EPA-OW-OWOW-26-01_-_Mod_2.pdf

Change Log FEDERAL AGENCY: U.S. Environmental Protection Agency (EPA)

FUNDING OPPORTUNITY TITLE: Fiscal Year (FY) 2026 Funding Opportunity for Indian Tribes and Intertribal Consortia for Nonpoint Source Management Grants Under Clean Water Act Section 319

STATUTORY AUTHORITY: The statutory authorities for the assistance agreements to be awarded under this NOFO are Section 319(h) and Section 518(e) of the Clean Water Act (CWA).

ANNOUNCEMENT TYPE: Competitive

ASSISTANCE LISTING: 66.460

FUNDING OPPORTUNITY NUMBER: EPA-OW-OWOW-26-01

ACTION: Notice of Funding Opportunity (NOFO), Amendment No. 2

DATE: October 7, 2026

SUMMARY: This Notice revises the references to the recently released EPA Strategic Plan and adds additional information on process for requesting a grants.gov waiver if the prospective applicant is having technical difficulties. Accordingly,

• Section 3.B now reads “The activities to be funded under this funding announcement support Goal 1: Provide Clean Air, Land, and Water for Every American of the FY 2026–2030 EPA Strategic Plan. All applications must be for projects that support Goal 1.

As part of the Project Narrative, an applicant is required to describe how the project results will link the outcomes to Goal 1 and…”

• Section 5.D now includes the following passage: Applicants with limited or no access to the internet may request an exception by following the procedures outlined here. The request must be received at least 15 calendar days before the application due date to allow enough time to negotiate alternative submission methods.

https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.epa.gov%2Fplanandbudget%2Fstrategicplan&data=05%7C02%7CBuckelew.Margot%40epa.gov%7C1169af26f8c8475a0f4308df249ed535%7C88b378b367484867acf976aacbeca6a7%7C0%7C0%7C639269936762084776%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=tELyvxWjQYq6PaRzWkfC9ASDlRrQUc%2BReHdR%2BMmHKSo%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.epa.gov%2Fplanandbudget%2Fstrategicplan&data=05%7C02%7CBuckelew.Margot%40epa.gov%7C1169af26f8c8475a0f4308df249ed535%7C88b378b367484867acf976aacbeca6a7%7C0%7C0%7C639269936762084776%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=tELyvxWjQYq6PaRzWkfC9ASDlRrQUc%2BReHdR%2BMmHKSo%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.epa.gov%2Fgrants%2Fexceptions-grantsgov-submission-requirement&data=05%7C02%7CBuckelew.Margot%40epa.gov%7Cf1d0e17088fb48cdcb7508df24a43c5b%7C88b378b367484867acf976aacbeca6a7%7C0%7C0%7C639269959937795082%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=GCyqhJmj6Mcw3PHzeyk2CUHME031BugF7ZMoEvFmFB0%3D&reserved=0

Notice of Funding Opportunity

Applications Due: Monday, November 9, 2026

Office of Water – Office of Wetlands, Oceans, and Watersheds

Fiscal Year (FY) 2026 Funding Opportunity for Indian Tribes and Intertribal Consortia for Nonpoint Source Management Grants Under Clean Water Act Section 319

Funding Opportunity Number: EPA-OW-OWOW-26-01 i

Contents

1. Basic Information

A. Executive Summary B. Key Information C. Key Dates D. Funding Details E. Agency Contact Information F. Other Funding Considerations

2. Eligibility

A. Eligible Applicants

(1) Other Eligibility Requirements

B. Cost Sharing

(1) Performance Partnership Grants

(2) Tribal Match Clause for PPG-eligible Programs

3. Program Description

A. Purpose, Priorities, and Activities B. Program Goals and Objectives C. Statutory Authority D. Funding Type

4. Application Contents and Format

A. Application Forms B. Project Narrative Description C. Applicants Using Contractors D. Release Copies of Applications E. Coalition Coverage F. Other Program Specific Application Information

5. Submission Requirements and Deadlines

A. Submission Dates and Times B. Unique Entity Identifier (UEI) and System for Award Management (SAM.gov) C. Submission Instructions D. Technical Issues with Submission E. Intergovernmental Review

6. Application Review Information

A. Responsiveness Review B. Review Criteria C. Review and Selection Process

(1) Other Evaluation Factors

D. Risk Review

7. Award Notices ii

8. Post-Award Requirements and Administration

A. Administrative and National Policy Requirements B. Reporting C. Subaward and Executive Compensation Reporting D. Program Specific Reporting Requirements

9. Other Information

A. Additional Provisions for Applicants

Appendix A: Categories and Subcategories of NPS Pollution

1. Basic Information U.S. Environmental Protection Agency

Office of Water – Office of Wetlands, Oceans, and Watersheds

Fiscal Year (FY) 2026 Funding Opportunity for Indian Tribes and Intertribal Consortia for Nonpoint Source Management Grants Under Clean Water Act Section 319 https://www.epa.gov/nps/current-tribal-section-319-grant-information#competitive

A. Executive Summary:

The purpose of this Notice of Funding Opportunity (NOFO) is to support eligible Tribes and intertribal consortia to implement approved Nonpoint Source (NPS) management programs developed pursuant to CWA Section 319(b)(1). The Clean Water Act (CWA) Section 319(h) authorizes the EPA to award grants to eligible Tribes and intertribal consortia to implement approved NPS management programs. This NOFO will fund implementation of best management practices (BMPs) and measures that have been outlined in Tribal NPS Management Program Plans to address NPS pollution sources that have been identified in a Tribe’s Assessment Report.

