5974
United States
Environmental Protection
Agency
                       Office of Water
                       (WH-546)
April 1989
   PA
                                430989501
Guidelines And Requirements
For Applying For Grants From
The Indian Set-Aside Program

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Guidelines and Requirements for
Applying for Grants
from the Indian Set-Aside Program
              PREPARED BY THE

        OFFICE OF MUNICIPAL POLLUTION CONTROL

              OFFICE OF WATER


        U.S. ENVIRONMENTAL PROTECTION AGENCY

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ACKNOWLEDGEMENTS

EPA acknowledges the review and assistance provided by the Indian Health
Service, members of the Indian Set-Aside Program Work Group, and the Indian
Tribes and Alaska Native Villages. These Guidelines were prepared by the U.S.
Environmental Protection Agency, Office of Municipal Pollution Control with the
assistance of Claire M. Gesalman and Gregory M. Mallon of Roy F. Weston, Inc.,
under EPA contract 68-03-3473.  The EPA Work Assignment Manager was
Christine Powers.

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                      TABLE OF CONTENTS





PREFACE



HOW TO USE THESE GUIDELINES	 iii



BACKGROUND OF THE SET-ASIDE PROGRAM.	 iii





CHAPTER 1 - SHOULD I APPLY FOR A GRANT?



WHO IS ELIGIBLE FOR INDIAN SET-ASIDE GRANTS?	 1-1



WHAT COSTS ARE INCLUDED?	 1-1



HOW DOES THE GRANT PROCESS WORK?	 1-2



WHERE DO WE GO FOR HELP?	 1-4





CHAPTER 2 - REQUESTING PRIORITY AND APPLYING FOR A GRANT



HOW SHOULD WE BEGIN?	 2-1



HOW DO I OBTAIN PRIORITY FOR MY PROJECT?  	 2-1



WHAT DO WE DO NEXT?  	 2-4



GRANT OFFER OR AWARD  	 2-6



HOW WILL OUR PROJECT BE REVIEWED?	 2-6





CHAPTER 3 - TECHNICAL GUIDANCE



FACILITY PLANNING FOR SMALL COMMUNITIES	 3-1



ALTERNATIVE TREATMENT TECHNOLOGIES  	 3-1



ENVIRONMENTAL REVIEW  	 3-2



SELECTING AND PROCURING AN ENGINEERING FIRM	 3-2





CHAPTER 4 - PROJECT MANAGEMENT GUIDANCE  	 4-1





CHAPTER 5 - OPERATION AND MAINTENANCE



RESOURCES AND TRAINING 	 5-1



WHAT'S INVOLVED IN OPERATING A WASTEWATER SYSTEM  	 5-2

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                                APPENDICES



APPENDIX A - GLOSSARY



APPENDIX B - LIST OF EPA CONTACTS



APPENDIX C - RURAL COMMUNITY ASSISTANCE PROGRAM CONTACTS



APPENDIX D - PRIORITY SYSTEM SCORING SHEETS



APPENDIX E - ADDITIONAL FEDERAL REQUIREMENTS








                       LIST OF TABLES AND FIGURES



Figure 1.1 - Construction Grants Process	  1-3



Figure 3.1 - Request for Proposal Outline	  3-4



Figure 3.2 - Checklist for Proposal Evaluation 	  3-5
                                      u

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                                    PREFACE
HOW TO USE THESE GUIDELINES

These Guidelines have  been prepared  to
help Indian Tribes  apply  for and  manage
the grants  for  the  construction  of waste-
water facilities that are available from
the U.S. Environmental  Protection  Agency
(EPA) under Section 518 (c) of  the Clean
Water Act (CWA).

Some aspects of this special program  for
Indian Tribes are somewhat different and
more  flexible  than   the  Construction
Grants Program, which  has  funded grants
to  municipalities   under  State  priority
systems  since 1972.   The Indian Set-Aside
Program    simplifies    administrative
requirements.       However,    existing
Construction  Grants program  materials
will  be  used  to   the  extent  they  are
compatible with these Guidelines.

The  Guidelines  cover  all  aspects   of
project  management—from  planning,   to
grant application,  to the operation and
maintenance of the  completed facility.

•    Chapter  1  describes who  is  eligible
     to   apply  for  grants  under   the
     program  and  outlines   the  grant
     process and   the  main  sources   of
     help with  your project.

•    Chapter  2 shows  how  to  request
     priority ranking for your project and
     lists  the requirements  you  will have
     to  meet to receive  funding from this
     program.

•    Chapter  3 includes  information   on
     facility planning and  environmental
     review.

•    Chapter  4 provides advice  on  the
     staff  you  will need  for  managing a
     project.

•    Chapter 5 discusses the operation  of
     the facility once it is  built and lists
    sources  of  information  on  training
    and  assistance  with  plant  operation
    and maintenance.

•   Five  appendices provide  additional
    information you may  find helpful:
    Appendix A is  a glossary  of terms
    used in  the Guidelines;  Appendix B
    lists    EPA    Indian    Program
    Coordinators and other EPA Regional
    Office  contact  points;  Appendix  C
    contains   contacts   for   the   Rural
    Community    Assistance    Program;
    Appendix D consists of  the  scoring
    sheets  EPA will  use in  evaluating
    requests  for  project priority;  and
    Appendix E lists other Federal laws
    with which you will have to comply.

Reading  these Guidelines will give you a
basic  understanding  of the whole process.
Words shown in bold type are defined  in
the   Glossary.      After   reading   the
Guidelines,  decide   if  you  are a  good
candidate for a grant, taking into account
eligibility    and     other    program
requirements.  If you decide to pursue a
grant, return  to Chapter 2 to  begin  the
process.

