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Federal Register / Vol. 71, No.

10 / Tuesday, January 17, 2006 / Notices 2531

Dated: January 6, 2006. potentially all documents submitted are required to sign confidentiality
Eric McDonald, under the Resource Conservation and agreements and to adhere to the same
Lieutenant Commander, Judge Advocate Recovery Act, Clean Air Act, Clean security procedures as Federal
General’s Corps, U.S. Navy, Federal Register Water Act, Safe Drinking Water Act, employees.
Liaison Officer. Federal Insecticide, Fungicide and Dated: December 22, 2005.
[FR Doc. E6–375 Filed 1–13–06; 8:45 am] Rodenticide Act, and Comprehensive
Susan Street,
BILLING CODE 3810–FF–P Environmental Response,
SEE Program Manager, Customer Services
Compensation, and Liability Act, to the
Support Center (3661A).
extent that these statutes allow
[FR Doc. E6–403 Filed 1–13–06; 8:45 am]
ENVIRONMENTAL PROTECTION disclosure of confidential information to
authorized representatives of the United BILLING CODE 6560–50–P
AGENCY
States (or to ‘‘contractors’’ under the
[FRL–8021–9] Federal Insecticide, Fungicide, and
ENVIRONMENTAL PROTECTION
Rodenticide Act). Some of these
Access to Confidential Business AGENCY
documents may contain information
Information by Enrollees Under the
claimed as confidential. [FRL–8021–6]
Senior Environmental Employment EPA provides confidential
Program information to enrollees working under Guidelines for Awarding Clean Water
AGENCY: Environmental Protection the following cooperative agreements: Act Section 319 Base Grants to Indian
Agency (EPA). Tribes in FY 2006; Request for
ACTION: Notice.
Cooperative Agreement No. Organization Proposals From Indian Tribes for
Competitive Grants Under Clean Water
SUMMARY: EPA has authorized grantee National Association for Hispanic Elderly Act Section 319 in FY 2006 (CFDA
organizations under the Senior 66.460—Nonpoint Source
CQ–832815 ............................. NAHE
Environmental Employment (SEE) CQ–832816 ............................. NAHE Implementation Grants; Funding
Program, and their enrollees; access to CQ–832820 ............................. NAHE Opportunity Number EPA–OW–
information which has been submitted OWOW–06–2)
to EPA under the environmental statutes National Asian Pacific Center on Aging
AGENCY: Environmental Protection
administered by the Agency. Some of
National Caucus and Center on Black Agency (EPA).
this information may be claimed or
Aged, Inc. ACTION: Notice of guidelines for Section
determined to be confidential business
information (CBI). 319 Base Grants and Request for
CQ–832550 ............................. NCBA
DATES: Comments concerning CBI CQ–832790 ............................. NCBA Proposals for Section 319 Competitive
access will be accepted on or before CQ–832791 ............................. NCBA Grants.
January 23, 2006. CQ–832792 ............................. NCBA
CQ–832793 ............................. NCBA SUMMARY: This notice publishes EPA’s
ADDRESSES: Comments should be CQ–832794 ............................. NCBA national guidelines for the award of base
submitted to: Susan Street, National CQ–832795 ............................. NCBA grants and EPA’s Request for Proposals
Program Director, Senior Environmental (RFP) for the award of supplemental
Employment Program (MC 3650A), U.S. National Council on the Aging, Inc. funding in the form of competitive
Environmental Protection Agency; Ariel grants under the Clean Water Act (CWA)
Rios Building, 1200 Pennsylvania Ave., CQ–832227 ............................. NCOA
CQ–832396 ............................. NCOA section 319(h) nonpoint source (NPS)
NW., Washington, DC 20460. CQ–832718 ............................. NCOA grants program to Indian Tribes in FY
FOR FURTHER INFORMATION CONTACT: 2006. Section 319 of the CWA
Susan Street at (202) 564–0410. National Older Workers Career Center authorizes EPA to award grants to
SUPPLEMENTARY INFORMATION: The eligible Tribes for the purpose of
CQ–830918 ............................. NOWCC assisting them in implementing
Senior Environmental Employment CQ–830969 ............................. NOWCC
(SEE) program is authorized by the CQ–831021 ............................. NOWCC approved NPS management programs
Environmental Programs Assistance Act CQ–831022 ............................. NOWCC developed pursuant to section 319(b).
of 1984 (Pub. L. 98–313), which CQ–831023 ............................. NOWCC The primary goal of the NPS
provides that the Administrator may CQ–832729 ............................. NOWCC management program is to control NPS
‘‘make grants or enter into cooperative pollution through implementation of
agreements’’ for the purpose of Senior Service America, Inc. management measures and practices to
‘‘providing technical assistance to: CQ–832396 ............................. SSAI
reduce pollutant loadings resulting from
Federal, State, and local environmental CQ–832427 ............................. SSAI each category or subcategory of NPSs
agencies for projects of pollution CQ–832625 ............................. SSAI identified in the Tribe’s NPS assessment
prevention, abatement, and control.’’ CQ–832626 ............................. SSAI report developed pursuant to section
Cooperative agreements under the SEE 319(a). EPA intends to award a total of
program provide support for many Among the procedures established by $7,000,000 to eligible Tribes which have
functions in the Agency, including EPA confidentiality regulations for approved NPS assessments and
clerical support, staffing hot lines, granting access is notification to the management programs and ‘‘treatment-
providing support to Agency submitters of confidential data that SEE as-a-state’’ (TAS) status as of October 14,
enforcement activities, providing library grantee organizations and their enrollees 2005. EPA expects the allocation of
services, compiling data, and support in will have access. 40 CFR 2.201(h)(2)(iii). funds will be similar to the amount
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scientific, engineering, financial, and This document is intended to fulfill that distributed in FY 2005, which included
other areas. requirement. approximately $2.8 million in base
In performing these tasks, grantees The grantee organizations are required grants awarded to 84 Tribes and $4.2
and cooperators under the SEE program by the cooperative agreements to protect million awarded to 31 Tribes through a
and their enrollees may have access to confidential information. SEE enrollees competitive process. Section A includes

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2532 Federal Register / Vol. 71, No. 10 / Tuesday, January 17, 2006 / Notices

EPA’s national guidelines which govern identified in the Tribe’s NPS assessment competitive funding by submitting a
the process for awarding base grants to report developed pursuant to section proposal for up to a maximum budget of
all eligible Tribes, and section B is the 319(a). EPA will award section 319 base $150,000 of federal section 319 funding
national RFP for awarding the grants to eligible Tribes in the amount (plus the additional required match of
remaining funds on a competitive basis. of $30,000 or $50,000 (depending on the total project cost).
DATES: This notice is effective January land area). Section 319 base funds may Federal Agency Name: EPA.
17, 2006. be used for a range of activities that Funding Opportunity Title: Tribal
FOR FURTHER INFORMATION CONTACT: implement the Tribe’s approved NPS Nonpoint Source Implementation
Stacie Craddock, Office of Wetlands, management program, including: Hiring Grants.
Oceans, and Watersheds, Assessment a program coordinator; conducting NPS Announcement Type: Request for
and Watershed Protection Division, education programs; providing training Proposals.
and authorized travel to attend training; Funding Opportunity Number: EPA–
telephone: (202) 566–1204; fax: (202)
updating the NPS management program; OW–OWOW–06–2.
566–1331, e-mail: Catalog of Federal Domestic
craddock.stacie@epa.gov. Also contact developing watershed-based plans; and
implementing, alone or in conjunction Assistance (CFDA) Number: 66.460.
the appropriate EPA Regional Tribal Dates:
NPS Coordinator identified in section with other agencies or other funding
sources, watershed-based plans and on- Date EPA uses to determine eligibility
B.VII. to receive competitive 319 grants.
the-ground watershed projects.
SUPPLEMENTARY INFORMATION: October 14, 2005.
Request for Proposals From Indian Deadline for Tribes to submit
Background Tribes for Competitive Grants Under proposals to Region or electronically
For the seventh year in a row, Clean Water Act Section 319 in FY 2006 through grants.gov. March 1, 2006.
Congress has authorized EPA to award (See Section B Below) Headquarters notifies Regions/Tribes
NPS control grants to Indian Tribes in Overview Information: of selections for competitive 319 grants.
FY 2006 in an amount that exceeds the This RFP is issued pursuant to section May 5, 2006.
statutory cap (in section 518(f) of the 319(h) of the CWA. Section 319 of the Tribes submit final grant application
CWA) of 1⁄3 of 1 percent of the total CWA authorizes EPA to award grants to to Region for competitive 319 grants.
section 319 appropriation. There is eligible Tribes for the purpose of June 5, 2006.
continuing recognition that Indian assisting them in implementing Other than the date EPA will use to
Tribes need increased financial support approved NPS management programs determine eligibility to receive 319
to implement NPS programs that developed pursuant to section 319(b). grants, the dates above are the
address critical water quality concerns The primary goal of the NPS anticipated dates for those actions.
on Tribal lands. EPA will continue to management program is to control NPS Dated: January 9, 2006.
work closely with the Tribes to assist pollution through implementation of Benjamin H. Grumbles,
them in developing and implementing management measures and practices to Assistant Administrator for Water.
effective Tribal NPS pollution programs. reduce pollutant loadings resulting from
EPA was pleased by the quality of the each category or subcategory of NPSs Section A. Guidelines for Awarding
Tribes’ work plans that formed the basis identified in the Tribe’s NPS assessment Clean Water Act Section 319 Base
of the grants awarded to Tribes in FY report developed pursuant to section Grants to Indian Tribes in FY 2006
2005, which included approximately 319(a). EPA has set aside a portion of
I. General
$2.8 million in base grants awarded to section 319 funds appropriated by
84 Tribes and $4.2 million awarded to Congress for competitive grant awards Each eligible Tribe will receive base
31 Tribes for specific watershed projects to Tribes for the purpose of funding: (1) funding in accordance with the
through a competitive process. We The development of watershed-based following land area scale:
believe that the FY 2005 grants were plans; and/or (2) the implementation of
directed towards high-priority activities watershed projects that implement a Base
Square miles (acres) amount
that will produce on-the-ground results watershed-based plan; and/or (3) the
that provide improved water quality. implementation of other watershed Less than 1,000 sq. mi. (less than
We look forward to working with Tribes projects not implementing a watershed- 640,000 acres) ............................ $30,000
again in FY 2006 to implement based plan. Tribes are strongly Over 1,000 sq. mi. (over 640,000
successful projects addressing the encouraged to submit proposals that acres) .......................................... 50,000
extensive NPS control needs throughout develop and/or implement watershed-
Indian country. based plans designed to protect The land area scale is the same as
unimpaired waters and restore NPS- used in previous years. EPA continues
Guidelines for Awarding CWA Section impaired waters. EPA believes that to rely upon land area as the deciding
319 Base Grants to Indian Tribes in FY watershed-based plans provide the best factor for allocation of funds because
2006 (See Section A Below) means for preventing and resolving NPS NPS pollution is strongly related to land
Section 319 of the CWA authorizes problems and threats. Watershed-based use; thus land area is a reasonable factor
EPA to award grants to eligible Tribes plans provide a coordinating framework that generally is highly relevant to
for the purpose of assisting them in for solving water quality problems by identifying Tribes with the greatest
implementing approved NPS providing a specific geographic focus, needs (recognizing that many Tribes
management programs developed integrating strong partnerships, have needs that significantly exceed
pursuant to section 319(b). The primary integrating strong science and data, and available resources).
goal of the NPS management program is coordinating priority setting and Section 319 base funds may be used
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to control NPS pollution through integrated solutions. EPA anticipates for a range of activities that implement
implementation of management awarding approximately 30 competitive the Tribe’s approved NPS management
measures and practices to reduce grants, subject to availability of funds program, including: Hiring a program
pollutant loadings resulting from each and the quality of applications coordinator; conducting NPS education
category or subcategory of NPSs submitted. Eligible Tribes may apply for programs; providing training and