Eligible applicants to this Notice of Funding Opportunity (NOFO) are federally recognized Tribes and intertribal consortia that meet the eligibility requirements described in Section 2.A.

C. Key Dates:

September 9, 2026 3:30 pm ET Information Webinar 1

September 17, 2026 2:00 pm ET Informational Webinar 2

October 23, 2026 11:59 pm ET FAQ Submission Deadline

November 9, 2026 11:59 pm ET Application Submission Deadline

Spring 2027 Anticipated Selection Notification

D. Funding Details:

It is anticipated that approximately 20 awards will be made under this announcement. The amount of funding is expected to be approximately $3.5 million, with individual awards up to $175,000 in federal funds, depending on Agency funding levels, the quality of applications received, agency priorities, and other applicable considerations. Awards funded under this opportunity are expected to have generally a 1 – 2 year project period.

B. Key Information:

Opportunity Number:

EPA-OW-OWOW-26-01

Assistance Listing:

66.460

Announcement Type:

Modification

Funding Available:

$3.5 million

Number of Awards:

20 Awards https://www.epa.gov/nps/current-tribal-section-319-grant-information#competitive

E. Agency Contact Information:

Further information, if needed, may be obtained from the EPA contact(s) indicated below.

Technical Contact: EPA National NPS Tribal Coordinator, Margot Buckelew tribal319grants@epa.gov

Eligibility Contact: EPA National NPS Tribal Coordinator, Margot Buckelew tribal319grants@epa.gov

Electronic Submissions Contact: Grants.gov Support support@grants.gov

1-800-518-4726

In accordance with EPA’s policy (EPA Order 5700.5A1), EPA staff will not meet with individual applicants to discuss draft applications, provide informal comments on draft application, or provide advice to applicants on how to respond to ranking criteria. Applicants are responsible for the contents of their applications. However, consistent with the provisions in the announcement, the EPA will respond to questions from individual applicants regarding threshold eligibility criteria, administrative issues related to the submission of the application, and requests for clarification about the announcement. Please note that applicants should raise any questions they may have about the funding announcement to the EPA National NPS Tribal Coordinator identified above as soon as possible so that any questions may be resolved prior to submitting an application. In addition, if necessary, the EPA may clarify threshold eligibility issues with applicants prior to making an eligibility determination.

Questions must be submitted in writing via email and must be received by the EPA the EPA National NPS Tribal Coordinator, Margot Buckelew (tribal319grants@epa.gov) by October 23, 2026. Written responses will be posted on the EPA’s Tribal NPS Program: Current Grant Guidance website. The EPA strongly recommends interested applicants refer to the FAQs document prior to submitting a question.

Informational Webinars:

The EPA will host two national information sessions regarding this announcement via webinar prior to the closing date of this NOFO. These webinars will be held September 9, 2026, at 3:30 pm ET, and September 17, 2026, at 2 pm ET. Webinar registration is available online and the EPA will attempt to answer any appropriate questions in these public forums. Information about these webinars, including webinar recordings and questions and answers, will be posted on the NPS Tribal website.

F. Other Funding Considerations:

Up to $3,500,000 may be awarded under this NOFO contingent on the quality of applications received, funding availability, satisfactory performance of work, and other applicable considerations. Funding each year is not guaranteed. The applications should include an annual budget and budget detail narrative for the project, and a detailed workplan covering each year of the project.

The EPA reserves the right to reject all applications and make no awards as a result of this announcement, or to make fewer awards than anticipated. Selection or award of funding under this NOFO is not a guarantee of future funding.

New or Not Recent Recipient Set-Aside: To increase the number of Tribal NPS programs benefiting from CWA Section 319 Tribal competitive grants, the EPA will reserve a portion of available funds for eligible mailto:tribal319grants@epa.gov mailto:tribal319grants@epa.gov mailto:support@grants.gov https://www.epa.gov/grants/epa-order-57005a1-epas-policy-competition-assistance-agreements mailto:tribal319grants@epa.gov https://www.epa.gov/nps/current-tribal-ss319-grant-information https://www.epa.gov/nps/current-tribal-ss319-grant-information https://www.epa.gov/nps/nonpoint-source-tribal-current-grant-information

Tribal applicants that have not received a competitive grant under the CWA Section 319 Tribal program in the last five years (FY 2021 – FY 2025). The EPA expects to select up to five recipients for these funds. A list of Tribes eligible for this set-aside can be found on the Tribal NPS website.

The actual award amounts and number of projects awarded under the set-aside for applicants that have not received a competitive CWA Section 319 Tribal award in the last five years may differ from the estimated amounts for many reasons including the number of meritorious applications received, agency priorities, and funding availability. In addition, the EPA reserves the right to increase or decrease (including decreasing to zero) the total number of awards under the set-aside or change the ratio of assistance agreements it awards among the set-aside.

