EPA-OW-OWOW-22-03 WPDG tribal.pdf

Federal Agency Name: U.S. Environmental Protection Agency/Office of Water/Office of Wetlands, Oceans, and Watersheds

Funding Opportunity Title: Fiscal Year 2022 Tribal Wetland Program Development Grants

Announcement Type: Request for Applications (RFA)

Funding Opportunity Number: EPA-OW-OWOW-22-03

Assistance Listing Number: 66.461

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.

Key Dates:

Application submission All applications must be submitted electronically through Grants.gov as explained further in Section IV.

Applications must be submitted by October 7, 2022, at 11:59 P.M. Eastern Time (ET). Late applications will not be considered for funding.

Questions submission Questions about this RFA must be submitted in writing via email and must be received by the Agency Contact identified in Section VII, AGENCY CONTACTS, before September 20, 2022.

Written responses to questions will be posted on EPA’s website at: www.epa.gov/wetlands/wetland-program-development-grants.

Other dates 11/30/22 Anticipated date upon which EPA selects applications for awards.

01/01/23 Anticipated date upon which EPA awards grants to successful applicants.

The dates above (other than the application and question 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.

Note to Applicants:

If you name subawardees 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.

Contents of this Request for Applications:

I. Funding Opportunity Description p. 2

II. Award Information p. 10

III. Eligibility Information p. 11 https://www.epa.gov/grants/epa-solicitation-clauses https://www.epa.gov/wetlands/wetland-program-development-grants https://www.epa.gov/wetlands/wetland-program-development-grants https://www.epa.gov/grants/epa-solicitation-clauses

IV. Application and Submission Information p. 15

V. Application Review Information p. 25

VI. Award Administration Information p. 28

VII. Agency Contacts p. 29

VIII. Other Information p. 30

I. FUNDING OPPORTUNITY DESCRIPTION

Tribal Wetland Program Development Grants (WPDGs) assist tribal governments and intertribal consortia to develop or refine tribal programs which protect, manage, and restore wetlands. The primary focus of these grants is to develop/refine tribal wetland programs. Tribes and intertribal consortia are eligible to compete under this RFA. States, territories, interstate organizations, local governments, and nonprofit organizations are not eligible to compete under this RFA.

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, extent, prevention, reduction, and elimination of pollution. Projects that are demonstrations must involve new or experimental technologies, methods, or approaches to be eligible for WPDGs. EPA expects that the results of each project will be disseminated so that others can benefit from the knowledge gained in the demonstration project.

All applications submitted under this RFA must be for projects that develop or refine tribal 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.

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 applications is posted at EPA’s Wetland Grants Database for reference.

A. PROGRAM OBJECTIVES

The goals of 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, EPA seeks to develop the capacity of all levels of government to develop and refine effective, comprehensive programs for wetland protection and management.

Tribal Wetland Program Development Grants (WPDGs) provide tribes and intertribal consortia (hereafter referred to as “applicants”, “successful applicants” or “recipients”) an opportunity to develop and refine comprehensive tribal wetland programs. These programs are meant to:

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

https://iaspub.epa.gov/apex/wgd/f?p=101:50::::::

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

Core Elements. With the work of many states and tribes, EPA has identified a set of core elements, actions, and example/suggested activities that together support a comprehensive wetland program. 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 support an effective state/tribal wetland program. These four core elements are:

1. Monitoring and assessment.

2. Voluntary restoration and protection.

3. Regulatory approaches, including Clean Water Act (CWA) Section 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 http://www.epa.gov/wetlands/wetland-program-development-grants-eligible-activities-0.

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 eligible for funding under this program.

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

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 can only be for developing or refining wetland programs. 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 tribal 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. Wetland restoration training projects cannot include wetlands constructed only for the purposes of treating wastewater or stormwater.

