EPA-R3-CBP-23-14_SWG-INSR_20230802_FINAL.pdf

OVERVIEW

AGENCY: U.S. Environmental Protection Agency (EPA), Region 3

TITLE: Chesapeake Bay Program Office Fiscal Year 2023 Request for Applications for:

Small Watershed Grants Program and Innovative Nutrient and Sediment Reduction Program

ACTION: Request for Applications (RFA)

RFA #: EPA-R3-CBP-23-14

ASSISTANCE LISTING #: 66.466

IMPORTANT DATES

August 2, 2023 Issuance of RFA September 18, 2023 Application submission deadline (see Section IV for more information) October 30, 2023 Approximate date for EPA to notify applicant(s) of results November 13, 2023 Approximate date for selected applicant(s) to submit revised federal cooperative agreement application January 1, 2024 Approximate date of award(s)

TABLE OF CONTENTS

I. FUNDING OPPORTUNITY DESCRIPTION

II. AWARD INFORMATION

III. ELIGIBILITY INFORMATION

IV. APPLICATION AND SUBMISSION INFORMATION

V. APPLICATION REVIEW INFORMATION

VI. AWARD ADMINISTRATION INFORMATION

VII: AGENCY CONTACT

VIII: OTHER INFORMATION

APPENDIX A. APPLICATION FORMAT

APPENDIX B. BUDGET GUIDANCE

FULL TEXT OF ANNOUNCEMENT

I. FUNDING OPPORTUNITY DESCRIPTION

A. Background

1. About the Chesapeake Bay Program The Chesapeake Bay is North America's largest and most biologically diverse estuary. A resource of extraordinary productivity, it is worthy of the highest levels of protection and restoration. Authorized by Clean Water Act (CWA) Section 117, 33 USC Section 1267, the Chesapeake Bay Program (CBP) is responsible for supporting the Chesapeake Bay Executive Council (Executive Council) through the coordination of federal, state, and local efforts to restore and protect living resources and water quality of the Chesapeake Bay and its watershed. CWA Section 117 also authorizes EPA to provide assistance grants to support the goals of the program.

The CBP is a unique regional partnership that has led and directed the restoration of the Chesapeake Bay since 1983. Today, the CBP partners include the states of Delaware, Maryland, New York, Pennsylvania, Virginia, and West Virginia; the District of Columbia; the Chesapeake Bay Commission (a tri-state legislative body); and EPA, representing the federal government. The partnership’s work is guided by the Chesapeake Bay Watershed Agreement, which establishes the plan for collaboration across the Bay’s political boundaries and establishes goals and outcomes for the restoration of the Bay, its tributaries, and the lands that surround them.

2. About the CBP Partnership The CBP partnership is guided at the direction of the Executive Council establishes the policy direction for the restoration and protection of the Chesapeake Bay and exerts its leadership to rally public support for the Bay effort and signs directives, agreements, and amendments that set goals and guide policy for Chesapeake Bay restoration.

The Principals’ Staff Committee (PSC) works on behalf of the Executive Council to translate the restoration vision into policy and implementation actions. In addition, the PSC acts as the senior policy advisors to the Executive Council, accepting items for their consideration and approval and setting agendas for Executive Council meetings. The PSC also provides policy and program direction to the Management Board.

The Management Board (MB) provides strategic planning, priority setting, and operational guidance through implementation of a comprehensive, coordinated, accountable implementation strategy for the CBP. It directs and coordinates the Goal Implementation Teams and workgroups under it.

The Goal Implementation Teams (GITs) include federal and non-federal experts from throughout the watershed. Through the GITs, academic, federal, and state scientists and experts, advocacy organizations, environmental managers and others become active members of the broad restoration partnership.

Pursuant to CWA Section 117(b)(2), 33 USC Section 1267(b)(2), the Chesapeake Bay Program Office (CBPO) is the office within EPA charged with providing support to the Executive Council in the restoration and protection of the Chesapeake Bay. The CBPO and CBP, mentioned above, are two distinct entities.

https://www.chesapeakebay.net/what/what-guides-us/watershed-agreement

For additional background information on the CBP structure, achievements, and commitments, see the CBP Partnership’s website located at http://www.chesapeakebay.net/.

3. Science Applications for the Chesapeake Bay and its Watershed

Chesapeake Bay Total Maximum Daily Load Pursuant to Section 303(d) of the Clean Water Act, 33 USC 1313(d), the EPA has established the Chesapeake Bay Total Maximum Daily Load (TMDL), a historic and comprehensive “pollution diet” with rigorous accountability measures to initiate sweeping actions to restore clean water to the Chesapeake Bay and the watershed’s streams, creeks, and rivers.

The Chesapeake Bay TMDL – the largest ever developed by EPA – identifies the necessary pollution reductions of nitrogen, phosphorus and sediment across Delaware, Maryland, New York, Pennsylvania, Virginia, West Virginia, and the District of Columbia and sets pollution limits necessary to meet applicable state water quality standards in Chesapeake Bay, its tidal tributaries and embayments. These pollution limits were further divided by jurisdiction and major river basin based on state-of-the-art modeling tools, extensive monitoring data, peer-reviewed science, and close interaction with jurisdictional partners.