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

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

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

2. Eligibility A. Eligible Applicants Only these types of organizations may apply:

An eligible Tribe or intertribal consortia must:

1. Be federally recognized,

2. Have an EPA approved NPS assessment report in accordance with CWA Section 319(a),

3. Have an EPA-approved NPS management program in accordance with CWA Section 319(b), and

4. Have “Treatment-in-a-manner-similar-to-a-State” (TAS) status in accordance with CWA Section

518(e).

To be eligible for CWA Section 319 grants under this NOFO, Tribes or intertribal consortium must have met these eligibility requirements as of October 10, 2025. For a complete list of Tribes eligible for CWA Section 319 FY2026 funding, refer to the eligibility section of the Tribal Section 319 Website.

Intertribal Consortia:

Some Tribes have formed intertribal consortia to promote cooperative work. An intertribal consortium is a partnership between two or more Tribes that is authorized by the governing bodies of those Tribes to apply for and receive assistance under this program (see 40 CFR 35.502). Individual Tribes who are part of an intertribal consortium that submits an application for a CWA Section 319 competitive grant may not also submit an individual CWA Section 319 competitive application. In such cases, the individual application will be considered ineligible.

https://www.epa.gov/nps/current-tribal-section-319-grant-information

The intertribal consortium is eligible only if the consortium demonstrates that all of its members have met the eligibility requirements listed above for the CWA Section 319 program by October 10, 2025, and member Tribes authorize the consortium to apply for and receive assistance in accordance with 40 CFR

35.504 at the time of application submission. An intertribal consortium must submit with its application adequate documentation of the existence of the partnership and the authorization of the consortium by its members to apply for and receive the grant (see 40 CFR 35.504).

(1) Other Eligibility Requirements

Applications must meet the following threshold criteria to be considered eligible:

1. All applications will be reviewed for eligibility and must meet the eligibility requirements described in Section 2.A 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.

2. An individual Tribe (or intertribal consortium) may not submit more than one application under this NOFO. If more than one application is submitted, the corresponding EPA Regional Contact will contact the applicant to determine which application to withdraw. Individual Tribes who are part of an intertribal consortium that submits an application for a CWA Section 319 competitive grant may not also submit an individual CWA Section 319 competitive application. In such cases, the individual application will be considered ineligible.

3. Applications cannot request more than $175,000 in federal funding. Applications that request more than $175,000 of federal funding will be rejected from further consideration.

4. All applications must contain an on-the-ground project to implement NPS BMPs. The use of funding for otherwise eligible project activities, including development of a watershed-based plan, is limited to 25 percent of the federal portion of the competitive grant (i.e., up to $43,750 of a $175,000 federal grant request). Tribal staff time supporting the implementation of NPS BMPs is not included in this 25 percent cap.

5. Pursuant to CWA Section 319(h)(12), administrative costs in the form of salaries, overhead, or indirect costs for services provided and charged against activities and programs carried out with the grant shall not exceed 10 percent of the grant award (federal share and Tribal cost share).

Additional information on administrative and indirect cost restrictions can be found in Sections 3.A and 4.B.vii.

6. All applications must include activities that are related to waters within a reservation, or they will be rejected. CWA Section 319 grant funds awarded under this competition may be awarded to Tribes for use outside the reservation only if they support activities that are related to waters within a reservation and are consistent with the applicant’s NPS source assessment report and management program. These activities may include either those relating to sources upstream of a waterway entering the reservation, or activities downstream of reservation waters. The application must clearly demonstrate the impacts of the upstream or downstream project on Tribal waters or it will be rejected from further consideration. If any project work, such as NPS BMP implementation activities or monitoring, is to occur off-reservation the applicant must assess and indicate in their application whether land access/permission is required, and if so, must demonstrate in the https://www.ecfr.gov/current/title-40/section-35.504 https://www.ecfr.gov/current/title-40/section-35.504 https://www.ecfr.gov/current/title-40/section-35.504 application that any necessary access agreements have been obtained from the landowner(s) by the time of application submission.

o Activities Related to Waters Within a Reservation: Section 518(e) of the CWA provides that EPA may treat an Indian Tribe in a manner similar to a state for purposes of CWA Section 319 of the CWA if, among other things, “the functions to be exercised by the Indian Tribe pertain to the management and protection of water resources which are within the borders of an Indian reservation” (see 33 U.S.C. 1377(e)(2)). The EPA has concluded that grants awarded to an Indian Tribe pursuant to CWA Section 319 may be used to perform eligible CWA Section 319 activities outside of a reservation if: (1) the activity pertains to the management and protection of waters within a reservation; and

(2) just as for on-reservation activities, the Tribe meets all other applicable requirements.

o Activities Unrelated to Waters of a Reservation: The EPA is not authorized to award CWA Section 319 grants for activities that do not pertain to waters of a reservation. For off-reservation areas, including “usual and accustomed” hunting, fishing, and gathering places, the EPA must determine whether the activities pertain to waters of a reservation prior to awarding a grant.