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.

https://www.epa.gov/wetlands/core-elements-effective-state-and-tribal-wetland-programs https://www.epa.gov/wetlands/core-elements-effective-state-and-tribal-wetland-programs http://www.epa.gov/wetlands/wetland-program-development-grants-eligible-activities-0

Proposed projects must comply with all tribal 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 successful applicants 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 workgroup meetings. The successful applicants will select meeting locations, secure meeting facilities (e.g., meeting rooms, accommodations, audio-visual equipment, etc.), and develop meeting agendas and materials. The successful applicant will use its logos on any materials it provides; EPA will use its logos on any materials it provides. The successful 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. EPA will not participate in the selection or approval of individuals who receive travel assistance.

B. ENVIRONMENTAL RESULTS AND LINKAGE TO STRATEGIC PLAN

The activities to be funded under this solicitation support EPA’s FY 2022-2026 Strategic Plan. Awards made under this announcement will support Goal 5 - Ensure Clean and Safe Water for All Communities:

Provide clean and safe water for all communities and protect our nation’s waterbodies from degradation, Objective 5.2: Protect and Restore Waterbodies and Watersheds: Address sources of water pollution and ensure water quality standards are protective of the health and needs of all people and ecosystems.

(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 EPA’s Strategic Plan and discussion of environmental results can be found at: 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 period of performance.

Examples of anticipated outputs with potential associated Core Element in parenthetical from the assistance agreements to be awarded under this announcement include, but are not limited to:

• Development of a tribal Wetland Program Plan (WPP) (described in Section I.C.1.a, Track One:

WPP Applications) (All Core Elements).

• Development of training materials and tools (assessment criteria, protocols, etc.) to help tribal decision-makers integrate wetland protection and restoration into integrated watershed planning especially with regards to environmental justice1, hazard mitigation/flood/drought planning and

1 EPA 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. Fair 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 https://www.epa.gov/planandbudget/strategicplan https://www.epa.gov/planandbudget/strategicplan.html 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 climate change and resiliency including use of Traditional Ecological Knowledge (Voluntary Restoration/Protection and/or Regulatory Core Elements).

• Development of wetland maps directly or by supporting wetland mapping coalitions that may also incorporate traditionally important and sacred species identification into the wetland types (All Core Elements).

• Development of strategies that take into account hazard mitigation/flood/drought planning;

climate change and resiliency; and environmental justice into wetland restoration and protection including management of traditionally important and sacred species and cultural uses (Voluntary Restoration and Protection Core Element, Regulatory Core Element).

• Development of a report on the ambient condition of wetland resources at a tribal or population scale including traditionally important and sacred species, sites, etc. (Monitoring and Assessment Core Element).

• 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 methods or strategies to incorporate wetland water quality standards into EPA approved tribal water quality standards including traditional and culture uses (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 hazard mitigation/flood/drought impacts and climate resiliency into wetland protection and watershed planning (Monitoring and Assessment Core Element).

• Tribal training and outreach materials for tribal wetland staff and tribal members (All of the Core Elements).

• Development of tools or procedures, or studies and programs, to evaluate the ecological performance of compensatory mitigation projects (e.g., mitigation banks, in-lieu-fee projects, and permittee-responsible mitigation) and incorporate the results/findings/lessons learned into future compensatory mitigation project decision-making to help determine mitigation program success (Regulatory Core Element).

Outcomes are the result, effect, or consequence that will occur from carrying out an environmental program or activity that is related to the 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, in one scenario there may be a need to improve the knowledge and decision-making ability, with respect to environmental issues, of tribal government officials who are in the position of creating for example, laws, ordinances, and permits. 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 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.

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 decision-maker understanding of a wetland’s condition for a variety of “uses” including traditional and cultural uses.

• Increased stakeholder and decision-maker understanding of wetland ecologic condition and/or function at population scales (i.e., tribal or regional).

• Increased stakeholder and decision-maker understanding of the impacts of increased flooding/drought and/or climate resilience on wetlands especially on traditional and cultural uses.

• Improved wetland inventories and baseline condition assessments to address hazard mitigation/flood/drought effects and climate 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 decision-makers.

