EPA-REG-WPDG-23-24_082823.pdf

Federal Agency Name: U.S. Environmental Protection Agency, Region 2

Funding Opportunity Title: Region 2 Fiscal Year 2023 Wetland Program Development Grants

Announcement Type: Request for Applications (RFA)

Funding Opportunity Number: EPA-REG2-WPDG-23-24

Assistance Listing Number: 66.461

Key Dates:

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

Applications must be submitted by October 24, 2023, at 11:59 P.M. ET. Late applications will not be considered for funding.

Questions submission Questions about this RFA must be submitted in writing via e-mail and must be received by the Agency Contact identified in Section VII, AGENCY CONTACTS, before October 10, 2023.

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

Other dates 1/01/24 EPA anticipates selecting applications for awards.

03/01/24 EPA anticipates awarding grants to recipients.

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

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

Contents of this Request for Applications:

I. Funding Opportunity Description p. 2

II. Award Information p. 11

III. Eligibility Information p. 12

IV. Application and Submission Information p. 17

V. Application Review Information p. 27

VI. Award Administration Information p. 30

VII. Agency Contacts p. 32

VIII. Other Information p. 32 https://www.grants.gov/ https://www.epa.gov/wetlands/wetland-program-development-grants https://www.epa.gov/wetlands/wetland-program-development-grants https://www.epa.gov/grants/epa-solicitation-clauses

I. FUNDING OPPORTUNITY DESCRIPTION

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

The statutory authority for WPDGs is Section 104(b)(3) of the Clean Water Act (CWA), 33 U.S.C. § 1254(b)(3).

Section 104(b)(3) of the CWA restricts the use of these funds to developing or refining wetland programs by conducting or promoting the coordination and acceleration of research, investigations, experiments, training, demonstrations, surveys, and studies relating to the causes, effects, extent, prevention, reduction, and elimination of pollution. Projects that are demonstrations must involve new or experimental technologies, methods, or approaches to be eligible for WPDGs. EPA expects that the results of each project will be disseminated so that others can benefit from the knowledge gained in the demonstration project. More information on transferring the results of grant outputs see Section IV.B.5.B.9: Transfer of Results.

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

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

A. PROGRAM OBJECTIVES

The goals of EPA’s wetland program include increasing the quantity and quality of wetlands in the U.S. by conserving and restoring wetland acreage and improving wetland condition. In pursuing these goals, EPA seeks to develop the capacity of all levels of government to develop and/or refine effective, comprehensive programs for wetland protection and management. In addition to developing and/or refining wetland protection and management programs, EPA seeks to build wetlands programs to incorporate climate change and environmental justice considerations as described in Section I.C.2.a: Climate Change and Section 1.C.2.b: Justice40 (J40) of this announcement on the program’s National Priorities.

Wetlands are areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. For this grant program, the term wetlands generally include swamps, marshes, bogs, and similar areas.

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

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

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

Core Elements. With the work of many states, tribes, and territories, EPA has distilled a set of core elements, actions, and example/suggested activities that together comprise a comprehensive wetland program. EPA has https://wgd.epa.gov/ https://wgd.epa.gov/ summarized these common core elements, actions, and activities in the Tribal, State, Territory Wetlands Program Core Element Framework, also called the Core Elements Framework (CEF). The CEF describes in greater detail the four core elements that make up an effective state, tribal, or territory wetland program. These four core elements are:

1. Monitoring and assessment.

2. Voluntary restoration and protection.

3. Regulatory approaches including Clean Water Act (CWA) Section 401 certification.

4. Wetland-specific water quality standards.

Only program development and/or refinement activities are eligible. Each of these four core elements consists of several broad “phases,” “actions,” and “activities” that if collectively carried out, would complete that core element. The list of activities in the CEF is not meant to be an exhaustive list of all activities that can be carried out to develop a “wetland” program. Of this broad array of actions, only some are program development actions (as opposed to implementation actions) and are eligible for funding under this RFA. Examples of actions eligible for funding are listed below as outputs. A larger list of examples of actions that are eligible for funding under this RFA can be found under the “Program Building Activities" menu for each core element at:

