r841-B-97-QQ4
ironmeritaT Protection
August 1997
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The images throughout this publication were
designed by Turtle Heart, Ojibway artist.
Water Woman's Morning Song (cover)
Eagle is the instrument, the living prayer of our contract
with the Creation to live in balance and cooperation with
nature. Water Woman, shaped like the Moon, is from
the Woodlands teachings passed on by the clan mothers
regarding the proper caretaking of water. She pours the
river of life from an Eagle Feather, gathering it from the
four directions, and it passes over and through every
living thing on the earth. The plant life indicates the
responsibility we have to the rootsto that which is
below the surface of our immediate attention. The River
ends where the clouds begin, and there we find the Heart-
Dreaming Serpent that is the link between our life close
to the earth and the open heart of the Creation, the
world of nature. Thunder and Rain, at the end, are
symbols of what the elders have called "the waiting
world"perhaps the outstretched hopes of the genera-
tions yet to be born. Following the place where the Sun
rises, Turtle appears from the disk of the Sun and Moon,
exercising patience and deliberate movements in its
celebration of life. The image concludes with the partly
revealed Turtle, symbol of the earth itself. Turtle is partly
revealed to symbolize our incomplete journey through
this life, as well as our need to know more and do more
to take care of the earth's rich resources.
(continued inside back cover)
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United States Environmental Protection Agency
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Contents
Introduction 1
Overview of Nonpoint Source Pollution 1
Requirements for a Section 319(h) Grant 2
Approval by EPA 3
Nonpoint Source Assessment Report 5
Model for a Nonpoint Source Assessment Report 5
Templates:
Overview 7
Introduction 7
Methodology 7
Land Use Summary 8
Surface and Ground Water Quality Summary 9
Results 12
Discussion 13
Selection of Best Management Practices 14
Nonpoint Source Control Programs 16
Conclusions 17
References 17
Appendices 17
Acronym List 17
Sources 18
Nonpoint Source Management Program 19
Model for a Nonpoint Source Management Program 20
Templates:
Overview 21
Introduction 22
Management Program Summary 24
Management Program 24
Existing Authorities and Programs 26
References 27
Appendices 27
Acronym List 28
Sources 28
Section 319(h) Grant Application 29
Background 29
Key Concepts 30
Contents 30
Templates:
Cover Letter 32
Eligibility Determination 32
Grant Proposal and Work Plan 36
List of Contacts 43
References 47
Index 49
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Introduction
This document provides guidance and practical templates for tribes interested in
obtaining federal funds to manage nonpoint source pollution under section 319(h) of
the Clean Water Act. Specifically, it describes the 319(h) process and updates previ-
ously released section 319(h) guidance.
Overview of Nonpoint Source Pollution
State, territorial, and tribal reports show that nonpoint source pollution is respon-
sible for more than half of the nation's remaining water quality problems (USEPA,
1995). It occurs when rainfall, snowmelt, or irrigation runs over land or through the
ground, picks up pollutants, and deposits them into rivers, lakes, or the ocean or
introduces them into ground water.
Though the relative impact from a few nonpoint sources might be small, the cumula-
tive impact from many nonpoint sources degrades water quality (USEPA, 1994b).
Major sources of nonpoint pollution include agriculture, unrestricted livestock
grazing, poor siting and design of roads, highways, and bridges, forestry, urban
runoff, abandoned mines, construction activities, and hydromodification, such as the
building and maintenance of dams and levees. Other sources include improper lawn
and garden maintenance, faulty septic systems, improper construction of marinas and
careless boating habits, and storm drain dumping. Atmospheric deposition of pollut-
ants originating from power plants, factories, trucks, and automobiles is also consid-
ered a source of nonpoint pollution.
In 1987, Congress added sections 319 and 518 to the Clean Water Act to enable
states, territories, and tribes to address the problems caused by nonpoint source
pollution. Section 319 established baseline requirements for state and territorial
nonpoint source management programs and authorized national funding to support
implementation of approved management programs. Section 518 authorized EPA to
treat federally recognized Indian tribes in the same manner as states. (USEPA,
1994b).
Section 319 is an
important source of
federal funding
dedicated to
preventing and
managing nonpoint
source pollution.
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Tribes are now
required to submit
a single
application,
without the need
for a separate
application for
"treatment as a
state."
Section 319(h) of the Clean Water Act is the principal source of U.S. Environmental
Protection Agency (EPA) funding dedicated to nonpoint source control. Under section
319(h), Congress appropriates money to EPA for controlling nonpoint source pollu-
tion for distribution to eligible states, territories, and tribes based on an allocation
formula. Section 518 authorizes EPA to grant up to one-third of 1 percent of national
319(h) program funds for tribes. EPA annually awards section 319(h) grants to tribes
that submit approved nonpoint source pollution control programs. Money that EPA
does not award during one fiscal year is carried over for use by tribes during the
following fiscal year. Each grant awarded under section 319(h) requires a 40 percent
nonfederal match. If a tribe demonstrates a special financial need, however, EPA may
and frequently does approve a 10 percent nonfederal match.
Examples of tribal projects that have received awards under section 319(h) include
the following (USEPA, 1994b):
Eastern Band of Cherokee Indians - Repaired streambank and riparian areas
damaged from storm events and riparian vegetation loss.
Campo Band of Mission Indians - Restored lost vegetation and habitat to reduce
erosion and improve water quality along Campo Creek.
Colville Tribes - Completed the Buffalo Creek Restoration Project, which restored
the stream and returned it to a natural ecosystem.
Confederated Tribes of the Umatilla Indian Reservation - Protected streams and
springs from the effects of unrestricted livestock grazing in Umatilla River
watershed where salmon are being restored.
Tribes should work with EPA's Regional Nonpoint Source (NFS) Coordinators and
Tribal Coordinators, as well as state nonpoint source management agencies, during
preparation of nonpoint source assessments and management programs. Refer to the
list of contacts at the end of this document for information on the EPA staff who
coordinate nonpoint source control programs and tribal programs for EPA. This list
also indicates which states are in each of the 10 EPA Regions.
Requirements for a Section 319 (h) Grant
Tribes interested in obtaining section 319(h) funds will need to submit a package
containing several documents to the appropriate EPA Regional Office. The documents
include:
(1) Nonpoint source assessment report. The nonpoint source assessment
report describes existing and potential nonpoint-source-related water quality
problems on tribal lands, using existing water quality data. The report identifies
the nature, extent, and effect of nonpoint source pollution and the causes of such
pollution. It should also describe existing programs and methods used for
controlling the pollution (USEPA, 1987). This report has to be approved by the
appropriate EPA Regional Office.
(2) Management program. The nonpoint source management program de-
scribes how the tribe intends to correct and/or prevent the existing and potential
nonpoint source problems identified in the assessment report over the four fiscal
years following submission of the program. If the tribe is unable to develop a
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nonpoint source management program that addresses all nonpoint source
categories, the management program can focus on nonpoint sources identified as
priorities. The management program must also be approved by the appropriate
EPA Regional Office.
(3) Grant application. The grant application requests funding to support a
particular activity or activities described in the approved management program
or related to the solution of a nonpoint source problem identified in the assess-
ment report. The application must include a work plan describing how the
requested 319(h) funds will be used and establishing dates for accomplishing
specific milestones (USEPA, 1994a). EPA evaluates the proposal and work plan.
(4) Documentation of tribal eligibility. A tribe must establish tribal eligibility
to obtain a section 319(h) grant. This process was formerly known as qualifying
for "treatment as a state." To meet the eligibility requirements, the tribe must:
Be federally recognized.
Demonstrate that it has substantial governmental duties.
Demonstrate that it has legal authority or jurisdiction to carry out the
purposes of the grant on tribal lands.
Demonstrate its capability to carry out the activities proposed in the grant
application. EPA considers the approved assessment report, management
program, and grant application sufficient evidence of the tribe's capability.
Necessary documentation of the other elements of tribal eligibility are
discussed in greater detail in the "grant process" section of this handbook on
pages 32-35.
Approval by EPA
In addition to reviewing the tribal 319(h) application for approval at the regional
level, EPA Regional Offices send the complete tribal section 319(h) application
package to the Nonpoint Source Control Branch at EPA Headquarters in Washington,
DC, for Headquarters' concurrence if it is the first tribal application for a section
319(h) grant in the Region.
At EPA Headquarters, these complete application packages are reviewed for approval
in the Office of Water, the Office of General Counsel, and the Office of Enforcement
and Compliance Assurance.
If other tribes in the Region have already received section 319(h) program approval,
the portions of the tribal section 319 (h) application package relating to tribal
eligibility are reviewed and approved in the Regional Office only. The grant applica-
tion, nonpoint source assessment report, and nonpoint source management program,
together with a brief memorandum recommending approval of the grant, are then
forwarded by the Region to Headquarters for determination of the final grant
amount.
Once a tribe has received an initial 319(h) grant through the process described
above, it is automatically eligible for a section 319(h) grant in subsequent years. The
tribe need only submit an acceptable grant proposal and work plan to the Regional
Funding awarded
through section
319(h) requires a
40 percent
nonfederal match.
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Office setting forth what it proposes to accomplish with the new grant. The EPA
Region will review the proposal for consistency with the tribe's assessment report and
management program and forward the proposal, with its recommendation, to
Headquarters for a determination of the final grant amount. Because the amount of
funds available for section 319(h) grants to tribes is limited, the tribal funds will
continue to be allocated by EPA Headquarters.
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Nonpoint Source Assessment Report
The nonpoint source assessment report should include four categories of information:
(1) An identification of navigable waters that cannot be expected to attain or
maintain tribal water quality standards without the control of nonpoint source
pollution. If the tribe does not have water quality standards, state standards can
be used for evaluation of water quality.
(2) An identification of the categories and subcategories of nonpoint source pollu-
tion that contribute to the water quality problems for the individual waters
identified in paragraph (1). For a listing of major nonpoint source pollution
categories and subcategories., refer to the latest Guidelines for the Preparation of
State Water Quality Assessments (305(b) Reports), published by EPA.
(3) A description of how the tribe will identify the best management practices
(BMPs) needed to control each category and subcategory of nonpoint source
pollution identified in paragraph (2), as well as a description of how the man-
agement practices will be used to reduce the level of pollution resulting from
these sources. Such factors as public participation and inter/intragovernmental
coordination should be included.
(4) A description of any existing tribal, state, federal, and other programs that might
be used for controlling nonpoint source pollution.
Model for a Nonpoint Source Assessment Report
Section 319(a) of the Clean Water Act specifies the information that must be included
in tribal nonpoint source assessment reports. To facilitate the preparation of these
reports, a detailed guide to nonpoint source assessment report preparation follows.
Reference Documentation. Some tribes or states may already have collected
data that will assist in developing a nonpoint source assessment report. With this
information, tribes can assess nonpoint source pollution problems and determine
baseline water quality data without completing additional water quality surveys.
