FY2018 Tribal 319 competitive RFP_final.pdf

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

Funding Opportunity Title: FY 2018 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-18-01

Catalog of Federal Domestic Assistance Number: 66.460

Dates:

• October 13, 2017: 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 13, 2017.

• April 20, 2018: Questions about this RFP must be submitted in writing via e-mail and must be received by the EPA Headquarters Contact identified in Section VII by April 20, 2018. Written responses will be posted on EPA’s website at:

https://www.epa.gov/nps/nonpoint-source-tribal-current-grant-information. EPA strongly recommends interested applicants refer to the FAQs webpage (https://www.epa.gov/nps/nonpoint-source-tribal-current-grant-information) prior to submitting a question.

• May 2, 2018: Proposals must be submitted electronically to EPA through Grants.gov by 11:59 P.M. Eastern Daylight Time (EDT), 10:59 P.M. Central Daylight Time (CDT), 9:59 P.M. Mountain Daylight Time (MDT), or 8:59 P.M. Pacific Daylight Time (PDT), May 2, 2018 in order to be considered for funding. 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 https://www.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 implement watershed 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 restore NPS-impaired waters and protect waters from NPS pollution. Eligible tribes and intertribal https://www.epa.gov/nps/nonpoint-source-tribal-current-grant-information https://www.epa.gov/nps/nonpoint-source-tribal-current-grant-information https://www.epa.gov/grants/epa-solicitation-clauses 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 non-federal cost share/match of the total project cost).

EPA anticipates awarding an estimated $2.5 million in federal funds, depending on Agency funding levels, the number of tribes requesting section 319 funding, the evaluation of proposals, and other applicable considerations, to eligible tribes and intertribal consortia with approved NPS assessment and management programs and Treatment-in-a-manner-similar-to-a-State (TAS) status as of October 13, 2017.

TABLE OF CONTENTS

I. FUNDING OPPORTUNITY DESCRIPTION

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

II. AWARD INFORMATION

A. Amount of Funding B. Type of Funding

III. ELIGIBILITY INFORMATION

A. Eligible Applicants B. Cost Sharing or Matching Requirements C. Example Cost Share Amounts and how to Adjust Tribal Cost Share Under a Performance Partnership Grant

(PPG)

D. Threshold Evaluation Criteria E. Funding Restrictions F. Performance Partnership Grants (PPG)

IV. APPLICATION AND SUBMISSION INFORMATION

A. Requirement to Submit Through Grants.gov and Limited Exception Procedures B. Grants.gov Proposal Submission Instructions C. Content of Proposal Package Submission D. Submission Dates and Times E. Additional Provisions For Applicants Incorporated Into The Solicitation F. Communications with Applicants G. Information Sessions

V. APPLICATION REVIEW INFORMATION

A. Ranking Criteria B. Review and Selection Process C. Additional Provisions For Applicants Incorporated Into the Solicitation

VI. AWARD ADMINISTRATION INFORMATION

A. Award Notices B. Additional Provisions For Applicants Incorporated Into The Solicitation C. Administrative and National Policy Requirements D. Reporting E. Disputes

VII. AGENCY CONTACTS: EPA HEADQUARTERS AND REGIONAL TRIBAL NPS COORDINATORS 35

VIII. OTHER INFORMATION

A. Quality Assurance/Quality Control (QA/QC) B. Data Sharing

Appendix A – Nine Elements of a Watershed-Based Plan Developed by a Tribe Appendix B – Nonpoint Source Categories and Subcategories

I. FUNDING OPPORTUNITY DESCRIPTION

A. Program Objectives This RFP is issued pursuant to section 319(h) of the CWA, which 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 activities should be directed at preventing or reducing polluted runoff from subcategories of NPSs identified in the tribe’s NPS assessment report developed pursuant to section 319(a).

After allocating section 319 tribal funds for tribal base grant work plans, EPA allocates the remaining section 319 tribal funds to eligible entities according to the competitive procedures in this RFP. This competitive funding will support tribal efforts to develop and/or implement watershed-based plans and implement watershed projects that will result in significant steps towards solving NPS pollution problems on a watershed-wide basis.