EPA and the Indian Health Service (IHS)
are available to answer  your  questions.
When  you  decide  to apply for a  grant,
EPA will provide you with the additional
details  you  need  to  complete a  grant
request.
BACKGROUND
PROGRAM
OF  THE  SET-ASIDE
The Clean .Water Act (CWA) Amendments
of 1987 required EPA, in cooperation with
IHS,  to  prepare  a  report  on needs  for
sewage  treatment  to  serve Indian Tribes.
This estimate of the wastewater treatment
needs for Indian Tribes with jurisdiction
over  federally  recognized  reservations,
Indian  Tribes on  former  reservations  in
                                         111

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Oklahoma, and Alaska Native Villages (as
defined in the Alaska Native Claims Act--
PL 92-203), is about $270 million (in  1987
dollars).    Approximately  55% of  these
needs   are  for   the   construction   of
wastewater treatment facilities, while the
remainder are  for the  construction  of
collection systems and  house  connections.
The  1,510 projects covered by the  needs
assessment   are   to   serve   a   Tribal
population  of 402,000.   They  are  not
distributed  evenly  throughout  the United
States (i.e.,  the needs are concentrated in
three  areas  of  the  country,  Alaska,
Oklahoma and the Southwest;  these three
areas each account for  one-quarter of the
total identified needs).

Due  to  the small size and rural nature of
most   Indian   reservations,   the   most
common wastewater systems are individual
septic    systems   and   low-maintenance
community systems  such  as  lagoons.  Of
the  reservation  projects  for  which  the
necessary    data     are     available,
approximately    55%   are    to   correct
subsurface discharges (such  as  from septic
drainfields and  unlined  lagoons),  while
about 15% are to address no-discharge or
land-application facilities and 25% are for
surface     water    discharges.       Only
approximately    25%   of   the   Indian
population with  needs  identified  will  be
served    by   surface-water    discharge
facilities.   These  findings  suggest  that
ground  water may be  more at risk  than
surface   water  from  existing  problems.
This might pose  some concern for Indian
families that rely on drinking water wells
located  near failing on-site systems.

If the authorized Indian  Set-Aside Grant
Program established by the CWA  is fully
funded   through  future   appropriations,
the  set-aside  translates into  a  total  of
$28  million over a four-year period--$5.8
million  for Fiscal  Year (FY)  1987,  $11.5
million  for FY  1988, $4.7 million for FY
1989, and $6 million for FY  1990.  The
funds  set-aside  by  the  CWA represent
about  10% of the  amount  that  will  be
required  to  satisfy all $270  million  in
identified  Indian  needs.    This  special
grant program is limited,  with  funding,
authorized  only  through   1990.    These
funds,  however,  are  available   until
expended.   A Tribe does not need to  be
listed in this special needs assessment to
be eligible for grant funding.

In  addition  to  the  set-aside  program,
Tribes  will  continue  to  be  eligible  to
compete  for construction   grant  funds
through   each State's   priority  process.
(Tribes   are,  and  have   always   been,
eligible  for  funding of wastewater systems
under  the  existing  Construction  Grants
Program.)   A Tribe may also  apply to a
State for  a  loan or other assistance under
the State Revolving Fund (SRF) Program.

Also,   other  agencies    provide   some
financial  assistance to  Tribes, including
the Indian Health Service, the Department
of   Housing  and   Urban   Development
(HUD),    and   the    Farmers    Home
Administration (FmHA).  In FY 1987, IHS
and  HUD  were  the primary  sources  of
financial assistance to Indians.

Section   518  of  the  Clean  Water  Act
provides  that  Indian  Tribes   can  be
delegated the authority  to administer the
Construction Grants Program if the Tribe
meets certain requirements.   However, a
Tribe does not have to assume the "State"
role  to participate in the Indian Set-Aside
Program.

EPA  has  been assisted  by a  workgroup
comprising EPA, Indian Tribes, and IHS in
developing a program for awarding grants
from the  Indian  set-aside.   The approach
in developing this  program has  been to
blend the most  appropriate  portions  of
EPA and IHS programs  and  to seek the
least  cumbersome ways  to  meet Tribal
needs.   The program  described in  these
Guidelines  has undergone  Tribal review.
Feedback on  the   document   has  been
solicited  in a  series of   five   national
meetings    with   Indian   Tribes,   and
comments    received     have     been
incorporated.
                                         IV

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Near   the   end  of   the   process   of
development  of these Guidelines, Congress
amended the  CWA to extend eligibility for
funds  from  this   program   to  former
reservations  in  Oklahoma  and  Alaska
Native Villages  as defined  in  the Alaska
Native Claims Act.    Rather  than  delay
implementation of the  program to identify
the unique  goals of  these  entities and
redraft  the  guidelines to address  them,
EPA  will  work  with  these  areas  on  a
pilot basis and will  reflect changes  to the
program  in any future revisions to these
Guidelines.

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                                  CHAPTER 1
                    SHOULD I APPLY FOR A GRANT?
WHO IS  ELIGIBLE  FOR  INDIAN  SET-
ASIDE GRANTS?

This Program is administered by EPA for
the purpose of providing funds to:

•    Federally   recognized   Tribes  with
     control over reservation land;

•    Alaska Native Villages (as  defined in
     the Alaska Native Claims Act); or

•    Tribes  on  former  reservations  in
     Oklahoma

that have jurisdiction  over disposal  of
sewage  or  other wastes, to  help meet the
enforceable  requirements  of  the  Clean
Water Act.

The definition of Indian Tribe provided in
Section  518  of  the  Act is "Any  Indian
Tribe,   band,   group,   or   community
recognized  by   the   Secretary   of  the
Interior   and   exercising   governmental
authority    over   a   federal   Indian
reservation."   A  reservation  includes "all
land  within  the   limits of  any  Indian
reservation  under  the jurisdiction  of the
United States Government, notwithstanding
the issuance  of  any patent, and  including
rights-of-way    running    through   the
reservation."

If  you  represent  one  of   these  groups,
continue  reviewing  these  Guidelines  to
learn if this program can help you.
WHAT COSTS ARE INCLUDED?

Grants can cover most  costs for planning,
design,   and    building   a   wastewater
treatment  facility.   Although  the Indian
Set-Aside  Program  will  pay for  100% of
the cost of most parts of the project, you
need to find other ways  to  pay for  some
related costs.  Project components that are
eligible  for  funding  include  interceptor
sewers,  wastewater  treatment  facilities
(conventional     or    alternative),
infiltration/inflow   correction,   collector
sewers, major sewer system rehabilitation,
and   correction    of    combined   sewer
overflow.