States and tribes can also use the data collected with section 106 funds to help
identify high-priority problems.
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Components. The following sections should be included in the nonpoint source
assessment report:
Cover - The cover should contain at least a title and the date (month and year) of
the assessment.
Contents - The contents should consist of the heading of each major section of
the assessment report and its page number.
List of tables - If tables are included in the nonpoint source assessment report, a
separate list should identify each table and its page number.
List of figures - If figures are included, a separate list should identify each figure
and its page number.
List of appendices - If appendices are included, a separate list should identify each
appendix.
Main body of report - The sections that follow serve as a model for the content of
each section of the nonpoint source assessment report.
Overview
Introduction
Methodology
Land Use Summary
Surface and Ground Water Quality Summary
Results
Discussion
Selection of Best Management Practices
Nonpoint Source Control Programs
Conclusions
References
Appendices (if any)
Acronym List
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Nonpoint Source Assessment Report
For the most part, the examples that follow have been drawn from approved tribal
nonpoint source assessment reports and management programs.
OVERVIEW
In the overview, state the purpose of the report and explain the need for a nonpoint
source assessment report for the tribal lands. Also provide a general summary of the
analysis that will follow, stressing major conclusions and broad areas of concern.
Discuss only significant data and general findings in this section. The section should
be concise and ideally should not exceed one page in length.
Example (VTNRDEC, J988a):
Four statewide water quality assessments completed in 1988 greatly increased the information
base for this report. These include assessments of point and nonpoint source pollution
influencing rivers and streams; lakes and ponds; ground water; and an assessment of toxic
pollutant sources. Some degree of threat was estimated to exist for 908 river miles or 20% of
those which fully support their uses at the present time. A higher level of threat (86%) was
attributed to the uses of 153,319 acres of lakes which presently fully support their uses.
Nonpoint sources are the most widespread sources of water pollution. The four most
common nonpoint types of water quality impairments in rivers are siltation/turbidity,
habitat alterations, nutrient enrichment, and flow alterations. Other common problems are
thermal modifications and pathogens. The most significant sources of these impairments
were agricultural runoff, hydromodification below hydropower dams and erosion from
construction sites.
INTRODUCTION
In the introduction, include the goals and objectives of the nonpoint source assess-
ment report. An example of a goal statement is "to identify the nature and extent or
threat of nonpoint source pollution on tribal lands and waters." Objectives should be
specific, measurable actions or intentions that lead to achievement of the goal(s).
Example (CTUIR, 1994):
The goal of the Assessment and Management Plan is to provide guidance for future efforts
to effectively and efficiently address nonpoint sources of water pollution on the Umatilla
Indian Reservation and throughout the Umatilla River watershed. The objectives of the
Assessment and Management Plan are (1) to document water quality and watershed
conditions, (2) to draw linkages between upstream-downstream and channel-upslope
conditions, and (3) to elucidate a broad approach (technical, policy, and legal issues) to
address currently degraded conditions.
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s
METHODOLOGY
In the methodology section, describe how and where the data for the analysis of the
nonpoint sources of pollution were obtained. Also describe any uncommon software or
evaluation techniques. Describe thoroughly how the study was conducted, as well as
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any assumptions made in the analysis. In addition, include a listing of all documents
referenced and environmental specialists contacted. Details to be included are
CFPAST, 1993a):
Explanations of abbreviations or classifications developed specifically for the
assessment (e.g., "Drainage areas were divided into subunits for more precise
analysis of the tribal waters").
Types of sampling and purpose of the sampling (e.g., macroinvertebrates, metal
concentrations, nutrient loadings, concentrations of particular toxic substances).
Assumptions made during the course of the analysis (e.g., "Water quality
assessments for each surface waterbody were completed based on the state
surface water classification system and the uses designated for each").
Example (CTUIR, 1994):
Direct contacts to secure data were made with state and federal agencies. Data were
primarily accessed through EPA Region 10's STORE! water quality data base. Information
obtained from STORET had as its primary sources the USDI-Bureau of Reclamation, USDA-
Forest Service, Oregon Department of Environmental Quality, and the USDI-Geological
Survey/Oregon Water Resources Department. Information (primarily stream temperature)
was also obtained directly from the Pendleton office of the Oregon Department of Fish and
Wildlife and the Confederated Tribes of the Umatilla Indian Reservation (CTUIR) Fisheries
Program. Ground water quality data from sporadic sampling (primarily 1987-1990) were
obtained from CTUIR Water Resources Program. Summarized data on ground water was
also obtained from Oregon's Statewide Assessment of Nonpoint Sources of Water
Pollution. Other potential sources which were contacted but from which no data were
obtained were the Oregon Department of Forestry, the Columbia-Blue Mountain Resource
Conservation and Development Council, the Umatilla County Soil and Water Conservation
District, and the USDA-Agricultural Research Service.
Water quality information in STORET is geo-referenced by latitude and longitude and
therefore we were able to create a geographic information system (GIS) layer of sampling/
monitoring locations. This was overlaid on the 1:100,000 EPA River Reach file obtained
from the Oregon State GIS Service Center located in the Oregon Department of Energy in
Salem. An additional overlay was created by CTUIR staff of "subwatersheds" based on
watershed boundaries, sampling/monitoring stations, and land use. The map of River
Reaches, with sampling/monitoring locations and subwatershed boundary overlays, was
created at the 1:250,000 scale.
LAND USE SUMMARY
The purpose of this section is to describe in general the existing conditions on the
tribal lands. Begin this section with a description of the tribal lands and include a
map of the area, as well as a regional location map of the area.
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Example (FPAST, 1993a):
LEGEND
Service Unit Boundary
-«- County Lines
E3 Reservation
* PHS Indian Health Center
A BIA Agency
o Towns
D Giles
ZSMtlct
\ *
\a
MONTANA LOCATION MAP
Figure 1. Fort Peck Indian Reservation
.MtM«
A brief description of land uses and socioeconomic conditions is also included in this
section.
Example (EBCI, 1993a, cited in USEPA, 1994a):
The Cherokee lands in North Carolina consist of approximately 56,000 acres, of which
48,688 acres are located in Swain and Jackson counties. Since the majority of the land and
water resources which comprise the reservation are located in Swain, Haywood, and
Jackson counties, this area alone represents the target of this assessment. The remaining
lands in Cherokee and Graham counties present a "checkerboard" pattern, and the tribe
does not own sufficient tracts of land to have any control over the water quality of the
streams involved. These areas will be assessed at a later date, as funding is available, to
determine what measures are needed to prevent/correct nonpoint source pollution
problems from these lands. Consideration will be given to adopting state water quality
standards for these areas in Cherokee and Graham counties.
The Cherokee Indian Reservation is located in the southern Appalachian Mountains of
western North Carolina. Thin soils and steep topography characterize the land as highly
erodible. Much of the land on the reservation is covered in timber, and tribal members
frequently log individual tracts of land. Developed land is utilized for housing, public
buildings, and commercial structures associated with tourism (i.e., motels, restaurants,
attractions). Other tourist attractions include trout fishing and camping.
SURFACE AND GROUND WATER QUALITY SUMMARY
The purpose of this section is to thoroughly describe the existing conditions of the
tribal waters. A detailed map of the reservation waters and a complete description of
the waters are the focus of this section.
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Example (FPAST, J993a):
Figure 2. Stream Basins - Fort Peck Indian Reservation
Example (FPAST, J993a):
Porcupine-Milk River Drainage - The Porcupine-Milk River Drainage is located on the west
side of the reservation. The Porcupine is a C-3 classification. Waters classified C-3 are
suitable for bathing; swimming and recreation; and growth and propagation of non-
salmonid fishes and associated aquatic life, waterfowl, and furbearers. The quality of these
waters is naturally marginal for drinking, culinary and food processing purposes, agricul-
ture, and industrial water supply. The existing land uses are predominantly rangeland,
dryland crop agriculture, and limited irrigated lands. The dryland crop agriculture is
characterized by strip fallow operations and associated saline seeps common to the
northern great plains. Land ownership is a mix of fee title, allotted, trust, and tribal lands.
Biological Condition Values over the past 3 years for this drainage range from 23 (severe)
to 50 (moderate). The habitat impairment values on the Porcupine range from 62 to 88 out
of total score of 100. The supportability rating ranges from partial support to full support
over the past 3 years. Some sections rated full support, but threatened.
Describe all surface water and ground water hydrology and quality. Include appropri-
ate graphics highlighting existing water quality conditions. They should be in chart
or tabular form wherever possible for ease of reading and interpretation.
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Example (VTNRDEC, J988a):
THREATENED
007.8
FULLY SUPPORTED
3627.8
PARTIAL SUPPORT
381.2
NOT SUPPORTED
245.1
STREAM MILES
% THREATENED
17.8
* FULLY SUPPORTED
70.3
* PARTIAL SUPPORT
7.4
* NOT SUPPORTED
4.7
PERCENT OF STREAM MILES
Figure 3. Use Support Status for Assessed Rivers and Streams - Vermont State Summary
&;^%«feaa^
Existing nonpoint source pollution reduction programs for the tribal lands should be
identified and generally discussed in this section. These programs may be tribal,
local, state, or federal programs used by the tribe that deal with nonpoint source
management on tribal lands.
Example 1 (EBCI, 1993a, cited in USEPA, 1994a):
The Tribe has a limited number of programs in place to deal with issues related to nonpoint
source pollution. The Tribe has begun an environmental education program to alert tribal
members to the various types of pollution and to activities that assist in protecting the
environment. For erosion and sediment control, a sediment catch basin has been con-
structed at the Tribal landfill to control sediment loss during storm events.
Example 2 (VTNRDEC, 1988a):
Programs for controlling nonpoint sources of pollution continue to evolve and have
included initiatives at local, state, and federal levels. A state strategy for identifying and
reducing nonpoint source problems was designed as early as February 1975. Nonpoint
source control programs that have been developed and are being implemented across
Vermont are presented below by nonpoint source category.
Agriculture - Federal programs for controlling agricultural nonpoint source pollution in
Vermont provide opportunities for landowners to voluntarily cooperate with one of
fourteen Natural Resources Conservation Districts throughout Vermont in order to become
eligible for federal financial and technical assistance from the USDA's Agriculture Stabiliza-
tion and Conservation Service and the Natural Resources Conservation Service. Federal
programs in Vermont to control agricultural nonpoint sources include the Watershed
Protection and Flood Prevention Program, the Resource Conservation and Development
Program, the Rural Clean Water Program, and the Agricultural Conservation Program.
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RESULTS
In this section, present the available scientific information related to nonpoint source
pollution on the tribal lands. Also provide data tables for surface water and ground
water. Include details such as the following:
Name of the waterbody.
Size/length.
Pollutant identified in the segment or cause of impairment (source of
pollutant, if possible).