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Federal Register / Vol. 71, No. 10 / Tuesday, January 17, 2006 / Notices 2533

authorized travel to attend training; does not have adequate funds to meet vii. Reporting schedule and a description
updating the NPS management program; the required match. of the performance evaluation process that
developing watershed-based plans; and will be used that accounts for: (a) A
III. Application Requirements for Base discussion of accomplishments as measured
implementing, alone or in conjunction
Allocation Grants against work plan commitments; (b) a
with other agencies or other funding discussion of the cumulative effectiveness of
sources, watershed-based plans and on- 1. Address To Request Application the work performed under all work plan
the-ground watershed projects. In Package for Base Allocation Grants components; (c) a discussion of existing and
general, base funding should not be Applicants may download individual potential problem areas; and (d) suggestions
used for general assessment activities grant application forms, or for improvement, including, where feasible,
(e.g., monitoring the general status of electronically request a paper schedules for making improvements.
reservation waters, which may be application package and an b. Work Plan To Develop a Watershed-
supported with CWA section 106
accompanying computer CD of Based Plan
funding). EPA encourages Tribes to use
information related to applicants/grant If a Tribe submits a work plan to
section 319 funding, and explore the use
recipients roles and responsibilities develop a watershed-based plan, it must
of other funding such as CWA section
from EPA’s Grants Web site by visiting: include a commitment to incorporate
106 funding, to support project-specific
http://www.epa.gov/ogd/grants/ the nine components of a watershed-
water quality monitoring, data
how_to_apply.htm. Please note that only based plan identified in section A.V.1
management, data analysis, assessment
the narrative work plan needs to be below.
activities, and the development of
included in the initial application. If
watershed-based plans. c. Work Plan To Implement a
your application is approved, a
II. Eligibility and Match Requirements complete application package will need Watershed-Based Plan
To be eligible for NPS base grants, a to be submitted by June 5, 2006. If a Tribe submits a work plan to
Tribe must: (1) Be federally recognized; 2. Content and Form of Application implement a watershed-based plan, it
(2) have an approved NPS assessment Submission for Base Allocation Grants must be accompanied by a statement
report in accordance with CWA section that the Region finds that the watershed-
319(a); (3) have an approved NPS Section 319 base funds may be used based plan to be implemented includes
management program in accordance for a range of activities that implement the nine components of a watershed-
with CWA section 319(b); and (4) have the Tribe’s approved NPS management based plan identified in section A.V.1
‘‘treatment-as-a-state’’ (TAS) status in program, including: Hiring a program below.
accordance with CWA section 518(e). coordinator; conducting NPS education
programs; providing training and IV. Submission Dates and Times for
To be eligible for NPS grants in FY
authorized travel to attend training; Initial Applications for Base Funding
2006, Tribes must meet these eligibility
requirements as of October 14, 2005 (as updating the NPS management program; Eligible Tribes must submit to the
announced in the FY 2005 guidelines on developing watershed-based plans; and appropriate EPA Regional Tribal NPS
December 22, 2004 at 69 FR 76733). implementing, alone or in conjunction Coordinator applications for base
Tribes should contact their EPA with other agencies or other funding funding by 5 p.m. local time on March
Regional Tribal NPS Coordinator for sources, watershed-based plans and on- 1, 2006 (see section B.VII for Agency
further information about the eligibility the-ground watershed projects. contact information). Each EPA Region
process (see section B.VII for Agency The specific content and form of the will review the proposed work plan for
contact information). application for the award of section 319 base funding and, where appropriate,
Section 319(h)(3) of the CWA requires base grants is as follows: recommend improvements to the plan
that the match for NPS grants is 40 a. Narrative Work Plan by March 15, 2006. The Tribe must
percent of the total project cost. In submit a final work plan by April 14,
general, as required in 40 CFR 31.24, the Tribes must submit a work plan to 2006. If a Tribe has not submitted an
match requirement can be satisfied by receive base funding for FY 2006. All approvable work plan for base funding
any of the following: Allowable costs work plans must be consistent with the by April 14, its allocated amount will be
incurred by the grantee, subgrantee, or Tribe’s approved NPS management added to the competitive pool which
a cost-type contractor, including those program and conform to legal will be used to fund Tribal NPS
allowable costs borne by non-federal requirements that are applicable to all competitive grants (see section B).
grants; by cash donations from non- environmental program grants awarded
federal third parties; or by the value of to Tribes (see 40 CFR 35.505 and V. Watershed-Based Plans
third party in-kind contributions. 35.507) as well as the grant EPA strongly encourages Tribes to use
EPA’s regulations also provide that requirements which specifically apply section 319 funding for the development
EPA may decrease the match to NPS management grants (see 40 CFR and/or implementation of watershed-
requirement to as low as ten percent if 35.638). As provided in 40 CFR 35.507, based plans to protect unimpaired
the Tribe can demonstrate in writing to 40 CFR 35.515, and 40 CFR 35.638, all waters and restore NPS-impaired
the Regional Administrator that fiscal work plans must include: waters. EPA also encourages Tribes to
circumstances within the Tribe or i. Description of each significant category explore the use of other funding such as
within each Tribe that is a member of of NPS activity to be addressed; CWA section 106 funding to support the
the intertribal consortium are ii. Work plan components; development of watershed-based plans.
constrained to such an extent that iii. Work plan commitments for each work EPA believes that watershed-based
fulfilling the match requirement would plan component; plans provide the best means for
impose undue hardship (see 40 CFR iv. Estimated funding amounts for each preventing and resolving NPS problems
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work plan component;


35.635). In making grant awards to v. Estimated work years for each work plan
and threats. Watershed-based plans
Tribes that provide for a reduced match component; provide a coordinating framework for
requirement, Regions must include a vi. Roles and responsibilities of the solving water quality problems by
brief finding in the final award package recipient and EPA in carrying out the work providing a specific geographic focus,
that the Tribe has demonstrated that it plan commitments; and integrating strong partnerships,