Watershed Implementation Plans Watershed Implementation Plans (WIPs) describe how each of the seven Chesapeake Bay watershed jurisdictions, in partnership with federal and local governments, will achieve their respective Chesapeake Bay TMDL allocations and planning targets. The goal of the Chesapeake Bay TMDL and supporting jurisdictional WIP process is to implement by 2025 all nutrient and sediment pollutant load reduction and prevention measures needed to fully restore water quality in Chesapeake Bay and its tidal rivers. Additionally, this implementation by 2025 of practices in the jurisdictions’ WIPs to reduce nutrient and sediment loads is one of the 31 outcomes in the 2014 Watershed Agreement.

On July 9, 2018, the PSC approved the final Phase III WIP planning targets, which represent the nitrogen and phosphorus pollution limits necessary to meet applicable water quality standards in the Chesapeake Bay. The Phase III WIPs describe the actions the jurisdictions will take to have all practices on the ground by 2025 to achieve their respective Phase III planning targets.

On January 24, 2020, the PSC approved the final Phase III planning targets for sediment which represent the pollution limits necessary to meet applicable water quality standards in the Chesapeake Bay. Additional information on these sediment targets can be found on the CBP partnership’s WIP Sediment Planning Targets document.

Two Year Milestones EPA and the Bay jurisdictions have adopted extensive measures to ensure accountability for reducing pollution and meeting target dates for progress under the Chesapeake Bay TMDL. Bay jurisdictions include Delaware, Maryland, New York, Pennsylvania, Virginia, West Virginia and the District of Columbia. The TMDL is being implemented using an accountability framework that guides restoration efforts. As part of this accountability framework, EPA and the Bay jurisdictions agreed to develop milestones to increase restoration work and ensure progress. The two-year milestones represent key check-in points on the way to having all pollution reduction measures in place by 2025 to restore the Bay and its tidal rivers.

http://www.chesapeakebay.net/ https://d18lev1ok5leia.cloudfront.net/chesapeakebay/documents/Phase_III_WIP_Planning_Targets.pdf https://d18lev1ok5leia.cloudfront.net/chesapeakebay/documents/Sediment_factsheet_final.pdf https://d18lev1ok5leia.cloudfront.net/chesapeakebay/documents/Sediment_factsheet_final.pdf

Chesapeake Bay Program Partnership’s Environmental Models and Decision-Support Tools Models of the Chesapeake Bay’s air shed, watershed, estuary, and living resources have been developed by the partners and linked together over the past 30 years. The CBP partnership’s suite of models assists in understanding the important processes affecting the health of the watershed and the Chesapeake Bay ecosystem. These modeling tools provide the Chesapeake Bay watershed state and local jurisdictions with an understanding of the effect of various control strategies on pollutant levels and the level of nutrient and sediment load reductions needed to restore the Chesapeake Bay and achieve the jurisdictions’ water quality standards for dissolved oxygen, chlorophyll a, underwater bay grasses and water clarity. By quantifying the management actions necessary to restore Chesapeake Bay habitats and the living resources dependent on those habitats, these integrated CBP partnership models and decision-support tools provide guidance to environmental managers and citizens on where the most cost-effective reductions can be made so that controls are equitable and broadly supported.

Comprehensive Evaluation of System Response In 2023, the Scientific and Technical Advisory Committee published the Comprehensive Evaluation of System Response which (1) Identified gaps and uncertainties in system response —physical, chemical, biological, and socioeconomic— that impact efforts designed to attain water quality standards, (2) Identified recent scientific developments that can shed light on the gaps and uncertainties in system response to advance efforts to attain water quality standards, (3) Recommended research strategies that improve understanding of system response to support informed decision making to attain water quality standards, and (4) Recommended strategies for integrating scientific and technical analysis with active adaptive management in order to aid decision-making under uncertainty (to achieve water quality standards).

The cooperative agreements awarded through this RFA will help support the applications of science from the Chesapeake Bay TMDL, two-year milestones, Phase III WIPs, environmental models and support tools and Comprehensive Evaluation of System Response, along with other relevant studies.

4. Justice40 and Equity Considerations The cooperative agreements awarded under this RFA will advance the Biden-Harris Administration’s Justice40 Initiative. Established by Executive Order 14008 on Tackling the Climate Crisis at Home and Abroad, the Justice40 Initiative sets the goal that 40 percent of the overall benefits of certain federal investments, such as climate, clean energy, and other areas, flow to disadvantaged communities that are marginalized and overburdened by pollution and underinvestment.1 Consistent with Executive Order 13985 on Advancing Racial Equity and Support for Underserved Communities Through the Federal Government, Executive Order 14091 on Further Advancing Racial Equity and Support for Underserved Communities Through the Federal Government, and Executive Order 14096 on Revitalizing Our Nation’s Commitment to Environmental Justice for All, CBPO is committed to inclusion and equity and is focused on supporting disadvantaged communities through activities funded under this RFA. In 2023, CBPO finalized its equity strategy to demonstrate how it will advance the national goal of equity and fair access to the benefits from environmental programs for all communities. Consistent with the CBPO equity strategy, applicants should use methodology below for identifying disadvantaged communities