Severity of impairment. .
Example (FPAST, 1993a):
Waterbody
Porcupine/
Sargent Creek
Porcupine/
Lower Fork
Stream
(miles)
12
32
Pollutant
NH3, Fe, P
Temperature
Source
Grazing,
Roads
Agriculture
Severity
Moderate
Moderate
Discuss each major type of water quality parameter or pollutant (e.g., fecal coliform,
total suspended solids, phosphorus, toxics) and identify waterbodies moderately or
severely impacted by each.
Example 1 (CTU/ft, 1994):
Bacteria - Either one or both of the state water quality criteria for fecal coliform bacteria
and enterococcus are frequently exceeded for the Umatilla River below the Umatilla Indian
Reservation, Butter Creek, Birch Creek, McKay Creek, and parts of Wildhorse Creek. Very
high levels of coliform bacteria are recorded at the Umatilla River at Rieth station. Sources
are municipal wastewater treatment facilities, individual septic/drainfield systems, confined
animal feeding areas, soil from surface or streambank/bed erosion.
Stream Temperature - This parameter has the best monitoring coverage, both in terms of
geographic extent and period of record. The state water quality standard for stream
temperature, 68° F (20° C), is exceeded throughout the Umatilla River Basin for an ex-
tended period each year, usually mid-June through mid-September. The only exceptions
are the North Fork Umatilla River and Buck Creek, both of which are in the North Fork
Umatilla Wilderness Area on the Umatilla National Forest; temperatures above 68° F occur
infrequently. The primary causes of high stream temperatures are removal of riparian
vegetation (habitat alteration), water withdrawal (flow alteration), and irrigation return flow.
Example 2 (FPAST, J993a):
Nutrients - Nutrients of concern on the Reservation are nitrogen and phosphorus. They
originate from fertilizers, animal and human wastes, urban runoff, and natural sources.
Nutrients may stimulate excessive growth of algae in rivers or nuisanc'e aquatic weeds in
lakes and reservoirs, rendering water aesthetically unattractive or unsuitable for recreation.
Grazing and farming practices on the Reservation contribute to increased nutrient levels. A
"threshold" value of 0.1 mg/L total phosphorus is exceeded for the Umatilla River from
below Gibbon to the mouth and in Wildhorse and McKay Creeks. In addition, ground water
has been impacted by nitrates.
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Summary tables are also effective in documenting the impacts of various pollutants.
Tables should include, at a minimum, the information provided in the example below.
Example (VTNRDEC, 1988a):
Pollutant
Pathogens
Thermal modification
Nutrient
Major
64.2
116.3
205.0
Impact (miles) Minor Impact
174.4
, 358.4
121.6
1
(miles) I
1
i
i
*
;
Analyze the data according to category of nonpoint source pollution (e.g., agricul-
ture, silviculture, urban, construction). Identify the waterbodies affected by each
category and the severity of impacts. For each category, identify nonpoint source
pollution subcategories if possible. For a listing of major nonpoint source pollution
categories and subcategories, refer to the latest Guidelines for the Preparation of State
Water Quality Assessments (305(b) Reports), published by EPA.
Example (EBCI, 1993a, cited in USEPA, 1994a): 1
Waterbody Cause
Raven Fork siltation
pH
Bunches Creek organic
enrichment,
siltation
Adams Creek organic
enrichment
Source (subcategory)
silviculture
(road maintenance)
other
(atmospheric deposition)
land disposal
(septic tanks)
construction
(land development)
agriculture
(hog feedlot)
Degree of Impact
moderate
high
slight
high
slight
DISCUSSION
In this section, discuss the information presented in the Results section. Highlight the
waters that are impaired by nonpoint source pollution and require nonpoint source
control measures. Identify the categories of nonpoint source pollution (e.g., agricul-
ture, silviculture, construction) that are causing the majority of the impaired water
uses, and rank them based on the amount of quantifiable impairment. In addition,
include a description of the relationship between nonpoint source pollution and
specific impaired water quality parameters, as well as any subsequent effects.
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Example (FPAST, J993a):
Excess salts in the water supply due to nonpoint source pollution are impairing water
used for livestock watering and irrigation.
High nutrient levels in drinking water that are generated by agricultural runoff are
increasing the risk of human health problems.
High sedimentation rates caused by upstream construction are destroying vital fish
spawning habitat.
SELECTION OF BEST MANAGEMENT PRACTICES
The purpose of this section is to identify the established process for selecting best
management practices (BMPs) on the tribal lands. Include in this section:
(1) Core participants. In addition to listing the agency(ies), organization(s), or
task force(s) responsible for BMP selection, briefly describe their mission
statements and membership composition.
Example (VTNRDEC, 1988a):
The process to identify BMPs has been conducted in conjunction with the Vermont
Nonpoint Source Task Force. The Task Force was established by the Secretary of the State
Agency of Natural Resources in part to secure public participation in the nonpoint source
control planning process. Membership consists of 20 representatives from a broad range
of organizations including the Vermont Department of Agriculture, the Natural Resources
Conservation Districts, Soil Conservation Service, private consultants, the Home Builders
Association of Northern Vermont, and others listed in the Appendix.
The Task Force adopted the following mission statement: "To prepare by August 4,1988,
portions of a four-year management program for nonpoint source pollution in Vermont as
required by the 1987 Amendments to the Federal Clean Water Act; specifically, (1) to
identify or develop BMPs for controlling each of these sources of nonpoint pollution; (2) to
identify most appropriate means of implementing the BMPs; (3) to estimate the relative
significance of various sources of nonpoint pollution in Vermont such as agriculture,
silviculture, construction, urban runoff, and water course modification; and (4) to solicit
public comment on these conclusions."
With the aid of the Vermont Department of Environmental Conservation, the Task Force
examined the technical standards for all major nonpoint sources of pollutants identified in
Vermont, including agricultural operations, hydropower facilities, and construction sites.
Seven were recognized by the Task Force as having water pollution control standards
which are either inadequate or which need further study for technical adequacy. Where
there were two standards, the Task Force recommended the BMP which should be favored
as the "state standard" for a specified source. Although the Task Force is concerned with
emerging problems, the highest priority is to assure that appropriate standards exist for
the most serious nonpoint sources and to conduct further assessment on those sources
which have led to serious impacts.
In addition to Task Force review of technical standards, BMPs are routinely evaluated by
the Agency of Natural Resources. The Agency is continually upgrading its own rules and
policies and urging other federal and state agencies to do the same with their own standards.
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Also identify the level of participation for each agency, organization, or task
force. Examples of levels of participation include:
Technical assistance
Education
Demonstration projects
Financial assistance
(2) Public participation and governmental coordination. In this section,
highlight the use of public participation and public comment in the process of
selecting BMPs and any inter/intragovernmental coordination.
Example (FPAST, 1993a):
Tribal Council procedure provides public participation and public comment. A resolution
authorizes submittal of the assessment plan to other federal agencies. Section 319 of the
Federal Clean Water Act requires each tribe to describe tribal and local programs for
controlling pollution from nonpoint sources. There are numerous programs, administered
by a variety of agencies, which aim to control nonpoint source pollution. County conserva-
tion districts are designated the nonpoint source management agencies for non-federal
lands. The program is intended to encourage adoption and implementation of BMPs.
Technical assistance, education, demonstration projects, and financial assistance are used
to implement BMPs.
(3) Specific programs. Discuss any specific programs (e.g., U.S. Department of
Agriculture cost-share programs) that have been contacted for BMP selection
assistance. An example of the appropriate level of detail follows.
Example (FPAST, 1993a):
The U.S. Department of Agriculture cost-share programs offer financial incentives for
implementation of BMPs on agricultural lands on the Fort Peck Reservation. The Corps of
Engineers' 404 Dredge and Fill Permit Program controls nonpoint source pollution resulting
from hydromodification activities. The Montana Salinity Control Association, a consortium
of conservation districts in dryland farming areas, provides educational and technical
assistance to implement agricultural management practices to control saline seep.
The Tribal Water Resource Control Commission conducts water quality monitoring,
assesses and prioritizes nonpoint and point source problems, develops solutions, and
provides management of these problems. A priority list is kept of stream segments and
lakes that have assessed man-caused water quality problems. The list is used to focus and
conserve limited management resources.
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(4) Existing BMPs. Describe existing BMPs, organized by category of nonpoint
source pollution. A table is a straightforward way of listing the existing BMPs.
Example (FPAST, 1993a):
Agriculture BMPs
BMP
Channel vegetation
Fencing
Crop residue use
Windbreak renovation
Range seeding
Nonpoint Source Category (subcategory)
Dryland crop production
Feedlots/animal holding
Dryland crop production,
Irrigated crop production
Dryland crop production
Rangeland/grazing
(5) Pollution reduction. Finally, include a description of the process that will be
used to reduce the level of pollution resulting from identified nonpoint sources
of water pollution.
Example (FPAST, 1993a):
Fort Peck's Section 319 program will emphasize agriculture. The process for identifying
BMPs for this category will consist of adopting USDA-Natural Resources Conservation
Service Field Office Technical Guide standards.
Agriculture - The BMPs selected from the Natural Resources Conservation Service
standards and specifications are currently in use by a majority of the producers on the
reservation. Additional BMPs addressing pesticide application, fertilizer management, and
streambank stabilization may need to be added. One or more BMPs known as a resource
management system will be selected for each land use within a targeted watershed. Proper
application of a resource management system will ensure the nonpoint source pollution is
minimized. Cooperating agencies will develop new BMPs if appropriate ones do not exist
to solve a specific problem.
Utilization of agricultural BMPs for nonpoint source water pollution control on Fort Peck is
voluntary. Success in solving nonpoint source pollution problems has been limited
primarily to smaller streams and projects.
NONPOINT SOURCE CONTROL PROGRAMS
For each category of nonpoint source pollution (e.g., agriculture, silviculture, urban),
identify and describe all available programs for controlling nonpoint sources of
pollution regardless of whether they are currently being used on the tribal lands.
These should include tribal, local, state, or federal programs that deal with nonpoint
source pollution management on the reservation.
Example (FPAST, ;,993a; VTNRDEC, 1988a):
Agricultural Conservation Program
Acceptable Management Practices for Maintaining Water Quality on Logging Jobs
Corps of Engineers' 404 Dredge and Fill Permit Program
State Land Use and Development Control Laws
*'?** lilt"**₯"
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CONCLUSIONS
This section provides a summary of the key findings of the nonpoint source assessment
report and lists special concerns. Identify the category(ies) of nonpoint source pollution
that is/are most detrimental and will be targeted through the section 319 program.