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

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

Wetland mapping as part of a project to develop or refine a state, tribal, territory, or local government program to research, investigate, experiment, train, demonstrate, survey, and study the causes, effects, extent, prevention, reduction, and elimination of water pollution is eligible for funding. Mapping projects are required to meet the Federal Geographic Data Committee (FGDC) Wetlands Mapping Standards (see Section VIII.C). Wetland mapping and monitoring projects are eligible for funding under this announcement as they are considered studies or investigations that develop or refine state, tribal, territory, or local government programs.

Funds received through the WPDG competition cannot be used to fund application tasks to implement a wetland program, for fundraising, honorarium, or to fund the purchase of land or conservation easements. Tasks can only be for developing or refining wetland programs. Tasks that are or might be required by a previous or pending permit, e.g., CWA Section 404 permit, CWA Section 402 permit, CWA Section 401 certification, or federal, state, territorial, tribal, or local government regulatory requirement(s) are not eligible for funding because they are implementation tasks. Implementation of individual mitigation projects, mitigation banks, or in-lieu-fee mitigation programs are not eligible for funding. Funds cannot be used for projects that construct wetlands to treat wastewater or stormwater.

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

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

Proposed projects must comply with all state, territorial, tribal, local, and federal regulations applicable to the project area. It is the responsibility of the applicant to ensure compliance.

Funds awarded under this announcement for wetland meetings/training workshops may be used by recipients to promote participation and to support the travel expenses of non-federal personnel. Assistance funds may be used https://www.epa.gov/system/files/documents/2023-02/EPA_Core_Elements_Framework_February_2023.pdf https://www.epa.gov/system/files/documents/2023-02/EPA_Core_Elements_Framework_February_2023.pdf https://www.epa.gov/wetlands/wetland-program-development-grants-eligible-activities by the successful applicant to defray transportation and subsistence expenses for non-federal attendees at training sessions, roundtables, or workgroup meetings. The applicant will select meeting locations, secure meeting facilities (e.g., meeting rooms, accommodations, audio-visual equipment), and develop meeting agendas and materials. The successful applicant will use its logos on any materials it provides; EPA will use its logos on any materials it provides. The applicant is solely responsible for determining a methodology for selecting and funding reimbursement requests and providing a report on how participating non-federal attendees benefited from the meetings. EPA will not participate in the selection or approval of individuals who receive travel assistance.

B. ENVIRONMENTAL RESULTS AND LINKAGE TO STRATEGIC PLAN

The projects to be funded under this solicitation support EPA’s FY 2022-2026 Strategic Plan. Awards made under this announcement will support Goal 5 - Ensure Clean and Safe Water for All Communities: Provide clean and safe water for all communities and protect our nation’s waterbodies from degradation, Objective 5.2: Protect and Restore Waterbodies and Watersheds: Address sources of water pollution and ensure water quality standards are protective of the health and needs of all people and ecosystems.

All proposed projects must demonstrate the linkage to the Strategic Plan and include specific statements describing the environmental results of the proposed project in terms of well-defined outputs, and to the maximum extent practicable, well-defined outcomes that demonstrate how the project will contribute to the overall goal of restoring and protecting aquatic ecosystems. Additional information regarding environmental results is available at: https://www.epa.gov/grants/epa-order-57007a1-epas-policy-environmental-results-under-epa-assistance-agreements.

Outputs refer to an environmental activity, effort, and/or associated work product/output related to an environmental goal or objective that will be produced or provided over a period of time or by a specified date.

Outputs may be quantitative or qualitative but must be measurable during the assistance agreement funding period.

