Puget Sound Protection and Restoration: Tribal Implementation Assistance Program

Puget Sound has been designated an estuary of National Significance under §320 of the Clean Water Act.

The goal of all 28 National Estuary Programs is to attain and maintain water quality in designated
estuaries that would assure protection of public water supplies and the protection and propagation of a balanced, indigenous population of shellfish, fish and wildlife and allows recreational activities in and on the water.

The goal of the Puget Sound National Estuary Program, i.e., the Puget Sound Partnership, approved Comprehensive Conservation and Management Plan (CCMP) (the 2020 Action Agenda) is to restore and maintain the Puget Sound Estuary"s estuarine environment, by 2020, so that it will support balanced indigenous populations of shellfish, fish and wildlife and support the extensive list of recognized uses of Puget Sound.

In the FFY 2009 Omnibus Appropriations Act, Puget Sound restoration funds are provided to develop and implement programs and projects that will help meet the Clean Water Act goal of improved water quality as well as improved air quality and minimization of the adverse impacts of rapid development in the Puget Sound basin including activities linked to nonpoint sources or habitat restoration projects.

By 2011, EPA Region 10, working with its key state, tribal and local partners, have committed to attaining the following environmental outcomes for the Puget Sound Basin through 2011:

- 1,000 acres of shellfish bed growing areas, currently impacted by degraded or declining water quality, show improved water quality and corresponding lifting of harvest restrictions;

- 200 acres of prioritized contaminated sediments are remediated and upstream source controls are put in place;

- 3,500 acres of tidally or seasonally influenced estuarine wetlands are restored and protected;

The Puget Sound Protection and Restoration: Tribal Implementation Assistance Program is aimed at assisting the Indian Tribes of the greater Puget Sound basin in their efforts to carry out work critically needed for Puget Sound protection and restoration.

Work that is critically needed for Puget Sound protection and restoration includes activities identified in, or consistent with, the Puget Sound Action Agenda, which is the EPA approved Comprehensive Conservation and Management Program (CCMP) for the Puget Sound National Estuary under §320 of the Clean Water Act.

These activities include, but are not limited to, work called for by established salmon recovery plans in the Puget Sound basin.

EPA has a trust responsibility to Federally recognized Indian Tribes in the region.

EPA also recognizes that Federally recognized Indian Tribes in the greater Puget Sound basin have a critical role in the protection and restoration of the ecosystem and its resources.

EPA seeks to provide financial assistance to these Tribes to help them finance implementation of priority strategies and actions in or consistent with the approved §320 CCMP for Puget Sound including, but not limited to, projects called for by established salmon recovery plans.

Funding Priority - Fiscal Year 2010: The priority for funding in FFY 2010 will be noncompetitively awarded Cooperative Agreements with each Puget Sound Tribe and each recognized intertribal consortium to support their efforts to consult with and coordinate with the Puget Sound Partnership in the implementation and updating of the CCMP for Puget Sound.

Agency - Environmental Protection Agency

The mission of the Environmental Protection Agency is to protect human health and the environment. Since 1970, EPA has been working for a cleaner, healthier environment for the American people.

Office - See Regional Agency Offices.

Daniel I.

Steinborn, Puget Sound Financial Assistance Project Officer,
Ecosystems and Community Health Unit, Office of Ecosystems, Tribal and Public Affairs, Environmental Protection Agency, Region 10, 1200 Sixth Avenue, Suite 900, ETPA-086, Seattle, WA 98101, (206) 553-2728 or (1-800) 424-4EPA, Ext.

3-2728, E-Mail: steinborn.daniel@epa.gov.


Program Accomplishments

Not Applicable.

Uses and Use Restrictions

This assistance may be used by Tribes to implement work that is critically needed for Puget Sound restoration and protection.

Such work includes priority actions or strategies in or consistent with the approved §320 CCMP for Puget Sound including, but not limited to, projects called for by established salmon recovery plans, except where the proposed work is inconsistent with applicable Federal law, regulation or published EPA policy.

Additional information on use restrictions, if any, for the Puget Sound Protection and Restoration: Tribal Implementation Assistance Program, will be provided in each request for proposals published on the EPA Region 10 website.

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.

Grant recipients and sub-recipients are encouraged to adopt and enforce policies that ban text messaging while driving company-owned or -rented vehicles or government-owned vehicles, or while driving privately-owned vehicles when on official government business or when performing any work for or on behalf of the government.

Grant recipients and sub-recipients are encouraged to conduct initiatives of the type described in section 3(a) of the Federal Leadership on Reducing Text Messaging While Driving Executive Order that was signed on October 1, 2009.

Eligibility Requirements

Applicant Eligibility

All federally recognized Indian Tribes located within the greater Puget Sound basin, and any consortium of these eligible Tribes, may apply for funding under the program.