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2534 Federal Register / Vol. 71, No. 10 / Tuesday, January 17, 2006 / Notices

integrating strong science and data, and watershed-based plan, and an absolutely critical that Tribes make, at
coordinating priority setting and identification (using a map or a the subcategory level, a reasonable effort
integrated solutions. This section description) of the critical areas which to identify the significant sources;
outlines the specific information that those measures will be needed to identify the management measures that
should be included in all watershed- implement the plan. will most effectively address those
based plans that are developed or c. An estimate of the water quality- sources; and broadly estimate the
implemented using section 319 funding. based goals expected to be achieved by expected water quality-based goals that
This information correlates with the implementing the measures described in will be achieved. Without such
elements of a watershed-based plan element (b) above. To the extent information to provide focus and
outlined in the NPS grants guidelines possible, estimates should identify direction, it is much less likely that a
for States (see FY 2004 Nonpoint Source specific water quality-based goals, project that implements the plan can
Program and Grants Guidelines for which may incorporate, for example: efficiently and effectively address the
States and Territories, available at Load reductions; water quality NPSs of water quality impairments. On
http://www.epa.gov/owow/nps/ standards for one or more pollutants/ the other hand, EPA recognizes that
cwact.html). One significant difference uses; NPS total maximum daily load even with reasonable steps to obtain and
from the State guidelines is that a allocations; measurable, in-stream analyze relevant data, the available
watershed-based plan for Tribes reductions in a pollutant; or information at the planning stage
provides for the integration of ‘‘water improvements in a parameter that (within reasonable time and cost
quality-based goals’’ (see element (c) indicates stream health (e.g., increases constraints) may be limited; preliminary
below), whereas the State guidelines in fish or macroinvertebrate counts). If information and estimates may need to
call for specific estimates of load information is not available to make be modified over time, accompanied by
reductions that are expected to be specific estimates, water quality-based mid-course corrections in the watershed
achieved by implementing the plan. goals may include narrative descriptions plan; and it often will require a number
EPA has incorporated this flexibility for and best professional judgment based on of years of effective implementation to
Tribes in recognition that not all Tribes existing information. achieve the goals. EPA fully intends that
have yet developed water quality d. An estimate of the amounts of the watershed planning process
standards and many Tribes may need technical and financial assistance described above should be implemented
additional time and/or technical needed, associated costs, and/or the in a dynamic and iterative manner to
assistance in order to develop more sources and authorities that will be assure that projects implementing the
sophisticated estimates of the NPS relied upon to implement the plan. As plan may proceed even though some of
pollutants that need to be addressed. sources of funding, Tribes should the information in the watershed plan is
Where such information does exist, or is consider other relevant Federal, State, imperfect and may need to be modified
later developed, EPA expects that it will local and private funds that may be over time as information improves.
be incorporated as appropriate into the available to assist in implementing the
2. Scale and Scope of Watershed-Based
watershed-based plan. plan.
To the extent that information already Plans
e. An information and education
exists in other documents (e.g., NPS component that will be used to enhance The watershed-based plan should
assessment reports or NPS management public understanding and encourage address a large enough geographic area
programs), the information may be early and continued participation in so that its implementation addresses all
incorporated by reference into the selecting, designing, and implementing of the significant sources and causes of
watershed-based plan. Thus, the Tribe the NPS management measures that will impairments and threats to the
need not duplicate any existing process be implemented. waterbody in question. EPA recognizes
or document that already provides f. A schedule for implementing the that many Tribes may face jurisdictional
needed information. NPS management measures identified in limitations outside reservation
this plan that is reasonably expeditious. boundaries. To the extent possible, EPA
1. Components of a Watershed-Based encourages Tribes to engage other
g. A description of interim,
Plan partners and include mixed ownership
measurable milestones for determining
a. An identification of the causes and whether NPS management measures or watersheds when appropriate to solve
sources or groups of similar sources that other control actions are being the water quality problems (e.g., Tribal,
will need to be controlled to achieve the implemented. Federal, State, and private lands). While
goal identified in element (c) below. h. A set of criteria that can be used to there is no rigorous definition or
Sources that need to be controlled determine whether the water quality- delineation for this concept, the general
should be identified at the significant based goals are being achieved over time intent is to avoid single segments or
subcategory level with estimates of the and substantial progress is being made other narrowly defined areas that do not
extent to which they are present in the towards attaining water quality-based provide an opportunity for addressing a
watershed (e.g., X number of dairy cattle goals and, if not, the criteria for watershed’s stressors in a rational and
feedlots needing upgrading, including a determining whether the watershed- economic manner. At the same time, the
rough estimate of the number of cattle based plan needs to be revised. scale should not be so large as to
per facility; Y acres of row crops i. A monitoring component to minimize the probability of successful
needing improved nutrient management evaluate the effectiveness of the implementation.
or sediment control; or Z linear miles of implementation efforts over time, Once a watershed-based plan that
eroded streambank needing measured against the criteria established contains the information identified
remediation). under element (h) above. above has been established, it can be
b. A description of the NPS EPA recognizes the difficulty of used as the foundation for preparing
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management measures that will need to developing the information described annual work plans. Like the NPS
be implemented to achieve a water above with precision and, as these management program approved under
quality-based goal described in element guidelines reflect, believes that there section 319(b), a watershed-based plan
(c) below, as well as to achieve other must be a balanced approach to address may be a multi-year planning document.
watershed goals identified in the this concern. On one hand, it is Whereas the NPS management program

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provides overall program guidance to 2. Intertribal Consortia awarded section 106 grants to States to
address NPS pollution on Tribal lands, Some Tribes have formed intertribal conduct monitoring outside of State
a watershed-based plan focuses NPS consortia to promote cooperative work. borders. EPA has concluded that grants
planning on a particular watershed An intertribal consortium is a awarded to an Indian Tribe pursuant to
identified as a priority in the NPS partnership between two or more Tribes section 319 may similarly be used to
management program. Due to the greater perform eligible section 319 activities
that is authorized by the governing
specificity of a watershed-based plan, it outside of a reservation if: (1) The
bodies of those Tribes to apply for and
will generally have considerably more activity pertains to the management and
receive assistance under this program.
detail than a NPS management program, protection of waters within a
(See 40 CFR 35.502.) Individual Tribes
and identified portions may be reservation; and (2) just as for on-
who are a part of an intertribal consortia
implemented through highly specific reservation activities, the Tribe meets all
that is awarded a section 319 base grant
annual work plans. While the other applicable requirements.
may not also be awarded an individual
watershed-based plan can be considered section 319 base grant. (Note that b. Activities That Are Unrelated to
a subset of the NPS management individual Tribes may still be eligible to Waters of a Reservation
program, the annual work plan can be apply for competitive funds described As discussed above, EPA is
considered a subset of the watershed- below in Section B if they do not also authorized to award section 319 grants
based plan. submit a proposal for competitive funds to Tribes to perform eligible section 319
A Tribe may choose to implement the as part of an intertribal consortium.) The activities if the activities pertain to the
watershed-based plan in prioritized intertribal consortium is eligible only if management and protection of waters
portions (e.g., based on particular the consortium demonstrates that all its within a reservation and the Tribe meets
segments, other geographic members meet the eligibility all other applicable requirements. In
subdivisions, NPS categories in the requirements for the section 319 contrast, EPA is not authorized to award
watershed, or specific pollutants or program and authorize the consortium section 319 grants for activities that do
impairments), consistent with the to apply for and receive assistance in not pertain to waters of a reservation.
schedule established pursuant to item accordance with 40 CFR 35.504. An For off-reservation areas, including
(f) above. In doing so, Tribes may intertribal consortium must submit to ‘‘usual and accustomed’’ hunting,
submit annual work plans for section EPA adequate documentation of the fishing, and gathering places, EPA must
319 grant funding that implement existence of the partnership and the determine whether the activities pertain
specific portions of the watershed-based authorization of the consortium by its to waters of a reservation prior to
plan. A watershed-based plan is a members to apply for and receive the awarding a grant.
strategic plan for long-term success; grant. (See 40 CFR 35.504.)
4. Administrative Costs
annual work plans are the specific ‘‘to- 3. Non-Tribal Lands
do lists’’ to achieve that long-term Pursuant to CWA section 319(h)(12),
success. The following discussion explains the administrative costs in the form of
extent to which section 319 grants may salaries, overhead, or indirect costs for
VI. Base Grant Requirements be awarded to Tribes for use outside the services provided and charged against
reservation. We discuss two types of off- activities and programs carried out with
1. Performance Partnership Grants reservation activities: (1) Activities that the grant shall not exceed 10 percent of
Performance Partnership Grants (PPG) are related to waters within a the grant award. The costs of
enable Tribes to combine funds from reservation, such as those relating to implementing enforcement and
more than one environmental program sources upstream of a waterway regulatory activities, education, training,
grant into a single grant with a single entering the reservation; and (2) technical assistance, demonstration
budget. If the Tribe includes the section activities that are unrelated to waters of projects, and technology transfer are not
319 grant as a part of an approved PPG, a reservation. As discussed below, the subject to this limitation.
the match requirement may be reduced first type of these activities may be
eligible; the second is not. 5. Satisfactory Progress
to 5 percent of the allowable cost of the
For a Tribe (or intertribal consortium)
work plan budget for the first 2 years in a. Activities That Are Related to Waters that received section 319 funds in the
which the Tribe receives a PPG; after 2 Within a Reservation preceding fiscal year, section 319(h)(8)
years, the match may be increased up to
Section 518(e) of the CWA provides of the CWA requires that the Region
10 percent of the work plan budget (as
that EPA may treat an Indian Tribe as determine whether the Tribe made
determined by the Regional
a State for purposes of section 319 of the ‘‘satisfactory progress’’ during the
Administrator). (See 40 CFR 35.536).
CWA if, among other things, ‘‘the previous fiscal year in meeting the
A section 319 base grant awarded functions to be exercised by the Indian schedule of activities specified in its
under this notice should not be Tribe pertain to the management and approved NPS management program.
included in a PPG unless the work plan protection of water resources which are The Region will base this determination
upon which a decision is made to award * * * within the borders of an Indian on an examination of Tribal activities,
the grant is included in the PPG. If a reservation’’ (see 33 U.S.C. 1377(e)(2)). reports, reviews, and other documents
proposed PPG work plan differs EPA already awards grants to Tribes and discussions with the Tribe in the
significantly from the section 319 work under section 106 of the CWA for previous year. Regions must include in
plan approved for funding, the Regional activities performed outside of a each section 319 base funding allocation
Administrator must consult with the reservation (on condition that the Tribe (or in a separate document, such as the
National Program Manager. (See 40 CFR obtains any necessary access agreements grant-issuance cover letter, that is
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35.535). The purpose of this and coordinates with the State, as signed by the same EPA official who
requirement is to avoid any potential appropriate) that pertain to reservation signs the grant), a written determination
that the project will not ultimately be waters, such as evaluating impacts of that the Tribe has made satisfactory
implemented once commingled with upstream waters on water resources progress during the previous fiscal year
other grant programs in a PPG. within a reservation. Similarly, EPA has in meeting the schedule of milestones