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

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

• Development of training materials and tools to help state, tribal, territory, or local government decisionmakers integrate wetland protection and restoration into integrated watershed planning especially regarding environmental justice1/hazard mitigation/flood/drought planning and climate change and resiliency. The project can incorporate Traditional Ecological Knowledge (Voluntary Restoration/Protection and/or Regulatory Core Elements).

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

EPA intends to define environmental justice in a manner consistent with EO 14096 Revitalizing Our Nation’s Commitment to Environmental Justice for All (April 21, 2023), https://www.govinfo.gov/content/pkg/FR-2023- 04-26/pdf/2023-08955.pdf.

https://www.epa.gov/planandbudget/strategicplan https://www.epa.gov/grants/epa-order-57007a1-epas-policy-environmental-results-under-epa-assistance-agreements https://www.epa.gov/grants/epa-order-57007a1-epas-policy-environmental-results-under-epa-assistance-agreements https://www.govinfo.gov/content/pkg/FR-2023-04-26/pdf/2023-08955.pdf https://www.govinfo.gov/content/pkg/FR-2023-04-26/pdf/2023-08955.pdf

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

• Development of strategies that take into account hazard mitigation/flood/drought planning, climate change and resiliency, and environmental justice into wetland restoration and protection (Voluntary Restoration and Protection Core Element, Regulatory Core Element).

• Development of a report on the ambient condition of wetland resources at a state, tribal, territory, or population scale and may include traditionally important and sacred species, sites, etc.

(Monitoring and Assessment Core Element).

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

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

• Development of methods or strategies to incorporate wetland water quality standards into EPA approved state, tribal, or territory water quality standards and may include traditional and culture uses (Wetland-specific Water Quality Standard Core Element).

• Development of methods and studies to address at-risk or vulnerable wetland ecosystems, aquatic resources, and wetland-dependent priority species due to hazard mitigation/flooding/drought impacts and climate resilience into wetland protection and watershed planning (Monitoring and Assessment Core Element).

• Development of education and outreach materials for wetland staff, the public, and other sectors (All Core Elements).

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

Outcomes are objectives or goals that will occur from carrying out an environmental program or activity.

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

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

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

• Increased quantity of wetlands.

• Increased quality of wetlands.

• Improved wetland protection efforts.

• Increased stakeholder and decisionmaker understanding of wetland condition for a variety of uses/functions, including traditional and cultural uses.

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

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

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

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

• Increased stakeholder and decisionmaker understanding of how to develop a CWA Section 404 state, territorial, or tribal regulatory program.

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

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

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

As part of the application, applicants must describe how the project will protect wetland resources and link the anticipated outputs and outcomes to the Agency’s Strategic Plan. Further information is in Section IV.C, CONTENT OF APPLICATION SUBMISSION, of this RFA. Additional information regarding EPA’s definition of environmental results in terms of outputs and outcomes can be found at: https://www.epa.gov/grants/epa-order- 57007a1-epas-policy-environmental-results-under-epa-assistance-agreements.

C. TRACK CONCEPT AND PRIORITY AREAS

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

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

• States, territories, and tribes can apply under Track One: WPP or Track Two: Non-WPP.

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

Applicants may submit more than one application under this RFA under the applicable track. Each application must be separately submitted, must be for a different project, and will be separately evaluated. In addition, state, tribal, and territory applicants may submit applications under each track, but each application must be submitted under either Track One: WPP or Track Two: Non-WPP. State, tribal, and territory applicants cannot submit one application covering both tracks. If the applicant indicates that an application covers both tracks or has placed an application in the wrong track, EPA will determine the most appropriate track in which to evaluate the application.

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

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

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

Track Two: Non-WPP Applicants: demonstrate that their application is developing or refining a state, tribal, territory, or local wetland program. Applicant should indicate which core element(s) and one or more action(s) under a core element(s) described in the CEF at:

https://www.epa.gov/wetlands/wetland-program-development-grants-eligible-activities they will be developing or refining. A local government, university, interstate agency, or intertribal consortium applicant can reference one or more grant-eligible action(s) from an EPA-approved state, territorial, or tribal Wetland Program Plan (see Section I.C.1.b, Track Two: Non-WPP Applicant Applications) that they plan to undertake as part of the proposed project.