1 For more information, see E.O. 14008, Tackling the Climate Crisis at Home and Abroad (Jan. 27, 2023); White House Justice40 Initiative website; and OMB Memo M-23-09, Addendum to the Interim Implementation Guidance for the Justice40 Initiative, M-21-28, on using the Climate and Economic Justice Screening Tool (CEJST) (Jan. 27, 2023).

https://www.chesapeakebay.net/news/mediaadvisory/achieving-water-quality-goals-in-the-chesapeake-bay-a-comprehensive-evaluation-of-system-response https://www.chesapeakebay.net/news/mediaadvisory/achieving-water-quality-goals-in-the-chesapeake-bay-a-comprehensive-evaluation-of-system-response https://www.whitehouse.gov/environmentaljustice/justice40/ https://www.federalregister.gov/documents/2021/02/01/2021-02177/tackling-the-climate-crisis-at-home-and-abroad https://www.federalregister.gov/documents/2021/01/25/2021-01753/advancing-racial-equity-and-support-for-underserved-communities-through-the-federal-government https://www.federalregister.gov/documents/2021/01/25/2021-01753/advancing-racial-equity-and-support-for-underserved-communities-through-the-federal-government https://www.federalregister.gov/documents/2023/02/22/2023-03779/further-advancing-racial-equity-and-support-for-underserved-communities-through-the-federal https://www.federalregister.gov/documents/2023/04/26/2023-08955/revitalizing-our-nations-commitment-to-environmental-justice-for-all https://www.federalregister.gov/documents/2021/02/01/2021-02177/tackling-the-climate-crisis-at-home-and-abroad https://www.whitehouse.gov/environmentaljustice/justice40/ https://www.whitehouse.gov/wp-content/uploads/2023/01/M-23-09_Signed_CEQ_CPO.pdf https://www.whitehouse.gov/wp-content/uploads/2023/01/M-23-09_Signed_CEQ_CPO.pdf and develop criteria for tracking the overall benefits delivered to these communities to ensure that the 40 percent threshold is reached.

Disadvantaged communities can be identified based on demographic metrics from the American Community Survey.2 All variables except percent low income utilize the 80th percentile as the threshold to be included in that group:

• Percent low income: Defined as ratio of income to cost of living that is less than two. Data is presented as a census block group with a percentage of population that is low income >=50%.

This definition comes from work completed by the CBP Diversity Workgroup where they provided “best professional judgement” in terms of interpreting this metric.

• Percent unemployment: All those who did not have a job at all during the reporting period, made at least one specific active effort to find a job during the prior 4 weeks, and were available for work (unless temporarily ill).

• Percent in linguistic isolation: Percent of households in which no one age 14 and over speaks English “very well” or speaks English only (as a fraction of households).

• Percent less than high school education: Percent of individuals aged 25 and over with less than high school degree.

• Percent under age 5: Percent of individuals under age 5 as a fraction of population.

• Percent over age 64: Percent of individuals over age 64 as a fraction of the population.

B. Scope of Work

EPA plans to award two cooperative agreements under this RFA, one for each Activity described in detail below. The total estimated funding available is $110,000,000, including $20,000,000 for Year 1, and up to $30,000,000 for Years 2-4.3 The maximum available funding per Activity is detailed in the chart below.

There is no guarantee of funding throughout this period or beyond.

This RFA is seeking cost-effective proposals from eligible applicants to support the:

1. The Planning, Assistance and Implementation – Small Watershed Grants (PAI SWG) Program promotes community-based efforts to develop and implement conservation strategies to protect and restore the Chesapeake Bay and its watershed that support all the goals and outcomes of the 2014 Chesapeake Bay Watershed Agreement and any future watershed agreements; and

2. The Innovative Nutrient and Sediment Reduction (INSR) Grants Program supports efforts within the Chesapeake Bay and its watershed that use innovative strategies to vastly accelerate sub-watershed and/or regional-scale implementation of nutrient and sediment reductions with approaches demonstrated to be successful.

2 The White House Council on Environmental Quality has developed the Climate and Economic Justice Screening Tool (CEJST) for identifying disadvantaged communities. Although not currently utilized by CBPO as the methodology for identifying disadvantaged communities within the Chesapeake Bay watershed, CBPO is evaluating transition to the CEJST in the future. To ensure consistency across funding programs, recipients will utilize the methodology described here, but may consider the CEJST as an additional resource for targeting funding.

3 Funding levels for project years 2-4 will be based on allocations directed in the Chesapeake Bay Program Office’s annual budget appropriation.

https://www.census.gov/programs-surveys/acs/about.html https://www.census.gov/programs-surveys/acs/about.html https://screeningtool.geoplatform.gov/en/#3/33.47/-97.5 https://screeningtool.geoplatform.gov/en/#3/33.47/-97.5

Year 1 Year 2 Year 3 Year 4 Total Activity 1:

PAI SWG

$10,000,000 $15,000,000 $15,000,000 $15,000,000 $55,000,000

Activity 2:

INSR

$10,000,000 $15,000,000 $15,000,000 $15,000,000 $55,000,000

If your organization has an interest and the experience to accomplish one or more of the Activities described below and is eligible to receive a federal assistance agreement as described in Section III of this announcement, we encourage you to apply. Each eligible application will be evaluated using the criteria described in Section V. The activities are multi-year projects (up to four years), and the application should have a work plan and budget for the first year and a projected work plan and estimated budget for Years 2-4.