The  costs  that  can  be  covered  by a grant
from this  program  are identified by  these
Set-Aside Guidelines, and, where consistent
with these  Guidelines,  by the government-
wide  cost  principles (OMB Circular A-87)
and  EPA regulations in Appendix A of 40
CFR, Part  35,  Subpart  I.  Some  examples
that  may be especially  important  to you in
considering  whether to apply for a grant
from this program include:

•    The  costs  of   preliminary  activities
     such    as    assembling    enough
     information    to    request   priority
     ranking,  preparing  an  application,
     selecting an  engineer, and developing
     a plan of study cannot be charged to
     the grant.

•    Grant funds can pay for land only if
     it  will  be  an integral  part  of the
     treatment process  or  used  for the
     ultimate  disposal   of    treatment
     residues.  Nondischarging  lagoons are
     one type of  treatment for which land
     costs are eligible.

•    Grant    funds   cannot   pay   for
     acquisition of  right-of-way, the site
     where a treatment plant will be built,
     or a landfill site.

•    The ordinary operating expenses of a
     local  government  are  not  allowable
     (e.g.,  salaries and  expenses of  elected
     or appointed officials, preparation of
     routine  financial  reports and studies,
     preparation   of   applications   and
                                        1-1

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     permits,  expenses  related   to  bond
     issuance).

•    Grant funds may  not  be used to  pay
     for  the   cost   of   operating   and
     maintaining the wastewater  facility.

The principal  purpose of this program is to
meet existing  needs  (as of  the date of the
grant application).  Where environmentally
sound  and  cost-effective,  limited  reserve
capacity  for   future   needs   may   be
considered on  a project-by-project basis.

There  is  no  formal limit  on  service to
non-Indians living  in the project's service
area.   Section 5l8(c) of  the CWA  states
that  the grants  shall serve  Indian Tribes.
Generally,  a   treatment    system   that
improves water quality or public health on
a  reservation  serves the  Tribe  that  has
governmental    authority    over    the
reservation  regardless  of the number  of
non-Indians living in the service  area.
HOW DOES THE GRANT PROCESS WORK?

Indian Tribes have been allocated one-half
of one percent of the annual Construction
Grants Program appropriation from FY 87
through  FY  90  for the  special set-aside
program  described   in  these  Guidelines.
EPA will evaluate requests  received  from
eligible Indian Tribes for funding from the
Indian  Set-Aside.     A   project  priority
system  developed by EPA in  consultation
with the Tribes and  Indian  Health  Service
results   in   a  National  Indian   Project
Priority   List.     The   highest  priority
projects  in the fundable  range may apply
for  a  grant.   Projects  not funded may
request funding again the following year
by updating  their previous request.

After  EPA  has notified  you  that  your
project is sufficiently high on the National
Indian Project Priority List, you will need
to prepare and submit an application  for
grant  assistance  to your  EPA Regional
Office.  This  two-part  process  is  used  so
that the  costs of application preparation,
which  are  not eligible for grant funding,
need not  be borne  until  priority  projects
are identified.

An Indian Tribe or Alaska Native  Village
that does  not have  the  capability  to meet
EPA's  program  requirements may  request
that the grant funds be transferred to the
IHS or an  approved State program to be
administered for the benefit of the grant
recipient.

There  are  three steps  in the Indian  Set-
Aside  Grants Program:  planning,  design,
and building, as shown in Figure 1.1.  The
applicant  must  comply  with all   of  the
requirements of  each step before funds can
be made available for the next step of the
project:

t    Planning—Preparation of facility plan
     to determine the type  and extent of
     project you should build.

•    Design—Preparation of detailed design
     and     specifications    (includes
     construction  drawings,  specifications,
     and other contract documents).

•    Building the project.

If  EPA approves your  grant application,
makes  a grant  offer, and  you  accept it,
you may begin the procurement  procedures
necessary  to  plan,  design,  and  build the
project.  If you choose  to receive  funding
through   the   EPA   Indian  Set-Aside
Program,  application procedures  and the
requirements  you  will  have  to meet are
described  in Chapter 2.

Two other  aspects  of  the  grant  program
are designed to  ensure that your facility is
properly constructed and can  do   the job
that it is designed to do.

*    An  engineering   service  agreement
     must  be  maintained  for  one  year
     following completion of the facility.
                                          1-2

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     This agreement  may  be  with IHS  or
     the engineering  firm that supervised
     construction.    This  agreement  will
     provide   for    technical    support
     including  overseeing the start-up and
     operation  of  the  treatment  works,
     training   operating   personnel,  and
     preparing  technical information.

•    After  one year  of  operation  of  the
     facility,   the   Tribe  must   certify
     whether or not the facility is meeting
     project  performance standards  and
     effluent   limitations  in  the  grant
     agreement.   If   the  facility  is  not
     meeting these requirements,  EPA  or
     IHS will work with  you to develop a
     plan to correct the problem, but EPA
     will  not  cover  additional  costs  for
     the design and building costs  of any
     necessary  correction.

The   grant   program   concludes   with   a
process  called   closeout,   which  may   be
preceded  by   a  project   audit  (not   all
projects are  audited).
WHERE DO WE GO FOR HELP?

EPA  and  IHS  are  working  together  to
implement  this  set-aside program.    EPA
has responsibility  for award of  grants, as
well  as   administration  of   the  project
priority   system  and  overall   program
oversight.    IHS  will  provide  technical
assistance  and  engineering   services,  at
Tribal request  and  as  resources  permit.
IHS can  help with  preparation of program
materials  including  applications, locating
sources of  funding for project components
not  eligible   for   EPA   funding,  project
planning, design, and building management.
IHS offices may also be involved in review
of grant  applications, evaluations for  EPA
for awarded  grants,  and oversight during
building  and  the  first year of  operation.
Some   specific   sources  of   help    and
information you may need are  discussed in
the following sections.
Help With The Priority System (Chapter 2)

EPA does not intend that the Tribe collect
new data  to  request  priority  for  grant
funding.  However, you may want advice
on  gathering  existing  information needed
to request priority  ranking.  EPA  and the
Indian  Health  Service  both  may   have
information  that you  can  use.  EPA has
several  data  bases containing  monitoring
data  that   may  be   applicable  to   your
project.  IHS may have conducted a survey
of  your reservation that you can  use  in
documenting needs.   The State adjoining
your Tribal  land may also have planning or
monitoring data that would apply  to your
project.