Effective partnerships are important for the success of projects under this announcement. The complexity of projects to develop or refine state, territorial, tribal, or local wetland programs requires various levels of government and non-government stakeholders (e.g., community residents, colleges and universities, nonprofit organizations, etc.) to work together. EPA supports and empowers such collaborative partnerships. Such partnerships create ownership amongst partners and the grantee, which fosters success and sustainability. Projects are encouraged to include meaningful involvement of all partners ranging from preparation and execution of the project through project evaluation/next steps. Applications will be evaluated based on their partnerships described in Section IV.B.5.B.11, Partnership Information, and Section V, APPLICATION REVIEW INFORMATION, partnership criteria.

Track One: WPP-eligible applicants will only be ranked against other Track One: WPP-eligible applicants.

Track Two: Non-WPP-eligible applicants will only be ranked against other Track Two: Non-WPP-eligible applicants. See Section V, APPLICATION REVIEW INFORMATION, for further information.

The two tracks are described in more detail below.

1. Track Concept

a. Track One: WPP Applications Only state, tribal, and territory applicants are eligible to submit applications and compete under Track One:

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

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

Under Track One: WPP, states, territories, and tribes must submit applications for either: 1) carrying out grant-eligible actions from a current EPA-approved WPP or 2) developing or updating a WPP (and, if they so choose, also carrying out actions that develop or refine a wetland program described in the CEF at:

https://www.epa.gov/wetlands/wetland-program-development-grants-eligible-activities). If a state, tribe, or territory submits any other type of application, they will be included and evaluated under Track Two: Non- WPP as long as the application meets the threshold eligibility requirements delineated in Section III.

Wetland Program Plans. WPPs are voluntary plans developed by state, tribal, and territory agencies that articulate what the state, tribe, or territory wants to accomplish with their wetland programs over time. WPPs https://www.epa.gov/wetlands/wetland-program-development-grants-eligible-activities describe overall program goals along with broad-based actions consistent with the CEF and more specific activities that will help achieve the goals. Timelines for the WPPs vary between three to six years, with more specific timeframes typically associated with the WPP actions/activities.

WPPs should include the following five minimum components:

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

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

3. A list of planned actions consistent with the CEF that the program intends to carry out over the

WPP’s timeframe which, if collectively met, will accomplish the overall WPP goal(s).

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

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

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

https://www.epa.gov/wetlands/state-and-tribal-wetland-program-plans#r1.

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

If a state, tribe, or territory already has an EPA-approved WPP, they may submit an application to carry out grant-eligible actions in their WPP. The state, tribe, or territory must indicate in their application(s) which of the development or refinement actions from their EPA-approved WPP they intend to carry out. All EPA-approved state, tribal, or territory WPPs for Region 2 can be found at: https://www.epa.gov/wetlands/state-and-tribal-wetland-program-plans#r2.

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

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

https://www.epa.gov/wetlands/what-enhancing-state-and-tribal-programs-effort https://www.epa.gov/wetlands/what-enhancing-state-and-tribal-programs-effort https://www.epa.gov/wetlands/state-and-tribal-wetland-program-plans#r1 https://www.epa.gov/wetlands/state-and-tribal-wetland-program-plans#r2 https://www.epa.gov/wetlands/state-and-tribal-wetland-program-plans#r2

States, territories, or tribes submitting applications to develop a WPP under Track 1 may want to include travel support and meeting set-up and facilitation support to hold meetings amongst state agencies, territorial agencies, tribal agencies, or stakeholders. Alternative training workshops due to the impacts of natural disasters and/or health emergencies, such as COVID-19, may include switching from in-person formats to online only or reducing the number of participants in each training to allow participants to be located six feet apart from each other. Applicants should consider “green” or climate-neutral meetings, workshops, or in-person training.