Applications must only address one Activity. Applicants interested in applying for funding for more than one Activity must do so in separate applications. If the same applicant is ranked highest for both Activities and has the capacity to perform multiple projects, EPA will take into consideration other factors, such as program priorities and diversity, when making selections. EPA reserves the right not to select the same applicant for both Activities.

The successful applicants selected under this RFA will coordinate with the successful applicants selected under RFA EPA-I-R3-CBP-23-13 to ensure maximum effectiveness of the SWG and INSR grant programs.

Applicants may apply for funding under both RFAs but must do so through separate applications.

Activity 1: Planning, Assistance and Implementation – Small Watershed Grants (PAI SWG) Program Estimated Funding: $55,000,000 ($10,000,000 for Year 1 and up to $15,000,000 for Years 2-4)

This RFA is seeking cost-effective proposals from eligible applicants to manage the Planning, Assistance and Implementation – Small Watershed Grants (PAI SWG) Program. The purpose of the PAI SWG Program is to promote community-based efforts to develop and implement conservation strategies to protect and restore the diverse natural resources of the Chesapeake Bay and its watershed and that support the goals and outcomes of the 2014 Chesapeake Bay Watershed Agreement and any future partnership agreements.

The successful applicant for this Activity will issue subawards on a competitive basis to local governments, nonprofit organizations, and individuals in the Chesapeake Bay region working to improve the condition of their local watersheds while building community-based stewardship. The recipient must comply with applicable provisions of 2 CFR Part 200 and the EPA Subaward Policy, including the EPA General Terms and Conditions for subawards.

Subrecipients would be those organizations that implement locally-based protection and restoration programs or projects within a watershed that align with the 2014 Chesapeake Bay Watershed Agreement goals and outcomes, including the creation, restoration, protection, or enhancement of living resources and habitats associated with the Chesapeake Bay ecosystem. Subawards issued under the PAI SWG Program will provide up to $1,000,000 in federal funding per subaward.

The successful applicant must ensure that subawards include measurable nutrient and sediment reductions and that subrecipients track (qualitatively and quantitatively) environmental results (successes and failures) of the subaward projects. In addition, the successful applicant must ensure that https://www.grants.gov/web/grants/view-opportunity.html?oppId=349633 https://www.epa.gov/grants/grants-policy-issuance-gpi-16-01-epa-subaward-policy-epa-assistance-agreement-recipients https://www.epa.gov/grants/grant-terms-and-conditions#general specific information about Best Management Practices (BMPs) implemented are tracked and reported to each jurisdiction so that project data becomes part of the overall accounting for the Chesapeake Bay TMDL. BMP information must be communicated to the relevant state agency that annually reports to CBPO. In addition, the successful applicant should work with subawards to verify that BMPs are completed as planned and the subaward has a plan is in place to ensure proper function of implemented practices into the future. Requirements for what BMP information to report are established by the relevant state agency, typically through formatted templates and BMP tracking databases. The information is needed to comply with federal quality assurance requirements for environmental data.

Examples of subaward projects that could be funded under the PAI SWG Program include projects that:

• Support communities in developing and implementing locally-based programs and projects that advance 2014 Chesapeake Bay Watershed Agreement goals, specifically projects that address outcomes that are off course in implementation, as identified in Chesapeake Progress (www.chesapeakeprogress.com), such as the wetlands and forest buffers outcomes.

• Develop the technical capacity of local governments, citizen groups, and other organizations to promote community-based stewardship and increase local watershed health and sustainability.

• Promote a greater understanding of the Chesapeake Bay watershed and the interrelationship between the health of the Bay and the condition of local watersheds.

• Restore, protect, or conserve areas that are sensitive or of high value to multiple Agreement outcomes, such as wetlands (tidal and non-tidal) and riparian forests.

• Support collaboration, investment, and application of social science research, methodologies, and disciplines that aid in developing capacity and designing and implementing effective strategies.

The successful applicant for this activity will coordinate with the successful applicant(s) of Activity 2 to maximize the impact and efficacy of these two programs as well as coordinate with other federal funding sources that may exist that support both activities. Funds should be directed to subawards except for funds required to carry out the responsibilities below, or for communications, outreach, transfer of information, and administrative and technical assistance activities that directly support subrecipients.

The following are examples of the types of tasks required to successfully carry out the PAI SWG Program. Applicants are expected to conduct these tasks or describe, in detail, alternative approaches to providing the requested support.

• Administer the PAI SWG Program, including establishing guidelines for the competitive program, advertising the program transparently to all Bay stakeholders, issuing an RFA, assisting potential applicants to the extent permitted by applicable law and policy, including the EPA Subaward Policy, coordinating the review of applications, and selecting subrecipients.

• Ensure that no applicant or group of applicants has an unfair advantage during the competitive process.

• Develop an RFA that reflects the 2014 Chesapeake Bay Watershed Agreement goals and outcomes, including the associated management strategies and workplans, with emphasis on efforts towards those outcomes that are off course in implementation, as identified in Chesapeake Progress (www.chesapeakeprogress.com), and that benefit multiple outcomes.

• Disburse funding to subrecipients in a timely manner to prevent the accumulation of unliquidated obligations and as required by the applicable federal regulations.

http://www.chesapeakeprogress.com/ http://www.chesapeakeprogress.com/

• Provide grant management assistance to potential and selected subrecipients to build their capacity in grant management, project implementation, organizational capacity building best practices, etc.

