To assist States, the District of Colombia, American Samoa, Guam, Northern Marianas, Puerto Rico, Pacific Trust Territories, Virgin Islands (hereinafter referred to as States), and qualified Indian Tribes and intertribal consortia in implementing EPA-approved Section 319 nonpoint source management programs.

Funding

credit: ALERT Project Official Site

Priority - Fiscal Year 2008: EPA's funding priority is to award grants that promote the development and implementation of watershed-based plans, focusing on watersheds with water quality impairments caused by nonpoint sources, which result in improved water quality in impaired waters.

These watershed plans are a mechanism to coordinate monitoring and planning on a watershed basis and will build a foundation for effective implementation actions using federal and other funding.

Nonpoint Source implementation projects include best management practice (BMP) installation for animal wastes, sediment, pesticide and fertilizer control, a variety of other structural and non-structural practices, watershed planning, monitoring, watershed coordinators, technology demonstration, and a variety of education/outreach programs, among others.

Funding Priority - Fiscal Year 2009: EPA's funding priority is to award grants that promote the development and implementation of watershed-based plans, focusing on watersheds with water quality impairments caused by nonpoint sources, which result in improved water quality in impaired waters.

These watershed plans are a mechanism to coordinate monitoring and planning on a watershed basis and will build a foundation for effective implementation actions using federal and other funding.

Nonpoint Source implementation projects include best management practice (BMP) installation for animal wastes, sediment, pesticide and fertilizer control, a variety of other structural and non-structural practices, watershed planning, monitoring, watershed coordinators, technology demonstration, and a variety of education/outreach programs, among others.

Grants have been awarded annually to all States and selected Tribes. Grant funds were used by States and Tribes to implement portions of their NPS management programs. In FY 07 and FY 08, 56 grant awards were made to States and Territories. Additional information regarding selected projects is available in Section 319 Success Stories, available online at http://www.epa.gov/owow/nps/Success319/. An estimate of load reductions resulting from CWA Section 319(h) funded projects from the time period February 2007 - February 2008 is as follows: nitrogen: 19,079,455 pounds; phosphorus: 7,482,668 pounds; sediment: 3,949,938 tons. These load reduction totals are mostly from FY 07 grant funded projects. Data for FY 08 funded projects is not available at this time.

Uses and Use Restrictions

Funds are provided to eligible applicants to carry out nonpoint source projects and programs pursuant to Section 319 of the Clean Water Act as amended by the Water Quality Act of 1987.

Requirements under Section 319(h) include: nonfederal matching funds of at least 40 percent of project cost (match is an overall grant requirement in a few cases, the match requirement for an individual project may be waived.

In-kind services may be used as match); maintenance of effort; grants may be used for financial assistance to individual persons in the case of demonstration projects only; annual reporting; and EPA determinations of adequate recipient progress before additional funding.

Currently applicable EPA guidelines issued on October 23, 2003, identify the basic process and restrictions for funding.

These guidelines are available on the Web at: http://www.epa.gov/fedrgstr/EPA-WATER/2003/October/Day-23/w26755.htm.

Assistance agreement awards under this program may involve or relate to geospatial information.

Further information regarding geospatial information may be obtained by viewing the following website: http://geodata.epa.gov.

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Eligibility Requirements

Applicant Eligibility

States and qualified Indian Tribes and intertribal consortia.

Grants to States are awarded by formula.

The State allotment is awarded to a single agency in each State designated by the chief executive as the lead nonpoint source agency.

The lead nonpoint source agency may distribute grant funds to other organizations in accordance with its work program, which is approved by EPA.

Eligible Tribes are allocated a base allotment by formula; the remaining Tribal portion of the 319(h) appropriation is competed among qualified Indian Tribes and intertribal consortia.

For certain competitive funding opportunities under this CFDA description, the Agency may limit eligibility to compete to a number or subset of eligible applicants consistent with the Agency's Assistance Agreement Competition Policy.

Beneficiary Eligibility

State and local governments; interstate and intrastate agencies; federally recognized Indian tribal governments; intertribal consortia; the following U.S. territory or possessions: the District of Columbia, American Samoa, Guam, Northern Marianas, Puerto Rico, Pacific Trust Territories, Virgin Islands; public and private nonprofit organizations and institutions. The lead nonpoint source agency may distribute grant funds to other organizations in accordance with a work program which is approved by EPA.

Credentials/Documentation

The provisions of OMB Circular No. A-87 "Cost Principles for State, Local and Indian Tribal Governments" apply.

Aplication and Award Process

Preapplication Coordination

Preapplication coordination with the appropriate EPA Regional Office, listed in Appendix IV of the Catalog, is recommended.

The standard application forms, as furnished by the Federal agency and required by OMB Circular No.

A-102, must be used for this program.

Regarding pre-application/pre-proposal assistance with respect to competitive funding opportunities under this program description, EPA will generally specify the nature of the pre-application/pre-proposal assistance, if any, that will be available to applicants in the competitive announcement.

For additional information, contact the individual(s) listed as "Information Contacts" or see Appendix IV of the Catalog.

This program is eligible for coverage under E.O.

12372, "Intergovernmental Review of Federal Programs." An applicant should consult the office or official designated as the single point of contact in his or her State for more information on the process the State requires to be followed in applying for assistance, if the State has selected the program for review.