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

Under Track Two: Non-WPP, states, territories, tribes, local governments, interstate agencies, intertribal consortia, and colleges and universities that are agencies of a state must submit applications that will develop or refine a state, territorial, tribe, or local government’s wetland program by either carrying out one or more action(s): 1) under a core element(s) from the CEF or 2) that advance the grant-eligible actions articulated in an EPA-approved WPP. Applicants must indicate in their applications which core element(s) their project would develop or refine and which associated action(s) their project would take from the CEF at:

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

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

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

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

The EPA-approved state, tribal, and territory WPPs can be found at: https://www.epa.gov/wetlands/state-and-tribal-wetland-program-plans#r1.

2. National Priority Areas

a. Climate Change Taking action on climate change is one of EPA’s top priorities. Taking action to fight the urgent threat of climate change offers an opportunity to build more resilient infrastructure, protect public health, advance environmental justice, strengthen America's working communities, and spur American technological innovations. EPA is working to improve society’s understanding of climate change, its impacts on human health and the environment, and actions that can be taken to adapt to climate change and mitigate greenhouse gas emissions. The data, tools, and resources that EPA supports the development of can also be used by states, tribes, territories, and communities to help https://www.epa.gov/wetlands/wetland-program-development-grants-eligible-activities https://www.epa.gov/wetlands/state-and-tribal-wetland-program-plans#r1 https://www.epa.gov/wetlands/state-and-tribal-wetland-program-plans#r1 tackle the climate crisis effectively, equitably, and sustainably. The term “climate change” refers to any significant change in the measures of climate lasting for an extended period of time, including major changes in temperature, precipitation, or wind patterns, that occur over several decades or longer. Climate change can include increased air and water temperatures, changes in the timing and intensity of precipitation, and sea level rise. Changes in snowpack, streamflow, and forest cover are already occurring and future climate change will likely continue to influence these changes, including the availability of a reliable water source found in mountain snowpack, which melts and runs off into streams and rivers in the late spring and summer, a time when there is very little rainfall. Climate change will threaten this natural storage, with important consequences for the timing of runoff and amount of water available in streams and rivers (streamflow) and wetlands throughout the year.

Climate change is a national priority for this RFA and is intended to call attention to the impacts of climate change as well as adaptation efforts and resiliency needed to respond to those impacts. Many projects under the WPDG will be affected by climate change in the long term. Therefore, EPA believes that applicants incorporating climate change impacts and adaptation into their applications will achieve more successful long-term outcomes. Applicants are encouraged to consider their aquatic resources’ vulnerabilities to climate change and how to address them as part of a strong wetland program.

For EPA’s Office of Water 2022-2026 Climate Adaptation Implementation Plan, visit:

https://www.epa.gov/system/files/documents/2022-10/bh508-OW- 12113_ClimateAdaptatImplementPlan_508final.pdf . For more information and tools on climate change adaptation, visit: https://www.epa.gov/climate-change-water-sector.

Applicants should describe how and why the project will address the impacts of climate change on aquatic resources, specifically wetlands; how the project will help communities or ecosystems become more sustainable and resilient to the effects of climate change; and/or how the project will increase the ability of state, tribal, territory, and/or local decisionmakers to anticipate, prepare for, respond to, and recover from the impacts of a changing climate.

b. Justice40 (J40) Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities Through the Federal Government, issued on January 20, 2021, expresses the Administration’s policy that the Federal Government should pursue “a comprehensive approach to advancing equity for all, including people of color and others who have been historically underserved, marginalized, and adversely affected by persistent poverty and inequality.” The Executive Order defines “underserved communities” in part as “populations sharing a particular characteristic, as well as geographic communities, that have been systematically denied a full opportunity to participate in aspects of economic, social, and civic life.” In addition, Executive Order 14008, Tackling the Climate Crisis at Home and Abroad, signed on January 27, 2021, created the Justice40 (J40) Initiative that for the first time in our nation’s history made it a goal that 40 percent of the overall benefits of certain covered federal investments flow to disadvantaged communities.