7. Applications must substantially comply with the application submission instructions and requirements set forth in Section 5.C of this announcement or else they will be rejected. However, where a page limit is expressed in Section 4.B with respect to the application, or parts thereof, pages in excess of the page limitation will not be reviewed. Section 4 establishes a 15-page, single-spaced Project Narrative page limit. Applicants are 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.

8. If an application is submitted that includes any ineligible tasks or activities, 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. Additional information on water quality monitoring restrictions can be found in Section 3.A.

B. Cost Sharing Applicants must demonstrate in their application how it will meet the cost share requirement to be considered eligible. Selected recipients must comply with 2 CFR 200.306 when meeting a cost share requirement.

CWA Section 319(h)(3) of the CWA requires a non-federal cost share of at least 40 percent of the total project cost, and the cost share must be provided from non-federal sources. The non-federal cost share may be provided in cash or can come from in-kind contributions, such as use of volunteers and/or donated time, equipment, expertise, etc., and is subject to the regulations governing matching fund requirements described in 2 CFR 200.306, as applicable. In-kind contributions can include salaries or other verifiable costs, and this value must be documented. Cost share must be used for eligible and allowable project costs. Cost share is considered grant funds and are included in the total award amount and should be used for the reasonable and necessary expenses of carrying out the work plan. All grant funds are subject to federal audit. Any restrictions on the use of grant funds also apply to cost share https://www.ecfr.gov/current/title-2/section-200.306 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/section-200.306 funds. Other federal grants may not be used as cost share without specific statutory authority. Examples of cost share calculations are provided in Table 1 below.

Certain funds originating from the Bureau of Indian Affairs (specifically, funds provided under funding agreements, contracts, or grant agreements pursuant to 25 U.S.C. Chapter 15, Subchapter II) may be used as match for CWA Section 319 funds. Pursuant to 25 U.S.C. 458cc(j), these funds are treated as non-federal funds for purposes of meeting cost share requirements.

The EPA’s regulations also provide that the Agency may decrease the cost share requirement to as low as 10 percent of the total costs if the applicant can demonstrate in writing to the satisfaction of the Regional Administrator that fiscal circumstances within the Tribe or within each Tribe that is a member of the intertribal consortium are constrained to such an extent that fulfilling the cost share requirement would impose undue hardship (see 40 CFR 35.635). Where the stated purpose is to decrease the cost share requirement based upon undue hardship, the applicant may prepare a budget and application based upon the assumption that the EPA will approve the reduced cost share under 40 CFR 35.635. If the applicant does not demonstrate undue hardship, the applicant must then meet the minimum 40 percent cost share requirement. The applicant must also provide a new budget with the final grant application based upon the program’s 40 percent cost share requirement and the federal award will be reduced accordingly. The purpose of this requirement is to ensure that all work plan activities for a project which is evaluated and competitively awarded will be implemented as described in the original application.

The following table demonstrates a 40 percent (CWA Section 319 minimum required non-federal cost share) and 10 percent (e.g., if undue hardship is demonstrated per 40 CFR 35.635) cost share on a CWA Section 319 maximum federal request of $175,000. The table is an example; applicants do not have to request the maximum amount. If applicants have additional questions regarding cost share calculations, please contact the National Tribal NPS Coordinator identified in Section 1.E.

Table 1. Example Cost Share Calculation

Federal Share Non-Federal Cost Share Federal Share Non-Federal Cost

Share Total Project Cost

$175,000 40% 60% $116,667 $291,667

$175,000 10% 90% $19,444 $194,444

Example Calculation:

1. If you know the total project costs:

(1) Multiply the total project costs by the cost share % needed.

(2) The total is your cost share amount.

For example:

If your total project cost = $291,667 (This is the total project cost for requesting the full amount of Federal match; i.e. $175,000) and you need 40% cost share, then $291,667 x .40 = $116,667 (cost share).

OR

https://uscode.house.gov/view.xhtml?req=granuleid:USC-1999-title25-section458cc&num=0&edition=1999 https://www.ecfr.gov/current/title-40/chapter-I/subchapter-B/part-35/subpart-B/subject-group-ECFRc859c9aa6651f84/section-35.635 https://www.ecfr.gov/current/title-40/chapter-I/subchapter-B/part-35/subpart-B/subject-group-ECFRc859c9aa6651f84/section-35.635 https://www.ecfr.gov/current/title-40/chapter-I/subchapter-B/part-35/subpart-B/subject-group-ECFRc859c9aa6651f84/section-35.635

2. If you know the total federal funds requested (i.e., $175,000 for this NOFO):

(1) Divide the total federal funds requested by the maximum federal share allowed.

(2) Subtract the federal funds requested from the amount derived in step 1.

(3) The amount derived from step 2 is the non-federal cost share.

For example:

(1) If the federal funds requested = $175,000; and the recipient cost share is 10%, then the federal share = 90% or .90. $175,000 divided by .90 = $194,444 (total project cost) then,

(2) $194,444 - $175,000 = $19,444

(3) The non-federal cost share = $19,444

(1) Performance Partnership Grants

Funds for a grant awarded under this opportunity may be included in a PPG. Applicants should indicate in their application submission if they anticipate incorporating the proposed project, if selected for funding, into an already existing PPG or if they intend to create a new PPG that would include the project proposed under this funding opportunity.