If  you  have  questions  about  requesting
priority  ranking or  about   what kind  of
project  to  propose, contact  the  Regional
Office  of   EPA.     The   restrictions  on
eligibility for  EPA funding purposes may
affect  your  decisions.  EPA  or IHS can
advise you  about  the  various  technologies
that  might   be   appropriate   for   your
community.
Help  with  Applying  for  a  Grant  (after
receiving priority status)

Once  you are notified that you  have the
priority ranking necessary  for applying for
a grant,  the  EPA Regional Office serving
the area  where  your Tribe is located can
help with the grant application.   The EPA
Regional    Offices   have    experienced
Construction   Grants   Program    staff
designated to assist you.  They can answer
questions  about  filling out the forms and
about  the   requirements  the   proposed
project will have to meet.  See Appendix  B
for a  list of these contacts.

At  a  pre-application  meeting,  EPA  can
identify  sources  of help  and information.
The Indian Health  Service is working with
EPA  in   the   Indian  Set-Aside Grants
Program   and can  advise  you,  especially
about technical and financial issues.
                                         1-4

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Help with Other Funding Sources

A  key problem  you will  have to solve  is
the funding  of  related costs  that are not
eligible for  EPA  grant  funding.    Some
possible  sources  of  funds  include  IHS,
HUD,   Farmers'   Home    Administration
(FmHA), bonds you issue to borrow money,
loans  from a bank,  or revolving loan funds
that  some  States are  starting.   EPA and
IHS can advise  you on  gaining access  to
these and other sources of funds.
Other Sources of Advice or Assistance

Each  EPA  Regional  Office  employs  an
Indian Program Coordinator.    This staff
person is responsible for working  with  the
Tribes,  States, and  the  EPA  Region and
Headquarters    on    system    operation,
management,  and  regulatory  issues.   The
Indian Program Coordinator is another EPA
resource  person  the  Tribe  can contact  for
assistance. (See Appendix B.)

Under  the  current  Construction  Grants
Program for States and municipalities, each
State  has designated an agency to  act as
the primary  agency for EPA construction
grants.    These  State  agencies  have  a
wealth of experience  in dealing  with  the
Construction Grants Program.  They may be
able  to  provide  valuable  advice,   for
example, on what you  can  do  in the design
and  building phases  of your  project to
make operation and maintenance easier and
less  costly.  The  EPA construction  grants
staff can provide you  with the appropriate
contacts.

The U.S. Department of Health and Human
Services   funds  six  regional  technical
resource  centers to help rural, low-income
communities   solve   their   water   and
wastewater problems at an affordable cost.
Six  nonprofit organizations  operate  the
Rural   Community  Assistance  Programs
(RCAP) across the  country.   They  assist
communities  in  planning,  financing, and
managing of water and wastewater systems.
Each RCAP  works with a specified number
of communities  each  year.   Even if your
project  is  not   selected   as one   to  be
directly assisted  by an RCAP agency, they
can provide you  with  references and help
in finding other  agencies or contacts that
can provide assistance.  (See Appendix  C
for a list of RCAP contacts.)

EPA operates  a  clearinghouse at the West
Virginia   University   (see   below)  for
information   on   wastewater   treatment
technologies that are of particular interest
to  small   communities.      The   center
maintains a data  base of information  on
wastewater  systems,   answers   questions,
publishes   a  newsletter,   and   organizes
seminars  on  financing,   planning,  and
managing small  wastewater  systems.  The
Small-Flows  Clearinghouse  can  provide
names   of  local  experts,  documents  on
system   design,    videotapes,  and   other
services.  Its toll-free  number  is (800-624-
8301).

The  Bureau of  Indian Affairs  should be
consulted  about  right-of-way  issues  and
can  assist  with  archaeological  studies
required    for     your    Environmental
Information Document (see Chapter 3).

Additional information may be  found in
several  EPA publications including:

1. It's  Your  Choice--A  Guide  Book for
Local   Officials  on   Small  Community
Wastewater  Management  Options   (EPA
430/9-87-006, September 1987).

2. Financial Capability Guidebook (March
1984)--A tool for analyzing a community's
financial  and  management  capability to
construct, operate  and  maintain a proposed
wastewater treatment facility.

3. Touching  all  the  Bases—A  Financial
Management    Handbook    for    Your
Wastewater  Project   (EPA  430/9-86-001,
September 1986).
                                         1-5

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Other sources of information include:

1. EPA Headquarters and  Regional  Offices
(See Appendix B.)

2.   National   Small   Wastewater   Flows
Clearinghouse,  258  Stewart  Street,  West
Virginia   University,  Morgantown,  West
Virginia  26506
(800) 624-8301
                                         1-6

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                                  CHAPTER 2
      REQUESTING PRIORITY AND APPLYING  FOR A  GRANT
HOW SHOULD WE BEGIN?

In the Indian Set-Aside Program, a certain
amount of  work  must  be  done  by  the
applicant  before the  grant  process can be
initiated.  You must assemble and  submit a
request for  priority ranking.  The process
for requesting priority for  your project is
discussed  in the following sections.  Once
EPA  notifies  you  that  your project  has
received priority  for funding, you  may
prepare the  grant application, select an
engineer to assist  in its  preparation (if
desired)  and  develop  a  plan  of  study,
which includes  a  cost  estimate  for  the
project.   The costs of  these preliminary
activities  cannot be  charged to  the grant,
so  you  need  to  gather  the   necessary
information while  keeping expenditures to
a minimum.  Concentrate on defining the
basic  problem, identifying sources for the
data that  you need (1) to be ranked under
the priority ranking  system and  (2) after
selection for priority, to prepare  a  grant
application, including  developing a  cost
estimate  for   completing  the   proposed
project.   These  pre-application tasks  are
described  in more detail below.
HOW DO I OBTAIN PRIORITY FOR MY
PROJECT?

After  reading  these Guidelines,  call the
EPA  Regional  Office  if  you have  any
questions  on the following  process.   The
first  steps  in  obtaining  funds  from the
Indian Set-Aside  will be  to submit your
project for  ranking to  the EPA Regional
Office serving  the area where  the Tribe is
located.   If you  want  to  propose  more
than  one  project,  a  separate  request for
priority will be needed for  each.