• Provide planning and design and other technical assistance-oriented activities that enhance capacity to implement on-the-ground restoration and conservation efforts more efficiently and effectively.

• Provide project monitoring to ensure the successful implementation of all the subaward projects.

• Actively search for ways to leverage EPA funding with other public and/or private funding sources.

• Organize and execute outreach and information sharing for the PSI SWG program, including a yearly event(s) to announce the successful applicants as well as other events that promote and share the successes, lessons learned, and best practices from PAI SWG projects.

• Ensure the transfer of information between, and networking among, the SWG and INSR grantee communities and other CBP restoration and conservation practitioners.

• Design and implement a communications program that enables subrecipients to conduct outreach within their local community and to their stakeholders about the project, its benefits, and sources of funding.

• Undertake a third-party evaluation of this program and review and coordinate implementation of recommendations.

• Qualitatively and quantitatively track measured nutrient and sediment reductions and environmental results (successes and failures) of the subaward projects and ensure that the data and results are communicated and reported to CBP and its jurisdictional partners in an accepted format.

• Ensure that subrecipients comply with federal quality assurance requirements. See Section VI.C of this RFA for more information.

Activity 2: Innovative Nutrient and Sediment Reduction (INSR) Grants Program Estimated Funding: $55,000,000 ($10,000,000 for Year 1 and up to $15,000,000 for Years 2-4)

This RFA is seeking cost-effective proposals from eligible applicants to manage the Innovative Nutrient and Sediment Reduction (INSR) Grants Program. The objective of the INSR Program is to support efforts within the Chesapeake Bay watershed to:

1. Accelerate sub-watershed and/or regional-scale implementation of nutrient and sediment reductions with demonstrated approaches that use priority practices that are in the state WIPs;

2. Actively transfer and disseminate the lessons learned from the subaward projects to the wider Bay region stakeholder community; and

3. Work to institutionalize the continued and expanded implementation of nutrient and sediment reduction practices and approaches.

The successful applicant for this activity will issue subawards to nonprofit organizations, state and local governments, educational institutions, tribal governments and organizations, and/or interstate agencies on a competitive basis to achieve the objectives of the INSR program, as described below. The recipient must comply with applicable provisions of 2 CFR Part 200 and the EPA Subaward Policy, including the EPA General Terms and Conditions for subawards.

https://www.epa.gov/grants/grants-policy-issuance-gpi-16-01-epa-subaward-policy-epa-assistance-agreement-recipients

Recognizing a need to foster a balance of cost-effectiveness with accelerated methods for pollution reduction, for purposes of this RFA, CBPO is defining "innovative" as:

a) Approaches that utilize demonstrated technologies or techniques for reducing nonpoint nutrient/sediment loads to the Bay; and

b) Sustainable improvements in removal efficiencies and/or cost-effectiveness, which may include incentives or methods that are demonstrably effective at increasing implementation rates.

The INSR Program should be designed to cultivate promising projects and ideas whose goal is to develop, support, and vastly accelerate implementation of innovative, sustainable and cost-effective approaches that dramatically reduce nutrient and sediment pollution on a sub-watershed and/or regional scale. Focus should be placed on advancing efforts that help implement the jurisdictions’ WIPs and two-year milestones of the Chesapeake Bay TMDL. These projects should lead to advancing knowledge in the development and transfer of cutting-edge, inventive ways of approaching nonpoint and point source load reductions while also contributing knowledge of cost-effective and sustainable ways of doing business.

Subawards will support technology transfer and effective dissemination and institutionalization of approaches to expand the collective knowledge of the most cost-effective and sustainable approaches to dramatically reducing or eliminating nutrient and sediment pollution to the Chesapeake Bay and its tributaries. Subawards issued under the INSR Program will provide up to $2,000,000 in federal funding per subaward.

The successful applicant must ensure that subrecipients include measurable nutrient and sediment reductions and qualitatively and quantitatively track measured nutrient and sediment reductions and environmental results (successes and failures) of the subaward projects. In addition, the successful applicant must ensure that specific information about the BMPs implemented are tracked and reported to each jurisdiction so that project data becomes part of the overall accounting for the Chesapeake Bay TMDL. BMP information must be communicated to the relevant state agency that annually reports to CBPO. In addition, the successful applicant should work with subawards to verify that BMPs are completed as planned and the subaward has a plan is in place to ensure proper function of implemented practices into the future. Requirements for what BMP information to report are established by the relevant state agency, typically through formatted templates and BMP tracking databases. The information is needed to comply with federal quality assurance requirements for environmental data.

Examples of subaward projects that could be funded under the INSR Program include projects that:

• Support implementation of projects that align with priorities driven by the water quality outcomes in the 2014 Chesapeake Bay Watershed Agreement, specifically those included in jurisdictions’ Watershed Implementation Plans and two-year milestones.

• Provide technical assistance and capacity building for the design, planning, and implementation of local standards, ordinances, regulations, restoration practices, and programs to reduce nutrient and sediment loads from stormwater and agricultural lands.