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2536 Federal Register / Vol. 71, No. 10 / Tuesday, January 17, 2006 / Notices

specified in its NPS management earlier in the fiscal year to provide Basis) of EPA’s Strategic Plan (see
program. The Regions must include adequate time for Tribes to implement http://www.epa.gov/ocfo/plan/
brief explanations that support their projects within the applicable fiscal plan.htm). In support of Sub-objective
determinations. year. 2.2.1, and consistent with EPA Order
Date for Tribes to be eligible for 319 5700.7 on Environmental Results under
VII. Technical Assistance to Tribes
grants. October 13, 2006. EPA Assistance Agreements (see http://
In addition to providing NPS grant Tribes submit base grant initial www.epa.gov/ogd/grants/award/
funding to Tribes, EPA remains application to Region. December 1, 2006 5700.7.pdf), grants awarded under this
committed to providing continued (anticipated). RFP will be expected to accomplish
technical assistance to Tribes in their Region comments on Tribe’s base various environmental outcomes and
efforts to control NPS pollution. During grant work plan. December 15, 2006 outputs as described below. Applicants
the past nine years, EPA has presented (anticipated). must discuss anticipated environmental
many workshops to Tribes nationwide Tribes submit final base grant work outcomes and outputs in proposed work
to assist them in developing: (1) NPS plan to Region. January 16, 2007 plan objectives and performance
assessments to further their (anticipated). measures.
understanding of NPS pollution and its Tribes submit final grant application
impact on water quality; (2) NPS to Region. April 5, 2007 (anticipated). Expected environmental outcomes
management programs to apply Other than the date EPA will use to mean the result, effect, or consequence
solutions to address their NPS determine eligibility to receive 319 that will occur from carrying out an
problems; and (3) specific projects to grants, the dates above are the environmental program or activity that
effect on-the-ground solutions. The anticipated dates for those actions. is related to an environmental or
workshops have provided information programmatic goal or objective.
Section B. Request for Proposals From Outcomes may be environmental,
on related EPA and other programs that
Indian Tribes for Competitive Grants behavioral, health-related or
can help Tribes address NPSs, including
under Clean Water Act Section 319 in programmatic in nature, must be
the provision of technical and funding
FY 2006 (Funding Opportunity Number quantitative, and may not necessarily be
assistance. Other areas of technical
EPA–OW–OWOW–06–2) achieved within an assistance
assistance include watershed-based
planning, water quality monitoring, I. Funding Opportunity Description for agreement funding period. Examples of
section 305(b) reports on water quality, Competitive Grants outcomes from the grants to be awarded
and section 303(d) lists of impaired under this RFP may include but are not
This RFP is issued pursuant to section limited to: an increased number of NPS-
waters. EPA intends to continue 319(h) of the Clean Water Act (CWA).
providing NPS workshops to interested impaired waterbodies that have been
Section 319 of the CWA authorizes EPA partially or fully restored to meet water
Tribes in FY 2006 and to provide other to award grants to eligible Tribes for the
appropriate technical assistance as quality standards or other water quality-
purpose of assisting them in based goals established by the Tribes;
needed. EPA also intends to include implementing approved nonpoint
special emphasis in the workshops on and/or an increased number of
source (NPS) management programs waterbodies that have been protected
the development and implementation of developed pursuant to section 319(b).
watershed-based plans that are designed from NPS pollution.
The primary goal of the NPS
to address on-the-ground water quality management program is to control NPS Expected environmental outputs (or
improvements. pollution through implementation of deliverables) refer to an environmental
VIII. Anticipated Deadlines and management measures and practices to activity, effort, and/or associated work
Milestones for FY 2006 Base Grants reduce pollutant loadings resulting from product related to an environmental
each category or subcategory of NPSs goal or objective, that will be produced
Date for Tribes to be eligible for 319 or provided over a period of time or by
grants. October 14, 2005. identified in the Tribe’s NPS assessment
report developed pursuant to section a specified date. Outputs may be
Tribes submit base grant initial
319(a). EPA has set aside a portion of quantitative or qualitative but must be
application to Region. March 1, 2006
the section 319 funds appropriated by measurable during an assistance
(anticipated).
Congress for competitive grant awards agreement funding period. Examples of
Region comments on Tribe’s base
to Tribes for the purpose of funding: (1) environmental outputs under the grants
grant work plan. March 15, 2006
(anticipated). The development of watershed-based awarded under this RFP may include
Tribes submit final base grant work plans; and/or (2) the implementation of but are not limited to: a watershed-
plan to Region. April 14, 2006 watershed projects that implement a based plan, progress reports, or a
(anticipated). watershed-based plan; and/or (3) the particular number of on-the-ground
Tribes submit final grant application implementation of other watershed management measures or practices
to Region. June 5, 2006 (anticipated). projects not implementing a watershed- installed or implemented during the
Other than the date EPA will use to based plan. Tribes are strongly project period. Including the
determine eligibility to receive 319 encouraged to submit proposals that environmental output of a watershed-
grants, the dates above are the develop and/or implement watershed- based plan furthers progress towards
anticipated dates for those actions. based plans designed to protect achieving the specific indicator measure
unimpaired waters and restore NPS- for Sub-objective 2.2.1 in EPA’s
IX. Anticipated Deadlines and impaired waters. Strategic Plan which measures the
Milestones for FY 2007 Base Grants Grants awarded under this RFP will number of Tribes that have developed
Beginning in FY 2007, the schedule advance the protection and and begun to implement a watershed-
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for submitting work plans and awarding improvement of water quality in based plan for Tribal waters (see
section 319 base grants will be modified support of Goal 2 (Clean and Safe Measure WQ–28, EPA’s National Water
to expedite the grant awards process. Water), Objective 2 (Protect Water Program Guidance for FY 2006 at
These modifications are intended to Quality), Sub-objective 1 (Protect and http://www.epa.gov/water/waterplan/
ensure that award decisions are made Improve Water Quality on a Watershed #nwp06).

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II. Award Information partnership between two or more Tribes for the first 2 years in which the Tribe
In FY 2005, EPA awarded that is authorized by the governing receives a PPG; after 2 years, the match
approximately $4.2 million to 31 Tribes bodies of those Tribes to apply for and may be increased up to 10 percent of the
for specific watershed projects through receive assistance under this program. work plan budget (as determined by the
a competitive process. EPA expects that (See 40 CFR 35.502.) Individual Tribes Regional Administrator). (See 40 CFR
the amount of competitive funding who are a part of an intertribal consortia 35.536).
available in FY 2006 will be similar or that is awarded a section 319 A section 319 grant awarded under
slightly lower than the amount available competitive grant may not also be this RFP should not be included in a
in FY 2005, since the availability of awarded an individual section PPG unless the work plan upon which
competitive funding is dependent, in competitive 319 grant. (Note that a decision is made to award the
part, upon the amount of funding that individual Tribes may still be eligible to competitive grant is included in the
remains after a portion is first apply for base funds described above in PPG. If a proposed PPG work plan
distributed as base grants to all eligible Section A if they do not also submit a differs significantly from the section 319
Tribes (which may increase due to proposal for base funds as part of an work plan approved for funding under
additional Tribes entering the NPS intertribal consortium.) this RFP, the Regional Administrator
program). The intertribal consortium is eligible must consult with the National Program
EPA anticipates awarding only if the consortium demonstrates that Manager. (See 40 CFR 35.535). The
approximately 30 competitive grants, all its members meet the eligibility purpose of this requirement is to avoid
subject to availability of funds and the requirements for the section 319 any potential that the project will not
quality of applications submitted under program and authorize the consortium ultimately be implemented once
this RFP. Eligible Tribes may apply for to apply for and receive assistance in commingled with other grant programs
competitive funding by submitting a accordance with 40 CFR 35.504. An in a PPG.
proposal up to a maximum budget of intertribal consortium must submit to
EPA adequate documentation of the 3. Threshold Evaluation Criteria
$150,000 of federal section 319 funding
(plus the additional required match of existence of the partnership and the In addition to applicant eligibility and
the total project cost). Proposals authorization of the consortium by its cost-share (discussed above in sections
evaluated, but not selected for this members to apply for and receive the B.III.1 and B.III.2, respectively), all of
funding, may be retained for grant. (See 40 CFR 35.504.) the following additional threshold
consideration for possible future awards evaluation criteria must be met in order
2. Cost Sharing or Matching
if additional funding materializes. Any for a Tribe’s application to be evaluated
Section 319(h)(3) of the CWA requires under section B.V and be considered for
additional selections for award under that the match for NPS grants is 40
this RFP based on additional funding award.
percent of the total project cost. In a. An individual Tribe (or intertribal
will be in accordance with the rankings general, as required in 40 CFR 31.24, the consortium) may not be awarded
developed by the review Committee match requirement can be satisfied by competitive funding for more than one
(discussed below in section B.V.2) and any of the following: Allowable costs competitive grant proposal in a given
must be made within six months of the incurred by the grantee, subgrantee, or year.
original competitive funding decisions. a cost-type contractor, including those b. An individual Tribe (or intertribal
EPA reserves the right to make partial allowable costs borne by non-federal consortium) may apply for competitive
awards by funding discrete activities, grants; by cash donations from non- funding by submitting a proposal up to
portions, or phases of the proposal. If federal third parties; or by the value of a maximum budget of $150,000 of
EPA decides to partially fund the third party in-kind contributions. federal section 319 funding (plus the
proposal, it will do so in a manner that EPA’s regulations also provide that additional required match of the total
does not prejudice any applicants or EPA may decrease the match project cost). If a Tribe submits a
affect the basis upon which the requirement to as low as ten percent if proposal that exceeds $150,000 (of
proposal/application, or portion thereof, the Tribe can demonstrate in writing to federal section 319 funding), it will be
was evaluated and selected for award, the Regional Administrator that fiscal rejected from further consideration.
and that maintains the integrity of the circumstances within the Tribe or c. All applications must propose to
competition and the evaluation/ within each Tribe that is a member of fund activities that are related to waters
selection process. the intertribal consortium are within a reservation or they will be
III. Eligibility Information constrained to such an extent that rejected. Section 319 grants may be
fulfilling the match requirement would awarded to Tribes for use outside the
1. Eligible Applicants impose undue hardship. (See 40 CFR reservation only if they fund activities
To be eligible for NPS grants, a Tribe 35.635.) In making grant awards to that are related to waters within a
or intertribal consortium must: (1) Be Tribes that provide for a reduced match reservation, such as those relating to
federally recognized; (2) have an requirement, Regions must include a sources upstream of a waterway
approved NPS assessment report in brief finding in the final award package entering the reservation.
accordance with CWA section 319(a); that the Tribe has demonstrated that it
(3) have an approved NPS management does not have adequate funds to meet i. Activities That Are Related to Waters
program in accordance with CWA the required match. Within a Reservation
section 319(b); and (4) have ‘‘treatment- Performance Partnership Grants (PPG) Section 518(e) of the CWA provides
as-a-state’’ (TAS) status in accordance enable Tribes to combine funds from that EPA may treat an Indian Tribe as
with CWA section 518(e). To be eligible more than one environmental program a State for purposes of section 319 of the
for NPS grants in FY 2006, Tribes must grant into a single grant with a single CWA if, among other things, ‘‘the
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meet these eligibility requirements as of budget. If the Tribe includes the section functions to be exercised by the Indian
October 14, 2005. 319 competitive grant as a part of an Tribe pertain to the management and
Some Tribes have formed intertribal approved PPG, the match requirement protection of water resources which are
consortia to promote cooperative work. may be reduced to 5 percent of the * * * within the borders of an Indian
An intertribal consortium is a allowable cost of the work plan budget reservation’’ (see 33 U.S.C. 1377(e)(2)).