For further information regarding cost share requirements for awards included in PPG, see the final rules on Environmental Program Grants for state and interstate agencies at 40 CFR Part 35, Subpart A and Tribes and Intertribal Consortia at 40 CFR Part 35, Subpart B. Local governments are not eligible for PPGs.

(2) Tribal Match Clause for PPG-eligible Programs

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 NOFO in an approved Performance Partnership Grant (PPG), there is no cost-share requirement. If the applicant plans to include their grant in a PPG, the applicant should:

• prepare a budget and proposed work-plan based upon the assumption that the EPA will approve the budget and work plan without cost share included.

• be aware that if the grant awarded under this NOFO is not included in a PPG the Tribe or intertribal consortia must meet the applicable cost share requirements identified in this section.

The federal award amount will be reduced by the required cost share amount and the total project cost will remain the same.

3. Program Description A. Purpose, Priorities, and Activities Purpose: The purpose of this funding opportunity is to support eligible Tribes and intertribal consortia to implement approved Nonpoint Source (NPS) management programs developed pursuant to CWA Section 319(b)(1). This NOFO aims to fund implementation of best management practices and measures that have been outlined in Tribal NPS Management Program Plans to address NPS pollution sources that have been identified in a Tribe’s Assessment Report. See Appendix A for Categories and Subcategories of NPS Pollution.

https://www.ecfr.gov/current/title-40/chapter-I/subchapter-B/part-35/subpart-A?toc=1 https://www.ecfr.gov/current/title-40/chapter-I/subchapter-B/part-35/subpart-B?toc=1

Tribes that receive funding as a result of this funding opportunity must adhere with statutory requirements for Maintenance of Effort on base grant cost share: To receive funds under CWA Section 319 in any fiscal year, a Tribe or each member of an intertribal consortium must agree that the Tribe or each member of the intertribal consortium will maintain its aggregate expenditures from all other sources for programs for controlling NPS pollution and improving the quality of the Tribe’s or the intertribal consortium’s members’ waters at or above the average level of such expenditures in Fiscal Years 1985 and 1986 (see 40 CFR 35.636). The status of this requirement is documented with the EPA when evaluating a given years’ CWA Section 319 base grant application for possible award. There is no requirement to document this separately in the application for this NOFO.

Program Office Priorities: The EPA’s Office of Wetland Oceans and Watersheds (OWOW) mission is to protect freshwater, estuarine, coastal and ocean ecosystems, including watersheds and wetlands.

Awards made through this funding opportunity will protect and enhance waters on Tribal lands and improve access to clean and safe water resources into the future. This is one of many Tribal environmental programs that are working in support of the overall agency goal of strengthening public health and environmental protection in Indian country.

National NPS Program Priorities: CWA Section 319(b)(4) establishes that, to the maximum extent practicable, NPS management programs shall be developed and implemented “on a watershed-by-watershed basis.” In general, the EPA believes that efforts to manage NPS pollution can be most effective when approached at the watershed scale1. Experience indicates that watershed-based plans containing the nine elements identified in the EPA’s Handbook for Developing and Managing Tribal Nonpoint Source Pollution Programs Under Section 319 of the Clean Water Act provide an effective, integrated approach to address the diverse realities and needs of each watershed. While a watershed-based plan is not required for selection under this NOFO, applicants should demonstrate that an analysis of potential NPS impairments has taken place and consideration of the watershed has informed the proposed project. Furthermore, it is important to demonstrate that the proposed projects support implementation of the applicant’s Tribal Nonpoint Source Management Program Plan.

The Notice of Funding Opportunity is being offered under Federal Assistance Listing 66.460.

Activities Solicited Under this Announcement:

Examples of eligible NPS BMP implementation:

• Road stabilization/removal;

• Riparian planting;

• Streambank stabilization;

• Natural channel restoration;

• Low impact development/storm water management practices;

• Livestock exclusion fencing;

• Septic system rehabilitation; and

• Nutrient or grazing management practices.

Examples of other eligible project activities (up to 25% of requested federal funds):

1 A watershed refers to the land area that drains into a stream, wetland, lake or coastal waterbody. The EPA recognizes that not all Tribes will be operating in freshwater environments. Many reservations are located along estuarine and coastal waters where the literal use of the term “watershed” may not apply. The term “watershed” will be used in this NOFO and encompasses comparable estuarine and coastal nearshore systems as well.

https://www.ecfr.gov/current/title-40/chapter-I/subchapter-B/part-35/subpart-B/subject-group-ECFRc859c9aa6651f84/section-35.636 https://www.epa.gov/sites/default/files/2015-09/documents/2010_02_19_nps_tribal_pdf_tribal_handbook2010.pdf https://www.epa.gov/sites/default/files/2015-09/documents/2010_02_19_nps_tribal_pdf_tribal_handbook2010.pdf

As described above, applicants may also use up to 25 percent of requested federal funds to support other eligible project activities, including the development of a nine-element watershed-based plan (i.e., up to $43,750 of a $175,000 federal grant request). Tribal staff time supporting the implementation of NPS BMPs is not included in this 25 percent cap. Please note the narrow definition of a “nine element watershed-based plan” specific to the EPA’s NPS Program, described above.