• Support the technology transfer, dissemination, institutionalization, and expanded implementation of actions that will address the greatest agricultural challenges facing restoration of water quality in the Bay (as described in the 2014 Chesapeake Bay Watershed Agreement and associated Management Strategies and Outcome Logic and Action Plans, Bay TMDL and its associate WIPs and milestones, and FY2022-2026 EPA Strategic Plan).

https://www.chesapeakebay.net/what/what-guides-us/decisions/document-status https://www.epa.gov/chesapeake-bay-tmdl https://www.epa.gov/chesapeake-bay-tmdl https://www.epa.gov/system/files/documents/2022-03/fy-2022-2026-epa-strategic-plan.pdf

• Support collaboration, investment, and application of social science research, methodologies, and disciplines that aid in developing capacity and designing and implementing effective strategies.

• Support applications of technologies that have been shown to yield proven or cost-effective reductions of nutrients or sediments, with opportunities for widespread implementation across the Chesapeake Bay Watershed.

The successful applicant for this Activity will coordinate with the successful applicant of Activity 1 to maximize the impact and efficacy of these two programs as well as coordinate with other federal funding sources that may exist that support both activities. Funds should be directed to subawards except for funds required to carry out the responsibilities below or for communications, outreach, and administrative and technical assistance activities that directly support subrecipients.

The following are examples of the types of tasks required to successfully carry out the INSR Program.

Applicants are expected to conduct these tasks or describe in detail alternative approaches to providing the requested support.

• Administer the INSR program, including establishing guidelines for the competitive program, advertising the program transparently to all Bay stakeholders, issuing an RFA, assisting potential applicants to the extent permitted by applicable law and policy, including the EPA Subaward Policy, coordinating the review of applications, and selecting subrecipients.

• Ensure that no applicant or group of applicants has an unfair advantage during the competitive process.

• Develop an annual RFA that reflects the priorities of the 2014 Chesapeake Bay Watershed Agreement water quality outcomes as well as Bay Program partners’ Watershed Implementation Plans, management strategies and associated outcome workplans, with emphasis on efforts that benefit multiple outcomes.

• Disburse funding to subrecipients in a timely manner to prevent the accumulation of unliquidated obligations and as required by the applicable federal regulations.

• Provide hands-on technical assistance that enhances capacity to more efficiently and effectively implement on-the-ground conservation efforts that achieve nutrient and sediment reduction.

• Provide project monitoring to ensure the successful implementation of all the subaward projects.

• Actively search for ways to leverage EPA funding with other public and/or private funding sources.

• Organize and execute outreach programs for the INSR Program, including a yearly event(s) to announce the successful applicants as well as other events that promote and share the successes, lessons learned, and best practices from INSR projects.

• Ensure the transfer of information between, and networking among, the SWG and INSR grantee communities and other CBP restoration and conservation practitioners.

• Design and implement a communications program that enables subrecipients to conduct outreach within their local community and to their stakeholders about the project, its benefits, and sources of funding.

• Ensure subaward project results are disseminated and transferred for broad application and adoption.

• Review and implement previous INSR Program evaluations and undertake the next-scheduled third-party review of the grant program.

• Qualitatively and quantitatively track measured nutrient and sediment reductions and environmental results (successes and failures) of the subaward projects and ensure that the data and results are communicated and reported to CBP and its jurisdictional partners in an accepted format.

• Ensure that subrecipients comply with federal quality assurance requirements. See Section VI.C of this RFA for more information.

C. EPA Strategic Plan Linkage & Anticipated Outcomes and Outputs

Pursuant to Section 6a of EPA Order 5700.7A1, “Environmental Results under EPA Assistance Agreements,” EPA must link proposed assistance agreements to the Agency’s Strategic Plan.

1. Linkage to EPA’s Strategic Plan The activities to be funded under this solicitation support the FY 2022-2026 EPA Strategic Plan. Awards made under this solicitation will support Goal 5: Ensure Clean and Safe Water for All Communities, Objective 5.2 Protect and Restore Waterbodies and Watersheds of the Strategic Plan.

EPA Order 5700.7A1 also requires that grant applicants adequately describe environmental outputs and outcomes to be achieved under assistance agreements. Applicants must include specific statements describing the environmental results of the proposed project in terms of well-defined outputs and, to the maximum extent practicable, well-defined outcomes that will demonstrate how the project will contribute to accomplishment of the activities described above in Section I.B.

2. Outputs The term “output” means an environmental activity, effort, and/or associated work product related to an environmental goal and objective that will be produced or provided over a period of time or by a specified date. Outputs may be quantitative or qualitative but must be measurable during an assistance agreement funding period. Examples of potential outputs under the Scope of Work of this announcement may include but are not limited to the following:

• Administer an annual grant competition process, including RFP development, advertisement, and selection.

• Develop program guidance for subrecipients, execute subaward agreements, and disperse funding in a timely manner.

• Monitor subrecipient progress, assess performance, and communicate environmental results to EPA and the appropriate jurisdiction(s).

• Provide technical assistance to potential applicants and successful grantees.

• Build public knowledge and support for the grants programs by actively promoting prior successes and future goals.

• Develop and publish an annual report that summarizes funded projects and accomplishments.

• Conduct roundtables for stormwater, agricultural and other crosscutting subjects.

• Conduct webinars to highlight projects and emphasize peer-to-peer connections.