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EPA already awards grants to Tribes vi. Roles and responsibilities of the section B.III.3.d to be considered for
under section 106 of the CWA for recipient and EPA in carrying out the work competitive funding for FY 2006.
activities performed outside of a plan commitments; and
vii. Reporting schedule and a description 3. Submission Dates and Times for
reservation (on condition that the Tribe
of the performance evaluation process that Proposals for Competitive Funding
obtains any necessary access agreements will be used that accounts for: (a) A
and coordinates with the State, as You may submit either a paper
discussion of accomplishments as measured
appropriate) that pertain to reservation against work plan commitments and
proposal or an electronic proposal
waters, such as evaluating impacts of anticipated environmental outcomes and through http://www.grants.gov (but not
upstream waters on water resources outputs; (b) a discussion of the cumulative both) for this announcement. If you
within a reservation. Similarly, EPA has effectiveness of the work performed under all submit a paper application, the
awarded section 106 grants to States to work plan components; (c) a discussion of appropriate EPA Regional Tribal NPS
conduct monitoring outside of State existing and potential problem areas; and (d) Coordinator must receive the SF 424
borders. EPA has concluded that grants suggestions for improvement, including, and proposed work plan described
where feasible, schedules for making above for competitive funding by 5 p.m.
awarded to an Indian Tribe pursuant to improvements.
section 319 may similarly be used to local time on March 1, 2006 (see section
perform eligible section 319 activities IV. Application and Submission B.VII for Agency contact information). If
outside of a reservation if: (1) The Information you submit your application
activity pertains to the management and electronically through
EPA will respond to questions from
protection of waters within a http://www.grants.gov, you must meet
individual applicants regarding
reservation; and (2) just as for on- the requirements for electronic
threshold eligibility criteria,
reservation activities, the Tribe meets all submission outlined in section B.IV.6
administrative issues related to the
other applicable requirements. below and your proposal must be
submission of the proposal/application,
received through http://www.grants.gov
ii. Activities That Are Unrelated to and requests for clarification about the
no later than 11:59 p.m. on March 1,
Waters of a Reservation announcement. Questions must be
2006. Any application packages
submitted before February 15, 2006 in
received after the due date will not be
As discussed above, EPA is writing to the appropriate EPA Regional
considered for funding.
authorized to award section 319 grants Tribal NPS Coordinator and written
to Tribes to perform eligible section 319 responses will be posted on EPA’s Web 4. Funding Restrictions
activities if the activities pertain to the site at: http://www.epa.gov/owow/nps/ The use of competitive funding for the
management and protection of waters tribal. In accordance with EPA’s development of a watershed-based plan
within a reservation and the Tribe meets Competition Policy (EPA Order will be limited to 20 percent of the
all other applicable requirements. In 5700.5A1), EPA staff will not meet with competitive award (e.g., up to $30,000
contrast, EPA is not authorized to award individual applicants to discuss draft of a $150,000 grant) to assure that these
section 319 grants for activities that do proposals, provide informal comments competitive funds are primarily focused
not pertain to waters of a reservation. on draft proposals, or provide advice to on implementation activities. If a Tribe
For off-reservation areas, including applicants on how to respond to ranking submits a work plan to develop a
‘‘usual and accustomed’’ hunting, criteria. Applicants are responsible for watershed-based plan, it must be
fishing, and gathering places, EPA must the contents of their applications. submitted as a component of the overall
determine whether the activities pertain work plan for implementing a
1. Address To Request Application
to waters of a reservation prior to watershed project (i.e., a Tribe will not
Package
awarding a grant. receive competitive funding only for the
Applicants may download individual
d. All work plans must be consistent development of a watershed-based
grant application forms, or
with the Tribe’s approved NPS plan).
electronically request a paper
management program and conform to
application package and an 5. Confidential Business Information
legal requirements that are applicable to
accompanying computer CD of In accordance with 40 CFR 2.203,
all environmental program grants
information related to applicants/grant applicants may claim all or a portion of
awarded to Tribes (see 40 CFR 35.505
recipients roles and responsibilities their application/proposal as
and 35.507) as well as the legal
from EPA’s Grants Web site by visiting: confidential business information. EPA
requirements that specifically apply to
http://www.epa.gov/ogd/grants/ will evaluate confidentiality claims in
NPS management grants (see 40 CFR
how_to_apply.htm. Applicants may also accordance with 40 CFR Part 2.
35.638). As provided in those
apply electronically through http:// Applicants must clearly mark
regulations, all proposed work plans
www.grants.gov as explained below. applications/proposals or portions of
must include:
2. Content and Form of Application applications/proposals they claim as
i. Description of each significant category
Submission confidential. If no claim of
of NPS activity to be addressed;
ii. Work plan components;
confidentiality is made, EPA is not
Please note that only the one-page required to make the inquiry to the
iii. Work plan commitments for each work Standard Form 424 needs to be included
plan component, including anticipated applicant otherwise required by 40 CFR
in the initial application, along with the 2.204(c)(2) prior to disclosure.
environmental outcomes and outputs (as work plan narrative described in this
required by EPA Order 5700.7) and the RFP. If your application is selected, the 6. Submission Instructions for
applicant’s plan for tracking and measuring entire grants package will need to be Electronic Applications Using
its progress towards achieving the expected Grants.gov
completed by June 5, 2006.
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outcomes and outputs identified in Section


B.I of this RFP; a. Signed Standard Form 424 (one page) In lieu of hard copy submission, you
iv. Estimated funding amounts for each may submit the proposal described
b. Narrative Work Plan above electronically through http://
work plan component;
v. Estimated work years for each work plan Tribes must submit a work plan www.grants.gov as explained below. The
component; following the required outline above in electronic submission of your proposal