Watershed Approach: In general, EPA believes that efforts to manage NPS pollution can be most effective when approached at the watershed scale. Approaching NPS problems at the watershed scale includes comprehensive analysis of the causes and sources of pollution and identifying critical areas (i.e., those that generate the most pollution) in which to prioritize NPS management efforts. Experience indicates that watershed-based plans containing the nine elements identified in EPA’s Handbook for Developing and Managing Tribal Nonpoint Source Pollution Programs Under Section 319 of the Clean Water Act and in Appendix A of this announcement, provide an effective, integrated approach to address the diverse realities and needs of each watershed. Watershed-based plans provide a coordinating framework to organize efforts to identify, prioritize, and then implement activities to address water quality problems. For an example of a tribal nine element watershed-based plan, please refer to: https://www.epa.gov/nps/nonpoint-source-tribal-resources-and-training.

https://www.epa.gov/sites/production/files/2015-09/documents/2010_02_19_nps_tribal_pdf_tribal_handbook2010.pdf https://www.epa.gov/sites/production/files/2015-09/documents/2010_02_19_nps_tribal_pdf_tribal_handbook2010.pdf https://www.epa.gov/nps/nonpoint-source-tribal-resources-and-training

Although proposals are not required to include development and/or implementation of a nine element watershed-based plan in order to be considered for funding, eligible entities are strongly encouraged to submit proposals that develop and/or implement nine element watershed-based plans designed to protect waters from NPS pollution and restore NPS-impaired waters. These are watershed-based plan implementation projects. Watershed-based plans, as defined by EPA’s Nonpoint Source Program and this RFP, are plans containing the nine elements listed in Appendix A of this RFP. For applicants proposing to implement a nine element watershed-based plan, you should indicate the following: (1) whether the plan includes the nine elements as defined by EPA, (2) whether the watershed-based plan has been reviewed by EPA, and (3) whether the plan is in final or draft form.

Watershed projects, on the other hand, are those projects guided by a plan that does not necessarily contain all nine elements of a watershed-based plan as described in Appendix A, but which contains 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 the project’s implementation will contribute to achieving water quality goals on a watershed scale.

In all proposals, applicants should demonstrate that a watershed approach was adopted in proposing management activities in areas that will be most effective in preventing or reducing NPS pollution (see Section IV.C.2.v and the evaluation factor in Section V.A.e). All applicants are strongly encouraged to include in their proposal a description of how the project fits into a broader watershed approach to managing NPS pollution. A description of the watershed approach 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, sequencing in relation to other projects in the watershed, past planning, or other factors, and/or if the project is part of an existing watershed-based plan.

Use of the term “Watershed”: A watershed generally refers to the land area that drains into a stream, wetland, lake, or coastal waterbody. 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 and encompasses comparable estuarine and coastal nearshore systems as well. For applicants 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 and serves as a comparable description of a watershed approach described above for evaluation purposes (see Section V.A.e.). The definition of the bounds of that system may differ depending upon the proposed project. Such proposals should clearly describe the system based approach from an estuarine or coastal ecosystems perspective, which could include but is not limited to the following: why the project is the best to implement in the estuarine or coastal ecosystem at this time, based on its location, sequencing, past planning, or other factors, and/or if the project is part of an existing estuarine/coastal management plan.

Implementing NPS best management practices (BMPs): The funding available through this RFP is primarily targeted to support on-the-ground implementation of nine element watershed-based plans and watershed projects to control sources of NPS pollution through the implementation of BMPs. In addition, eligible implementation activities like assessment and planning can be part of a competitive proposal. However, if a proposal includes planning or other eligible implementation activities, the applicant should also include NPS BMP implementation as part of the proposal. Examples of NPS BMPs and other eligible project activities to be funded under this RFP include, but are not limited to the following:

Examples of NPS BMP Implementation:

o Road stabilization/removal;

o Riparian planting;

o Streambank stabilization o Natural channel restoration;

o Low impact development/storm water management practices;

o Livestock exclusion fencing;

o Septic system rehabilitation;

o Nutrient or grazing management practices.