Examples of other NPS project activities eligible to be funded under this NOFO include, but are not limited to the following:

• Development of a watershed-based plan;

• NPS ordinance development;

• Project monitoring (e.g., baseline monitoring and post-BMP implementation monitoring);

• Training which assists the applicant in developing NPS implementation projects; and

• NPS education and outreach relevant to successful implementation of NPS projects.

Eligible Activities Outside of the Reservation:

As described in Section 2.A(1), activities upstream or downstream of reservation waters may be eligible for funding if they pertain to waters within a reservation and are consistent with the applicant’s NPS assessment report and management program. The application must clearly demonstrate the impacts of the upstream or downstream project on Tribal lands and waters.

Projects that may be eligible downstream of reservation waters include but are not limited to:

• control of invasive species,

• restoring a headcutting stream to prevent the headcut from reaching Tribal waters, or

• salmon habitat restoration projects that promote salmon migration upstream into Tribal waters.

Projects that may be eligible upstream of reservation waters include but are not limited to:

• stabilizing eroding streambanks to prevent sediment loading, repairing failing septic systems to prevent bacterial inputs and/or reduce nutrient loading, and

• implementing management measures on agricultural land to reduce nutrient loading into Tribal waters.

Questions about eligibility of upstream or downstream projects should be raised to the EPA National Tribal NPS Coordinator in Section 1.E before applying.

Best Management Practice Technical Merit & Integrating Resilience in Project Design:

Tribal NPS program managers consider potential impairments to water quality in addition to current sources of pollution when managing their resources, watersheds, and watershed processes. To ensure project success, all projects should demonstrate appropriateness of BMPs, considerations on how the BMPs will account for future environmental conditions, and a plan for operations and maintenance to ensure they remain effective over their expected life span. This information will be scored according to the criteria in Section 6.B. For information and ideas on how to integrate resiliency in your NPS program and into your application, see the following resources:

• Pages I-82 and I-83 in the EPA’s Handbook for Developing and Managing Tribal Nonpoint Source Pollution Programs Under Section 319 of the Clean Water Act

• Bureau of Indian Affairs —Tribal Community Resilience Program https://www.epa.gov/sites/default/files/2015-09/documents/2010_02_19_nps_tribal_pdf_tribal_handbook2010.pdf https://www.epa.gov/sites/default/files/2015-09/documents/2010_02_19_nps_tribal_pdf_tribal_handbook2010.pdf https://www.bia.gov/bia/ots/descrm/tcr

• Additional information on the EPA website for resilience strategies for water resources

Environmental Outputs and Outcomes:

Applicants are required to describe how funding will help EPA achieve outputs and outcomes under Pillar 1: Clean Air, Land, and Water for Every American and support the above priorities in their responses to the criteria in Section 6.

Outputs and outcomes specific to each project will be identified as deliverables in the negotiated workplan if the application is selected for award. Recipients will be expected to report progress toward the attainment of expected project outputs and outcomes during the project performance period.

The expected outputs for the grants awarded under these guidelines may include but are not limited to:

• Development of a nine-element watershed-based plan (as a component of a proposed work plan that includes NPS BMP implementation activities, as described above in Section I.A);

• Acres of riparian area restored;

• Miles of livestock fencing installed;

• Feet of eroding streambank stabilized;

• Number of large woody debris structures placed;

• Number of septic systems rehabilitated;

• Number of stream meanders restored; and

• Percent reduction in road density.

The EPA anticipates outcomes from the projects awarded under these guidelines may include but are not limited to:

• An increased number of NPS-impaired waterbodies that have been partially or fully restored to meet water quality standards or other water quality-based goals established by the Tribes;

• Measurable ecological restoration of waterbodies that had water quality impairments but were not formally listed on a CWA Section 303(d) list;

• An increased number of waterbodies where degradation from potential future NPS impairments have been prevented.

See EPA Order 5700.7A1: EPA’s Policy for Environmental Results under EPA Assistance Agreements for more information about outputs and outcomes.

Administrative and Indirect Cost Information and Restrictions: The costs of implementing BMP demonstration projects, enforcement and regulatory activities, education, training, technical assistance, and technology transfer are not subject to this limitation. For example, staff time implementing a stream restoration project is exempt from the 10 percent cap on administrative costs. Developing a watershed-based plan is also exempt from the 10 percent cap on administrative costs.

Please note that a Tribe’s indirect cost rate set by the Department of Interior is independent of the 10 percent administrative costs mentioned in CWA Section 319(h)(12). If a Tribe chooses to include indirect costs in its budget, the indirect cost rate set by the Department of Interior would be the rate that the Tribe would start with. However, some of the costs that are covered in the indirect cost rate may be administrative and subject to the 10 percent administrative cap. If they are subject to the administrative cap and are more than 10 percent, the Tribe would need to limit the indirect costs included in the https://www.epa.gov/climate-change-water-sector https://www.epa.gov/sites/default/files/2015-03/documents/epa_order_5700_7a1.pdf budget. The 10 percent administrative cap is intended to limit overall funds for any administrative costs whether they are direct or indirect costs. See Section 4.B.vii. for more information on the administrative cap.

