fy16-tribal-319-rfp11-30-15.pdf

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

Funding Opportunity Title: FY 201 6 Request for Proposals from Indian Tribes and Intertribal Consortia for Nonpoint Source Management Grants Under Clean Water Act (CWA) Section 319

Announcement Type: Request for Proposals (RFP)

Funding Opportunity Number: EPA-OW-OWOW-16-01

Catalog of Federal Domestic Assistance Number: 66.460

Dates:

• October 9, 2015: To be eligible for CWA section 319 grants under this RFP, tribes must have met the eligibility requirements described in Section III of this announcement as of October 9, 2015.

• December 31, 2015. Questions about this RFP must be submitted in writing via e-mail and must be received by the EPA Regional Contact identified in Section VII by December 31, 2015. Written responses will be posted on EPA’s website at:

http://www2.epa.gov/polluted-runoff-nonpoint-source-pollution/nonpoint-source-tribal-request-proposals

• January 15, 2016. Proposals must be submitted electronically to EPA through Grants.gov by 11:59 P.M. Eastern Standard Time (EST), 10:59 P.M. Central Standard Time, 9:59 P.M. Mountain Standard Time, 8:59 P.M. Pacific Standard Time, January 15, 2016. Late proposals will not be considered for funding.

Following EPA’s evaluation of proposals, all applicants will be notified regarding their status.

Final applications will be requested from those eligible entities whose proposal has been successfully evaluated and preliminarily recommended for award. Those entities will be provided with instructions and a due date for submittal of the final application package.

Note to Applicants:

If you name subawardees/sub-grantees and/or contractor(s) including individual consultants in your proposal as partners to assist you with the proposed project, pay careful attention to the information in the CONTRACTS AND SUBAWARDS provision found at http://www2.epa.gov/grants/epa-solicitation-clauses.

SUMMARY

EPA is soliciting proposals pursuant to Section 319 of the Clean Water Act (CWA) from eligible tribes and intertribal consortia to develop and/or implement watershed-based plans and on-the-ground projects that will result in significant steps towards solving Nonpoint Source (NPS) impairments on a watershed-wide basis. Eligible entities are strongly encouraged to submit proposals that develop and/or implement watershed-based plans designed to protect unimpaired waters and/or restore NPS-impaired waters. Eligible tribes and intertribal consortia may apply for competitive funding by submitting a proposal for up to a maximum budget of $100,000 of federal CWA section 319 funding (plus the additional required match of the total http://www2.epa.gov/polluted-runoff-nonpoint-source-pollution/nonpoint-source-tribal-request-proposals http://www2.epa.gov/polluted-runoff-nonpoint-source-pollution/nonpoint-source-tribal-request-proposals http://www2.epa.gov/grants/epa-solicitation-clauses project cost).

EPA anticipates awarding an estimated $2.5 million in federal funds, depending on

Agency funding levels, number of tribes requesting section 319 funding, the evaluation of proposals, and other applicable considerations, to eligible tribes and intertribal consortia which have approved NPS assessment and management programs and Treatment-in-a-manner-similar-to-a-State (TAS) status as of October 9, 2015.

TABLE OF CONTENTS

I. FUNDING OPPORTUNITY DESCRIPTION 3

A. Program Objectives 3 B. EPA’s Strategic Plan and Anticipated Environmental Results 5 C. Statutory Authority 7

II. AWARD INFORMATION 7

A. Amount of Funding 7 B. Type of Funding 7

III. ELIGIBILITY INFORMATION 8

A. Eligible Applicants 8 B. Cost Sharing or Matching Requirements 8 C. Example Cost Share Amounts and Adjustment to Cost Share 9

Under a Performance Partnership Grant (PPG) D. Threshold Evaluation Criteria 11 E. Funding Restrictions 13 F. Performance Partnership Grants 14

IV. APPLICATION AND SUBMISSION INFORMATION 15

A. Requirement to Submit Through Grants.gov and Limited Exception Procedures 15

B. Grants.gov Proposal Submission Instructions 15 C. Content of Proposal Package Submission 20 D. Submission Dates and Times 23 E. Additional Provisions For Applicants Incorporated

Into The Solicitation 25

V. APPLICATION REVIEW INFORMATION 25

A. Ranking Criteria 25 B. Review and Selection Process 30

VI. AWARD ADMINISTRATION INFORMATION 30

A. Award Notices 30 B. Administrative and National Policy Requirements 31

C. Reporting 33 D. Competition-Related Dispute Procedures 33 E. Additional Provisions For Applicants Incorporated

Into The Solicitation 33

VII. AGENCY CONTACTS: EPA HEADQUARTERS AND

REGIONAL TRIBAL NPS COORDINATORS 34

VIII. OTHER INFORMATION 35

A. Quality Assurance/Quality Control (QA/QC) 35 B. Data Sharing 36 C. Anticipated Deadlines and Milestones for FY 2015 36