You  will   have  to  provide  your  EPA
Regional   Office  with  the   information
needed  to  understand  and  score  your
project  under the National Indian Project
Priority List system.  Your goal will be to
document  the  extent  of  the  problem  as
clearly as possible using the best available
information. However, EPA is not looking
for large  amounts of  data.   Limit your
description of the problem to less  than  ten
pages, based on the information discussed
in the sections  that follow and the scoring
sheets   in   Appendix   D  that  the  EPA
Regional Offices will use for scoring your
request.    You  may   provide  additional
supporting  documentation  as attachments.
You may  use  the information  that  was
provided to  EPA or IHS for the  Indian
Needs Assessment, but EPA recognizes you
may need to add to that information.

The Regional  Offices  will  forward  the
project  descriptions to  EPA  Headquarters.
EPA Headquarters will review  the scores
for  national  consistency  and  rank  the
projects  by score to  form the   National
Indian Project  Priority List.   The funding
requested by each project will be added in
order of priority until the amount available
for the  year is reached—this sets the limit
called  the   "fundable  range."   A  project
must be  ranked within  the fundable  range
of the National Indian Project Priority List
to  be   eligible   to    submit   a   grant
application.  Projects  that are  not  in  the
fundable range in the first priority  list
(FY 1987 and 1988 funds) may apply again
for the  second list (FY 1989  and  1990).
The same information may be used in  the
second application, and  additional data may
be  supplied,  as  well.    Of  course, requests
for priority also may  be submitted  for
projects that were  not  ready to apply  for
the first round  of  funding.

This  priority   system   is   not  used   to
establish need,  but to determine the extent
or  degree  of  the  need  of  a  project  in
relation to  other projects. Inclusion in  the
Indian  Needs Assessment is  not required;
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however, the Clean Water Act does require
that  the  choice  of  projects  to  receive
federal  funds  be based on  water quality
and public health considerations.

The priority  ranking system is based  on
three  categories of criteria:

•    Water quality,
•    Public health, and
•    Existing level of treatment.

The information discussed  in  the  sections
that  follow  will  assist   the   Tribe  in
preparing  information  on  each of  these
categories.   This information will  be used
by  the EPA  Regional Office to determine
the  extent  and  degree  of an  existing
pollution   problem.     The   information
presented  here  is  the  minimum   EPA
believes  it needs  for ranking the  project.
The Tribe is  encouraged  to provide  any
other  information   that  will   assist  in
determining  the  project's priority.   Refer
to the scoring sheet EPA will use  in  its
ranking  process  which  is  provided  in
Appendix D.
Project Information

The  request  for priority  should  describe
the magnitude of the problem including the
population affected  and to what extent the
project  will  address  the   problem.     A
project cost estimate is also needed.  EPA
or IHS may be able to  provide  an  estimate
that will serve this purpose.
Water Quality

This  category  includes  the  information
required  to  document  effects  on surface
water   and   groundwater   regardless  of
whether the  current wastewater treatment
system  discharges to surface  waters, is a
nondischarging system,  or is a  system that
has  both discharging and  nondischarging
components.
In the case of impacts on surface water:

•    What is  the use of the  waterbody to
     be supported by the project.

•    Are  any swimming  areas or  aqua-
     culture   areas  (e.g.,  fish,  shellfish,
     wild  rice)  closed  (or   consumption
     restricted)  because of  contamination
     from municipal wastewater discharge?
     Include  a statement  from  the health
     agency  that required the closing.  To
     what extent has  the  waterbody  been
     affected?

•    Has  the  facility had permit violations
     during  the twelve preceding  months?

•    Describe any measures  undertaken to
     protect  the waterbody.

For   those   applicants   whose   pollution
problems  are a  result of  nondischarging
systems, including on-site  systems  such as
septic  tanks, other non-sewered  systems,
or sewered systems  with no discharge such
as evaporation lagoons:

•    What is the  failure  rate  of  existing
     treatment systems within  the  project
     area?    For  the  homes  that  have
     failing  septic  systems, where  do they
     get their water (from an existing well
     on the   property  or  a  public  well?)
     How  far is  that well  from  failing
     systems?

•    How  often  and to what extent does
     effluent from  these failing  systems
     pond on the surface?

•    How  near  is the  waste  to residences
     and/or  public  areas?

•    Are  wells  unsafe for  drinking,  or
     have elevated  levels  of  pollutants
     (such  as  coliform   bacteria  and/or
     nitrates) been  detected   that  can  be
     related  to the failing  systems?
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•    Describe the measures undertaken  to
     prevent impacts on  public health and
     ground water.

Tribes  may provide other water  quality
information,  beyond  the  data  described
above.   For  example, you may  describe
how the project will help  protect priority
water  quality  areas,  such as  wild  and
scenic rivers,  fish  spawning areas, a sole-
source aquifer,  etc.  Other possible data,
if   available,   include    proportions   of
pollution-tolerant  and   pollution-sensitive
species,  diversity  of    aquatic  life  and
numbers  of  individuals,     presence   of
endangered   species,   length   of   stream
segments affected by the pollution,  stream
characteristics,  and  background  conditions.
Public Health

Water  pollution  effects  on  public  health
mainly relate  to  the  potential for disease
outbreaks  and contamination of  drinking
water supplies.

•    Describe    any   disease   outbreaks
     believed to  be related to inadequately
     treated  sewage.    This  description
     should  include the types  of disease
     outbreaks, number  of  cases, and  the
     frequency   and  duration   of   the
     outbreaks.  Include a statement from
     a  public health  official  explaining
     how  the  outbreaks  are  linked  to
     inadequately treated sewage.

If  surface  water  supplies   are  used  for
drinking water:

•    How  far is the  existing wastewater
     discharge   from   any   affected   or
     potentially   affected    water   supply
     intakes?

•    What (if  any) type of  contamination
     is  occurring  (e.g.,  fecal  coliform,
     nitrates,  pesticides,  other  chemicals,
     etc.)?  How  often and for how long?
For   those   areas  with  nondischarging
wastewater systems where ground water-is
used as a water supply:

•    How deep is the water  table  in  the
     area where wastes are disposed?

•    How   readily   will  waste   migrate
     through the soil?

•    What type of contamination (if any)
     is  occurring  (e.g.,  fecal  coliform,
     nitrates, pesticides,  other  chemicals,
     etc.)?