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must be made by an official fields will be displayed in white. If you through Grants.gov. Please advise your
representative of your institution who is enter an invalid response or incomplete AOR to close all other software
registered with Grants.gov. For more information in a field, you will receive programs before attempting to submit
information, go to http://www.grants.gov an error message. When you have the application package through
and click on ‘‘Get Started,’’ and then finished filling out the form, click Grants.gov.
‘‘For AORs’’ (Authorized Organizational ‘‘Save.’’ When you return to the In the ‘‘Application Filing Name’’
Representative) on the left side of the electronic Grant Application Package box, your AOR should enter your
page. Note that the registration process page, click on the form you just organization’s name (abbreviate where
may take a week or longer to complete. completed, and then click on the box possible), the fiscal year (e.g., FY06),
If your organization is not currently that says, ‘‘Move Form to Submission and the grant category (e.g., Tribal 319
registered with Grants.gov, please List.’’ This action will move the Grants). The filing name should not
encourage your office to designate an document over to the box that says, exceed 40 characters. From the ‘‘Grant
AOR and ask that individual to begin ‘‘Mandatory Completed Documents for Application Package’’ page, your AOR
the registration process as soon as Submission.’’ may submit the application package by
possible. For document b, you will need to clicking the ‘‘Submit’’ button that
To begin the application process for attach electronic files containing the appears at the top of the page. The AOR
this grant program, go to http:// information required by section B.III.3.d will then be asked to verify the agency
www.grants.gov and click on ‘‘Apply for of this RFP. Prepare your work plan and and funding opportunity number for
Grants.’’ Then click on ‘‘Apply Step 1: save it to your computer as an MS which the application package is being
Download a Grant Application Package Word, PDF, or WordPerfect file. When submitted. If problems are encountered
and Application Instructions’’ to you are ready to attach your work plan during the submission process, the AOR
download the PureEdge viewer and to the application package, click on should reboot his/her computer before
obtain the application package (https:// ‘‘Project Narrative Attachment Form,’’ trying to submit the application package
www.apply.grants.gov/ and open the form. Click ‘‘Add again. [It may be necessary to turn off
forms_apps_idx.html). You may retrieve Mandatory Project Narrative File,’’ and the computer (not just restart it) before
the application package by entering then attach your work plan (previously attempting to submit the package again.]
either the CFDA number of 66.460 or saved to your computer) using the If the AOR continues to experience
Funding Opportunity Number EPA– browse window that appears. You may submission problems, he/she may
OW–OWOW–06–2 in the space then click ‘‘View Mandatory Project contact Grants.gov for assistance by
provided. You may also be able to Narrative File Filename;’’ the file name phone at 1–800–518–4726 or e-mail at
access the application package by should be no more than 40 characters support@grants.gov.
clicking on the button at the bottom long. If there are other attachments that If you have not received a
right side of the synopsis on http:// you would like to submit to accompany confirmation of receipt from EPA (not
www.grants.gov that says ‘‘Apply for your proposal, you may click ‘‘Add from support@grant.gov) within 30 days
Grants Electronically.’’ Optional Project Narrative File’’ and of the application deadline, please
Your organization’s AOR must submit proceed as before. When you have contact the appropriate EPA Regional
your complete proposal electronically to finished attaching the necessary Tribal NPS Coordinator identified in
EPA through Grants.gov (http:// documents, click ‘‘Close Form.’’ When section B.VII below. Failure to do so
www.grants.gov) no later than 11:59 you return to the ‘‘Grant Application may result in your application not being
p.m. on March 1, 2006. The application Package’’ page, select the ‘‘Project reviewed.
package must include the following Narrative Attachment Form’’ and click
materials: ‘‘Move Form to Submission List.’’ The V. Application Review Information
form should now appear in the box that 1. Selection Criteria for Competitive
a. Signed Standard Form 424 says, ‘‘Mandatory Completed Grants
Complete the form. There are no Documents for Submission.’’
attachments. Please be sure to include Once you have finished filling out all Tribes submitting proposals for
organization fax number and e-mail of the forms/attachments and they competitive grants must comply with all
address in Block 5 of the Standard Form appear in one of the ‘‘Completed of the threshold evaluation criteria
424. Documents for Submission’’ boxes, click described in section B.III.3 in order to
the ‘‘Save’’ button that appears at the be considered for further evaluation
b. Narrative Work Plan top of the Web page. It is suggested that under this section. The EPA Regional
The work plan must include the you save the document a second time, Tribal NPS Coordinator will determine
minimum components set forth in using a different name, since this will whether the proposals comply with the
section B.III.3.d of this RFP and will be make it easier to submit an amended threshold evaluation criteria, and will
evaluated based on the selection criteria package later if necessary. Please use the forward proposals that do to EPA
set forth below in section B.V.1 of this following format when saving your file: Headquarters NPS Control Branch for
announcement. Applicants who elect to ‘‘Applicant Name—FY06 Tribal 319 distribution to EPA’s Watershed Project
use http://www.grants.gov to apply will Competitive Grants—1st Submission’’ or Review Committee. Proposals that do
need to refer to section B.III.3.d of this ‘‘Applicant Name—FY06 Tribal 319 not comply with the threshold
RFP when preparing the work plan. Competitive Grants—Back-up evaluation criteria will be rejected and
Documents a and b listed above Submission.’’ If it becomes necessary to not evaluated under this section.
should appear in the ‘‘Mandatory submit an amended package at a later EPA’s Watershed Project Review
Documents’’ box on the Grants.gov date, then the name of the 2nd Committee will evaluate proposals by
Grant Application page. submission should be changed to assigning a value of 0 to 5 (with 5 being
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For Document a, click on the SF424 ‘‘Applicant Name—FY06 Tribal 319 highest) for each factor described below
form and then click ‘‘Open Form’’ below Competitive Grants—2nd Submission.’’ based upon how well the following list
the box. The fields that must be Once your application package has of specific elements are represented in
completed will be highlighted in been completed and saved, send it to the work plan. Each factor has been
yellow. Optional fields and completed your AOR for submission to U.S. EPA assigned a specific weight which will be

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multiplied (by a value of 0–5) to specific management measures and identified. (Weight = 15; 75 points
calculate a total point score for the practices to be implemented). maximum.)
particular factor. The scores for each d. The extent to which significant The work plan will be evaluated
factor are then combined to result in a water quality benefits will be achieved based upon how specifically and clearly
total score for the overall work plan— as a result of the project. (Weight = 20; it defines the roles and responsibilities
the total maximum score available is 100 points maximum.) of each responsible party in relation to
900. The work plan will be evaluated each work plan component, which may
EPA’s Watershed Project Review based upon the extent to which it include, but is not limited to, the
Committee will evaluate proposals for describes how significant water quality following: defining the specific level of
competitive grants based upon the benefits will be achieved as a result of effort for the responsible parties for each
following evaluation factors (and the project, either through restoring work plan component; identifying
corresponding weights): NPS-impaired waters or addressing parties who will take the lead in
a. The extent, and quality, to which threats to unimpaired waters. EPA carrying out the work plan
the subcategories of NPS pollution are encourages Tribes to incorporate commitments; and identifying other
identified and described. (Weight = 20; specific water quality-based goals that programs, parties, and agencies that will
100 points maximum.) are linked to: Load reductions; water provide additional technical and/or
The work plan will be evaluated quality standards for one or more financial assistance.
based upon the extent, and quality, to pollutants/uses; NPS total maximum h. The extent to which the
which it identifies each significant daily load allocations; measurable, in- performance evaluation process
subcategory of NPS pollution. Since stream reductions in a pollutant; or includes specific, measurable, and
identifying the categories of NPS improvements in a parameter that objective factors that are clearly linked
pollution (e.g., agriculture) is a indicates stream health (e.g., increases to specific work plan activities
in fish or macroinvertebrate counts). If throughout the project period and the
threshold evaluation criteria, the
information is not available to make anticipated environmental outcomes
proposed work plan will be evaluated
specific estimates, water quality-based and outputs. (Weight = 15; 75 points
based upon how well it identifies
goals may include narrative descriptions maximum.)
sources at the subcategory level with The work plan will be evaluated
and best professional judgment based on
estimates of the extent to which these based on the extent to which the
existing information.
subcategories are present in the e. The specificity of the budget in performance evaluation process
watershed (e.g., X number of dairy cattle relation to each work plan component. includes specific, measurable, and
feedlots needing upgrading, including a (Weight = 15; 75 points maximum.) objective factors that are clearly linked
rough estimate of the number of cattle The work plan will be evaluated to specific work plan activities
per facility; Y acres of row crops based upon the level of specificity of the throughout the project period and how
needing improved nutrient management budget in relation to each work plan clearly it tracks and measures progress
or sediment control; or Z linear miles of component, and the extent to which it towards achieving the expected
eroded streambank needing outlines the total operational and outcomes and outputs identified in
remediation). construction costs of the project Section B.I.
b. The extent, and quality, to which (including match). Budget categories i. The extent, and quality, to which
the water quality problems or threats to may include, but are not limited to, the the proposal addresses one of the
be addressed are identified and following items: personnel; travel; following four factors (for factors 1, 2,
described. (Weight = 20; 100 points equipment; supplies; contractual; and and 3 the applicant must include the
maximum.) construction costs. information described in Attachment A
The work plan will be evaluated f. The level of detail in relation to the in its work plan). (Weight = 40; 200
based upon the extent, and quality, to schedule for achieving the activities points maximum.)
which it identifies each water quality identified in the work plan. (Weight = 1: The proposed work plan develops
problem or threat to be addressed 15; 75 points maximum.) a watershed-based plan and implements
caused by the subcategories of NPS The work plan will be evaluated a watershed-based plan.
pollution identified in evaluation factor based upon the level of detail and If a work plan includes a plan to
(a) above. EPA encourages Tribes to clarity that it includes in relation to the develop a watershed-based plan, it will
incorporate specific descriptions of schedule of activities for each work plan be evaluated based on the extent to
water quality problems or threats, for component. Such information includes, which it: Includes a commitment to
example, in relation to impairments to but is not limited to, the following: incorporate the nine components of a
water quality standards or other identifies a specific ‘‘start’’ and ‘‘end’’ watershed-based plan described in
parameters that indicate stream health date for each work plan component; an Attachment A; clearly identifies the
(e.g., decreases in fish or estimate of the specific work years for geographical coverage of the watershed;
macroinvertebrate counts). each work plan component; and interim includes a specific schedule for
c. The extent, and quality, to which milestone dates for achieving each work developing the watershed-based plan;
the goals and objectives of the project plan component. A proposal that and clearly identifies the estimated
specifically identify the project location includes a schedule that can be funds that will be used to develop the
and activities to be implemented. implemented with minimal delay upon watershed-based plan (not to exceed 20
(Weight = 20; 100 points maximum.) the award of the grant (i.e., indicates a percent of the overall competitive
The work plan will be evaluated ‘‘readiness to proceed’’) will score grant).
based upon how well it specifically higher than proposals which may If a Tribe submits a work plan to
identifies where the NPS project will require significant further action before implement a watershed-based plan, it
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take place and the waterbody affected the project can be implemented. will be evaluated based on the extent to
by the NPS pollutants (provides map); g. The extent to which the roles and which it: Is accompanied by a statement
and the level of detail provided in responsibilities of the recipient and that the Region finds that the watershed-
relation to the specific activities that project partners in carrying out the work based plan to be implemented includes
will be implement (e.g., identifies plan activities are specifically the nine components of a watershed-