Semi-annual and final reports will also be required outputs for all activities, as specified in Section VI.C., Reporting, of this announcement.

3. Outcomes The term “outcome” means the result, effect, or consequence that will occur from carrying out an environmental program or activity that is related to an environmental or programmatic goal or objective. Outcomes may be qualitative and environmental, behavioral, health-related, or programmatic https://www.epa.gov/grants/epa-order-57007a1-epas-policy-environmental-results-under-epa-assistance-agreements https://www.epa.gov/planandbudget/strategicplan https://www.epa.gov/planandbudget/strategicplan https://www.epa.gov/sites/production/files/2015-03/documents/epa_order_5700_7a1.pdf in nature but must also be quantitative. They may not necessarily be achievable within an assistance agreement funding period. Examples of potential outcomes under the Scope of Work of this announcement may include but are not limited to the following:

• Reduced nitrogen, phosphorus, sediment delivered to Chesapeake Bay watershed.

• Reduced volume and pollutant load of runoff.

• Improvements made to state, county, or local environmental programs, requirements, or policies that better protect public health and the environment.

• Improved organizational ability to advance environmental and community goals within the

Chesapeake Bay and its watershed.

• Advancement of progress toward water quality, habitat, living resource, stewardship outcomes contained within the 2014 Chesapeake Watershed Agreement.

• Increased number of individuals taking action to improve local watershed health.

D. Authorizing Statutes and Regulations

The cooperative agreement(s) issued for Activity 1 of this RFA will be made pursuant to CWA Sections 117(g)(2) and 117(d). Section 117(g)(2) authorizes the establishment of the SWG program to implement cooperative tributary basin strategies that address water quality and living resource needs and to implement locally based protection and restoration programs and projects.

The cooperative agreement issued for Activity 2 of this RFA will be made pursuant to CWA Section 117(d), which authorizes EPA to issue grants and cooperative agreements for the purposes of protecting and restoring the Chesapeake Bay’s ecosystem.

All cooperative agreements awarded under this RFA are subject to the Office of Management and Budget’s (OMB) Uniform Grants Guidance (2 C.F.R. Part 200) and EPA-specific provisions of the Uniform Grants Guidance (2 C.F.R. Part 1500).

E. Minority Serving Institutions:

EPA recognizes that it is important to engage all available minds to address the environmental challenges the nation faces. At the same time, EPA seeks to expand the environmental conversation by including members of communities which may have not previously participated in such dialogues to participate in EPA programs. For this reason, EPA strongly encourages all eligible applicants identified in Section III, including minority serving institutions (MSIs), to apply under this opportunity. For purposes of this solicitation, the following are considered MSIs:

1. Historically Black Colleges and Universities, as defined by the Higher Education Act (20 U.S.C. § 1061(2)). A list of these schools can be found at Historically Black Colleges and Universities;

2. Tribal Colleges and Universities (TCUs), as defined by the Higher Education Act (20 U.S.C. § 1059c(b)(3) and (d)(1)). A list of these schools can be found at American Indian Tribally Controlled Colleges and Universities;

3. Hispanic-Serving Institutions (HSIs), as defined by the Higher Education Act (20 U.S.C. § 1101a(a)(5)). A list of these schools can be found at Hispanic-Serving Institutions;

https://sites.ed.gov/whhbcu/one-hundred-and-five-historically-black-colleges-and-universities/ https://sites.ed.gov/whiaiane/tribes-tcus/tribal-colleges-and-universities/ https://sites.ed.gov/whiaiane/tribes-tcus/tribal-colleges-and-universities/ https://sites.ed.gov/hispanic-initiative/hispanic-serving-institutions-hsis/

4. Asian American and Native American Pacific Islander-Serving Institutions; (AANAPISIs), as defined by the Higher Education Act (20 U.S.C. § 1059g(b)(2)). A list of these schools can be found at Asian American and Native American Pacific Islander-Serving Institutions; and

5. Predominately Black Institutions (PBIs), as defined by the Higher Education Act of 2008, 20 U.S.C.

1059e(b)(6). A list of these schools can be found at Predominately Black Institutions.

II. AWARD INFORMATION

A. Funding Amount and Expected Number of Awards

The total estimated funding under this solicitation is approximately $110,000,000 for two cooperative agreements, with up to $55,000,000 available per award for each Activity 1 and Activity 2. Funding will be awarded incrementally in the amount of $10,000,000 for Year 1 and up to $15,000,000 for Years 2-4.

Year 1 Year 2 Year 3 Year 4 Total Activity 1:

PAI SWG

$10,000,000 $15,000,000 $15,000,000 $15,000,000 $55,000,000

Activity 2:

INSR

$10,000,000 $15,000,000 $15,000,000 $15,000,000 $55,000,000

EPA reserves the right to reject all applications and make no award under this announcement or award less than the estimated funding amounts identified. Funding depends on availability, satisfactory performance, Agency priorities, and other applicable considerations. EPA makes no commitment of annual funding amounts for any fiscal year(s), as funds may be limited based on these applicable considerations.

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 selection is made. Any additional selection for awards will be made no later than six months after the original selection decision.