Competitive Grants

Attachment A - Components of a Watershed-Based Plan Developed by a Tribe 36 Attachment B – Nonpoint Source Categories and Subcategories 38

I. FUNDING OPPORTUNITY DESCRIPTION

A. Program Objectives

This RFP is issued pursuant to section 319(h) of the CWA. Section 319 of the CWA authorizes EPA to award grants to eligible tribes and intertribal consortia to implement approved NPS management programs developed pursuant to section 319(b). The primary goal of a NPS management program is to control NPS pollution through implementation of management measures and practices. These management practices should be directed at reducing polluted runoff from subcategories of NPSs identified in the tribe’s NPS assessment report developed pursuant to section 319(a).

After allocations for base grant work plans are made, EPA will allocate the remaining section 319 funds to eligible entities to develop and/or implement watershed-based plans and implement on-the-ground projects that will result in significant steps towards solving NPS impairments on a watershed-wide basis under the competitive procedures in this RFP. Though proposals are not required to include development and/or implementation of a watershed-based plan in order to be considered for funding, eligible entities are strongly encouraged to submit proposals that develop and/or implement watershed-based plans designed to protect unimpaired waters and restore NPS-impaired waters.

EPA believes that watershed-based plans provide the best means for preventing and resolving NPS problems and threats. Watershed-based plans provide a coordinating framework for solving water quality problems by providing a specific geographic focus, integrating strong partnerships, and sound science and data, resulting in coordinated priority setting which will find the best solutions. For an example of a tribal watershed-based plan, please refer to:

http://www2.epa.gov/polluted-runoff-nonpoint-source-pollution/nonpoint-source-tribal-resources-and-training#watershed

Attachment A of this RFP describes the necessary elements of a watershed-based plan developed by a tribe with other stakeholders. The nine elements closely align with the nine elements outlined in the NPS grants guidelines for states (see Nonpoint Source Program and Grants Guidelines for States and Territories, available at http://www2.epa.gov/polluted-runoff-nonpoint-source-pollution/319-grant-current-guidance. One significant difference from the state guidelines is that a watershed-based plan for tribes provides for the integration of “water quality-based goals” (see component (c) in Attachment A), whereas the state guidelines call for specific estimates of load reductions that are expected to be achieved by implementing the plan. EPA has incorporated this flexibility for tribes in recognition that not all tribes have developed water quality standards and many tribes may need additional time and/or technical assistance in order to develop estimates of the NPS pollutant load reductions or other quantified benefits. Where such information exists, or is developed later, EPA expects tribes to incorporate load reductions into the watershed-based plan as appropriate.

Watershed projects are those projects which do not necessarily contain all of the nine components of a watershed-based plan as described in Attachment A, but which contain many aspects of the watershed-based planning framework. Proposals to implement watershed projects should demonstrate that some type of watershed planning process was followed and that its implementation will contribute to improving water quality conditions on a watershed scale .

EPA recognizes that not all tribes will be operating in freshwater environments. Many reservations are located along estuarine and coastal waters where the literal use of the term “watershed” may not apply. The term “watershed” will be used in this RFP; however, the term is intended to encompass comparable estuarine and coastal nearshore systems as well. For tribes proposing projects or planning in or along estuarine or coastal waters, a system based approach to the evaluation, planning, and implementation of the project is recommended. The definition of the bounds of that system may differ depending upon the proposed project. Proposals should clearly explain how the project is being approached from an estuarine or coastal ecosystems perspective.

Increasingly tribal nonpoint source program managers are considering future threats of climate change in addition to current sources of pollution when managing their resources, watersheds, and watershed processes. For example, increasing stream buffer width to take into account potential impacts of more frequent or intense storms on water flow, erosion and runoff. For additional information and ideas on how to incorporate the impacts of climate change in your nonpoint source program and consider climate change adaptations into your proposal see EPA’s Climate Page at http://www.epa.gov/climatechange/ and pages I-82 and I-83 in the Handbook for Developing and Managing Tribal Nonpoint Source Pollution Programs Under Section 319 of the Clean Water Act at http://www2.epa.gov/polluted-runoff-nonpoint-source-pollution/nonpoint-source-tribal-resources-and-training#Handbook http://www2.epa.gov/polluted-runoff-nonpoint-source-pollution/nonpoint-source-tribal-resources-and-training%23watershed http://www2.epa.gov/polluted-runoff-nonpoint-source-pollution/nonpoint-source-tribal-resources-and-training%23watershed http://www2.epa.gov/polluted-runoff-nonpoint-source-pollution/319-grant-current-guidance http://www2.epa.gov/polluted-runoff-nonpoint-source-pollution/319-grant-current-guidance http://www.epa.gov/climatechange/ http://www2.epa.gov/polluted-runoff-nonpoint-source-pollution/nonpoint-source-tribal-resources-and-training%23Handbook http://www2.epa.gov/polluted-runoff-nonpoint-source-pollution/nonpoint-source-tribal-resources-and-training%23Handbook