Provide any  additional documentation that
is available,  such as the  soil type, geologic
structure, and  hydraulic conductivity and
gradient  in  the  area   where  subsurface
waste disposal is  a problem.

The existing condition of  the habitat  for
aquatic life, habitat  restoration potential,
and use  of  the harvest (commercial,  sport,
subsistence,  etc.)  may be documented if it
assists in  describing  the  significance of
the  problem and in  linking  the pollution
problem to public health  problems.

Segments  of  water  bodies where  water-
dependent recreation  has  been  restricted
as a result of the pollution problem should
be  identified along  with the proximity of
the wastes to these areas.

Existing  and  potential  use  of  affected
water  (e.g.,  religious,   cultural,   fishing,
swimming, boating)  and  the  intensity of
use  are  other  types  of  information  that
can help  increase EPA's understanding of
the need for your proposed project.

In  addition,  if   the  existing  wastewater
system is under a Tribal, State, or  Federal
enforcement order,  you  may  describe  the
circumstances leading to the  order.   You
should include information on actions you
have taken  to  improve the situation or to
try to avoid being out of compliance with
your   permit     or   other    enforceable
requirement.
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Existing Level of Treatment

Describe the  level of  treatment that the
existing  wastewater  system  now  serving
the Tribe is designed  to provide.

•    The level of treatment of any central
     treatment   system   (i.e,   primary,
     secondary, or advanced treatment);

•    Existing on-site  systems (e.g.,  septic
     tanks);

•    No existing treatment systems; or

•    A combination of these situations.

If the system is not operating as designed,
describe why.

Generally,  the  Clean Water  Act  requires
systems  that discharge to surface water to
provide secondary treatment.   If you have
a wastewater  treatment plant  that provides
secondary treatment,  your project will not
receive  as  many points in this category as
those with  no  treatment or  only  primary
treatment.   If different areas of a project
are served  by differing levels of treatment,
estimate  the  population served by  each
level of treatment.

Areas served by  septic  systems or  other
on-site   systems   should   estimate   the
population  served  by  properly  operating
on-site  systems  versus   those   served  by
failing  or   likely-to-fail  on-site  systems
(e.g.,  systems   located  over  areas   with
nitrates and/or  bacterial contamination in
the ground  water, especially in the case of
sole source  aquifers,  or  systems   with
surfacing  effluent, or systems expected to
cause these problems within  three to five
years if not corrected).
WHAT DO WE DO NEXT?

Once EPA  has  informed  you  that  your
project  has received priority  for  funding
on  the  National Project  Priority List, you
may  prepare  a grant  application.    The
information required depends on what type
of grant you are requesting.  The type -of
grant assistance you  need  depends on how
far  along  you  are  in  the  wastewater
planning process:

•    Apply for a  Building grant  if  you
     have  completed facility  planning  and
     have   developed   the   plans   and
     specifications    for   the    proposed
     project;

•    Apply for a Design and Building grant
     if your facility plan is  complete, but
     you    need   grant   assistance   for
     designing and building  your project;
     and

•    Apply for  a   Planning,  Design  and
     Building  grant  if  you   have  not
     prepared a facility  plan.

The formal award  any  of these types of
grants obligates funds from the Indian set-
aside for  the applicant's project.  For each
step, you  may request payments from EPA
as  costs are incurred,  except in the case
of  an  advance,  which you may receive as
an  up-front payment or  under a negotiated
schedule.     Grantees   may   receive   an
advance at  the beginning  of  each  step
based  on  a percentage of  the estimated
final  cost  of  building  the  facility  as
described in Tables 1 and  2 of Appendix B
of 40 CFR 35.

Grantees who have completed the planning
or  design  steps  without  grant assistance
may   receive  an   allowance   for   costs
incurred based  on  the  percentage  of the
estimated final cost of building  the facility
as shown in the  Tables described above.

The   paragraphs   that    follow  describe
several actions  that you need to  take
when you decide to apply for a  grant.

Pre-Application  Conference—After   EPA
notifies you  that  your project is  in the
fundable  range and you are  selected to
apply  for  a grant, EPA will provide you
with other guidance that you will  need
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during the grant application process during
a  Pre-Application  Conference.   EPA  will
want you  to  identify  any  Water Quality
Management    Plan    or    enforceable
requirements (such as  a National Pollutant
Discharge  Elimination  System  (NPDES)
permit, ground  water  standards, or other
local requirements)  that may apply  to the
proposed  project.   You  may  choose  to
work with EPA, IHS, or perhaps a State  to
provide   project   review   and   technical
assistance, and fund administration.  In all
cases,  EPA  will  have the  final  project
review and approval authority.   A  listing
of  EPA   Regional Office  contact  points,
addresses,   and   telephone  numbers   is
provided in Appendix B.

Specification  of  Authorized Agency—The
Tribe must designate a governmental body
within  the  Tribal structure,  such  as  a
Tribal  utility  authority,  to  be  legally
responsible  for  the  project.   This  body
must have  the  legal authority to execute
contracts  and prepare  grant documents on
behalf of the Tribe.

Selection  of Consultant—The  selection  of
an architect/engineer (A/E) is one of your
most important  decisions.   Often, the A/E
will   do  most  of  the  work in  both  the
facility planning  and  design steps of the
project and will provide additional services
during   the   construction   and   initial
operation  of  the  facility.    Additional
information  on the selection  of an A/E
can   be  found   in Chapter  3  of   these
Guidelines.  It  is  important  to  remember
that   the  costs  of  preliminary  activities
such  as  selecting  an  A/E   cannot  be
charged to the  grant.   The Indian  Health
Service may be  able to  fill  this role if you
wish  and in any  case  is  a  possible source
of expertise related to facility  planning
and design.

Retention of Legal Counsel—You are likely
to need  legal   counsel  starting  with  the
earliest phases of the process.

Consultation   with   Interested   Parties--
There may be members of the public to be
served  by  the  system and  private  and
public bodies with either direct or indirect
interest  in  the  outcome  of  the  project.
Public   meetings  with these groups  can
allow  as  many  views  as  possible  to  be
incorporated  into  the  planning  process.
Involvement  of   the  public  is  required;
begin  establishing a dialogue as early in
the process as possible.