B. Award Type

EPA intends to award cooperative agreements under this solicitation. Cooperative agreements allow for substantial involvement between the EPA Project Officer and the selected applicant(s) in the performance of the supported work. Although 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 recipient’s performance to verify the results proposed in the scope of work;

• Collaboration during performance of the scope of work;

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

• Approving qualifications of key personnel (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).

https://www.google.com/maps/d/viewer?mid=1XVkOWKMDORm53pvU0L8EPsrJC94&msa=0&ie=UTF8&t=m&z=3&source=embed&ll=40.58644586187275%2C-148.28228249999984 https://www.google.com/maps/d/viewer?mid=1XVkOWKMDORm53pvU0L8EPsrJC94&msa=0&ie=UTF8&t=m&z=3&source=embed&ll=40.58644586187275%2C-148.28228249999984 https://www.google.com/maps/d/viewer?mid=1wlIi3j7gtlNq_w-0NKAb2bF2VmY&ie=UTF&msa=0&ll=37.35160769312532%2C-96.17229800000001&z=4

EPA does not have the authority to select recipient employees, contractors, or subrecipients, and the final decision on the content of reports rests with the recipient.

For these projects, federal involvement would typically be in the form of participation with other CBP partners and stakeholders in an advisory capacity to the grantee. The participation is expected to include involvement through the various CBP Goal Implementation Teams and related committees and workgroups (on which EPA also participates to ensure that all the recommendations for technical work support the CBP partners). All work conducted is to support the 2014 Chesapeake Bay Watershed Agreement and the Chesapeake TMDL.

C. Partial Funding

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.

D. Expected Project Period

The expected project period for the cooperative agreement is five years, with funding provided on an annual basis. No commitment of funding can be made beyond the first year. The expected start date for the award resulting from this RFA is January 1, 2024.

III. ELIGIBILITY INFORMATION

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

A. Eligible Applicants

Eligibility for Activity 1 (PAI SWG)

Pursuant to Assistance Listing 66.466 and CWA 117(g)(2), funds are available for technical assistance and assistance grants under the SWG Program to local governments and nonprofit organizations and individuals in the Chesapeake Bay region.

Eligibility for Activity 2 (INSR)

Pursuant to Assistance Listing 66.466 and CWA 117(d), funds are available for technical and general assistance grants under the INSR program to nonprofit organizations, State, tribal (federally-recognized) and local governments, colleges, universities, and interstate agencies.

Federally-Recognized Tribes

Seven tribes in Region 3, all located in Virginia within the Bay watershed, have received federal recognition. Such tribes are specifically included in the CWA’s definition of “municipality.” See CWA https://www.epa.gov/grants/epa-solicitation-clauses https://sam.gov/fal/7b740f783ed040c590a00bb61252dfd9/view

Section 503(4) (“municipality” includes “a city, town, borough, county, parish, district, association, or other public body created by or pursuant to State law and having jurisdiction over disposal of sewage, industrial wastes, or other wastes, or an Indian tribe or an authorized Indian tribal organization.”) Federally recognized tribes also have a special status in federal environmental law, including the Clean Water Act. See, e.g., CWA Section 518(e) (EPA “to treat an Indian tribe as a State” for various purposes under the statute). Federally recognized tribes are defined in the statute at CWA Section 518(h). Due to their CWA status, federally recognized tribes are eligible for Chesapeake Bay grants under CWA Section 117 on the same basis as local governments. Moreover, tribes are eligible to receive pass-through funding from prime recipients of Chesapeake Bay program funds.

Definition of Nonprofit Organization

Consistent with the definition of Nonprofit organization at 2 CFR § 200.1, the term nonprofit organization means any corporation, trust, association, cooperative, or other organization that is operated mainly for scientific, educational, service, charitable, or similar purpose in the public interest and is not organized primarily for profit; and uses net proceeds to maintain, improve, or expand the operation of the organization. The term includes tax-exempt nonprofit neighborhood and labor organizations. Note that 2 CFR 200.1 specifically excludes Institutions of Higher Education from the definition of nonprofit organization because they are separately defined in the regulation. While not considered to be a nonprofit organization(s) as defined by 2 CFR 200.1, public or nonprofit Institutions of Higher Education are, nevertheless, eligible to submit applications under this RFA. Hospitals operated by state, tribal, or local governments or that meet the definition of nonprofit at 2 CFR 200.1 are also eligible to apply as nonprofits or as instrumentalities of the unit of government depending on the applicable law. For-profit colleges, universities, trade schools, and hospitals are ineligible.

Nonprofit organizations that are not exempt from taxation under section 501 of the Internal Revenue Code must submit other forms of documentation of nonprofit status; such as certificates of incorporation as nonprofit under state or tribal law. Nonprofit organizations exempt from taxation under section 501(c)(4) of the Internal Revenue Code that lobby are not eligible for EPA funding as provided in the Lobbying Disclosure Act, 2 U.S.C. 1611.

B. Cost-Share or Matching Requirements

Activity 1 (PAI SWG):

Pursuant to Clean Water Act 117(g)(2), Small Watershed Grants are subject to a minimum 25 percent cost-share. Therefore, for Activity 1, an applicant must provide a minimum of 25 percent of the total cost of the project as the non-federal cost-share.

Activity 2 (INSR):

Pursuant to CWA Section 117(d)(2)(A), 33 USC Section 1267(d)(2)(A), the agency shall determine the cost-share requirements for awards.