Factors that may indicate disproportionate and adverse impacts as referenced above include:

differential proximity and exposure to adverse environmental hazards; greater susceptibility to adverse effects from environmental hazards (due to causes such as age, chronic medical conditions, lack of health care access, or limited access to quality nutrition); unique environmental exposures because of practices linked to cultural background or socioeconomic status (for example, subsistence fishing or farming); cumulative effects from multiple stressors; reduced ability to effectively participate in decision making processes (due to causes such as lack of or ineffective language access programs, lack of programs to make processes accessible to persons with disabilities, inability to https://www.epa.gov/system/files/documents/2022-10/bh508-OW-12113_ClimateAdaptatImplementPlan_508final.pdf https://www.epa.gov/system/files/documents/2022-10/bh508-OW-12113_ClimateAdaptatImplementPlan_508final.pdf https://www.epa.gov/climate-change-water-sector https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/20/executive-order-advancing-racial-equity-and-support-for-underserved-communities-through-the-federal-government/ https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/27/executive-order-on-tackling-the-climate-crisis-at-home-and-abroad/ access traditional communication channels, or limited capacity to access technical and legal resources); and degraded physical infrastructure, such as poor housing, poorly maintained public buildings (e.g., schools), or lack of access to transportation.

The WPDG Program is a J40 covered program. Consistent with the Addendum to the Interim Implementation Guidance for the J40 Initiative, M-21-28, on using the Climate and Economic Justice Screening Tool (CEJST), signed on January 27, 2023 (M-23-09), applicants that will be submitting tasks or entire projects in their applications that benefit disadvantaged communities must indicate which disadvantaged communities will benefit under this National Priority by using the Climate and Economic Justice Screening Tool (CEJST) as part of their application to help characterize and describe the affected communities/populations and area(s).

Applications should describe the proposed approach to effectively address the disproportionate and adverse human health, environmental, climate-related, and other cumulative impacts/benefits, as well as the accompanying economic challenges of such impacts, resulting from industrial, governmental, commercial and/or other actions that have affected and/or currently affect people/communities in underserved communities as determined by CEJST. Applicants should include in the application a description of the project task(s) that will benefit the underserved communities as determined by CEJST; how the project benefits these communities and/or populations (outputs and outcomes); the extent to which the project addresses engagement with these communities and/or populations, especially local residents, to ensure their meaningful participation with respect to the design, project planning, and performance of the project; and/or how the project will benefit such communities and/or populations that have experienced a lack of resources or other impediments to addressing the impacts identified above.

D. ADDITIONAL PROVISIONS FOR APPLICANTS INCORPORATED INTO THE SOLICITATION

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

II. AWARD INFORMATION

A. AMOUNT OF FUNDING

EPA anticipates approximately $1,588,000 in federal funding to be available for assistance agreements under this announcement to fund approximately seven to eleven awards depending on funding availability and other applicable considerations. Awards for the selected projects will likely range from $60,000 to $350,000 in federal funding. EPA will fund a maximum of 75 percent of the total project cost (see Section III.B, COST SHARING/MATCH REQUIREMENTS, for information on minimum non-federal cost share/match requirement).

Under this announcement, EPA will have two separate applicant tracks with state, tribal, and territory governments in Track One: WPP or Track Two: Non-WPP, and local governments, interstate agencies, intertribal consortia, and colleges and universities that are agencies of a state government in Track Two: Non-WPP.