Example (FPAST, 1993a):
Four nonpoint source categories are responsible for a significant fraction of the threatened
or impaired waterbodies on the reservation: agriculture, hydromodification, mining, and
land disposal. BMPs have been developed and are identified in the Fort Peck nonpoint
source management plan. Fort Peck's Section 319 program will emphasize agriculture. The
process for identifying BMPs for this category will consist of adopting USDA-IMatural
Resources Conservation Service Field Office Technical Guide standards.
The BMPs selected from the NRCS standards and specification are currently in use by a
majority of the producers on the reservation. Additional BMPs addressing pesticide
application, fertilizer management and streambank stabilization may need to be added.
Cooperating agencies will develop new BMPs if appropriate ones do not exist to solve a
specific problem.
REFERENCES
This section provides bibliographic information on sources cited or referred to in the
text of the report.
APPENDICES
Include in the appendices additional information that is important to the understand-
ing of a certain section of the report, but not significant enough to be included in the
body of the text. This material should be supplementary to the information presented
in the body of the text.
Example (FPAST, 1993a; VTfJRDEC, 1988a):
Criteria for designated use support classification.
Documentation of pollution sources affecting tribal rivers and streams.
Selected portions of toxics assessment reports that are relevant to tribal waters.
Membership lists for local nonpoint source task forces and member affiliations.
Current ground water nonpoint source pollution assessment reports.
Descriptions of Waterbody System information categories.
Relevant tribal government resolutions relating to nonpoint source pollution.
ACRONYM LIST
In this section, ^provide a list of acronyms used throughout the nonpoint source
assessment report.
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Sources
Documents that might provide additional assistance during the preparation of a
nonpoint source assessment report include:
Waterbody System Users Manual (WBS 1996) - Available from USEPA Regional
Offices (August 1995)
Supplemental EPA Region VIII Guidance: Water Quality Standards for Indian Tribes
- USEPA, Region 8, Water Management Division (June 1995)
Guidelines for the Preparation of the 1996 State Water Quality Assessments (305(b)
Reports) - USEPA, Office of Water (May 1995; updated every 2 years)
A Tribal Guide to the Section 319(h) Nonpoint Source Grant Program - USEPA,
Office of Water (September 1994)
Guidance Specifying Management Measures for Sources of Nonpoint Pollution in
Coastal Waters - USEPA, Office of Water (January 1993)
Reference Guide to Water Quality Standards for Indian Tribes - USEPA, Office of
Water (January 1990)
Nonpoint Source Guidance - USEPA, Office of Water (December 1987)
Surface Water and Wetlands Protection Program Operating Guidance FY1988 -
USEPA, Office of Water (April 1987)
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Nonpoinf Source
Management Program
The management program is a multiyear strategy document designed to bring
nonpoint sources of pollution under control. Based on the findings of the nonpoint
source assessment report, the management program becomes the foundation of each
tribe's section 319 (h) program. The management program identifies reservation-wide
activities, as well as watershed-level projects, for implementing management prac-
tices for high-priority nonpoint source problems and provides a schedule for their
implementation. The six types of information required for the management program
are (see section 319(b)):
(1) A description of BMPs and measures that will be used to reduce pollutant
loadings resulting from each category and subcategory of nonpoint source
pollution identified in the assessment report. The impact of the practices on
ground water should also be discussed.
(2) A description of the programs that will be used to achieve implementation of the
BMPs identified in paragraph (1). These may include, as appropriate,
nonregulatory or regulatory programs for enforcement, technical assistance,
financial assistance, education, training, technology transfer, and demonstration
projects.
(3) A schedule containing annual milestones for the implementation of the BMPs
and programs identified in paragraphs (1) and (2).
(4) A certification by an independent legal counsel that the laws of the tribe provide
adequate authority to implement such a management program, or if there is not
adequate authority, a list of additional authorities that might be necessary to
implement the management program. There should also be a schedule and a
commitment by the tribe to seek such additional authorities as expeditiously as
practicable.
(5) A list and descriptions of any sources of federal and other assistance/funding
(other than 319(h)) that will be available for supporting the implementation of
the nonpoint source pollution control measures identified in the tribe's nonpoint
source management program.
(6) Identification of any federal assistance programs and development projects to be
reviewed by the tribe for their effect on water quality or inconsistency with the
tribe's nonpoint source management program.
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Model for a Nonpoint Source Management Program
Several basic components and considerations described previously in the nonpoint
source assessment report section should also be included in the nonpoint source
management program (refer to page 5 for a detailed description). The assessment
report sections that should also be considered for inclusion in the management
program are:
Cover - The cover should contain at least a title and the date (month and year) of
the management program.
Contents - The contents should consist of the heading of each major section of
the management program and its page number.
list of tables - If tables are included in the nonpoint source management pro-
gram, a separate list should identify each table and its page number.
list of figures - If figures are included, a separate list should identify each figure
and its page number.
List of appendices - If appendices are included, a separate list should identify each
appendix.
Main body of report - The sections that follow serve as a model for the content of
each section of the nonpoint source management program.
Overview
Introduction
Management Program Summary
Management Program
Existing Authorities and Programs
References
Appendices (if any)
Acronym List
If a tribe decides to prepare the assessment report and management program at the
same time, this information need not be included in both. Rather, the information
may be submitted as one document with two distinct sectionsassessment report
and management program.
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Nonpoint Source Management Program
The sections that follow provide further explanation and examples of the content of each
section of the management program.
OVERVIEW
In the overview, state the purpose of the document and explain the need for a
nonpoint source management program for the tribal lands. Also provide a summary
of the major conclusions of the management program. Discuss only significant
information from the management program in this section. Keep the section con-
ciseideally no more than one page in length.
In 1997, EPA's Office of Water and the Association of State and Interstate Water
Pollution Control Administrators developed guidance to promote a new partnership
with EPA to promote implementation of dynamic and effective nonpoint source
programs designed to achieve and maintain beneficial uses of water (USEPA, 1996).
To achieve this vision, EPA and state nonpoint source lead agencies agreed on nine
key elements that should be included in a management program. Below are ex-
amples of some key elements that should be included in tribal nonpoint source
management programs:
Explicit short- and long-term goals, objectives, and strategies to protect surface
and ground water.
An identification of program components that (a) abates known water quality
impairments resulting from nonpoint source pollution and (b) prevents signifi-
cant threats to water quality from present and future activities.
An identification of waters and watersheds impaired or threatened by nonpoint
source pollution and a process to progressively address these waters.
An identification of federal lands that are not managed consistently with state
program objectives.
A feedback loop whereby the tribe reviews, evaluates, and revises its nonpoint
source assessment report and its management program at least every 5 years.
Other examples of information to be included are:
Priority nonpoint source pollution categories to be addressed by the manage-
ment program.
The process used to target impaired waterbodies.
The process used to select BMPs for abating and/or preventing nonpoint source
water pollution.
Public participation used in the development of the management program.
-------
Example (FPAST, 1993b):
The subtle nature of nonpoint source pollution presents significant difficulties to the
entities charged with its monitoring and managing. Additional problems result from the
large number and variety of agencies, organizations, groups, and individuals involved in
managing land, and protecting resources. On the Fort Peck Reservation, most nonpoint
pollution is caused by agriculture, hydromodification, land disposal, and resource extrac-
tion. Construction and urban nonpoint sources are minor components of the total nonpoint
source pollution on the reservation. Nonpoint source pollution can affect both surface and
ground water.
Fort Peck Reservation's Nonpoint Source Pollution Management Plan will emphasize
prevention to minimize future rehabilitation needs. The prevention portion of the plan will
rely heavily upon education. In addition to education, the management plan will emphasize
technical assistance and financial incentive for landusers to voluntarily implement BMPs to
prevent or mitigate impairment.
The authority of the Fort Peck Water Code and Fort Peck-Montana Compact will be used to
control significant quantifiable nonpoint source pollution through the issuance of Tribal
water use permits. Education is a major component of the program in order to achieve
voluntary compliance. Range tours, brochures, and videos will be made available to
producers.
INTRODUCTION
In the introduction, describe the goals and objectives of the nonpoint source manage-
ment program. An example goal statement is "to emphasize prevention whenever
possible in order to minimize the need for more costly later cleanup of tribal waters."
An objective should describe how the goal will be met. An example objective is "to
promote available technical assistance and financial assistance for land users in order
to increase voluntary implementation of BMPs to prevent or mitigate impairment."
Another objective might be "to integrate the nonpoint source program into the
overall environmental program for protection of tribal resources."
-------
Example (CTUIR, 1994):
The goal of the nonpoint source water pollution management program is to protect and
restore water quality, watershed condition, and aquatic/riparian habitat on the Umatilla
Indian Reservation and throughout the Umatilla River Basin. This will provide for the
beneficial use of surface (and indirectly, subsurface) waters within the Basin. From the
perspective of the CTUIR this can administratively be broken into the use for specific
beneficial and traditional uses, and the protection and restoration of treaty-reserved
resources.
(1) Beneficial and traditional uses: Develop program to support 18 beneficial uses
(Interim Water Code) on the Umatilla Indian Reservation under the administrative and
regulatory control of the CTUIR. The program will support beneficial uses and
exercise of treaty rights throughout the rest of the Umatilla River Basin in accordance
with state of Oregon and federal water laws, codes, and regulations.
(2) Treaty-reserved resources: Throughout the Umatilla River Basin the Tribes retain
treaty rights related to fishing, hunting, pasturing of livestock, and gathering of
traditional plants among other rights. Water quality, riparian and watershed condition
must be managed to provide the opportunity for the Tribes to exercise those rights.
Develop program to provide high quality water as a part of instream, riparian and
upland habitat for fish, wildlife, and plants.
The primary objective of the management program is to protect high quality waters and
improve substandard water quality conditions in the Umatilla River Basin through:
(1) Administration, improvement, and enforcement of water quality standards and
federal, state, local, and tribal laws, codes, and regulations pertaining to land use and
water quality.
(2) Design and installation of on-the-ground projects to assist water quality protection
and restoration and implementation of BMPs where found to support water quality
improvements.
(3) Public involvement and education by various means.
(4) Monitoring of water quality conditions for detection of trends, determination of
beneficial impacts due to projects or implementation of BMPs, location of chronic and
acute sources of nonpoint pollution, and compliance with standards and criteria.
(5) Coordinated efforts in the Umatilla River Basin to ensure a holistic watershed ecosys-
tem approach and reduce redundancy of efforts.
.s f *t »*»
Present a more detailed description/listing of steps used in identifying nonpoint
source problem areas, priority waterbodies, and BMP solutions in this section. This
information should be a concise summary of the data presented in the assessment
report, but more detailed than the general process identified in the overview section.
Example (VTNRDEC, 1988b):
A comparative evaluation procedure was developed and applied to each impaired surface
waterbody. The following four considerations were used to develop the list of "high
priority" waters: severity of the water quality impairment,. .., public benefit if use is
restored. Examples of public benefit considered in the procedure were health-related
concerns and recreational activities. Public comments received during workshops were
integral to determining "threatened waters."
ll liitl .'