• Increased stakeholder and decision-maker understanding of how to develop a CWA Section 404 or tribal regulatory program.

• Increased stakeholder and decisionmaker knowledge through training and outreach for tribal members, wetland staff, the public, at risk communities, and/or other partners.

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

• Increased stakeholder and decision-maker understanding of the ecological success of compensatory mitigation and use to inform stakeholders and decisionmakers.

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 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

EPA is soliciting applications from eligible applicants to develop or refine tribal wetland programs.

Comprehensive wetland programs help enable tribes to more effectively protect, restore, and manage their wetland resources.

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

• Tribes can apply under Track One: WPP and/or Track Two: Non-WPP.

• Intertribal consortia can apply under Track Two: Non-WPP only.

Applicants may submit more than one application under this RFA. Each application must be separately submitted, be for a different project, and will be separately evaluated. In addition, tribal government 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 applicants may submit applications under each track, but each application must be separately submitted under either Track One: WPP or Track Two: Non-WPP. Tribal government applicants cannot submit one application covering both tracks. Intertribal consortia are only eligible under Track Two: Non-WPP.

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

A. Track One: WPP Applicants: demonstrate how they will develop or refine a Tribal Wetland Program Plan (and, if they so choose, by also carrying out actions described in the CEF at http://www.epa.gov/wetlands/wetland-program-development-grants-eligible-activities-0), or reference one or more grant-eligible action(s) from an EPA-approved Wetland Program Plan (see Section I.C.1.a, Track One Applicant Applications) that they plan to undertake, or

B. Track Two: Non-WPP Applicants: demonstrate that their application is developing or refining a tribal 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 http://www.epa.gov/wetlands/wetland-program-development-grants-eligible-activities-0 they will be developing or refining. Intertribal consortia applicants should, if applicable, reference one or more grant eligible action(s) from an EPA-approved Tribal Wetland Program Plan (see Section I.C.1.b, Track Two: Non-WPP 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 necessary to develop or refine tribal wetland programs typically requires various levels of government and non-government stakeholders (e.g., community residents, universities, nonprofit organizations) to work together. 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, from preparation, execution of the project, and through project evaluation/next steps. Applications will be evaluated based on their partnerships as described in Section IV.C.5.B.9, Partnership Information, and Section V, APPLICATION REVIEW INFORMATION, partnership criteria.

Track One: WPP eligible applicants will only be ranked among other Track One: WPP eligible applicants. Track Two: Non-WPP eligible applicants will only be ranked among other Track Two:

Non-WPP 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: WPP Applications Only tribal government applicants are eligible to submit applications and compete under Track One:

WPP. Track One: WPP applications will be evaluated and ranked against Track One: WPP applications based on the criteria in Section V.A. of this RFA.

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

Under Track One: WPP, tribes must submit applications for either: 1) carrying out grant-eligible actions from a current EPA-approved WPP and/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 http://www.epa.gov/wetlands/wetland-program-development-grants-eligible-activities-0). If a tribe submits any other type of application, they will be included and evaluated under Track Two: Non-WPP.

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

Wetland Program Plans 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 WPPs vary between three to six years, with more specific timeframes typically associated with WPP actions/activities.

Wetland Program Plans should include the following five minimum components:

1. An overall goal statement(s) for the program over the time 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 when a WPP is submitted to 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.

Wetland Program Plans 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 three to six years (please note, however, that program implementation efforts in a WPP are not eligible for WPDG funding). WPPs should also include any actions that the 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 http://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 EPA in a process that is independent of the WPDG process. EPA-approved tribal WPPs can be found at: https://www.epa.gov/wetlands/state-and-tribal-wetland-program-plans#r1.

A WPP versus a WPDG application. As described above, a WPP is a plan that outlines the goals, broad actions, and activities that a 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 one to four years 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 tribal wetland program.

If a tribe already has an EPA-approved WPP, they may submit an application to carry out grant-eligible actions in their WPP. The 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.