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Federal Register / Vol. 71, No. 10 / Tuesday, January 17, 2006 / Notices 2541

based plan identified in Attachment A; watershed-based plan that will be that all Committee members fully
identifies and briefly summarizes the implemented; and describes how the understand how to objectively and
watershed-based plan that will be proposed work plan will make progress consistently apply the criteria discussed
implemented; and describes how the towards achieving the overall goals of above. Scores for each proposal will be
proposed work plan will make progress the watershed-based plan and the developed by each Committee member
towards achieving the overall goals of specific water quality-based goals based on evaluating proposals against
the watershed-based plan and the identified in the watershed-based plan. the factors identified above in
specific water quality-based goals 4: The proposed work plan accordance with the weighting system
identified in the watershed-based plan. implements a watershed project that is described in section B.V.1.
2: The proposed work plan develops a significant step towards solving NPS
a watershed-based plan and implements impairments or threats on a watershed- On or around April 26, 2006, the
a watershed project (that does not wide basis. Committee will forward the scores for
implement a watershed-based plan). If a work plan is designed to each proposal to EPA Headquarters NPS
If a work plan includes a plan to implement a watershed project that is Control Branch. Based on these scores,
develop a watershed-based plan, it will not implementing a watershed-based EPA Headquarters NPS Control Branch
be evaluated based on the extent to plan, it will be evaluated based on the will calculate the average score for each
which it: Includes a commitment to extent to which can be linked to or proposal and then rank the proposals
incorporate the nine components of a expanded upon to address NPS based on the resulting average scores.
watershed-based plan described in impairments or threats on a watershed- On or around May 3, 2006, EPA
Attachment A; clearly identifies the wide basis. For example, a work plan Headquarters NPS Control Branch will
geographical coverage of the watershed; that sets a precedent for future send the resulting average scores and
includes a specific schedule for implementation on a watershed-basis rankings to the Committee and hold a
developing the watershed-based plan; will be ranked higher than a work plan conference call to provide a final
and clearly identifies the estimated that implements an individual opportunity for members of the
funds that will be used to develop the demonstration project designed to Committee to discuss the rankings based
watershed-based plan (not to exceed 20 address an individual threat or problem. on the average scores. The Committee
percent of the overall competitive will then make funding
2. Review and Selection Process for
grant). recommendations to EPA Headquarters
If a work plan is designed to Competitive Funding
NPS Control Branch based on these
implement a watershed project that is The EPA Regional Tribal NPS rankings; however, in making the
not implementing a watershed-based Coordinators will determine whether funding recommendations, in addition
plan, it will be evaluated based on the the proposals comply with the threshold to considering the rankings, the
extent to which it can be linked to or evaluation criteria described in section Committee may also give priority
expanded upon to address NPS B.III.3, and will forward those proposals consideration to high quality proposals
impairments or threats on a watershed- that meet the threshold evaluation that are designed to develop and/or
wide basis. For example, a work plan criteria to EPA Headquarters NPS implement a watershed-based plan. EPA
that sets a precedent for future Control Branch by approximately March Headquarters NPS Control Branch then
implementation on a watershed-basis 15, 2006. will make the final funding decision
will be ranked higher than a work plan EPA will establish a Watershed based on the Committee’s
that implements an individual Project Review Committee (Committee) recommendations.
demonstration project designed to comprised of nine EPA staff, including
three EPA Regional State NPS The Committee will use the following
address an individual threat or problem.
3: The proposed work plan Coordinators, three EPA Regional Tribal ‘‘Competitive Work Plan Evaluation
implements a watershed-based plan. NPS Coordinators, two staff members of Review Sheet’’ to rank proposed work
If a Tribe submits a work plan to the EPA Headquarters NPS Control plans in accordance with the evaluation
implement a watershed-based plan, it Branch, and one staff member of EPA’s criteria discussed above.
will be evaluated based on the extent to American Indian Environmental Office. Competitive Work Plan Evaluation
which it: Is accompanied by a statement EPA Headquarters NPS Control Review Sheet
that the Region finds that the watershed- Branch will forward copies of the
based plan to be implemented includes proposed work plans for competitive Tribe Namellllllllll
the nine components of a watershed- funding to the Committee and hold a Reviewerllll(Weight × Value =
based plan identified in Attachment A; conference call with the Committee on Score) (Value: 0 is Lowest; 5 is Highest)
identifies and briefly summarizes the or around March 29, 2006, to ensure (Maximum ‘‘Max’’ Score is 900)

Weight Evaluation factors Value Score

20 ........ (1) The extent, and quality, to which the subcategories of NPS pollution are identified and described. Com- 5 Max .. 100 Max.
ments (strengths, weaknesses):
20 ........ (2) The extent, and quality, to which the water quality problems or threats to be addressed are identified and 5 Max .. 100 Max.
described. Comments (strengths, weaknesses):
20 ........ (3) The extent, and quality, to which the goals and objectives of the project specifically identify the project lo- 5 Max .. 100 Max.
cation and activities to be implemented. Comments (strengths, weaknesses):
20 ........ (4) The extent to which significant water quality benefits will be achieved as a result of the project. Comments 5 Max .. 100 Max.
(strengths, weaknesses):
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15 ........ (5) The specificity of the budget in relation to each work plan component. Comments (strengths, weak- 5 Max .. 75 Max.
nesses):
15 ........ (6) The level of detail in relation to the schedule for achieving the activities identified in the work plan. Com- 5 Max .. 75 Max.
ments (strengths, weaknesses):
15 ........ (7) The extent to which the roles and responsibilities of the recipient and project partners in carrying out the 5 Max .. 75 Max.
work plan activities are specifically identified. Comments (strengths, weaknesses):

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2542 Federal Register / Vol. 71, No. 10 / Tuesday, January 17, 2006 / Notices

Weight Evaluation factors Value Score

15 ........ (8) The extent to which the performance evaluation process includes specific, measurable, and objective fac- 5 Max .. 75 Max.
tors that are clearly linked to specific work plan activities throughout the project period and the anticipated
environmental outcomes and outputs. Comments (strengths, weaknesses):
40 ........ (9) The extent, and quality, to which the proposal addresses one of the following four factors: 5 Max .. 200 Max.
(a) The proposed work plan develops a watershed-based plan and implements a watershed-based plan.
(b) The proposed work plan develops a watershed-based plan and implements a watershed project (that
does not implement a watershed-based plan).
(c) The proposed work plan implements a watershed-based plan.
(d) The proposed work plan implements a watershed project that is a significant step towards solving NPS
impairments or threats on a watershed-wide basis. Comments (strengths, weaknesses):