1 i itl i
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MANAGEMENT PROGRAM SUMMARY
This section is intended to provide general information regarding the development of
the management program. The section should identify the legal authority for the
proposed management program and the designated management agency for the
program (e.g., tribal environmental office, tribal nonpoint source task force). Many
tribes establish a tribal environmental office that is responsible for the development
of the program and coordination with other tribal programs, as well as coordination
with federal programs and agencies.
Example (VTNRDEC, 1988b):
The process for identifying BMPs and nonpoint source control programs that will be used
during the management program will also be incorporated into the nonpoint source
assessment process and the waterbody targeting process to gain broader public input.
Over 350 individuals and organizations were contacted during the assessment regarding
specific nonpoint sources that they may have observed. Each was asked their opinion of
specific BMPs and programs that they felt were appropriate to resolve local problems.
Persons attending the regional workshops and the statewide meeting on the management
program and targeted waters were also given the opportunity to describe control mea-
sures or programs.
In addition to Task Force and public review of technical standards, BMPs are routinely
evaluated by the Vermont Agency of Natural Resources. The Agency has continually
evaluated and revised its own rules and policies and urges other federal and state agencies
to do the same with their own standards.
tfejj faill.ial iMlt
Also, describe the contents of the management program in the management program
summary. An example of information to include is a definition of how the program is
partitioned (e.g., "The management plan has been divided into two parts"). Briefly
describe the information that will be discussed in each subsection of the plan (e.g.,
"the administration subsection will discuss the coordination of programs and funding
sources for the management program"). In addition, discuss information regarding
the administration of the management program, monitoring efforts designed to
evaluate the success of BMP implementation, environmental education plans of the
program, and funding requirements for each of these components (FPAST, 1993b).
MANAGEMENT PROGRAM
This section of the report should be organized by the nonpoint source pollution
categories (e.g., agriculture, silviculture, construction) that are identified as priorities
in the assessment report and will be addressed in the management program. BMPs
identified for each category should form subsections. Include milestones for each
section/subsection of the plan, presented in tabular form.
-------
Example (EBCI, 1993b, cited in USEPA, 1994a; FPAST, 1993b; VTNRDEC, 1988b):
Agriculture Milestones
Activity Year 1 Year 2 Year 3 Year 4
Demonstration - winter X
grazing and feeding
on Wolf Creek
Implement 4 grazing X
BMPs on range units
9 and 10 on Little
Porcupine Creek
Monitor range units XXX
9 and 10 for water
quality changes
Silviculture Milestones
Activity Year 1 Year 2 Year 3 Year 4
Stabilize abandoned XXX
logging roads
miimlTaraf^^
For each nonpoint source pollution category, provide the following:
Provide a brief introductory paragraph describing the nonpoint source, as well as
problems and needs associated with the source. To the maximum extent pos-
sible, this paragraph should include information such as the primary pollutants
associated with the nonpoint sources, the percent of land use associated with the
nonpoint source pollution category, and the percent of nonpoint pollution oh the
tribal lands attributed to the source.
Example (FPAST, 1993b):
Agriculture - Agriculture is Fort Peck Reservation's number one industry and is the
prevalent land use on nearly 98% of the Reservation's land. Agriculture also generates
nearly 99% of the total nonpoint source pollution. The main agricultural pollutants are
sediments and nutrients.
The designated nonpoint source management agencies for Montana have adopted Natural
Resources Conservation Service (NRCS) standard conservation practices and specifications as
Montana's recommended agricultural BMPs. The Assiniboine and Sioux Tribes intend to adopt
NRCS recommendations as well. New BMPs addressing pesticide application, fertilizer
management, and streambank stabilization will be added as they are developed.
Appropriate BMPs will be selected on a site-specific basis for each agricultural activity
producing nonpoint source pollution. Application of agricultural BMPs for nonpoint source
water pollution control on the Reservation is basically voluntary.
Next, identify specific short-term goals and objectives. These may be subdivided
by activities (BMPs) proposed to meet each goal.
-------
Example (EBCI, 1993b, cited in USEPA, 1994a; VTNRDEC, 1988b):
Goal - Reduce nutrient contamination of tribal waters.
Activities (BMPs) -
1. Feedlot waste management. The tribe will require that the landowner assess the
impact to the aquatic environment of a hog feedlot on Adams creek. If the impact is of
sufficient magnitude to warrant a waste treatment program, the tribe will consult with
the landowner, NRCS, FSA, and EPA on appropriate BMPs to correct this situation.
2. Establish an annual awards program to recognize the achievements of farmers who
have implemented BMPs. (Supporting text describing the awards program should
follow.)
For each activity (BMP), determine the following (if possible) and include
supporting text for each:
- Lead agency(ies)
- Cooperating agency(ies)
- Funding schedule
- Waterbodies potentially to be improved by the activity (BMP)
- Any impacts to ground water supplies
- Implementation schedule and milestones. (These should be presented in
tabular form and cover the four fiscal years following management program
submittal.)
Identify any additional, long-term objectives for the nonpoint source category.
Examples of long-term objectives are (VTNRDEC, 1988b):
- To encourage the use of agricultural BMPs by making cost-sharing programs
more affordable.
- To restore minimum flows and regulate impoundments so as to support
designated uses such as aquatic biota habitat, swimming, and boating.
- To reduce septic system failures and ground and surface water contamination
and to prolong septic system performance.
EXISTING AUTHORITIES AND PROGRAMS
This section identifies and describes any tribal or federal laws or programs (in
addition to section 319) that address nonpoint source pollution and activities
associated with each. Examples of laws or programs that could possibly support
nonpoint source pollution control implementation include:
Clean Water Act Amendments (e.g., sections 303, 314, 404)
Safe Drinking Water Act Amendments of 1996
Provisions of the Food and Agricultural Trade Act of 1990
Also include a description of specific programs (in addition to section 319) for
financial or technical assistance at the tribal, local, state, or federal level. Examples
of federal financial assistance programs include the Intermodal Surface Transporta-
tion Act of 1991 (transportation enhancements); the Abandoned Mine Lands
Program; and the Environmental Quality Incentives Program (EQIP), Wetlands and
Conservation Reserves, and Wildlife Habitat provisions of the 1996 Farm Bill.
Examples of state financial assistance programs are state agricultural cost share
-------
programs, state-funded state revolving funds, and regional geographic initiatives
such as the Chesapeake Bay Program and the Puget Sound Program.
In addition, define the roles of various agencies in these financial or technical
assistance programs.
Example 1 (EBCI, 79936, cited in USEPA, 1994a):
The Bureau of Indian Affairs has responsibilities over all properties held in trust by the U.S.
Government for Indian tribes. The Bureau of Indian Affairs will provide technical assistance
and resources when available.
Example 2 (FPAST, 1993b):
The Extension Service at the U.S. Department of Agriculture level provides support for
state Extension organizations by overseeing the distribution of federal funds, by reviewing
programs, and by alerting states about federal priorities and programs. Extension Service
involvement in the national nonpoint source effort focuses on information and education
programs.
1
1
This section also identifies any federal assistance programs and development projects
to be reviewed by tribes for their effects on water quality or inconsistency with the
tribe's nonpoint source control program.
Example (EBCI, 1993b, cited in USEPA, 1994a):
Consistency of Federal Programs - The Tribal Environmental Office will be responsible for
the review of activities and programs conducted by all federal agencies on tribal lands to
ensure compliance with the tribal nonpoint source program. This will be one of the duties
of the technical assistant in the Tribal Environmental Office. The following is a list of
Federal Agencies expected to be conducting activities that would fall within the guidelines
of the nonpoint source program: USDA Natural Resources Conservation Service, Bureau of
Indian Affairs, Indian Health Service, and Housing and Urban Development.
REFERENCES
This section provides bibliographic information on sources cited or referred to in the
text of the report.
APPENDICES
Include in the appendices additional information that is important to the understand-
ing of a certain section of the report, but not significant enough to be included in the
body of the text. This material should be supplementary to the information presented
in the body of the text.
-------
Example (EBCI, 1993b, cited in USEPA 1994a; VTNKDEC, 1988b):
Official certification of legal authority to carry out the nonpoint source management
program.
Membership lists for local nonpoint source task forces and member affiliations.
Notes from public meetings on the nonpoint source management program.
ACRONYM LIST
In this section, provide a list of acronyms used throughout the nonpoint source
management program.
Sources
Documents that might provide additional assistance during the preparation of a
nonpoint source pollution management program, include:
Section 319 Success Stories - USEPA, Office of Water (November 1994)
Geographic Targeting: Selected State Examples - USEPA, Office of Policy and
Program Evaluation (1993)
Selecting Priority Nonpoint Source Projects: You Better Shop Around - USEPA,
Office of Water (1989)
Setting Priorities: The Key to Nonpoint Source Pollution Control - USEPA, Office of
Water Regulations and Standards (July 1987)
Integrating Quality Assurance into Tribal Water Programs - USEPA, Region 8,
Water Management Division (undated)
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Section 319(h) Grant Application
Background
After completing the nonpoint source assessment report and nonpoint source man-
agement program, a tribe can develop a grant application in coordination with the
appropriate EPA Region to promote a high-quality, goal-oriented work program
consistent with the national section 319 objectives and priorities. Within the grant
application, the work plan should describe specific projects the tribe plans to fund for
the coming fiscal year.
The four general objectives of a section 319(h) grant are as follows (USEPA, 1994b):
(1) Support state and tribal activities with the greatest potential to produce early,
demonstrable water quality results.
(2) Encourage and reward effective performance.
(3) Assist in building the long-term capacity of states, tribes, and local governments
to address nonpoint source pollution problems.
(4) Encourage strong interagency coordination and public involvement.
In addition, each approved grant award requires a tribe to contribute a 40 percent
nonfederal match. However, a tribe that demonstrates financial need can qualify for a
reduced match requirement of 10 percent (USEPA, 1994b). To demonstrate financial
need, a tribe must submit a letter from the tribal chairperson to the program-
approving official at the EPA Regional Office. The letter should describe why the tribe
is requesting a lesser match and must sufficiently explain the financial situation or
condition that warrants a reduction in the match. EPA's Regional Office will review
the request and make the determination for hardship exemption based on the
explanation provided by the tribe (USEPA, 1994c).
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Key Concepts
The following is a list of key concepts that have traditionally been important in
319(h) grant applications. EPA regional reviewers look for particular key concepts in
each grant application (USEPA, 1996) as an indication that states and tribes under-
stand and support the goals and objectives of section 319.
Emphasize implementation of approved nonpoint source management programs
(e.g., nonregulatory or regulatory programs for activities such as enforcement,
technical assistance, financial assistance, education, training, technology transfer,
and demonstration projects that directly result in installation of BMPs or adop-
tion of management actions directly affecting water quality).