If a tribe does not have an EPA-approved WPP (at the time of issuance of this RFA) or if their EPA-approved WPP is expiring (within the next two years), they may submit an application to develop/update a WPP. In addition to developing or updating a WPP, a tribe may want to include in its application other http://www.epa.gov/wetlands/wetland-program-development-grants-eligible-activities-0 http://www.epa.gov/wetlands/what-enhancing-state-and-tribal-programs-effort https://www.epa.gov/wetlands/state-and-tribal-wetland-program-plans#r1 https://www.epa.gov/wetlands/state-and-tribal-wetland-program-plans#r1 program developing or refining tasks it wants to undertake during the time it will be developing its WPP.

The 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 http://www.epa.gov/wetlands/wetland-program-development-grants-eligible-activities-0 or from their existing WPP at http://www.epa.gov/wetlands/state-and-tribal-wetland-program-plans#r1.

A tribe may submit an application under this announcement 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 tribal program.

Tribes submitting applications to develop a WPP under Track One: WPP may want to include travel support and meeting set-up and facilitation support to hold meetings amongst state agencies, tribal agencies, or stakeholders. Alternative training workshops due to the impacts of COVID-19 may include switching from in-person formats to online only or reducing the number of participants in each training to allow participants to be located six feet apart from each other. EPA encourages “green” or climate neutral meetings, workshops, or in-person training.

b. Track Two: Non-WPP Applications Tribal governments and intertribal consortia are eligible to apply under Track Two: Non-WPP, and these applications will be evaluated and ranked against other Track Two: Non-WPP applications based on the criteria in Section V.A of this RFA. Intertribal consortia are only eligible to apply under Track Two:

Non-WPP.

Under Track Two: Non-WPP, tribes and intertribal consortia must submit applications that will develop or refine a tribe’s wetland program by either carrying out one or more action(s): 1) under a core element(s) from the CEF, or 2) if you are a intertribal consortium 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-

0. If the applicant is an intertribal consortium and is carrying out an action(s) from EPA-approved WPP(s) they must indicate which EPA-approved WPP(s) 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(s).

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

• In their EPA-approved WPP, a tribe proposes to develop regulations on groundwater withdrawals in areas surrounding vital wetlands. To link to this WPP, an intertribal consortium proposes to study the effect of groundwater withdrawals on particular types of wetlands common in the tribe and provide the results of the study to the tribe. The goal would be to inform the regulations governing groundwater withdrawals in areas near vital wetlands.

• In their EPA-approved WPP, a tribe proposes to survey wetlands identified in its existing wetland inventory to verify location, hydric conditions, and wetland type. To link to this WPP, an intertribal consortium proposes to perform this verification within the tribal boundaries of that tribe as well as other tribes that they may represent to provide a regional or watershed assessment.

All EPA-approved tribal WPPs can be found at: http://www.epa.gov/wetlands/state-and-tribal-wetland-program-plans#r1.

http://www.epa.gov/wetlands/state-and-tribal-wetland-program-plans#r1 https://www.epa.gov/wetlands/wetland-program-development-grants-eligible-activities-0 https://www.epa.gov/wetlands/wetland-program-development-grants-eligible-activities-0

D. 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.

II. AWARD INFORMATION

A. AMOUNT OF FUNDING

EPA anticipates approximately $3,600,000 in federal funding to be available for assistance agreements under this announcement to fund approximately 10 to 25 awards depending on funding availability and other applicable considerations. Under this announcement, EPA will have two separate applicant tracks with tribal governments eligible to apply in Track One: WPP and Track Two: Non-WPP, and intertribal consortia eligible to apply only in Track Two: Non-WPP describe in Section I.C.1.

EPA anticipates awarding approximately $2,600,000 in federal funds under Track One: WPP and approximately $1,000,000 in federal funds under Track Two: Non-WPP. It is anticipated that approximately 7 to 18 awards will be made under Track One: WPP and approximately 3 to 7 awards will be made under Track Two: Non-WPP. Awards for the selected projects will likely range from $25,000 to $250,000 in federal funding. 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 four-year project periods.