Application Procedures

Grant application by States must be submitted to the appropriate EPA Regional Office (refer to Appendix IV of the Catalog for a list of Regional Offices). Grant applications by subgrantees within a State (after EPA has made a grant award to the State) must be submitted to the State agency that administers Section 319 grants. The list of State nonpoint source contacts for subgrantees is available on the Web at http://www.epa.gov/owow/nps/contacts.html. Applicants may be able to use http://www.grants.gov to electronically apply for certain grant opportunities under this CFDA.

Award Procedures

Grant applications must be submitted by the State to the appropriate EPA Regional Office to determine the overall adequacy of the application to meet the statutory objectives. Funds are awarded to States by formula. Award procedure by States to subgrantees varies by State. The list of State nonpoint source contacts is available on the Web at http://www.epa.gov/owow/nps/contacts.html. Eligible Tribes get a base grant; Tribes compete for the rest of the Tribal portion of the total 319(h) appropriation. For competitive awards, EPA will review and evaluate applications, proposals, and/or submissions in accordance with the terms, conditions, and criteria stated in the competitive announcement. Competitions will be conducted in accordance with EPA policies/regulations for competing assistance agreements.

Deadlines

State grant applications must be submitted according to the dates established by the EPA Regional Offices. Consult the appropriate EPA Regional Office for details. Subgrantee deadlines for applications to state agencies varies by state.

Authorization

Clean Water Act, Title III, Section 319(h).

Range of Approval/Disapproval Time

EPA generally awards grants to States within 60 days after the application is submitted.

Appeals

Assistance agreement competition-related disputes will be resolved in accordance with the dispute resolution procedures published in 70 FR (Federal Register) 3629, 3630 (January 26, 2005). Copies of these procedures may also be requested by contacting the individual(s) listed as "Information Contacts." Disputes relating to matters other than the competitive selection of recipients will be resolved under 40 CFR 30.63 or 40 CFR 31.70, as applicable.

Renewals

Not applicable.

Assistance Considerations

Formula and Matching Requirements

Nonfederal match of at least 40 percent of project or program costs is required except for grants to Indian Tribes, where following demonstration of financial hardship, the nonfederal match may be reduced to as low as 10 percent of project or program costs. States must also meet maintenance of effort requirements contained in statute. EPA awards grants to all eligible States and Tribes which apply for funding based on an allocation formula that the Agency developed. The allocation formula is described in current operational grant guidelines published in a Federal Register notice (68 FR 75776) issued on October 23, 2003. The guidelines can be found at http://www.epa.gov/fedrgstr/EPA-WATER/2003/October/Day-23/w26755.htm.

Length and Time Phasing of Assistance

As determined in accordance with Section 319 (h).

Post Assistance Requirements

Reports

Annual expenditure reports are requested.

Progress reports are generally required at least semi-annually.

Audits

Grants and cooperative agreements are subject to inspections and audits by the Comptroller General of the United States, the EPA Office of Inspector General, other EPA staff, or any authorized representative of the Federal government. Reviews by the EPA Project Officer and the Grants Specialist may occur each year. In accordance with the provisions of OMB Circular No. A-133 (Revised, June 27, 2003), "Audits of States, Local Governments, and Nonprofit Organizations," nonfederal entities that expend $500,000 or more in a year in Federal awards shall have a single or a program-specific audit conducted for that year. Nonfederal entities that expend less than $500,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in OMB Circular No. A-133.

Records

Financial records, including all documents to support entries on accounting records and to substantiate charges to each grant, must be kept available to personnel authorized to examine EPA grant accounts. All records must be kept for three years from date of submission of the annual financial status report. If questions remain, records must be retained until the matter is completely resolved.

Financial Information

Account Identification

68-0103-0-1-304; STAG.

Obigations

FY 07 $199,300,000; FY 08 $200,857,000; and FY 09 est. $184,540,000.

Range and Average of Financial Assistance

States/Territories: $521,100 to 10,302,300 (FY 08); $3,443,900 (FY 08). Indian Tribes: base grants $30,000 to 50,000; competitive grants up to $150,000 (FY 08). Ranges vary year-to-year based on size of appropriation (and also varies depending on number of applicants for grants to Indian Tribes or intertribal consortia).

Regulations, Guidelines, and Literature

Current operational grant guidelines are Nonpoint Source Program and Grants Guidelines for States and Territories (Oct. 23, 2003). The guidelines can be found at http://www.epa.gov/fedrgstr/EPA-WATER/2003/October/Day-23/w26755.htm.

Information Contacts

Regional or Local Office

Contact the appropriate EPA Regional Office listed in Appendix IV of the Catalog. A list of specific EPA Regional nonpoint source contacts is available on the Web at: http://www.epa.gov/owow/nps/contacts.html. The list of specific EPA Tribal nonpoint source contacts is available on the Web at: http://www.epa.gov/owow/nps/tribal.

Headquarters Office

Andrea Matzke, Nonpoint Source Control Branch, Assessment and Watershed Protection Division, Office of Wetlands, Oceans and Watersheds, (4503T), EPA, Ariel Rios Building, 1200 Pennsylvania Avenue, N.W., Washington, DC 20460. Telephone: (202) 566-1150; Fax: (202) 566-1545; E-mail: matzke.andrea@epa.gov.

Criteria for Selecting Proposals

The evaluation and selection criteria for competitive awards under this CFDA description will be described in the competitive announcement. Funds are awarded to States in accordance with Section 319 (h). For selection processes within individual States, contact the appropriate State NPS coordinators. A list of these coordinators is available at: http://www.epa.gov/owow/nps/contacts.html.