Identify priority actions that will be taken and explain how these actions are
related to the priority problems identified in the nonpoint source assessment
report.
Establish a realistic schedule and milestones for completing the priority actions
identified.
Emphasize pollution prevention mechanisms to control nonpoint sources (e.g.,
restricting erosion-inducing activities in sensitive areas; improved pesticide
storage, handling, mixing, and loading practices to reduce spills).
Emphasize watershed-based approaches to solving nonpoint source pollution.
Provide for monitoring and evaluation of program effectiveness.
Emphasize any interagency coordination with federal, state, and local agencies
and interest groups.
Describe in detail previous accomplishments in addressing nonpoint source
pollution with grant funds (if previous grants were received).
Contents
The following information should be included in each nonpoint source grant applica-
tion.
(1) Cover letter. The cover letter describes the tribe's interest in managing
nonpoint source pollution on its lands and also formally requests funding
assistance from EPA.
(2) Proof of eligibility. To be eligible for a 319(h) grant, a tribe must:
Be federally recognized.
Demonstrate that it has substantial governmental duties.
Demonstrate that it has legal authority or jurisdiction to carry out the
purposes of the grant.
-------
Demonstrate its capability to carry out the requirements of the grant pro-
gram. To meet the capability requirement, a tribe includes in its application
packet to the appropriate EPA Regional Office a nonpoint source assessment
report, a nonpoint source management program, and a grant proposal and
work plan.
(3) Grant proposal and work plan. This section of the application identifies
priority projects (previously described in the nonpoint source management plan)
for which 319(h) funding is sought. Due to limited resources, tribes should focus
their initial efforts on a limited number of high-priority surface and ground
waters to maximize environmental benefits.
Additional explanation and examples of the content of each section of the grant application
and work plan are provided on the following pages.
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Nonpoint Source Grant Application
COVER LETTER
A cover letter must accompany each grant application. The letter states the request
for financial assistance and briefly describes the project that the tribe hopes to fund.
Example (EBCI, 1993c, cited in USEPA, 1994a):
Date
Regional Administrator
U.S. EPA
Address
Dear Regional Administrator:
Enclosed are an original and two copies of the (tribe's name) request for financial assis-
tance under section 319 of the Clean Water Act.
The tribe recently submitted to your office a nonpoint source pollution assessment and
management program for consideration. We feel that implementation of this effort is
essential to the protection and enhancement of the waters on the (tribe's name) reserva-
tion.
Specifically, this requested assistance will address (nonpoint source problem) associated
with the (primary cause of the nonpoint source problem). Through the utilization of
technical assistance from the (cooperating agency), the tribe plans to (primary actions).
We look forward to working in partnership with EPA to assess and protect our natural
resources. Please feel free to call me or the Tribal Environmental Specialist if you have any
questions or need more information.
Sincerely,
(name)
Tribal Chairperson
Enclosures (number of enclosures)
cc: Regional Nonpoint Source Coordinator
ELIGIBILITY DETERMINATION
Federal Recognition
A tribe that has not done so may establish that it has been federally recognized by
simply stating in its grant application that it appears on the list of federally recog-
nized tribes that the Secretary of the Interior publishes periodically in the Federal
Register and including as an exhibit a list of federally recognized tribes with the
specific tribe's name highlighted.
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Substantial Governmental Duties and Powers
A tribe that has not documented its governmental duties and powers in a previous
grant application may do so by certifying that it has a government carrying out
substantial governmental functions. A tribe will be able to make the required
certification if it is currently performing governmental functions to promote the
public health, safety, and welfare of its population (e.g., levying taxes, acquiring land
by exercise of the power of eminent domain, exercising police power). Provide a
narrative description, not copies of specific documents, of the form of tribal govern-
ment and the types of essential governmental functions currently performed, and
identify the legal authorities for performing those functions (e.g., tribal constitutions
or codes). Attach the description of duties and powers and label it as an exhibit.
Example (USEPA, undated):
The governing body of the (tribe's name) is its Tribal Council. The Council is comprised of
seven members, one of whom is the Tribal Chairperson. Elections are held once a year with
members holding staggered two-year terms. The Chairperson is also elected for two years.
Tribal Authority
The tribe must submit a statement signed by the Tribal Attorney General or equiva-
lent official explaining the legal basis for the tribe's regulatory authority over its
water resources or providing evidence of prior approval for "tribal eligibility." Attach
the statement and label it as an exhibit.
Example (USEPA, undated):
Several provisions of the Tribe's Constitution expressly authorize the American Tribal
Council to exercise powers that entail regulation of not only ground water within the
Reservation, but use of all waters originating within the Reservation as well: Article I,
Section 6, authorizes the protection, conservation, and regulation of Reservation natural
resources; Section l(b) authorizes the Council to represent the Tribe in transactions and
negotiating agreements with other governments; Section l(c) authorizes the Council to
represent the Tribe in litigation; Section l(d) authorizes the Council to manage all unas-
signed Reservation property and control the use of all unassigned Reservation land;
Section I(j) authorizes the protection of the general welfare, health and safety of the
Reservation's residents; and Section l(k) authorizes the Tribe to enact laws on the Reserva-
tion consistent with its sovereign status.
These specific Constitutional provisions are interpreted broadly to achieve the protection
of tribal rights and interests, and to accommodate constant developments in federal law
that expand or refine the general scope of tribal jurisdiction. In addition, the Tribe is
authorized to exercise any inherent sovereign power not expressly authorized by Con-
gress.
The Tribe's main purpose in regulating the use of Reservation resources generally, and
water use and quality in particular, includes protection of the Tribe's federally reserved
water rights from environmental degradation and unauthorized interference by outside
persons or governments. Tribal authority to regulate these reserved rights necessarily
entails the authority to serve the purpose for which the rights exist, which includes
subsistence and commercial use of the Reservation's water resources. In addition, tribal
regulation of this type fulfills the Council's constitutional obligations to protect the basic
health, safety, and welfare of the Tribe and the Reservation community. Ultimately, such
regulation promotes the political integrity of the American Tribe.
-------
EPA will approve tribal applications for only those land areas where the tribe has
demonstrated jurisdiction. Attach as an exhibit a map of tribal lands for which the
tribe has jurisdiction. In addition, a sample tribal water pollution control ordinance
may be attached as an exhibit to document the tribe's authority over its waters.
Tribal Capability
In most cases, a tribe's approved nonpoint source assessment report and manage-
ment program will serve as adequate documentation that the tribe has "capability" to
carry out the nonpoint source activities proposed for funding. In some instances,
however, EPA may request that the tribe provide a narrative statement or other
documents showing that the tribe is capable of administering the grant for which it is
seeking approval. Even if a tribe does not have substantial experience administering
environmental programs, the tribe will still be considered for a 319 grant as long as
it shows that it has the necessary management, technical, and related skills or
submits a plan describing how it will acquire those skills. In evaluating tribal
capability, EPA will consider:
Previous management experience.
Existing environmental or public health programs administered by the tribe.
Mechanisms in place for carrying out the executive, legislative, and judicial
functions of the tribal government.
Accounting and procurement systems.
Technical and administrative capabilities of the staff to administer and manage
the program.
Management experience. Examples of general managerial experience include:
Operation of domestic water system
Cable TV system
Solid waste management
Administrative offices
Example (EBCI, 79336, cited in USEPA 1994a):
The Tribe is currently developing a combined utilities ordinance to better regulate Tribal utilities
as well as to provide better services to Tribal members. The Tribe has nearly completed its own
Chemical Emergency Response plan, adhering to SARA Title III requirements, as well as an
improved Tribal Solid Waste Management Plan, with funding provided by EPA Multi-Media
grants. This funding has also allowed the Tribe to hire an Environmental Specialist as part of
their administrative staff, to oversee environmental programs, such as a water quality program.
The Environmental Specialist manages the resolution of environmental problems on the
reservation. The Tribe is also negotiating with national and international firms regarding
economic development of Tribal lands adjacent to Interstate 40.
X I 11 M
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Existing programs. Examples of existing environmental or public health pro-
grams administered by the tribe include:
Indian health clinic
EPA Multi-Media Grants - any preceding fiscal year
Bureau of Indian Affairs FY 92-94 Rights Protection - Hazardous Waste Grant
Department of Health and Human Services, Administration for Native Americans
-1985 to present
Mechanisms for governmental functions. The following is an example of a
brief but acceptable description of tribal mechanisms for carrying out governmental
functions.
Example (USEPA, undated):
Executive functions of the tribal government are carried out by the Tribal Chairperson.
Legislative functions are carried out by the six-member Tribal Council.
Accounting and procurement systems. The following example illustrates the
appropriate level of detail for this section.
Example (USEPA, undated):
The Tribe's general accounting system is maintained by ten Tribal accountants and a
private accounting consultant. They handle all Tribal financial activities, including payroll,
ledgers, accounts payable and receivables and program disbursements, in compliance
with federal accounting regulations. The accountants work with auditors to supply
documentation of all financial transactions. Tribal books are audited yearly by a Certified
Public Accountant. In addition, the Tribe has under contract an accounting firm, who
confirm in a letter, Exhibit X, the breadth and effectiveness of the Tribal accounting system.
The Tribe's procurement system meets the requirements as described in [25 CFR 276.12].
Furthermore, Tribal policy dictates that all purchases and expenditures meet with prior
approval from the Tribal Council.
Technical and administrative capabilities of the staff. An example of the
level of detail expected for this section follows.
Example (USEPA, undated):
Existing staff resources include a Grants and Contracts Accountant and an Environmental
Specialist. The Tribe has identified the following as a potential inventory of firms and
organizations that could provide the necessary technical capability for a water quality
assessment/pollution prevention program. We intend to enter into an agreement with one
or more of the following should Section 319 funds become available.
Natural Resources Conservation Service
U.S. Geological Survey
U.S. Naval Construction Training Center
A private environmental consulting firm
The University of California at Davis' School of Environmental Engineering
-------
List of Exhibits
Exhibits are documents submitted along with the grant application to support the
application (e.g., list of federally recognized tribes, statement by the Tribal Attorney
General explaining the legal basis for the tribe's regulatory authority).
Label each exhibit attached to the application, and provide a list of the exhibits.
Retain copies of the exhibits. Check carefully to make sure that all required items for
the eligibility determination have been addressed.
GRANT PROPOSAL AND WORK PLAN
Cover Page
The document cover contains at a minimum the title of the project and the date
submitted.
Introduction
The introduction states the purpose of the 319(h) grant application and provides an
overview of the proposed nonpoint source pollution management project. The
purpose must specifically request funding to control a particular nonpoint source that
has been identified as a cause of impairment or threat to the quality of tribal waters.
The overview of the management project identifies the method or technology
proposed to reduce or prevent the nonpoint source pollution problem. In addition,
the introduction identifies the major components of the nonpoint source manage-
ment project.
