to select employees or contractors employed by the recipient. The final decision on the content of reports rests with the recipient.

In addition, under the cooperative agreement, EPA involvement may include:

• Negotiating the initial Scope of Work for the cooperative agreement and also annual amendments when incremental funding is applied for. EPA may re-negotiate annual work plans and budgets so long as the revised workplans and budget are consistent with the scope of work of the agreement and the solicitation and EPA’s annual federal budget.

• Monitoring the project management and execution throughout the assistance agreement’s project and budget period.

• Providing technical assistance and coordination as requested or needed by the recipient.

1 92 Stat. 3 - Federal Grant and Cooperative Agreement Act

• Reviewing and approve technical deliverables.

D. Other Award Provisions

EPA reserves the right to reject all applications and make no awards under this announcement.

In appropriate circumstances, EPA reserves the right to partially fund applications by funding discrete portions or phases of proposed projects. If 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 was evaluated and selected for award, and therefore maintains the integrity of the competition and selection process. Awards may be incrementally funded, as appropriate based on funding availability, satisfactory performance, and other applicable considerations.

III. Eligibility Information

Note: Additional provisions that apply to this section can be found at EPA Solicitation Clauses.

A. Eligible Entities

As described in Assistance Listing 66.123, eligible entities are:

• Federal government agencies and Washington State government agencies.

• Public and private institutions of higher education located in the United States.

• Units of local government organized under Washington State law and located within the

Greater Puget Sound basin.

• Special purpose districts, as defined by Washington State law at RCW 36.93.020, including but not limited to, irrigation districts, and water and sewer districts that are located in or govern land and water resources within the greater Puget Sound basin.

• Conservation districts located in or governing land and water resources within the greater Puget Sound Basin.

• Watershed planning units formed under RCW 90.82.040 and RCW 90.82.060, local management boards organized under RCW 90.88.030, salmon recovery lead entities organized pursuant to RCW 77.850, regional fisheries enhancement groups organized pursuant to RCW 77.95.060 and Marine Resource Committees organized pursuant to

RCW 36.125.010 and RCW 36.125.020 if they are located within or their jurisdictions include waters and/or lands within the greater Puget Sound basin.

• Intrastate organizations such as associations of cities, counties, or conservation districts in the greater Puget Sound basin.

• Nonprofit nongovernmental entities.

https://sam.gov/fal/d6d93a48940d4ddbb632cefa5e56a609/view

Note: For purposes of this NOFO, consistent with the definition of Nonprofit organization as described under 2 C.F.R. § 200.1., the term nonprofit organization means any corporation, trust, association, cooperative, or other organization that: (1) is operated mainly for scientific, educational, service, charitable, or similar purpose in the public interest; (2) is not organized primarily for profit; and (3) uses net proceeds to maintain, improve, or expand the operation of the organization The term includes tax-exempt nonprofit neighborhood and labor organizations. Note that 2 C.F.R. § 200.1 specifically excludes Institutions of Higher Education from the definition of non-profit organization because they are separately defined in the regulation. While not considered to be a non-profit organization(s) as defined by 2 C.F.R. § 200.1, public or nonprofit

Institutions…

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