Applicants should include in their proposal a description of how the project fits into the watershed context. A description of the watershed context could include, for example, but is not limited to the following: why the project is the best to implement in the watershed at this time, based on its location, timing, sequencing, past planning, or other factors, and/or if the project is part of an existing watershed-based plan. The funding available through this RFP is focused on proposed work plans that describe actual on-the-ground implementation of watershed projects, as opposed to non-structural activities or assessment type work (e.g., monitoring).

Although some assessment work is often performed before best management practices (BMPs) or environmental ordinances are established or implemented (e.g., to gather baseline monitoring data and post-BMP implementation monitoring), the ranking criteria in Section V of this RFP have been designed to evaluate an applicant’s proposed work plan based on on-the-ground implementation projects. Therefore, if a proposal includes non-structural activities, the applicant should include on-the-ground activities as part of the proposal. Examples of eligible activities to be funded under this RFP include, but are not limited to the following:

On-the-ground eligible activities o Road stabilization/removal;

o Riparian planting;

o Stream channel reconstruction;

o Low impact development projects/storm water management;

o Livestock exclusion fencing;

o Springs protection; and o Septic system rehabilitation.

Non-structural eligible activities o NPS ordinance development;

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

o Development of a watershed-based plan;

o Training which assists the applicant in developing NPS implementation projects;

o Staff time and materials towards implementing projects; and o NPS education and outreach relevant to successful implementation of NPS projects.

Activities downstream of reservation waters may be eligible for funding if they are consistent with the applicant’s nonpoint source assessment report and management program. The proposal must clearly demonstrate the impacts of the downstream project on tribal land and waters.

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

control of invasive species related to NPS water quality improvement in tribal waterbodies, restoring a headcutting stream to prevent it from reaching tribal waters, and salmon habitat restoration projects that promote salmon migration up into tribal waters. Questions about eligibility of downstream projects should be raised to EPA before submitting a proposal. See Section VII for information on how to submit questions.

B. EPA’s Strategic Plan and Anticipated Environmental Results

Proposals selected for funding under this RFP will support EPA’s Strategic Plan, available at http://www2.epa.gov/planandbudget/strategicplan. All assistance agreements awarded under this announcement will support Goal 2: Protecting America’s Waters, Objective 2.2:

Protect and Restore Watersheds and Aquatic Ecosystems of EPA’s Strategic Plan for FY 2014 - 2018. Consistent with EPA Order 5700.7, Environmental Results under EPA Assistance Agreements (See http://www2.epa.gov/sites/production/files/2015-03/documents/epa_order_5700_7a1.pdf ), it is anticipated that assistance agreements awarded under this RFP will accomplish various environmental outputs and outcomes described below. All proposals must discuss how proposed projects address the Strategic Plan priorities 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 protection and improvement of water quality.

Environmental results are a way to gauge a project’s performance and are described in terms of outputs and outcomes. Environmental outputs (or deliverables) refer to an environmental activity, effort, and/or associated work product related to an environmental goal or objective that will be produced or provided over a period of time or by a specified date.

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

Examples of environmental outputs anticipated as a result of the assistance agreements awarded under this RFP may include but are not limited to:

o Development of a watershed-based plan (as a component of a larger implementation plan);

o Acres of riparian area restored;

o Miles of fenceline installed;

o Feet of streambank planted;

o Number of large woody debris placed;

o Number of septic systems rehabilitated;

o Number of springs protected;

o Number of stream meanders restored; and o Percent reduction in road density.

Environmental outcomes are 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 environmental, behavioral, health-related or programmatic in nature, must be quantitative, and may not necessarily be achieved within an assistance agreement funding period. Outcomes may be short-term (changes in learning, knowledge, attitude, skills), intermediate (changes in behavior, practice, or decisions), or long-term (changes in condition of the natural resource). Examples of environmental outcomes anticipated as a result of the assistance agreements to be awarded under this RFP may include but are not limited to:

http://www2.epa.gov/planandbudget/strategicplan http://www2.epa.gov/sites/production/files/2015-03/documents/epa_order_5700_7a1.pdf o An increased number of NPS-impaired waterbodies that have been partially or fully restored to meet water quality standards or other water quality-based goals established by the tribes;

o An increased number of waterbodies that have been protected from NPS pollution;

o Increased abundance and diversity of fish or macroinvertebrate species;

o Increased NPS knowledge of community members; and o Increased knowledge of trained staff in the 319 program.