Development  of  the  Plan  of   Study—A
simple Plan  of Study may  be required if
you  have  not completed  a  facility  plan.
The  Plan of Study should include:

•    Identification  of  the  proposed study
     area;

•    Identification of the parties to do the
     planning;

•    Outlining the  scope  of the planning
     effort,   including  a   schedule  for
     completion of tasks;

•    Outline  of  the  public participation
     program; and

•    Estimated  costs of each step  of the
     project   (planning,     design    and
     construction).

Each of  these items should  be discussed at
a  level of detail appropriate  to  the  scale
of the proposed project.
Applicant Qualifications

A grant application  must demonstrate the
applicant's   capability   to   successfully
undertake  a  wastewater treatment project.
The    recipient   organization   must   be
authorized by the  governing body of  a
federally recognized Tribe or Alaska Native
Village to be eligible  to  receive  Indian
Set-Aside  grant  funds.   In  addition,  the
Tribal government must  have the ability to
manage the funds. These requirements are
discussed in the following paragraphs.
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The  Tribe  must  provide  information  to
document   that   it    has    the   legal,
institutional,  managerial,   and   financial
capability to ensure adequate construction,
operation,   and   maintenance   of   the
proposed  facility   to   receive   a   grant
through  the  EPA  process.    Your  EPA
contact  can  advise  you  of  options that use
the ability  of other agencies  to  augment
your  own.     This  information  should
include:

•    Roles and responsibilities of  the units
     of government that will  manage the
     project;

•    Description of the  Tribe's experience
     in  managing projects of  similar size
     and  the  boards,  committees,  and
     other  governmental bodies  that  are
     available   to   provide   institutional
     support  for  the  project (including
     before,     during,    and     after
     construction);

•    Up-to-date  cost   estimates  for  the
     project,    including    any    future
     segments   and  phases   required  to
     complete   the  overall   wastewater
     treatment  system  (this estimate will
     vary in  detail depending on whether
     the  planning  and  design  steps  have
     been completed);

•    A  plan for  financing related costs  of
     the facilities that won't be funded  by
     EPA (the EPA Regional Administrator
     or  designee  will  make  the  final
     determination on what  constitutes  an
     allowable cost);

•    A  listing of other proposed funding
     sources and status  (application  made,
     funding approved, etc.);

*    Indicators  of  the  Tribe's  financial
     condition including historical  trends
     in   the availability  and  sources  of
     revenue;

•    Documentation  that   the   revenues
     provided  by the  initial users  of the
     system   and   the   Tribe   will   be
     sufficient   to   cover   the  cost   of,
     operation and maintenance.

•    Cost per household and whether  or
     not these costs have  been presented
     to the community for comment; and

•    A letter  from an appropriate official
     of the  Tribe certifying that the Tribe
     has  the  capability to  finance and
     manage the proposed facility.

Chapter  4  of  these Guidelines  describes
the  staffing  you  may  need   to  insure
adequate  management of  the project.   If
your  Tribe  or village  does not  have  the
capability   to    meet    EPA's   program
requirements,  you may  request  that  the
grant funds be  transferred  to  the IHS  or
an   approved    State   program   to   be
administered   for   your   (the   grant
recipient's) benefit.
GRANT OFFER OR AWARD

At the time  of  the grant offer, EPA will
specify the amount  of time  the Tribe will
have  to  meet certain  requirements.   If
these  requirements  are  not  met within  a
reasonable  period of  time  (as  determined
by  EPA)  the  money allocated for  that
project will  be returned  to  the  Indian Set-
Aside.    The  Tribe  may  enter  into  a
Memorandum of Understanding with IHS or
a cooperative agreement with  a State  to
meet EPA's requirements.

If your Tribe  has received  a grant from
EPA  in  the  past   (e.g.,   a  grant  for
construction    of   another    wastewater
treatment  project) the Agency will  review
the  status of that grant  before  making  an
award under  this program.
HOW WILL OUR PROJECT BE REVIEWED?

Some requirements only  apply to certain
types of  grants.   Others  only apply  at
certain  stages.    The  requirements   have
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been  grouped  so you can  focus  on the
items that you need to consider first.
Requirements All Projects Must Meet

Before  any grant  can be  awarded,  there
are  certain  requirements  that  must  be
fulfilled.

Water   Quality  Management   Plans  and
Standards:   The  goal of the  CWA  is to
protect  water  quality.   The  basic  tools
used to  implement this  provision  of the
Act  are  water  quality management  plans
and  designated  water quality  standards.
The  applicable  water  quality  management
plan and standards are used in establishing
the need for the proposed  facility  and its
relation to other needs and facilities.  If
no  applicable  water  quality  management
plan or standards have been developed for
the project area, EPA  will help determine
what plan and  standards are to be used.

Designation    by    the   Water    Quality
Management  Plan:   If  an  applicable water
quality   management   plan   has   been
developed for the area to  be served by the
proposed  project,  the  Tribe must  be the
governmental body designated by the Plan
or   identified   by  the   EPA   Regional
Administrator.   During facility  planning,
the Tribe should coordinate with adjacent
service  areas, both Indian and  non-Indian.
Cooperative  arrangements  between States
and  Indian Tribes are  encouraged.

Priority  Ranking:   The  project must be
within  the  fundable  range  of the  Indian
Set-Aside  Program.    EPA  will   notify
applicants in the fundable  range that they
should begin to prepare an application.

Eligible  Projects:  Only  certain  types  of
projects  are  eligible for funding  through
the Indian Set-Aside Program.  The project
must be for the  planning,  design  and/or
building of interceptor sewers, wastewater
treatment   facilities   (conventional   or
alternative),  infiltration/inflow  correction,
collector  sewers,   major   sewer  system
rehabilitation, and correction of combined
sewer  overflow.   Also see  the  definition
"Eligible for Funding" in the Glossary.

Planning  costs  may  be  covered  by  an
advance based  on the  estimated  cost of
building the project.   The  applicant  will
need to identify the sources of funding for
the portions of the  project  that  are not
eligible  for  funding  through the  Indian
Set-Aside Program.

Federal   Facility   Service   Restrictions:
Federally owned  and  operated  facilities
served by the  project must  be identified.
Capital costs for providing service to  these
facilities  are  generally  eligible   if  they
mainly  serve Native Americans  (e.g.,  BIA
and   IHS  facilities).     However,   these
facilities  will  need  to  pay  user  charges
under  the  Tribe's  User  Charge  System
(P. 2-9).