EPA anticipates awarding approximately $794,000 in federal funds under Track One: WPP and approximately $794,000 in federal funds under Track Two: Non-WPP. It is anticipated that approximately three to six awards will be made under Track One: WPP and approximately three to six awards will be made under Track Two: Non- WPP with the expectation of funding more projects from Track 1 than Track 2.

https://www.whitehouse.gov/wp-content/uploads/2021/07/M-21-28.pdf https://www.whitehouse.gov/wp-content/uploads/2023/01/M-23-09_Signed_CEQ_CPO.pdf https://screeningtool.geoplatform.gov/en/#3/33.47/-97.5 https://screeningtool.geoplatform.gov/en/#3/33.47/-97.5 https://www.epa.gov/grants/epa-solicitation-clauses

It is anticipated that the assistance agreements awarded under this announcement will have one-to-three-year project periods. The project period for assistance agreements under this announcement should be no more than four years.

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

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

EPA reserves the right to increase or decrease (including to zero) the total number of awards and dollar amounts for each track or change the ratio of Track One: WPP to Track Two: Non-WPP assistance agreements it awards.

Such changes may be necessary as a response to the quality of applications received by EPA, the amount of funds awarded to the selected applicants, or budget availability.

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

B. TYPE OF FUNDING

It is anticipated that grants will be funded under this announcement.

III. ELIGIBILITY INFORMATION

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

A. ELIGIBLE APPLICANTS

In accordance with Assistance Listing 66.461, states, territories (Insular Areas), tribes, local government agencies, colleges and universities that are agencies of a state, interstate agencies, and intertribal consortia are eligible to apply for WPDGs under this announcement. Tribes must be federally-recognized, although “Treatment as a State” status is not required. As explained in Section I, there will be two separate applicant tracks with states, territories, and tribes in Track One: WPP or Track Two: Non-WPP, and local governments, interstate agencies, intertribal consortia, and colleges and universities that are agencies of a state government in Track Two: Non-WPP.

Please note:

• Intertribal consortia must meet the requirements of 40 CFR § 35.504 (a) and (c) (https://www.ecfr.gov/current/title-40/chapter-I/subchapter-B/part-35/subpart-B/subject-group- ECFR7560dab1b022383/section-35.504). This section states that an intertribal consortium is eligible to receive grants only if the consortium demonstrates that all members of the consortium meet the eligibility requirements for the grant and authorize the consortium to apply for and receive assistance. An intertribal consortium must submit to EPA adequate documentation of: (1) the existence of the partnership between Indian tribal governments, and (2) authorization of the consortium by all its members to apply for and receive the grant(s) for which the consortium has applied.

• Interstate agencies are defined in CWA Section 502(2) as “an agency of two or more states established by or pursuant to an agreement or compact approved by the Congress, or any other agency of two or more https://www.epa.gov/grants/epa-solicitation-clauses https://www.ecfr.gov/current/title-40/chapter-I/subchapter-B/part-35/subpart-B/subject-group-ECFR7560dab1b022383/section-35.504 https://www.ecfr.gov/current/title-40/chapter-I/subchapter-B/part-35/subpart-B/subject-group-ECFR7560dab1b022383/section-35.504 states, having substantial powers or duties pertaining to the control of pollution as determined and approved by the Administrator.” (Administrator refers to the head of EPA.)

• Colleges and universities must include documentation demonstrating that they are chartered as a part of a state government in their application. Documentation may include such things as: state constitution, college/university charter, legal opinion from the state or territorial Attorney General’s Office, or case law that has confirmed the university as a state agency. Colleges and universities that are not chartered as a part of a state government are not eligible to apply for assistance under this RFA. Please note: if the applicant has applied to previous competitive announcements, they will still need to submit eligibility documentation with their application.

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

B. COST SHARING/MATCH REQUIREMENTS

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

If the cost share/match is provided by a subawardee, the subawardee’s contribution must comply with 2 CFR §

200.306. Any indirect costs included in the subrecipients’ cost share contribution must be determined consistently with 2 CFR § 200.332(a)(4).