Example (CTUIR, 1995):
A program is needed to provide high quality water as a part of instream, riparian, and
upland habitat for fish, wildlife, and plants. In the interest of applying a watershed protec-
tion approach and contributing to the improvement of water quality problems related to
nonpoint sources, the CTUIR developed a Nonpoint Sources of Water Pollution Manage-
ment Program for the Umatilla River Basin. The CTUIR proposes to continue implementing
its management program through:
administration, improvement, and enforcement of water quality standards and federal,
state, local, and tribal laws, codes, and regulations pertaining to land use and water
quality;
design and installation of on-the-ground practices and projects to assist water quality
protection and restoration; implementation of best management practices where
found to support water quality improvements;
public involvement and education by various means;
monitoring of water quality conditions for detection of trends, determination of
beneficial impacts due to projects or implementation of best management practices,
location of chronic and acute sources of nonpoint pollution, and compliance with
standards and criteria; and
coordination of efforts in the Umatilla River Basin to ensure a holistic watershed
ecosystem approach and reduce redundancy of efforts.
Clean Water Act Section 319(h) funds are sought for portions of the Management Program
to be implemented in 1995, (i.e., implementation of on-the-ground projects, project and
educational monitoring, updating water quality databases and GIS information, wellhead,
and other groundwater protection and assessment, and coordination of these efforts with
those other entities in the Umatilla River Basin.
-------
The introduction also discusses implementation of the proposed management project
or projects by identifying the lead organization and cooperating agencies and
defining their proposed roles. The following list identifies potential cooperating
agencies. It is not intended to be all-inclusive (VTNRDEC, 1988b).
Department of Agriculture
Natural Resources Conservation Service
Farm Service Agency
U.S. Forest Service
Corps of Engineers
Federal Highway Administration
Office of Surface Mining
Department of Transportation
Department of Energy
Example (CTUIR, 1995):
Potential exists for cooperative projects with the Umatilla Basin Watershed Council;
Columbia-Blue Mountain Resource Conservation and Development Council; Umatilla
County Soil and Water Conservation District; USDA-Soil Conservation Service; Oregon
Departments of Agriculture, Water Resources, Environmental Quality, and Fish and
Wildlife; U.S. Environmental Protection Agency; USDI Bureaus of Indian Affairs and
Reclamation; the USDE-Bonneville Power Administration; and the local non-governmental
citizens and groups.
Project Location
Identify the proposed location for implementation of the nonpoint source manage-
ment project(s). In addition, specify the watershed(s) in which the proposed
project(s) are located.
Project Goals and Objectives
Describe thoroughly the goals and objectives of the selected project(s) or
activity(ies).
Example (CTCR, 1995):
Program goal: To improve water quality in impaired watersheds by BMP implementation
projects coupled with water quality monitoring/project performance monitoring.
Program objectives:
1) To maintain the reservation-wide water quality monitoring network and focus on
implementation effectiveness. .
2) To implement water quality improvement projects in several impaired watersheds.
Project/Activity Description
The project/activity description identifies the scope of the project or activity. It
details the components of the project/activity and thoroughly describes each compo-
nent. Project monitoring and evaluation plans, as well as any public education and
public participation plans, should be described in this section as well.
-------
Example (CTUIR, 1995):
The on-the-ground projects will continue the focus in the Wildhorse and Middle Umatilla
subwatersheds and will add the Tutuilla/Patawa subwatershed. The projects will include
riparian and meadow tree, shrub and forb plantings, placing instream structures, fencing
riparian corridors, fencing livestock grazing pastures, researching traditional resource uses
and conditions (to be used in developing Desired Future Conditions/project objectives),
monitoring and evaluation of project outputs, maintenance of project developments, and
coordination the projects with local, state, and federal agencies and the public. On-the-
ground projects will be installed only as a part of a watershed protection approach.
It is anticipated that project implementation will result in reduced late summer and
increased winter stream temperatures, reduced sediment delivery, reduced delivery of
nutrients and bacteria, and improved stormwater management. These results will benefit
surface and groundwater quality. Project completion will result in improved management
of pastures for livestock grazing, more efficient forage utilization by livestock, and im-
proved management of crop agricultural practices. Coincident with these results will be an
increase in available information on water quality in the Umatilla River Basin and in
increase in awareness of water pollution problems and involvement in their solutions.
I
Outputs/Deliverables
Identify all outputs/deliverables that will be produced by this project/activity (e.g.,
reports, manuals, meetings). The outputs are often divided by respective task in the
proposed work plan.
The following is an example of a list of deliverables (GCPDD, 1995):
Preproject detailed plans that identify the participants in the public/private
partnership, describe where the project/activity wiE be initiated, and provide a
schedule for completion.
Public outreach plan and materials for educating homeowners and the general
public on the care and maintenance of any site-specific facilities that might be
involved.
Quarterly reports detailing the progress of the project.
Final report detailing the success of the project/activity in controlling or
preventing nonpoint source pollution and the cost-effectiveness of any site-
specific systems. The report will contain an analysis of all monitoring results.
Example 1 (CTCR, 1995):
Task 1: Maintain water quality monitoring network and perform effectiveness monitoring.
Output 1: Network monitoring will be ongoing. Data and monitoring reports and monthly
reports from Environmental Trust programs. Quantitative data will be put on
data base.
Task 2: Construct implementation projects.
Output 2: Completed projects for Frosty Meadows, Northstar Creek, Rebecca Lake,
Friedlander Meadows, Rogers Bar, and other projects. Quarterly reports will be
prepared for the projects.
Task 3: Continue watershed planning.
Output 3: Produce operational modules for watershed planning process and select
watershed models for GIS/database. Quarterly reports will be prepared on
progress. (Planning is not a 319 funded activity and will be funded as in-kind.)
-------
Example 2 (CTUIR, 1995):
Task 1: Continue wellhead protection and farm-assisl/home-assist programs.
Output 1: Hold public meetings, provide technical assistance, update database. Incorpo-
rate groundwater monitoring data into database.
Task 2: Plan, develop, and implement watershed protection agreements and projects.
Output 2: Development of an.Implementation Plan to meet requirements of EPA, incorpo-
rating any monitoring needs in a QA/QC plan for monitoring, developing project
agreements, installing any structural elements of improvement projects,
monitoring, and evaluation. -
Task 3: Develop or obtain and provide public information and education on land use
and water quality. .
Output 3: Follow through on gaps identified by public in educational/informational
materials/presentations. Propose or develop needed materials/presentations.
Present program updates and other information in two public presentations,
winter and spring 1996. " '
Milestones
Identify milestones for project implementation (e.g., start date, completion date,
reporting dates). Milestones are listed as a schedule of events with due dates by
which progress can be evaluated. Regions require that general milestones outlined in
the nonpoint source management program be updated and made more specific for
submittal in the work plan. Most Regions also 'require a form and/or criteria for
evaluating satisfactory progress in developing and implementing 319 programs or
activities (USEPA, 1993).
Example 1 (GCPDD, 1995):
Component
Project start
Develop and implement public outreach program
Design site-specific stormwater management systems
Evaluate project through monitoring
Final report
Completion Date
3 months from start
5 months from start
11 months from start
12 months from start
Example 2 (CTCR, 1995):
Component Product
1. Monitoring (ongoing):
Quarterly
Data Report
Project Report
2. Implementation:
LaFleur Lake Project
Frosty Meadows Project
Gold Lake Project
Northstar Project
3. Watershed plans:
Module Completion Document
Models Selected Software
Modeling Reports
Completion Date
Quarterly
10/95
11/95
12/31/94
12/31/94
12/31/95
12/31/95
6/1/95
9/1/95
10/15/95
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Budget
The budget lists the estimated costs for project implementation. Include details such
as staff years and funds, equipment, supplies, construction, contracts, and indirect
costs. The budget must also fully document nonfederal matching funds and other
funds (nonmatching) for the project. For the matching funds, identify the matching
agency or in-kind contributors and amounts, as well as the staff years and budget
(USEPA, 1995). Tables are an effective way to document the proposed budget.
Example 1 (CTCR, 1995):
Description
Personnel/Fringe
Travel/Training
Lab Equipment/Facility
Monitoring/Implementation
Supplies/Materials
Utilities/Facilities
Indirect Costs
TOTAL
319 Funding
$X
$X
$X
$X
$X
$x
$x
$x
Tribal In-Kind
$X
$X
$X
$X
$X
$X
$X
$X
Example 2 (GCPDD, 1995):
319(h) Funding
Component
Staff (X hours at $X/hour)
Travel
Laboratory fees
Other direct costs
Reproduction
TOTAL 31 9(h) FUNDING
Matching Funds
Component
Monitoring equipment
Other direct costs
Computer use
Printing/Graphics
TOTAL MATCHING FUNDS
TOTAL FUNDING:
Cost
$X
$X
$x
$x
$A
Cost
$X
$X
$X
$B
$(A+B)
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A brief description of the costs outlined in the budget table is often very helpful to
the proposal reviewers.
Example (CTCR, 1995):
Direct Costs:
Personnel
Travel/Training
Monitoring/Implementation
In-Kind Expenses:
Personnel
Lab Equipment Facility
Utilities/Facilities
One field technician for implementation, monitoring
water quality, and tracking and repairing implementation
projects.
Travel directly related to implementation projects, including
on-reservation travel (vehicle expenses) and possible
training associated with implementation projects.
Costs for labor, materials, and supplies associated with
water quality protection projects, the field monitoring of
those projects, and other nonpoint source monitoring.
Environmental Trust personnel associated with 319
project including hydrologist's time for modeling, water
resource technician's time for water monitoring, and lab
technician's time for water analysis (average cost for all
personnel $X/hour for X hours = $X).
Use of lab building and equipment ($X/mpnth for X
months = $X).
The Environmental Trust will provide office space,
computers, software, phones, fax, and field sampling '
equipment ($X/month for X months = $X).