In the proposal work plan, an applicant is required to describe how the project results will link the outcomes to the Agency’s Strategic Plan. Additional information regarding EPA’s discussion of environmental results in terms of “outputs” and “outcomes” can be found at:

C. Statutory Authority The statutory authority for the assistance agreements to be awarded under this RFP is Sections 319(h) and 518 of the CWA. The primary goal of a NPS management program is to control NPS pollution through implementation of management measures and practices to reduce pollutant loadings resulting from each category or subcategory of NPSs identified in the tribe’s NPS assessment report developed pursuant to section 319(a).

II. AWARD INFORMATION

A. Amount of Funding

The total amount of federal funding expected to be available under this announcement is approximately $2.5 million, depending on Agency funding levels, the number of tribes requesting section 319 base funding for FY 2016, and other applicable considerations. This funding equates to approximately 25 competitively funded grants. In FY 2015, EPA awarded approximately $2.7 million to 29 tribes for specific watershed projects through a competitive process. Eligible tribes and intertribal consortia may submit a proposal for up to a maximum of $100,000 of federal section 319 funding (plus the additional required match of the total project cost). See Section III.B for information on match requirements.

EPA reserves the right to reject all proposals and make no awards as a result of this announcement, or to 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 original selections are made. Any additional selections for awards will be made no later than six months after the original selection decisions.

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

B. Type of Funding It is anticipated that grants and/or cooperative agreements may be funded under this announcement. When cooperative agreements are awarded, EPA will have substantial involvement with the project work plan and budget. Although EPA will negotiate precise terms and conditions relating to substantial involvement as part of the award process, the anticipated substantial federal involvement for the project selected and funded as a cooperative agreement may include:

1. Close monitoring of the recipient’s performance to verify the results proposed by the applicant;

2. Collaboration during the performance of the scope of work;

3. In accordance with 40 CFR 31.36(g) and 40 CFR 30.43(e), review of proposed procurements;

4. Review of qualifications of key personnel (EPA does not have authority to select employees or contractors employed by the recipient); and

5. Review and comment on tasks/deliverables and reports/publications prepared under the cooperative agreement (the final decision on the content of the reports rests with the recipient).

III. ELIGIBILITY INFORMATION

A. Eligible Applicants To be eligible for a section 319 grant under this RFP, a tribe or intertribal consortium must: (1) be federally recognized; (2) have an EPA-approved NPS assessment report in accordance with CWA section 319(a); (3) have an EPA-approved NPS management program in accordance with CWA section 319(b); and (4) have “treatment-in-a-manner-similar-to-a-state” (TAS) status in accordance with CWA section 518(e). To be eligible for CWA section 319 grants under this RFP, tribes or intertribal consortium must have met these eligibility requirements as of October 9, 2015. For a complete list of tribes eligible for section 319 FY 2016 funding, refer to the document titled, “List of Tribes Eligible for 319 Base and Competitive Funding for FY 2016” (http://www2.epa.gov/polluted-runoff-nonpoint-source-pollution/nonpoint-source-tribal-request-proposals-documents).

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

The intertribal consortium is eligible only if the consortium demonstrates that all of its members have met the eligibility requirements listed above for the section 319 program by http://www2.epa.gov/polluted-runoff-nonpoint-source-pollution/nonpoint-source-tribal-request-proposals-documents http://www2.epa.gov/polluted-runoff-nonpoint-source-pollution/nonpoint-source-tribal-request-proposals-documents

October 9, 2015, and member tribes authorize the consortium to apply for and receive assistance in accordance with 40 CFR 35.504 at the time of proposal submission. An intertribal consortium must submit with its proposal adequate documentation of the existence of the partnership and the authorization of the consortium by its members to apply for and receive the grant. (See 40 CFR 35.504.)

B. Cost Sharing or Matching Requirements

Section 319(h)(3) of the CWA requires a non-federal cost share/match of 40 percent of the total project cost, and the cost share/match must be provided from non-federal sources. In order to receive an award, applicants must demonstrate how they will meet the applicable match requirements by the time of award. As identified in 40 CFR 31.24, the cost share/match requirement can be satisfied by any of the following: (1) allowable costs incurred by the grantee, subgrantee, or a cost-type contractor, including those allowable costs borne by non-federal grants; (2) by cash donations from non-federal third parties; or (3) by the value of third party in-kind contributions. Examples of match calculations are provided in Table 1 on page 11 of the

RFP.

Applicants should be aware that certain funds originating from the Bureau of Indian Affairs (specifically, funds provided under funding agreements, contracts, or grant agreements entered into pursuant to 25 USC Chapter 15, Subchapter II) may be used as match for CWA section 319 funds. Pursuant to 25 USC 458cc(j), these funds are treated as non-federal funds for purposes of meeting match requirements.