Total Maximum Score 900

3. Anticipated Announcement and at: http://www.epa.gov/ogd/AppKit/ 3. Reporting


Award Dates appplicable_epa_regulations_
and_description.htm. As provided in 40 CFR 31.40, 31.41,
On or around May 5, 2006, EPA 35.507, 35.515, and 35.638, all section
Headquarters NPS Control Branch will b. All applicants are required to
provide a Dun and Bradstreet (D&B) 319 grants must include a set of
select the proposals for award and
Data Universal Numbering System reporting requirements and a process for
announce to the Regions which Tribes’
work plans have been selected for (DUNS) number when applying for a evaluating performance. Some of these
competitive funding. These Tribes will Federal grant or cooperative agreement. requirements have been explicitly
be notified immediately by phone or e- Applicants can receive a DUNS number, incorporated into the required work
mail, with a written letter to follow. at no cost, by calling the dedicated plan components that all Tribes must
tollfree DUNS Number request line at 1– include in order to receive section 319
VI. Award Administration Information 866–705–5711, or visiting the D&B Web grant funding.
1. Award Notices site at: http://www.dnb.com. The work plan components required
c. Pursuant to CWA section for section 319 funding, specifically
Following final selections, all
319(h)(12), administrative costs in the those relating to work plan
applicants will be notified regarding
form of salaries, overhead, or indirect commitments and timeframes for their
their application’s status.
a. EPA anticipates notification to costs for services provided and charged
accomplishment, facilitate the
successful applicant(s) will be made by against activities and programs carried
management and oversight of Tribal
the appropriate EPA Regional Tribal out with the grant shall not exceed 10
grants by providing specific activities
NPS Coordinator via telephone, percent of the grant award. The costs of
implementing enforcement and and outputs by which progress can be
electronic, or postal mail on or around monitored. The performance evaluation
May 5, 2006. This notification, which regulatory activities, education, training,
technical assistance, demonstration process and reporting schedule (both
advises that the applicant’s proposal has work plan components) also establish a
been selected and is being projects, and technology transfer are not
subject to this limitation. formal process by which
recommended for award, is not an accomplishments can be measured.
authorization to begin performance. The d. For a Tribe (or intertribal
consortium) that received section 319 Additionally, the satisfactory progress
award notice signed by the EPA award determination (for Tribes that received
official is the authorizing document and funds in the preceding fiscal year,
section 319(h)(8) of the CWA requires section 319 funding in the preceding
will be provided through postal mail. At
that the Region determine whether the fiscal year) helps ensure that Tribes are
a minimum, this process can take 90
Tribe made ‘‘satisfactory progress’’ making progress in achieving the goals
days from the date of selection
during the previous fiscal year in in their NPS management programs.
notification.
b. EPA anticipates notification to meeting the schedule of activities Regions will ensure that the required
unsuccessful applicant(s) will be made specified in its approved NPS evaluations are performed according to
by the appropriate EPA Regional Tribal management program in order to receive the negotiated schedule (at least
NPS Coordinator via electronic or postal section 319 funding in the current fiscal annually) and that copies of evaluation
mail within 15 calendar days after final year. The Region will base this reports are placed in the official files
selection of successful applicants. In determination on an examination of and provided to the recipient.
either event, the notification will be sent Tribal activities, reports, reviews, and
to the signer of the application. other documents and discussions with 4. Dispute Resolution
c. The appropriate EPA Regional the Tribe in the previous year. Regions
must include in each section 319 grant Assistance agreement competition-
Tribal NPS Coordinator will notify
(or in a separate document, such as the related disputes will be resolved in
applicants which do not meet the
grant-issuance cover letter, that is accordance with the dispute resolution
threshold eligibility criteria under
section B.III.3 within 15 calendar days signed by the same EPA official who procedures published in 70 FR 3629,
of EPA’s decision on applicant signs the grant), a written determination 3630 (January 26, 2005) which can be
eligibility. that the Tribe has made satisfactory found at http://a257.g.akamaitech.net/
progress during the previous fiscal year 7/257/2422/01jan20051800/
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2. Administrative and National Policy in meeting the schedule of milestones edocket.access.gpo.gov/2005/05-


Requirements specified in its NPS management 1371.htm. Copies of these procedures
a. A listing and description of general program. The Regions must include may also be requested by contacting the
EPA regulations applicable to the award brief explanations that support their EPA Regional Tribal NPS Coordinator
of assistance agreements may be viewed determinations. listed in section B.VII below.

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VII. Agency Contacts: EPA Headquarters telephone: 1–800–735–2922, relay to achieve a water quality-based goal
and Regional Tribal NPS Coordinators #415–972–3404; e-mail: described in element 3 below, as well as to
eastman.tiffany@epa.gov. achieve other watershed goals identified in
EPA Headquarters—Stacie Craddock, the watershed-based plan, and an
Office of Wetlands, Oceans, and Region X—Alaska, Idaho, Oregon,
identification (using a map or a description)
Watersheds, Assessment and Watershed Washington; Krista Mendelman; mailing of the critical areas which those measures
Protection Division, telephone: 202– address: U.S. EPA Region X, 1200 6th will be needed to implement the plan.
566–1204; e-mail: Avenue (MC: OWW–137), Seattle, WA 3. An estimate of the water quality-based
craddock.stacie@epa.gov. 98101; telephone: 206–553–1571; e- goals expected to be achieved by
Region I—Connecticut, Maine, mail: mendelman.krista@epa.gov. implementing the measures described in
element 2 above. To the extent possible,
Massachusetts, New Hampshire, Rhode VIII. Other Information estimates should identify specific water
Island, Vermont; Warren Howard; quality-based goals, which may incorporate,
mailing address: U.S. EPA Region I, 1 1. Anticipated Deadlines and Milestones
for FY 2007 Competitive Grants for example: load reductions; water quality
Congress Street, Suite 1100, Boston, MA standards for one or more pollutants/uses;
02203; telephone: 617–918–1587; e- Beginning in FY 2007, the schedule NPS total maximum daily load allocations;
mail: howard.warren@epa.gov. for submitting work plans and awarding measurable, in-stream reductions in a
Region II—New Jersey, New York, section 319 competitive grants will be pollutant; or improvements in a parameter
Puerto Rico, U.S. Virgin Islands; Donna modified to expedite the grant awards that indicates stream health (e.g., increases in
Somboonlakana; mailing address: U.S. process. These modifications are fish or macroinvertebrate counts). If
information is not available to make specific
EPA Region II, 290 Broadway—24th intended to ensure that award decisions estimates, water quality-based goals may
Floor (MC DEPP:WPB), New York, New are made earlier in the fiscal year to include narrative descriptions and best
York 10007; telephone: 212–637–3700; provide adequate time for Tribes to professional judgment based on existing
e-mail: somboonlakana.donna@epa.gov. implement work plans within the information.
Region III—Delaware, Maryland, applicable fiscal year. The following 4. An estimate of the amounts of technical
Pennsylvania, Virginia, West Virginia, estimated dates are provided in order to and financial assistance needed, associated
Washington, DC; Fred Suffian; mailing assist Tribes in planning for EPA’s FY costs, and/or the sources and authorities that
address: U.S. EPA Region III, 1650 Arch 2007 funding cycle for competitive will be relied upon to implement the plan.
Street, Philadelphia, PA 19103; grants: As sources of funding, Tribes should
consider other relevant Federal, State, local
telephone: 215–814–5753; e-mail: Date for Tribes to be eligible for 319
and private funds that may be available to
suffian.fred@epa.gov. grants. October 13, 2006. assist in implementing the plan.
Region IV—Alabama, Florida, Tribes submit competitive grant 5. An information and education
Georgia, Kentucky, Mississippi, North proposals. December 1, 2006 component that will be used to enhance
Carolina, South Carolina, Tennessee; (anticipated). public understanding and encourage early
Yolanda Brown; mailing address: U.S. Headquarters notifies Regions/Tribes and continued participation in selecting,
EPA Region IV, Sam Nunn Atlanta of selections. March 5, 2007 designing, and implementing the NPS
Federal Center, 61 Forsyth Street, SW., (anticipated). management measures that will be
Atlanta, GA 30303; telephone: 404–562– Tribes submit final grant application implemented.
9451; e-mail: brown.yolanda@epa.gov. 6. A schedule for implementing the NPS
to Region. April 5, 2007 (anticipated).
management measures identified in this plan
Region V—Illinois, Indiana, Michigan, Other than the date EPA will use to that is reasonably expeditious.
Minnesota, Ohio, Wisconsin; Daniel determine eligibility to receive 319 7. A description of interim, measurable
Cozza; mailing address: U.S. EPA grants, the dates above are the milestones for determining whether NPS
Region V, 77 West Jackson Blvd. (MC: anticipated dates for those actions. management measures or other control
WS–15J), Chicago, IL 60604; telephone: actions are being implemented.
2. Right to Reject All Proposals 8. A set of criteria that can be used to
312–886–7252; e-mail:
cozza.daniel@epa.gov. EPA reserves the right to reject all determine whether the water quality-based
Region VI—Arkansas, Louisiana, New proposals or applications and make no goals are being achieved over time and
Mexico, Oklahoma, Texas; George Craft; award as a result of this announcement. substantial progress is being made towards
The EPA Grant Award Officer is the attaining water quality-based goals and, if
mailing address: U.S. EPA Region VI, not, the criteria for determining whether the
1445 Ross Avenue, Dallas, TX 75202; only official that can bind the Agency to watershed-based plan needs to be revised.
telephone: 214–665–6684; e-mail: the expenditure of funds for selected 9. A monitoring component to evaluate the
craft.george@epa.gov. projects resulting from this effectiveness of the implementation efforts
Region VII—Iowa, Kansas, Missouri, announcement. over time, measured against the criteria
Nebraska; Peter Davis; mailing address: Attachment A—Components of a Watershed- established under element 8 above.
U.S. EPA Region VII, 901 N. 5th Street, Based Plan [FR Doc. E6–408 Filed 1–13–06; 8:45 am]
Kansas City, KS 66101; telephone: 913–
1. An identification of the causes and BILLING CODE 6560–50–P
551–7372; e-mail: davis.peter@epa.gov. sources or groups of similar sources that will
Region VIII—Colorado, Montana, need to be controlled to achieve the goal
North Dakota, South Dakota, Utah, identified in element 3 below. Sources that ENVIRONMENTAL PROTECTION
Wyoming; Mitra Jha; mailing address: need to be controlled should be identified at AGENCY
U.S. EPA Region VIII, 999 18th Street, the significant subcategory level with
Suite 300 (MC: EPR–EP), Denver, CO estimates of the extent to which they are [EPA–HQ–OPP–2004–0337; FRL–7757–3]
80202; telephone: 303–312–6895; e- present in the watershed (e.g., X number of
mail: jha.mitra@epa.gov. dairy cattle feedlots needing upgrading, Ferbam Reregistration Eligibility
Region IX—Arizona, California, including a rough estimate of the number of Decision; Notice of Availability;
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cattle per facility; Y acres of row crops Correction


Hawaii, Nevada, American Samoa, needing improved nutrient management or
Mariana Islands, Guam; Tiffany sediment control; or Z linear miles of eroded AGENCY: Environmental Protection
Eastman; mailing address: U.S. EPA streambank needing remediation). Agency (EPA).
Region IX, 75 Hawthorne Street (MC: 2. A description of the NPS management ACTION: Notice; correction.
WTR–10), San Francisco, CA 94105; measures that will need to be implemented

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