Water Quality Monitoring Restrictions: In general, CWA Section 319 funding should not be used for general assessment activities (e.g., monitoring the general status of reservation waters). CWA Section 319 funding may not be used to fund any activities required by a National Pollutant Discharge Elimination System permit. This includes monitoring and other activities associated with the storm water permitting program. However, Tribes may use CWA Section 319 funding to support NPS project-specific water quality monitoring (i.e., baseline monitoring and post-BMP implementation monitoring), data management, data analysis, and the development of watershed-based plans. CWA Section 319 does not, by statute, provide access for Tribes to sample lands or waters not within their jurisdiction. If monitoring is to occur off Tribal lands in waterbodies that affect the waters of the reservation, approval must be obtained from the landowner(s) prior to applying for funding.

B. Program Goals and Objectives The activities to be funded under this funding announcement support Goal 1: Provide Clean Air, Land, and Water for Every American of the FY 2026–2030 EPA Strategic Plan. All applications must be for projects that support Goal 1.

As part of the Project Narrative, an applicant is required to describe how the project results will link the outcomes to Goal 1 and to the goals of: addressing NPS pollution sources through (i) implementing an approved Nonpoint Source (NPS) management program developed pursuant to CWA Section 319(b)(1), and (ii) implementing best management practices and measures that have been outlined in Tribal NPS Management Program Plans. In addition, applicants will have to describe their plan and approach for tracking and measuring their progress towards achieving expected outputs and outcomes. Additional information regarding the EPA’s discussion of environmental results in terms of “outputs” and “outcomes” can be found at Linking Assistance Agreements to Environmental Results (see EPA Order 5700.7A1, Environmental Results under Assistance Agreements).

C. Statutory Authority The statutory authorities for the assistance agreements to be awarded under this NOFO are Section 319(h) and Section 518(e) of the Clean Water Act (CWA). CWA Section 319(h) authorizes the EPA to award grants to eligible Tribes and intertribal consortia to implement approved NPS management programs developed pursuant to CWA Section 319(b)(1) “…for controlling pollution added from nonpoint sources to the navigable waters…” and “…improving the quality of such waters.” NPS management programs must identify “…best management practices and measures which will be undertaken to reduce pollutant loadings resulting from each category, subcategory, or particular nonpoint source…” identified in the Tribe’s NPS assessment report developed pursuant to CWA Section 319(a). CWA Section 518(e) authorizes the EPA Administrator “…to treat an Indian Tribe as a State for purposes of title II and sections 104, 106, 303, 305, 308, 309, 314, 319, 401, 402, 404, and 406” (emphasis added) of the CWA, provided the requirements of Section 518(e)(1)-(3) are met.

D. Funding Type It is anticipated that grants and cooperative agreements will be funded under this funding opportunity.

https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.epa.gov%2Fplanandbudget%2Fstrategicplan&data=05%7C02%7CBuckelew.Margot%40epa.gov%7C1169af26f8c8475a0f4308df249ed535%7C88b378b367484867acf976aacbeca6a7%7C0%7C0%7C639269936762084776%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=tELyvxWjQYq6PaRzWkfC9ASDlRrQUc%2BReHdR%2BMmHKSo%3D&reserved=0 https://www.epa.gov/grants/linking-assistance-agreements-environmental-results 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

Cooperative agreements provide for substantial involvement between the EPA Project Officer and the selected applicant(s) in the performance of the work supported. Although the EPA will negotiate precise terms and conditions relating to substantial involvement as part of the award process, the anticipated substantial federal involvement for these projects may include:

• close monitoring of the successful applicant’s performance to verify the results proposed by the applicant;

• collaboration during performance of the scope of work;

• in accordance with 2 CFR 200.317 and 2 CFR 200.318, review of proposed procurement;

• approving qualifications of key personnel (the EPA will not select employees or contractors employed by the award recipient); and

• review and comment on reports prepared under the cooperative agreement (the final decision on the content of reports rests with the recipient).

The 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.

4. Application Contents and Format A. Application Forms The following forms and documents are required under this announcement:

Mandatory Documents:

• Application for Federal Assistance (SF-424)

• Budget Information for Non-Construction Programs (SF-424A)

• EPA Key Contacts Form 5700-54

• EPA Form 4700-4 Preaward Compliance Review Report

• Project Narrative Attachment Form: use this to submit your Project Narrative

Optional Documents: Additional documentation materials that are not included in the Project Narrative work plan page limit should be submitted using Other Attachments forms. This may include any of the following if applicable, but not limited to:

• Negotiated Indirect Cost Rate Agreement

• Financial hardship waiver letter requesting a reduced non-federal cost share

• Quality Assurance/Quality Control (QA/QC) documentation; See Section 4.F for additional details on QA/QC documentation.

• Eligibility (e.g., adequate documentation to demonstrate eligibility of intertribal consortium)

The Project Narrative (including the cover page and sections i - vii below) is limited to no more than fifteen (15) typewritten, single-spaced 8.5x11- inch pages (a page is one side of a piece of paper).