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

C. Example Cost Share Amounts and how to Adjust Tribal Cost Share Under a Performance Partnership Grant (PPG)

Performance Partnership Grants (PPGs) enable tribes to combine funds from more than one environmental program grant into a single grant award. If a tribe or intertribal consortium includes the funds for a grant awarded under this solicitation in an approved Performance Partnership Grant (PPG), the cost share/match requirement, unless waived as described below, that applies to those funds shall be five percent or less (see 40 CFR 35.536 (b)) of the allowable cost of the work-plan budget for those grant funds during the first two years in which the tribe or intertribal consortium receives the PPG. After two years, the cost share/match requirement may be increased up to a maximum of 10 percent of the work-plan budget for those funds (as determined by the Regional Administrator). See Section on Performance Partnership Grants below for additional information. If the applicant’s PPG is older than two years at the time of award of the competitive grant funds under this solicitation, the applicant should contact the EPA person identified in Section VII of this solicitation or the project officer for the PPG. The Agency will then make a preliminary determination as to the percent of cost share/match required from the applicant for the grant funds awarded under this solicitation (see the regulations at 40 CFR Part 35.536(c)) so that the applicant can include that cost share/match requirement in its application.

If the Tribe or intertribal consortium is interested in obtaining a cost share waiver for the funds to be awarded under this solicitation, they must submit a cost share waiver request as part of their proposal submission-such request is not subject to any page limitations specified for the proposal in Section IV of this solicitation. The cost share/match requirement may be waived entirely by the Regional Administrator if, based on an objective assessment of socioeconomic indicators, the Regional Administrator determines that meeting the cost share would impose an undue hardship.

Applicants should indicate in their proposal submission if they anticipate incorporating the proposed project, if selected for funding, into an already existing PPG or if they intend to create a new PPG that would include the project proposed under this solicitation.

Where the applicant’s stated purpose is to include a grant awarded under this solicitation in a PPG, the applicant should prepare a budget and proposed work-plan based upon the assumption that the EPA will approve the adjusted cost share for the grant funds or a waived cost share as authorized for PPGs under 40 CFR 35.536. If the applicant ultimately does not or cannot include a grant awarded under this solicitation as part of an approved PPG, or subsequently chooses to withdraw the competitively awarded grant from their PPG, the tribe or intertribal consortium must then meet the applicable cost share/match requirements identified above in Section III and negotiate a new work-plan and budget with the EPA project officer based on the same total project cost and work initially proposed. Since the new budget will be based upon the initially proposed total project cost and the applicable cost share/match requirement will be increased, the federal award amount will be reduced accordingly. The purpose of this is to ensure that all work-plan activities for a competitively awarded project will be performed as initially proposed and in accordance with the adjusted budget reflecting the applicable cost share/match requirement and federal award amount.

The following table demonstrates a 40% (section 319 required cost share/match), 10% (if undue hardship is demonstrated), or 5% (if work plan combined in a PPG) cost share/match on a section 319 maximum federal request of $100,000. Applicants may request less than $100,000 of federal funding. If applicants have additional questions regarding cost share/match calculations, please contact the EPA Regional Contact identified in Section VII.

Table 1. Example Match Calculation

Federal Share Non-Federal Match

Federal Share Non-Federal Match

Total Project Cost

$100,000 40% 60% $66,667 $166,667

$100,000 10% 90% $11,111 $111,111

$100,000 5% 95% $5,263 $105,263

Example Calculation:

a. If you know the total project costs:

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

(2) The total is your cost share/ match amount.

For example:

If your total project cost = $166,667 and you need 40% cost share/match, then $166,667 x .40 = $66,667 (Cost Share/Match).

OR

b. If you know the total federal funds requested (i.e., $100,000 for this RFP):

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

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

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

For example:

(1) If the federal funds requested = $100,000; and the recipient cost share/match is 10%, then the federal share = 90% or .90. $100,000 divided by .90 = $111,111 (total project cost) then,

(2) $111,111 - $100,000 = $11,111

(3) The non-federal cost share/match = $11,111

D. Threshold Evaluation Criteria

In addition to applicant eligibility (discussed above in sections III.A, B and C), all of the following threshold evaluation criteria must be met by the time of proposal submission in order for a tribe’s or intertribal consortium’s proposal to be evaluated under the ranking criteria in section V and be considered for award. Only proposals that meet all of these criteria will be evaluated against the ranking criteria in section V of the announcement. Applicants deemed ineligible for funding consideration as a result of the threshold eligibility review will be notified by the EPA Regional Contact in section VII within 15 calendar days of the ineligibility determination.

1. An individual tribe (or intertribal consortium) may not submit more than one proposal under this RFP. If more than one proposal is submitted, the EPA Regional Contact will contact the applicant to determine which proposals to withdraw. Individual tribes who are part of an intertribal consortium that submits a proposal for a section 319 competitive grant may not also submit an individual section 319 competitive proposal. In such cases the individual proposal will be considered ineligible.