Awards may be fully or incrementally funded, as appropriate, based on funding availability, satisfactory performance, and other applicable considerations.

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, 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: WPP to Track Two: Non-WPP 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.

EPA reserves the right to make no awards under this announcement or make fewer awards than anticipated. In addition, 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.

The actual award amounts and number of projects awarded under each of the tracks described in Section I may differ from the estimated amounts for many reasons including the number of meritorious applications received, agency priorities, and funding availability.

B. TYPE OF FUNDING

Successful applicant(s) will be issued a grant or cooperative agreement as appropriate. A cooperative agreement 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 awards cooperative agreements for those projects in which it expects to have substantial interaction with the recipient throughout the recipient’s performance of the 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 CFR 200.317 and 2 CFR 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.

III. ELIGIBILITY INFORMATION

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

A. ELIGIBLE APPLICANTS

Tribal governments and intertribal consortia are eligible to apply for WPDGs under this announcement.

Tribes must be federally-recognized, although “Treatment in a manner similar to a state” status in accordance with CWA Section 518(e) is not required. As explained in Section I, there will be two separate application tracks with tribal governments eligible to apply in Track One: WPP Applications or Track Two: Non-WPP Applications, and intertribal consortia eligible to only apply in Track Two: Non- WPP Applications.

Please note:

• Intertribal consortia must meet the requirements of 40 CFR Part 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 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.

States, territories, interstate organizations, local governments, and nonprofit 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 Part 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.

http://www.ecfr.gov/cgi-bin/text-idx?SID=ee8aaaeb886b62da5acc07bba026ab76&mc=true&node=se40.1.35_1504&rgn=div8 http://www.ecfr.gov/cgi-bin/text-idx?SID=ee8aaaeb886b62da5acc07bba026ab76&mc=true&node=se40.1.35_1504&rgn=div8

If the cost share/match is provided by a subawardee, the subawardee’s contribution must comply with 2 CFR 200.306. Any indirect costs included in the subrecipients’ cost share contribution must be determined consistently with 2 CFR 200.332(a)(4). Successful applicants are still responsible for proper accountability and documentation of cost share contributions. 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.

A cost share/match calculator can be found at the WPDG website at https://www.epa.gov/wetlands/wetland-program-development-grants-and-epa-wetlands-grant-coordinators.

All applicants must describe in their application (Section IV.C.5.A and IV.C.5.B.5) 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. NO REQUIRED TRIBAL COST SHARE UNDER A PERFORMANCE PARTNERSHIP

GRANT (PPG)

If a tribe or intertribal consortium includes the funds for a grant awarded under this solicitation in an approved Performance Partnership Grant (PPG), there is no cost-share requirement. Where the applicant’s stated purpose is to include a grant awarded under this solicitation in a PPG, the applicant should prepare a budget and proposed work-plan based upon the assumption that EPA will approve the budget and work plan without cost share included. If the applicant ultimately does not or cannot include a grant awarded under this solicitation as part of an approved PPG, or subsequently chooses to withdraw the competitively awarded grant from their PPG, the tribe or intertribal consortium must then meet the applicable cost share/match requirements identified above in Section III and negotiate a new work-plan and budget with the EPA project officer based on the same total project cost and work initially proposed. Since the new budget will be based upon the initially proposed total project cost and the applicable cost share/match requirement will be increased, the federal award amount will be reduced accordingly. The purpose of this is to ensure that all work-plan activities for a competitively awarded project will be performed as initially proposed and in accordance with the adjusted budget reflecting the applicable cost share/match requirement and federal award amount.

https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/section-200.306 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/section-200.306 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/subject-group-ECFR031321e29ac5bbd https://www.epa.gov/wetlands/wetland-program-development-grants-and-epa-wetlands-grant-coordinators https://www.epa.gov/wetlands/wetland-program-development-grants-and-epa-wetlands-grant-coordinators

D. THRESHOLD ELIGIBILITY CRITERIA

All applications will be reviewed for eligibility and must meet the eligibility requirements described in Sections III.A., B., and C. to be considered eligible. 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 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. If a tribe or intertribal consortium intends to include a grant awarded under this solicitation in a PPG they must include a statement to that effect.