The greater Puget Sound basin is defined as all watersheds draining to the U.S.

waters of Puget Sound, southern Georgia Basin, and the Strait of Juan de Fuca.



An eligible Intertribal consortium is one that demonstrates that 1) a majority of its members meets the eligibility requirements for this program; 2) all members that meet the eligibility requirements authorize the consortium to apply for and receive the grant; and 3) only members that meet the eligibility requirements will benefit directly from the grant project and the consortium agrees to a grant condition to that effect.

An Intertribal consortium must have adequate documentation of the existence of the partnership and the authorization of the member Tribes to apply for and receive assistance.

Documentation that demonstrates the existence of the partnership of Indian Tribal governments may consist of Tribal council resolutions, Intertribal consortia resolutions in conjunction with a Tribal council resolution from each member Tribe, or other written certification from a duly authorized representative of each Tribal government that clearly demonstrates that a partnership of Indian Tribal governments exists.

Documentation that demonstrates that member Tribes authorize the consortium to apply for and receive assistance may consist of a Tribal council resolution from each Tribe or other written certification from a duly authorized representative of each Tribal government that clearly demonstrates that the Tribe authorizes the consortium to apply for and receive the grant on behalf of the Tribe.

An Intertribal consortium resolution is not adequate documentation of the member Tribes" authorization of the consortium unless it includes a written certification from a duly authorized representative of each Tribal government.

Federal and state agencies, institutions of higher learning, units of local government, special purpose districts, conservation districts, watershed planning units organized pursuant to RCW 90.82.040 and 060, local management boards organized pursuant to RCW 90.88.030, salmon recovery lead entities organized pursuant to RCW 77.85.050, regional fisheries enhancement group organized pursuant to RCW 77.95.060 and nongovernmental entities are not eligible to directly receive financial assistance awards under this announcement.

Business enterprises and individuals or families will also not be eligible applicants.

However, EPA strongly encourages eligible applicants to solicit participation from these types of entities as local collaborators.

All of these types of entities are eligible to apply for subawards or subcontracts from a successful award recipient.

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

The beneficiary of this assistance under this program would be the Federally recognized Indian Tribes or the consortia of these Tribes that receive the assistance. Ultimate beneficiaries would include the tribal members and the general public (due to the general public"s interest in restoring and protecting the resources of Puget Sound).

Credentials/Documentation

No Credentials or documentation are required. This program is excluded from coverage under OMB Circular No. A-87.

Aplication and Award Process

Preapplication Coordination

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 excluded from coverage under E.O.

12372 "Intergovernmental Review of Federal Programs" because the State of Washington has chosen to not participate in this review process.

Environmental impact information is not required for this program.

This program is excluded from coverage under E.O.

12372.

Application Procedures

OMB Circular No. A-102 applies to this program. This program is excluded from coverage under OMB Circular No. A-110. Applicants will be required to submit application materials as described in the Request For Proposals. The Request For Proposals will also specify the submission methods which generally include an electronic and hard copy submission option. The standard application forms as furnished by the EPA and required by OMB Circulars No. A-110 and A-102 must be used for this program. EPA requires final applications to be made on Standard Form 424. Requests for application kits must be submitted to the Environmental Protection Agency, Grants and Interagency Agreement Management Division, 1200 Pennsylvania Avenue, N.W., Mail Code 3903R, Washington, DC 20460 or though the EPA Region 10 Grants Administration web site at: http://yosemite.epa.gov/r10/omp.nsf/webpage/. Applicants may be able to use http://www.grants.gov to electronically apply for certain grant opportunities under this CFDA.

Award Procedures

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. EPA reserves the right to reject all applications and make no awards under any RFP issued under this program.

Deadlines

Contact the headquarters or regional office, as appropriate, for application deadlines.

Authorization

Clean Water Act, Title III, Section 320, Public Law 106-457, 33 U.S.C 1330; Omnibus Appropriations Act, 2009, Public Law 111-8; Clean Water Act, Title III, Section 320, Public Law 94-117, 33 U.S.C 1330.

Range of Approval/Disapproval Time

From 120 to 180 days. The Region expects that its review of the applications received in response to competitive solicitations will be completed within 120 to 150 days following the deadline for the submission of applications for each Request for Proposals issued under this program.

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

This program has no statutory formula.
Matching Requirements: The Puget Sound Protection and Restoration: Tribal Implementation Assistance program has no statutory formula for allocating the funds. All of the grants will be for implementation projects under the Puget Sound Comprehensive Conservation Management Plan (CCMP) under CWA §320(g)(2) and §320(g)(3)(ii). There is a statutory match of 50% of the total project costs for implementation project grants under CWA §320(g)(3)(ii)and CWA Section 320 allows for an aggregate match.