Pages should be consecutively numbered for ease of reading. It is recommended that applicants use a standard 12-point type with 1-inch margins.

Applicants are 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.

https://www.ecfr.gov/current/title-2/section-200.317 https://www.ecfr.gov/current/title-2/section-200.318

B. Project Narrative Description The Project Narrative must include a cover page and items i – vii below. It is recommended that you identify within your Project Narrative each individual ranking criterion in Section 6.B that you are addressing.

Additional pages beyond the 15-page limit will not be considered. Supporting materials, such as letters of support from potential partners, annotated resumes, data graphs, site photos, diagrams of BMPs, and maps of the project location are not included within the Project Narrative page limit and should be submitted using the Other Attachments Form. Financial hardship waiver letters and quality assurance/quality control information is not included in the Project Narrative page limit and should be submitted using the Other Attachments form. The Project Narrative should conform to the outline below.

All Project Narrative work plans must be consistent with the Tribe’s EPA-approved NPS management program and conform to legal requirements that are applicable to all environmental program grants awarded to Tribes (see 40 CFR 35.507 and 35.515) as well as the legal requirements that specifically apply to NPS management grants (see 40 CFR 35.638). As provided in those regulations, and in accordance with EPA Order 5700.7A1, Environmental Results under EPA Assistance Agreements, and other applicable EPA policies, all project narratives must include the following information:

Cover Page (included in the 15-page Project Narrative limit and should not exceed 1 page). Include the following information in the cover page:

• Project Title. The project title should reflect the main project outcome/objective and should be

15 words or less.

• Name of Tribe or Intertribal Consortium Applying for Funding

• Key Personnel and Contact Information (i.e., name, email address, and phone number).

• Waterbody name and HUC12 ID Number(s). How’s My Waterway is a useful tool for looking up this information.

• Abstract/Project Summary. The abstract should begin with one or two sentences describing the main objective of the application. It should also include a description of the main tasks, including the specific BMPs and other activities, if applicable, to be implemented as part of the proposed project, as well as a description of the anticipated environmental outcomes. The entire abstract should be 250 words or less.

• Pollution Category and Subcategory. NPS pollution categories and subcategories can be found in Appendix A

• Anticipated Environmental Outputs and Outcomes. Include a brief description of the anticipated pollutant reduction measures and results. Detailed explanations and information should be included in the Project Narrative and will be evaluated against the review criteria as described in Section 6.B, Review Criteria.

• Total Project Cost. Specify the amount of CWA Section 319 federal funds requested and the non-federal cost share, if applicable, for the proposed project.

i. Project Location (see also review criteria i)

a) Describe the project site(s), including the location of the site(s) relative to the waterbody/waterbodies impacted by NPS pollution and any notable features relevant to the proposed NPS project (e.g., roads, project access points, proximity to other relevant locations);

https://www.ecfr.gov/current/title-40/chapter-I/subchapter-B/part-35/subpart-B/subject-group-ECFR6044ca2920b164d/section-35.507 https://www.ecfr.gov/current/title-40/chapter-I/subchapter-B/part-35/subpart-B/subject-group-ECFR5aeee1c862a90c9/section-35.515 https://www.ecfr.gov/current/title-40/chapter-I/subchapter-B/part-35/subpart-B/subject-group-ECFRc859c9aa6651f84/section-35.638 https://www.epa.gov/grants/epa-order-57007a1-epas-policy-environmental-results-under-epa-assistance-agreements https://www.epa.gov/waterdata/hows-my-waterway

b) Describe the waterbody, including waterbody type (i.e., pond, stream, etc.) and importance (i.e., designated uses) that will be protected or restored as a result of the proposed project;

c) Describe the watershed (HUC12 watershed or other appropriate scale) in which the proposed project will take place, including a description of watershed make-up (e.g. predominant land uses) as relevant to the proposed project, a description of how the proposed project addresses NPS issue(s) within the watershed and how the project connects with other ongoing or planned NPS management activities within the watershed.

The EPA recommends including maps of the reservation, waterbody to be targeted, and project location as supporting materials. Photos of project sites can also be included and should include a detailed description of what is in the photos and clearly link back to the proposed project. Site photos and maps, including descriptions, are considered supporting materials and are not included in the 15- page Project Narrative limit. Supporting materials should be submitted using the Other Attachments form.

ii. NPS Pollution Problem (see also review criteria ii)

a) Identify and describe the NPS pollution sources at the NPS subcategory level that you will address through the proposed project. For additional information about categories and subcategories of NPS pollution, please see Appendix A and the EPA’s Handbook for Developing and Managing Tribal Nonpoint Source Pollution Programs Under Section 319 of the Clean Water Act and the EPA’s “Types of Nonpoint Source Pollution” webpages;

b) Describe the existing or potential water quality impairment(s) caused by the NPS pollution source(s) identified and that you will address through the proposed project, as well as the information source(s) (e.g., water quality data and assessments, field observations, knowledge from community members) that you relied on when evaluating the water quality impact.

Applicants should include specific descriptions of water…