3. Applications must substantially comply with the application submission instructions and requirements set forth in Section IV, APPLICATION AND SUBMISSION INFORMATION, of this announcement, or else they will be rejected. However, where a page limit is expressed in Section IV with respect to the application, or parts thereof, pages in excess of the page limitation will not be reviewed. Applicants re advised that readability is of paramount importance and should take precedence in application format, including selecting a legible font type and size for use in the application.

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

a. For Track One: WPP Applicants, by demonstrating how they will develop/update a

Wetland Program Plan, or by referencing one or more grant-eligible action(s) from an EPA-approved WPP they plan to undertake as part of the proposed project, or

b. For Track Two: Non-WPP Applicants, by demonstrating which core element(s) and one or more actions under a core element(s) from the CEF at http://www.epa.gov/wetlands/wetland-program-development-grants-eligible-activities-0 their application is developing or refining, or, if they are an intertribal consortia, by referencing one or more grant-eligible action(s) from an EPA-approved Wetland Program Plan they plan to undertake as part of the proposed project.

5. All applications submitted under this solicitation must conduct or promote 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 as described in Section I. of this announcement.

6. Demonstration projects must involve new or experimental technologies, methods, or approaches, where the results of the project will be disseminated so that others can benefit from the knowledge gained in the demonstration project. 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 a demonstration and all or parts of the application will be eliminated from consideration. Such projects are implementation projects and are not eligible for funding under this announcement. Individual project tasks that are for program implementation are not eligible for funding. See Section III.E., below, on ineligible activities.

7. Initial applications must be submitted through Grants.gov as stated in Section IV, APPLICATION AND SUBMISSION INFORMATION, of this announcement (except in the https://grants.gov/ limited circumstances where another mode of submission is specifically allowed for as explained in Section IV) on or before the application submission deadline published in Section IV of this announcement. Applicants are responsible for following the submission instructions in Section IV of this announcement to ensure that their application is timely submitted. Please note that applicants experiencing technical issues with submitting through Grants.gov should follow the instructions provided in Section IV, which include both the requirement to contact Grants.gov and email a full application to EPA prior to the deadline.

8. Applications submitted outside of Grants.gov will be deemed ineligible without further consideration unless the applicant can clearly demonstrate that it was late due to EPA mishandling or because of technical problems attributable to Grants.gov or relevant SAM.gov. An applicant’s failure to timely submit their application through Grants.gov because they did not timely or properly register in SAM.gov or Grants.gov will not be considered an acceptable reason to consider a submission outside of Grants.gov. Applicants should confirm receipt of their application with Myra Price at WPDG-RFA@epa.gov within five business days after the submission deadline—failure to do so may result in your application not being reviewed.

9. Applicants may submit more than one application under this RFA. Each application must be separately submitted, be for a different project. In addition, tribal government applicants may submit different applications under either track, but each application must be separately submitted under either Track One: WPP or Track Two: Non-WPP. Tribal government applicants cannot submit one application covering both tracks. Any applications received that address both tracks will be deemed ineligible.

10. Intertribal consortia are only eligible to submit applications under Track Two: Non-WPP.

E. INELIGIBLE ACTIVITIES

If an application is submitted that has ineligible tasks, that portion of the application will be ineligible for funding and may, depending on the extent to which it affects the application, render the entire application ineligible for funding. Ineligible activities include, but are not limited to:

1. Wetland program implementation tasks.

2. Fund-raising, honorarium, or for the purchase of land or conservation easements.

3. Application project tasks that are required by a previous or pending permit, e.g., CWA

Section 404 permit, CWA Section 402 permit, CWA…