2. An individual tribe (or intertribal consortium) may submit a proposal requesting up to a maximum of $100,000 of federal CWA section 319 funding. If an applicant submits a proposal that requests more than $100,000 of federal CWA section 319 funding, it will be rejected from further consideration.

3. All proposals must include activities that are related to waters within a reservation or they will be rejected. CWA section 319 grants may be awarded to tribes for use outside the reservation only if they fund activities that are related to waters within a reservation, such as those relating to sources upstream of a waterway entering the reservation.

i. Activities That Are Related to Waters Within a Reservation Section 518(e) of the CWA provides that EPA may treat an Indian tribe in a manner similar to a state for purposes of section 319 of the CWA if, among other things, "the functions to be exercised by the Indian Tribe pertain to the management and protection of water resources which are within the borders of an Indian reservation” (see 33 USC 1377(e)(2)). EPA already awards grants to tribes under section 106 of the CWA for activities performed outside of a reservation (on condition that the tribe obtains any necessary access agreements and coordinates with the state, as appropriate) that pertain to reservation waters, such as evaluating impacts of upstream waters on water resources within a reservation.

Similarly, EPA has awarded section 106 grants to states to conduct monitoring outside of state borders. EPA has concluded that grants awarded to an Indian tribe pursuant to section 319 may similarly be used to perform eligible section 319 activities outside of a reservation if: (1) the activity pertains to the management and protection of waters within a reservation; and (2) just as for on-reservation activities, the tribe meets all other applicable requirements.

ii. Activities That Are Unrelated to Waters of a Reservation

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

4. All proposal work plans, as described in Section IV, must address one of the following four factors:

i. The work plan develops a watershed-based plan and implements the watershed-based plan, or components of the watershed-based plan;

ii. The work plan develops a watershed-based plan and implements a watershed project (that does not implement the watershed-based plan) that is a significant step towards solving NPS impairments or threats on a watershed-wide basis;

iii. The work plan implements a watershed-based plan; or

iv. The work plan implements a watershed project that is a significant step towards solving NPS impairments or threats on a watershed-wide basis.

5. Proposals must substantially comply with the proposal submission instructions and requirements set forth in Section IV.B. of this announcement or else they will be rejected.

Where a page limit is expressed in Section IV.B.2 with respect to the proposal work plan pages in excess of the page limitation will not be reviewed. Section IV.B.2 establishes a 15-page, single-spaced proposal work plan page limit that includes the cover page.

Supporting materials are not included within the page limit for the proposal work plan.

6. Proposals must be submitted through Grants.gov as specified in Section IV of this announcement (except in the limited circumstances where another mode of submission is specifically allowed for as explained in Section IV).

7. Proposals received after the submission deadline will be considered late and deemed ineligible without further consideration unless the applicant can clearly demonstrate that it was late due to EPA mishandling or because of technical problems associated with Grants.gov. An applicant’s failure to timely submit their proposal through Grants.gov because they did not timely or properly register in SAM.gov or Grants.gov will not be considered an acceptable reason to consider a late submission. Applicants should confirm receipt of their proposal with Howard Kahan at kahan.howard@epa.gov or at tribal319grants@epa.gov as soon as possible after the submission deadline—failure to do so may result in your proposal not being reviewed.

8. If a proposal is submitted that includes any ineligible tasks or activities, that portion of the proposal will be ineligible for funding and may, depending on the extent to which it affects the proposal, render the entire proposal ineligible for funding.

E. Funding Restrictions

All costs incurred under this program must be allowable under 2 CFR 200, Subpart E, which can be found at http://www.ecfr.gov/cgi-bin/text-idx?node=2:1.1.2.2.1 In accordance with mailto:kahan.howard@epa.gov mailto:tribal319grants@epa.gov http://www.ecfr.gov/cgi-bin/text-idx?node=2:1.1.2.2.1 applicable law, regulation, and policy, any recipient of funding must agree to comply with restrictions on using assistance funds for unauthorized lobbying, fund-raising, or political activities (i.e., lobbying members of Congress or lobbying for other federal grants, cooperative agreements, or contracts). Funds generally cannot be used to pay for travel by federal agency staff. Proposed project activities must also comply with all state and federal regulations applicable to the project area. The applicant must also review the solicitation for any other programmatic funding restrictions applicable to this program. If awarded funding, the recipient must refer to the terms and conditions of its award for other funding restrictions applicable to its award. It is the responsibility of the recipient to ensure compliance with these requirements. The use of competitive funding for the development of a watershed-based plan shall be limited to 20 percent of the federal portion of the competitive grant (i.e., up to $20,000 of a $100,000 federal grant request) to assure that these competitive funds are primarily focused on implementation activities. In addition, if a tribe submits a work plan to develop a watershed-based plan, it must be submitted as a component of the overall work plan for implementing a watershed project (i.e., a tribe will not receive competitive funding only for the development of a watershed-based plan).