Examples of other eligible project 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 Outside of the Reservation: Activities upstream or downstream of reservation waters may be eligible for funding if they pertain to waters within a reservation, and are consistent with the applicant’s nonpoint source assessment report and management program. The proposal must clearly demonstrate the impacts of the upstream or downstream project on tribal lands and waters. Projects that may be eligible downstream of reservation waters include but are not limited to: control of invasive species, restoring a headcutting stream to prevent it from reaching tribal waters, and salmon habitat restoration projects that promote salmon migration up into tribal waters. Projects that may be eligible upstream of reservation waters include but are not limited to: stabilizing eroding streambanks to prevent sediment loading, repairing failing septic systems to prevent bacterial inputs, and implementing management measures on agricultural land to reduce nutrient loading into tribal waters. Questions about eligibility of upstream or downstream projects should be raised to the Headquarters Contact in Section VII before submitting a proposal. See Section VII for information on how to submit questions.

Integrating Resilience in Project Design: Increasingly, tribal nonpoint source program managers are considering future threats to water quality in addition to current sources of pollution when managing their resources, watersheds, and watershed processes. For example, integrating resilience into project design may include increasing stream buffer width to take into account potential impacts of more frequent or intense storms on water flow, erosion and runoff. For information and ideas on how to integrate resiliency in your nonpoint source program and into your proposal, see the following resources:

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

• Bureau of Indian Affairs – Tribal Resilience Program

B. EPA’s Strategic Plan and Anticipated Environmental Results The activities to be funded under this announcement support EPA’s FY 2018-22 Strategic

Plan, available at: https://www.epa.gov/planandbudget/strategicplan.html. Awards made under this announcement will support Goal 1- Core Mission: Deliver real results to provide Americans with clean air, land, and water, and ensure chemical safety; Objective 1.2 - Provide for Clean and Safe Water: Ensure waters are clean through improved water infrastructure and, in partnership with states and tribes, sustainably manage programs to support drinking water, aquatic ecosystems, and recreational, economic, and subsistence activities. All applications must be for projects that support the goals and objectives identified above.

EPA also requires that grant applicants adequately describe environmental outputs and outcomes to be achieved under assistance agreements (see EPA Order 5700.7A1, Environmental Results under Assistance Agreements). Applicants must include specific statements describing the environmental results of the proposed project in terms of well-defined outputs and, to the maximum extent practicable, well-defined outcomes that will demonstrate how the project will contribute to the priorities described above.

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

o Acres of riparian area restored;

o Miles of fenceline installed;

o Feet of streambank planted;

o Number of large woody debris structures placed;

o Number of septic systems rehabilitated;

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

Outcomes: Environmental outcomes are the result, effect, or consequence that will occur from carrying out an environmental program or activity that is related to an https://www.epa.gov/sites/production/files/2015-09/documents/2010_02_19_nps_tribal_pdf_tribal_handbook2010.pdf https://www.epa.gov/sites/production/files/2015-09/documents/2010_02_19_nps_tribal_pdf_tribal_handbook2010.pdf https://www.bia.gov/bia/ots/tribal-resilience-program https://www.epa.gov/planandbudget/strategicplan.html https://www.epa.gov/sites/production/files/2015-03/documents/epa_order_5700_7a1.pdf 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:

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 and current priorities. Additional information regarding EPA’s discussion of environmental results in terms of “outputs” and “outcomes” can be found at EPA Order 5700.7A1, Environmental Results under Assistance Agreements.

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 2018, the evaluation of proposals, and other applicable considerations. A federal funding amount of $2.5 million would equate to approximately 25 competitively funded grants. In FY 2017, EPA awarded approximately $2.8 million to 30 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 non-federal cost share/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 the applicable regulations at 2 CFR 200 Subpart D (200.317 through 200.326) as appropriate, 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 13, 2017. For a complete list of tribes eligible for section 319 FY 2018 funding, refer to the List of Tribes Eligible for 319 Base and Competitive Funding for FY 2018.