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List of Contacts
EPA HEADQUARTERS
Nonpoint Source Control Branch
(4503F)
401 M Street, SW
Washington, DC 20460
(202) 260-7100
American Indian Environmental Office
(4104)
401 M Street, SW
Washington, DC 20460
(202) 260-7939
REGIONAL CONTACTS
Region 1 (CT, ME, MA, NH, RI, VT)
Nonpoint Source Coordinator
John F. Kennedy Federal Building
One Congress Street
Boston, MA 02203
(617) 565-4426
Tribal Coordinator
John F. Kennedy Federal Building
One Congress Street
Boston, MA 02203
(617) 565-3485
Region 2 (NJ, NY, PR, VI)
Nonpoint Source Coordinator
Jacob K. Javits Federal Building
26 Federal Plaza
New York, NY 10278
(212) 637-3700
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Tribal Coordinator
Jacob K. Javits Federal Building
26 Federal Plaza
New York, NY 10278
(212) 637-3712
Region 3 (DE, DC, MD, PA, VA, WV)
Nonpoint Source Coordinator
841 Chestnut Building
Philadelphia, PA 19107
(215) 597-3429
Region 4 (AL, FL, GA, KY, MS, NC, SC, TN)
Nonpoint Source Coordinator
100 Alabama Street, SW
Atlanta, GA 30303
(404) 562-9345
Tribal Coordinator
100 Alabama Street, SW
Atlanta, GA 30303
(404) 562-9345
Region 5 (IL, IN, MI, MN, OH, WI)
Nonpoint Source Coordinator
77 West Jackson Boulevard
Chicago, IL 60604-3507
(312) 886-0209
Tribal Coordinator
77 West Jackson Boulevard
Chicago, IL 60604-3507
(312) 353-6424
Region 6 (AR, LA, NM, OK, TX)
Nonpoint Source Coordinator
First Interstate Bank Tower at Fountain Place
1445 Ross Avenue, 12th Floor
Suite 1200
Dallas, TX 75202-2733
(214) 665-6683
Tribal Coordinator
First Interstate Bank Tower at Fountain Place
1445 Ross Avenue, 12th Floor
Suite 1200
Dallas, TX 75202-2733
(214) 665-7457
Region 7 (IA, KS, MO, NE)
Nonpoint Source Coordinator
726 Minnesota Avenue
Kansas City, KS 66101
(913) 551-7431
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Tribal Coordinator
726 Minnesota Avenue
Kansas City, KS 66101
(913) 551-7367
Region 8 (CO, MT, ND, SD, UT, WY)
Nonpoint Source Coordinator
999 18th Street, Suite 500
Denver, CO 80202-2405
(303) 312-6236
Tribal Coordinator
999 18th Street, Suite 500
Denver, CO 80202-2405
(303) 312-6343
Region 9 (AZ, CA, HI, NY AS, GU)
Nonpoint Source Coordinator
75 Hawthorne Street
San Francisco, CA 94105
(415) 744-1990
Tribal Coordinator
75 Hawthorne Street
San Francisco, CA 94105
(415) 744-1607
Region 10 (AK, ID, OR, WA)
Nonpoint Source Coordinator
1200 Sixth Avenue
Seattle, WA 98101
(206) 553-1601
Tribal Coordinator
1200 Sixth Avenue
Seattle, WA 98101
(206) 553-1983
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CTCR. 1995. Confederated Tribes of the Colville Reservation FY 95 work plan. Confed-
erated Tribes of the Colville Reservation, Washington.
CTUIR. 1994. Non-point sources of water pollution assessment and management plan:
Umatilla River Basin. Confederated Tribes of the Umatilla Indian Reservation,
Pendleton, OR. August.
CTUIR. 1995. Confederated Tribes of the Umatilla Indian Reservation Work Program
for Clean Water Act Section 319 Grants: Project level proposal for fiscal year 1995
funding. Confederated Tribes of the Umatilla Indian Reservation, Pendleton, OR.
EBCI. 1993a. Qualla Reservation section 319(h) nonpoint source assessment report.
Prepared by Fish and Wildlife Associates, Inc., for Eastern Band of Cherokee Indians,
Tribal Environmental Office, Cherokee, NC. July. Cited in USEPA, 1994a.
EBCI. 1993b. Qualla Reservation section 319(h) nonpoint source management
program. Prepared by Fish and Wildlife Associates, Inc., for Eastern Band of Chero-
kee Indians, Tribal Environmental Office, Cherokee, NC. July. Cited in USEPA, 1994a.
EBCI. 1993c. Section 319 Nonpoint Source Program Application. Eastern Band of
Cherokee Indians, Tribal Environmental Office, Cherokee, NC. July. Cited in USEPA,
1994a.
FPAST. 1993a. Fort Peck Tribes nonpoint source assessment plan. Fort Peck Assiniboine
and Sioux Tribes, Office of Environmental Protection, Popular, MT.
FPAST. 1993b. Fort Peck Tribes nonpoint source management plan. Fort Peck
Assiniboine and Sioux Tribes, Popular, MT.
GCPDD. 1995. Development of an innovative stormwater management control for
urban areas: A 319(h) grant proposal. Guilford County Planning and Development
Department, Guilford County, NC. May.
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USEPA. 1987. Nonpoint source guidance. U.S. Environmental Protection Agency,
Office of Water and Office of Water Regulations and Standards, Washington, DC.
December.
USEPA. 1993. Working paper on regional nonpoint source guidance and supporting
tables for section 319(h). U.S. Environmental Protection Agency, Office of Water,
Washington, DC. February.
USEPA. 1994a. A tribal guide to the section 319(h) nonpoint source grant program.
EPA 841-S-94-003. U.S. Environmental Protection Agency; Office of Water; Office of
Wetlands, Oceans, and Watersheds; Assessment and Watershed Protection Division;
Nonpoint Source Control Branch, Washington, DC. September.
USEPA. 1994b. Section 319(h) success stories. EPA 841-S-94-004. U.S. Environmental
Protection Agency; Office of Water; Office of Wetlands, Oceans, and Watersheds;
Assessment and Watershed Protection Division; Nonpoint Source Control Branch,
Washington, DC. November.
USEPA. 1994c. Policy paper #4: 319(h) nonpoint source funding for Indian tribes.
U.S. Environmental Protection Agency, Region 8, Denver, CO. July.
USEPA. 1995. National Water Quality Inventory: 1994 Report to Congress. EPA 841-
R-95-005. U.S. Environmental Protection Agency, Office of Water, Washington, DC.
December.
USEPA. 1996. Nonpoint source program and grants guidance for fiscal year 1997 and
future years. U.S. Environmental Protection Agency, Office of Water, Washington, DC.
May.
USEPA. Undated. The financial assistance and program, authorization handbook for
Indian tribes water quality planning and management programs of the Clean Water Act.
U.S. Environmental Protection Agency, Region 9, San Francisco, CA.
VTNRDEC. 1988a. Vermont nonpoint source assessment report and phase I state clean
water strategy. Vermont Agency of Natural Resources, Department of Environmental
Conservation, Division of Water Quality, Waterbury; VT. August.
VTNRDEC. 1988b. Vermont state clean water strategy (phase I): Nonpoint source
management program. Vermont Agency of Natural Resources, Department of Environ-
mental Conservation, Division of Water Quality, Waterbury, VT. August.
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Index
Assessment report 2, 5-18
acronym list 17
appendices 17
conclusions 17
discussion 13-14
evaluation techniques 8
goal and objectives, 7
information required , , 5
introduction 7
land use summary. 8-9
maps 8-9
methodology 7-8
model 5-17
nonpoint source control programs 16
overview 7
references.... 17
results 12-13
sampling 8
selection of best management practices. 14-16
socioeconomic conditions 9
sources 18
surface and ground water quality summary 9-11
Best management practices 5, 14-16, 19, 22-26, 30
core participants 14-15
existing BMPs 16
inter/intragovernmental coordination 5, 15, 30
pollution reduction 16
public participation and governmental coordination 15
selection of 53 14-16
specific programs 15
Clean Water Act 1-2
section 106..:............ 6
section;319. ; 1-2
section 518 1
Contacts 43-45
Eligibility determination 33 30-35
accounting and procurement systems 35
existing programs 35
federal recognition 33 32
jurisdiction 34
list of exhibits 36
management experience 34
mechanisms for governmental functions 35
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substantial governmental duties and powers 3, 33
technical and administrative capabilities of the staff 35
tribal authority 3, 19, 33-34
tribal capability 3, 34-35
EPA 2-4, 21, 29, 31
approval 3-4
Headquarters 3-4
Office of Enforcement and Compliance Assurance 3
Office of General Counsel 3
Office of Water 3, 21
Regional NFS Coordinators 2
Regional Office 2-3, 29-31
Grant proposal and work plan 31, 36-41
budget 40-41
cover page 36
introduction 36-37
milestones 30, 39
monitoring and evaluation 37
outputs/deliverables 38-39
project/activity description 37-38
project goals and objectives 37
project location 37
public education/outreach 37-38
Ground water 9, 10, 19, 31
hydrology 10
quality 10
Management program 19-28
acronym list 28
appendices 27
BMPs 22-26
environmental education 24
existing authorities and programs 26-27
goals and objectives 22, 25-26
information required 19
introduction 22-23
legal authority 24, 26
management program summary 24
model 20-28
overview 21-22
priority waterbodies 23, 31
references 27
sources 28
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Nonpoint source pollution 1-3, 5-7, 12-13, 16-17, 19,
21, 24-26, 29, 30, 36, 38
categories 1-2, 5, 13-14, 16-17, 21, 24-26
overview of 1-2
reduction programs 11, 36
tribal projects 2
Pollution prevention 30
Section 319(h) grant 2-3, 29-41
application 29-41
background 29
components 2-3
contents 30-31
cover letter 30, 32
eligibility determination 30-35
grant proposal and work plan 31, 36-41
key concepts 30
objectives 29
Tribal
Tribal Attorney General , 33, 36
tribal authority , 33
Tribal Chairperson 29, 32, 33, 35
tribal capability 3, 34
Tribal Coordinators 2
Tribal Council 33, 35
tribal environmental office 24
tribal programs 2, 5, 11, 16, 24
tribal projects 2
Water quality
conditions 10, 27
data 2,13
problems 1, 2, 5, 12-13, 21, 36
standards 5
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t-
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Know This (title page)
This image represents the harmony of the natural worlda world
that stretches from the Turtle Island to the Eagle Spirit.
Peeps (repeating page element)
This image represents the harmony of working together to face the
possible and the unknown.
Sunrise (page 1)
The whirling universe and the waters of creation are greeted by the
rising of the sun. The eagle is a sacred tribal symbol.
Warning (page 5)
The two ancient petroglyph figures represent the time when all
people lived carefully and in balance with the natural creation. They
are helpers from the vast storehouse of ancestor knowledge
maintained by tribal cultures. The turtle is a central figure because
many tribal Americans call North America "the Turtle Island."
Rockwater (page 19)
Based on old petroglyphs, this image is a story about collecting and
understanding, as well as sharing, the rich experiences of a
responsible community life.
Three Moons (page 29)
This image is a study in cooperation. Three tribal people move
forward, in the same direction, each carrying equal possibilities and
opportunities. They are guided by the eagle, here a symbol of
working for the good of all people and aU of the creation.
Fish (page 43)
Mutual dependence is the story of this image. The long trail of the
tribal ancestors and of the animal creation have merged into a
transformational figure. The "open hand" on this image symbolizes
an openness or willingness to work with others. The thunderbolt at
the top of the figure symbolizes the immediate and urgent nature of
pollution dangers.
Wetface (page 47)
The old woman in charge of water is an ancient figure. It honors the
clan mothers of the tribal community as caretakers of the waters.
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