Pursuant to CWA section 319(h)(12), administrative costs in the form of salaries, overhead, or indirect costs for services provided and charged against activities and programs carried out with the grant shall not exceed 10 percent of the grant award (federal share and tribal cost share or match). The costs of implementing enforcement and regulatory activities, education, training, technical assistance, demonstration projects, and technology transfer are not subject to this limitation. For example, staff time implementing a stream restoration project is exempt from the 10% cap on administrative costs. Developing a watershed-based plan is also exempt from the 10% cap on administrative costs.

Please note that a tribe’s indirect cost rate set by Department of Interior is independent of the 10% administrative costs mentioned in CWA section 319(h)(12). If a tribe chooses to include indirect costs in its budget, the indirect cost rate set by the Department of Interior would be the rate that the tribe would start with. However, some of the costs that are covered in the indirect cost rate may be administrative and subject to the 10% administrative cap. If they are subject to the administrative cap and are more than 10%, the tribe would need to limit the indirect costs included in the budget. The 10% administrative cap is intended to limit overall funds for any administrative costs whether they are direct or indirect costs.

Pursuant to CWA section 319(h)(7), tribes or intertribal consortia may use funds for financial assistance to persons only to the extent that such assistance is related to the cost of demonstration projects. In general, CWA section 319 funding should not be used for general assessment activities (e.g., monitoring the general status of reservation waters, which may be supported with CWA section 106 funding). CWA section 319 funding may not be used to fund any activities required by a National Pollutant Discharge Elimination System permit. This includes monitoring and other activities associated with the storm water permitting program.

However, tribes may use CWA section 319 funding to support nonpoint source project-specific water quality monitoring (i.e., baseline monitoring and post-BMP implementation monitoring), data management, data analysis, and the development of watershed-based plans. Section 319 does not, by statute, provide access for tribes to sample lands or waters not within their jurisdiction. If monitoring is to occur off tribal lands in waterbodies that affect the waters of the reservation, permission must be sought from the land owner(s) prior to applying for funding.

To receive funds under section 319 in any fiscal year, a tribe or each member of an intertribal consortium must agree that the tribe or each member of the intertribal consortium will maintain its aggregate expenditures from all other sources for programs for controlling nonpoint source pollution and improving the quality of the tribe's or the intertribal consortium's members' waters at or above the average level of such expenditures in Fiscal Years 1985 and 1986 (see 40

CFR 35.636).

F. Performance Partnership Grants (PPG)

Funds for a grant awarded under this solicitation may be included in a PPG. Applicants should indicate in their proposal submission if they anticipate incorporating the proposed project, if selected for funding, into an already existing PPG or if they intend to create a new PPG that would include the project proposed under this solicitation. The PPG should be in place before the time of grant award or created concurrently with the award of the grant funds. The proposed project under this grant announcement must have a project period that is within the PPG project period. It cannot be longer than the PPG project period. A PPG enables entities to combine funds from more than one environmental program grant into a single grant with a single budget. Under this competition, state and interstate agency proposals must first be selected under the competitive grant process described in this announcement and, in accordance with 40 CFR 35.138, the work-plan commitments that would have been included in the work-plan must be included in the PPG work-plan. After the funds have been included in the PPG, the recipient does not need to account for these funds in accordance with the funds’ original program source.

Similarly, tribal and intertribal consortia proposals must first be selected under this competitive grant process in accordance with 40 CFR 35.535. If a proposed PPG work-plan differs significantly from the work-plan approved for funding under this competition, the Regional Administrator must consult the National Program Office (see 40 CFR 35.535). The purpose of this consultation requirement is to address the issue of ensuring that a project which is awarded funding under this competition is implemented as proposed once combined with other grant programs in a PPG. For further information, see the final rules on Environmental Program Grants for state and interstate agencies at 40 CFR Part 35, Subpart A and tribes and intertribal consortia at 40 CFR Part 35, Subpart B. The rules are also available on the EPA’s website at:

http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&rgn=div6&view=text&node=40:1.0.1.2.32.1&idno=40 (state) and http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&SID=36b93a1b033dd72618e9867c2032b53b&rgn=div6&view=text&node=40:1.0.1.2.32.2&idno=40 (tribal). Local governments are not eligible for PPGs.