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.

https://www.epa.gov/sites/production/files/2017-11/documents/list_of_tribes_eligible_for_319_base_and_competitive_funding_for_fy18_2.pdf

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 October 13, 2017, 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. The non-federal cost share/match may be provided in cash or can come from in-kind contributions, such as use of volunteers and/or donated time, equipment, expertise, etc., and is subject to the regulations governing matching fund requirements described in 2 CFR 200.306, as applicable. In-kind contributions often include salaries or other verifiable costs and this value must be carefully documented. In the case of salaries, applicants may use either minimum wage or fair market value. Cost share/match must be used for eligible and allowable project costs. Cost share/matching funds are considered grant funds and are included in the total award amount and should be used for the reasonable and necessary expenses of carrying out the workplan. All grant funds are subject to federal audit. Any restrictions on the use of grant funds also apply to the use of cost share/match. Other federal grants may not be used as cost share/match without specific statutory authority. Examples of cost share/match calculations are provided in Table 1 below in Section III.C.

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 cost share/ 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 5 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 III.F 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 Regional Contact 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/match for the grant funds or a waived cost share/match 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 percent (section 319 required non-federal cost share/match), 10 percent (e.g., if undue hardship is demonstrated per 40 CFR 35.635), or 5 percent (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 Headquarters Contact identified in Section VII.

Table 1. Example Cost Share/Match Calculation

Federal Share Non-Federal Federal Share Non-Federal Total Project Match Match 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 grant funds awarded under this competition may be awarded to tribes for use outside the reservation only if they support activities that are related to waters within a reservation and are consistent with the applicant’s nonpoint source assessment report and management program. These activities may include either those relating to sources upstream of a waterway entering the reservation, or activities downstream of reservation waters. The proposal must clearly demonstrate the impacts of the upstream or downstream project on tribal land and waters or it will be rejected from further consideration. If any project work, such as NPS BMP implementation activities or monitoring, is to occur off-reservation the applicant must assess and indicate in their proposal whether land access/permission is required, and if so must demonstrate in the proposal that any necessary access agreements have been obtained from the land owner(s) by the time of proposal submission.

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 project types:

i. The work plan develops or continues work on a nine element watershed-based plan and implements a nine element watershed-based plan;

ii. The work plan develops or continues work on a nine element 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 nine element 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 including watershed-based plan development as a work plan component must also contain an on-the-ground project to implement NPS BMPs (i.e., a tribe will not receive competitive funding only for the development of a watershed-based plan).

6. Proposals must substantially comply with the proposal submission instructions and requirements set forth in Section IV.C of this announcement or else they will be rejected. Where a page limit is expressed in Section IV.C.2 with respect to the proposal work plan, pages in excess of the page limitation will not be reviewed. Section IV.C.2, establishes a 15-page, single-spaced proposal work plan page limit. Supporting materials, as described in Section IV.C.2, are not included within the page limit for the proposal work plan.

7. 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) on or before the proposal submission deadline published in Section IV of this announcement. Applicants are responsible for following the submission instructions in Section IV of this announcement to ensure that their proposal is timely submitted.

8. Proposals submitted 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 or relevant SAM.gov system issues. 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 Steve Epting at http://www.sam.gov/ tribal319grants@epa.gov as soon as possible after the submission deadline—failure to do so may result in your proposal not being reviewed.

9. 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

Watershed-Based Plan Development: 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 NPS BMP implementation. Proposals including watershed-based plan development as a work plan component must also contain a project to implement NPS BMPs (i.e., a tribe will not receive competitive funding only for the development of a watershed-based plan).

Administrative Costs: 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 percent cap on administrative costs. Developing a watershed-based plan is also exempt from the 10 percent cap on administrative costs.

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

Water Quality Monitoring: 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, approval must be obtained from the land owner(s) prior to applying for funding.

mailto:tribal319grants@epa.gov

Intertribal Consortia: 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, tribal or intertribal consortia proposals must first be selected under the competitive grant process described in this announcement and, in accordance with 40 CFR 35.535, 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.

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 tribes and intertribal consortia at 40 CFR Part 35, Subpart B.

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 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:

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 https://www.grants.gov/ https://www.grants.gov/

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

Mail Code: 3903R Washington, DC 20460

Courier Address:

OGD Waivers C/o Jessica Durand Ronald Reagan Building 1300 Pennsylvania Ave., N.W.

Rm # 51278 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, 2017, it is valid for any competitive or non-competitive application submission to EPA through December 31, 2017). 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, 2017 with a submission deadline of January 15, 2018, the applicant would need a new exception to submit through alternative methods beginning January 1, 2018.

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 EPA Headquarters 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 application 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 an application through grants.gov, go to 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.