For the awards to be made under the competitions conducted under this program, the Puget Sound Management Conference, represented by the Puget Sound Partnership, has agreed to provide all of the required non federal match for successful project proposals for the 2010-2011 biennium under a cooperative agreement with EPA. Accordingly, eligible applicants will not be required to provide any of the required non-federal match.

Contact the Puget Sound Partnership office or EPA Regional Office contact identified in this program description for more information.
This program does not have MOE requirements.

Length and Time Phasing of Assistance

The assistance will be awarded during FFY 2010. Funds will be disbursed to assistance recipients in accordance with the terms specified in their respective assistance agreements. See the following for information on how assistance is awarded/released: Assistance will be disbursed in accordance with the terms of each assistance agreement. Typically, assistance recipients draw funds at either monthly or quarterly intervals based on their incurred costs.

Post Assistance Requirements

Reports

No program reports are required.

No cash reports are required.

Progress report requirements will be a part of each assistance agreement.

A schedule of interim milestones and the outputs that will be completed by the end of the project period will also be included.

Typical progress reports will discuss the progress that has been made on each major task and on each interim milestone identified in the approved statement of work.

Progress reports will also discuss any difficulties or problems that have been encountered and how they have been or are being resolved.

Other specific reporting requirements will be defined in the assistance agreement based on the statement of work described in the application.

Expenditure reports will typically be required at the same time intervals as progress reports.

THe expenditure reports will document expenditures to date, including expenditures of any matching funds, in a manner that allows the report user to confirm that matching requirements, if any, are being met and that all assistance payments (disbursements to assistance recipients) are for costs that have been incurred in compliance with applicable costs principles.

No performance monitoring is required.

Audits

In accordance with the provisions of OMB Circular No. A-133 (Revised, June 27, 2003), "Audits of States, Local Governments, and Non-Profit Organizations," nonfederal entities that expend financial assistance of $500,000 or more in Federal awards will 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 Circular No. A-133. 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.

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 maintained until expiration of 3 years from the date of submission of the final expenditure report. If questions still remain, such as those raised by an audit, related records should be maintained until the matter is completely resolved.

Financial Information

Account Identification

68-0108-0-1-304.

Obigations

(Cooperative Agreements) FY 09 $5,000,000; FY 10 est $4,200,000; FY 11 est $3,300,000 - The Region is making approximately $5 million in obligations of FFY 2009 funds with awards being made in FFY 2010. Additionally, it is discussing making up to an additional $1 million in awards from FFY 2010 funds in FFY 2010 under a closed competitive solicitation.

The Region will also be obligating approximately $3.2 million in FFY 2010 funds to support Tribal implementation efforts under noncompetitive awards authorized by an exemption from competition under the EPA"s Grants Competition Policy, granted on March 2, 2010.

The Region has not yet determined whether it will be making any additional competitive solicitations under this program in FFY 2010.

FY 2011 estimated obligations are $3.3 million for the noncompetitive Tribal awards.

Range and Average of Financial Assistance

The range of expected awards is between $100,000 and $150,000 with an average of $125,000. Noncompetitive awards to tribes and intertibal organizations under the exemption from the EPA"s Grants Competition Policy granted on March 2, 2010, will be for Cooperative Agreements that the EPA expects to fund incrementally over a five year period that expires at the end of FFY 2015. These awards may range from $300,00 to $400,000/year.

Regulations, Guidelines, and Literature

For grants and cooperative agreements with tribal governments and intertribal organizations, assistance recipients must comply with 40 C.F.R. Part 31 "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments", 40 C.F.R. Part 35 "Environmental Program Grants-State, Interstate and Local Government Agencies", and OMB Circular Nos. A-87 "Cost Principles for State and Local Governments" and A-102 "Grants and Cooperative Agreements for States and Local Governments."
OMB Circular A-87 has been codified as 2 C.F.R. Part 225. EPA"s requirements under OMB Circular A-102 are codified at 40 C.F.R. Part 31.

Information Contacts

Regional or Local Office

See Regional Agency Offices. Daniel I. Steinborn, Puget Sound Financial Assistance Project Officer,
Ecosystems and Community Health Unit, Office of Ecosystems, Tribal and Public Affairs, Environmental Protection Agency, Region 10, 1200 Sixth Avenue, Suite 900, ETPA-086, Seattle, WA 98101, (206) 553-2728 or (1-800) 424-4EPA, Ext. 3-2728, E-Mail: steinborn.daniel@epa.gov.

Headquarters Office

Daniel Steinborn, Office of Ecosystems, Tribal and Public Affairs, Environmental Protection Agency, Region 10, 1200 Sixth Avenue, Suite 900, ETPA-086, Seattle, Washington 98101 Email: steinborn.daniel@epa.gov Phone: (206) 553-2728.

Criteria for Selecting Proposals

The evaluation and selection criteria for competitive awards under this CFDA description will be published in the announcement of the competitive funding opportunity (the Request for Proposals or RFP).



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