IV. APPLICATION AND SUBMISSION INFORMATION

A. Requirement to Submit Through Grants.gov and Limited Exception Procedures

Applicants, except as noted below, must apply electronically through Grants.gov under http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&rgn=div6&view=text&node=40:1.0.1.2.32.1&idno=40 http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&SID=36b93a1b033dd72618e9867c2032b53b&rgn=div6&view=text&node=40:1.0.1.2.32.2&idno=40 http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&SID=36b93a1b033dd72618e9867c2032b53b&rgn=div6&view=text&node=40:1.0.1.2.32.2&idno=40 this funding opportunity based on the grants.gov instructions in this announcement. If an applicant does not have the technical capability to apply electronically through Grants.gov because of limited or no internet access which prevents them from being able to upload the required application materials to Grants.gov, the applicant must contact OGDWaivers@epa.gov or the address listed below in writing (e.g., by hard copy, email) at least 15 calendar days prior to the submission deadline under this announcement to request approval to submit their application materials through an alternate method.

Mailing Address:

OGD Waivers c/o Barbara Perkins USEPA Headquarters William Jefferson Clinton Building 1200 Pennsylvania Ave., N. W.

Mail Code: 3903R Washington, DC 20460

Courier Address:

OGD Waivers C/o Barbara Perkins Ronald Reagan Building 1300 Pennsylvania Ave., N.W.

Rm # 51267 Washington, DC 20004

In the request, the applicant must include the following information:

• Funding Opportunity Number (FON)

• Organization Name and DUNS

• Organization’s Contact Information (email address and phone number)

• Explanation of how they lack the technical capability to apply electronically through

Grants.gov because of 1) limited internet access or 2) no internet access which prevents them from being able to upload the required application materials through www.Grants.gov.

EPA will only consider alternate submission exception requests based on the two reasons stated above and will timely respond to the request -- all other requests will be denied. If an alternate submission method is approved, the applicant will receive documentation of this approval and further instructions on how to apply under this announcement. Applicants will be required to submit the documentation of approval with any initial application submitted under the alternative method. In addition, any submittal through an alternative method must comply with all applicable requirements and deadlines in the announcement including the submission deadline and requirements regarding proposal content and page limits (although the documentation of approval of an alternate submission method will not count against any page limits).

If an exception is granted, it is valid for submissions to EPA for the remainder of the entire calendar year in which the exception was approved and can be used to justify alternative submission methods for application submissions made through December 31 of the calendar year in which the exception was approved (e.g., if the exception was approved on March 1, 2015, it is valid for any competitive or non-competitive application submission to EPA through December 31, 2015). Applicants need only request an exception once in a calendar year and all exceptions will expire on December 31 of that calendar year. Applicants must request a new exception from required electronic submission through Grants.gov for submissions for any succeeding calendar year. For example, if there is a competitive opportunity issued on December 1, 2015 with a submission deadline of January 15, 2016, the applicant would need a new exception to submit through alternative methods beginning January 1, 2016.

Please note that the process described in this section is only for requesting alternate submission methods. All other inquiries about this announcement must be directed to the Agency Contact listed in Section VII of the announcement. Queries or requests submitted to the email address identified above for any reason other than to request an alternate submission method will not be acknowledged or answered.

B. Grants.gov Proposal Submission Instructions

The electronic submission of your proposal must be made by an official representative of your institution who is registered with Grants.gov and is authorized to sign applications for federal assistance. For more information on the registration requirements that must be completed in order to submit a proposal through grants.gov, go to http://www.grants.gov and click on “Applicants” on the top of the page and then go to the “Get Registered” link on the page. If your organization is not currently registered with Grants.gov, please encourage your office to designate an Authorized Organization Representative (AOR) and ask that individual to begin the registration process as soon as possible. Please note that the registration process also requires that your organization have a DUNS number and a current registration with the System for Award Management (SAM) and the process of obtaining both could take a month or more.

Applicants must ensure that all registration requirements are met in order to apply for this opportunity through grants.gov and should ensure that all such requirements have been met well in advance of the submission deadline. Registration on grants.gov, SAM.gov, and DUNS number assignment is FREE.

Applicants need to ensure that the AOR who submits the application through Grants.gov and whose DUNS number is listed on the application is an AOR for the applicant listed on the application. Additionally, the DUNS number listed on the application must be registered to the applicant organization’s SAM account. If not, the application may be deemed ineligible.

To begin the application process under this grant announcement, go to Grants.gov and click on “Applicants” on the top of the page and then “Apply for Grants” from the dropdown menu and then follow the instructions accordingly. Please note: To apply through grants.gov, you must use Adobe Reader software and download the compatible Adobe Reader version. For http://www.grants.gov/ more information about Adobe Reader, to verify compatibility, or to download the free software, please visit Adobe Reader Compatibility Information on Grants.gov

You may also be able to access the application package for this announcement by searching for the opportunity on http://www.grants.gov. Go to http://www.grants.gov and then click on “Search Grants” at the top of the page and enter the Funding Opportunity Number, EPA-OW- OWOW-16-01,…