Industrial   Service   Restrictions:      The
portion of the  total  wastewater  treatment
works  capacity  built  to handle  industrial
flow must be identified.  Portions of the
project    constructed   solely   to    serve
industrial facilities  are  not  eligible for
EPA funding.   The  industrial  portion of
the  treatment  plant  influent must  meet
applicable EPA pretreatment requirements.

Facility  Plan:  An acceptable facility plan
must   be  submitted  before  Design  or
Building  can  begin.   The  facility  plan
consists  of   the   plans  and  studies   that
directly  relate  to the  proposed  treatment
works  that  are necessary  to comply  with
the requirements  of  the Clean  Water  Act.
The  facility plan substantiates  the  need
for the proposed facilities.  It also  is used
to document why the selected  treatment
system  best  meets your  needs. It includes
information   on  estimated  project  costs,
details of the proposed system, a  summary
of public participation, and other topics.

Environmental  Information Document:   As
part of your facility plan,  you will develop
an  environmental  information document.
This document  must  be  approved  before
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design  or  building  can  begin.    The
environmental information document (EID)
evaluates the direct and  indirect effects of
the proposed project on:

•    Historical    and    archaeological
     resources

•    Environmentally  sensitive  areas and
     species

•    Air quality

•    Drinking water

The EID will be used by EPA to determine
if an  Environmental Impact Statement must
be  developed  for  the  proposed  project.
Other  agencies  may  be able  to  assist  in
gathering or providing information for the
EID.   For  example, BIA often  can  supply
land   use   and   archaeological   data.
Additional    information    about    the
environmental review process can be  found
in Chapter 3 of these guidelines.

Intermunicipal  Service Agreements:  If two
or  more political  jurisdictions  are  to  be
included in the project,  the eventual grant
applicant may be a joint authority that
represents  all  of  the   jurisdictions  or  a
designated lead agency.   In such cases the
facility plan will  be developed consistent
with   a   written  intermunicipal  service
agreement.

Infiltration/Inflow:   The applicant must
demonstrate  that   each   sewer  system
discharging into  the treatment  works  is
not  subject to  excessive  infiltration  and
inflow (I/I).

Existing  Need/Reserve  Capacity:   Those
portions of a  project that address existing
need,  as   of   the  date  of   the  grant
application,  are  allowable  for funding.
Where  environmentally  sound  and  cost-
effective,   limited  reserve  capacity  for
future needs  may  be  considered  on  a
project-by-project  basis.   Existing  need
also  includes  nonsewered homes  in  the
service area.
Intergovernmental   Review:       Federal
regulations require that information  about.
any  project proposed for  federal  funding
must  be  provided to  other governments
that  might be interested in or affected by
the  project.     The  review   process  is
conducted  to  minimize  problems  and to
give  other jurisdictions the opportunity to
comment  on the  proposed facility.    The
intergovernmental review  process  for  an
Indian set-aside  project will be coordinated
by the EPA Region.  The Tribe  will submit
the  application   to  EPA,  and  EPA  will
notify  jurisdictions,   including   federal
agencies, that  may have an interest  in the
proposed facility.  Additional information
regarding  the  intergovernmental  review
process  can be  found in Executive  Order
12329 and 40 CFR Part 29.

Procurement:  A  grantee must  follow the
procurement  process  provided  in  Federal
regulations   (40   CFR   31),   including
applicable Indian Preference provisions and
the affirmative   steps for utilizing  small,
minority, and women's business enterprises.
EPA  cannot  recognize  "Tribal"  or   local
preference ordinances, nor  is EPA subject
to Federal Buy Indian provisions.

Use  of  Debarred  and  Suspended  Firms:
The   General   Services   Administration
maintains    a    list   of    individuals,
organizations, and  units  of   government
that   have  been  debarred,  suspended, or
voluntarily  excluded  from  the  program.
The  Tribe should contact the EPA Regional
Office  to  obtain an  up-to-date  list  of
these firms.

Additional Federal Requirements:   As with
any  Federal  grant  program, grants  from
this  program  are subject to other Federal
laws  and  regulations,   in  addition  to
specific  requirements of the Clean  Water
Act.   Guidance on  how  to  comply with
these laws can  be provided  by EPA  staff.
Some  examples  of  these  laws  and  the
requirements they place  on a grant project
are listed in Appendix E.
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Requirements  that  Apply  at  the  Desien
Phase of a  Design and Building Grant or
Application Phase  of a Building Grant
Before  the  project   can  move  to  the
building phase, the following requirements
must be met.

User Charge System:   The source of  funds
to be  used to operate  and  maintain the
facility must be identified.  This is usually
done by a community  adopting a system to
assure   that  each   recipient  of   waste
treatment  services  will  be  assessed  a
proportional  share   of  the   costs   of
operation and maintenance  of the  facility.
For this Set-aside program,  operation  and
maintenance expenses  not  paid  for  by
revenues from a user  charge system may
be augmented by other Tribal funds.

Sewer  Use Ordinance:   The  approval of a
sewer  use  ordinance  or equivalent  legally
binding document is  a  prerequisite to the
award  of a  building grant.  A model sewer
use ordinance  is available  from EPA.  A
sewer use ordinance must:

•    Prohibit    new    inflow    sources
     (extraneous  water generally associated
     with storm events);

•    Assure    that    new    sewers    and
     connections are properly designed and
     constructed;

•    Prohibit the introduction of toxic or
     hazardous  wastes into  the  sewers in
     an amount or concentration that:

          Endangers public safety,

          Endangers  the physical integrity
          of the system,

          Causes violations  of the NPDES
          permit,

          Precludes selection  of  the most
          cost-effective   alternative  for
          treatment,   reuse,   and   sludge
          disposal; and
•    Ensure that all  existing  residences in
     the sewered area will connect to the
     sewer  system   within  a  reasonable
     time after completion of  the project.

Completion of All Plans and Specifications:
Before the facility can be built,  all plans
and  specifications for the project must be
reviewed and accepted by EPA.
Requirements  for  the  Building Phase of a
Design and Building Grant or Application
Phase of a Building  Grant

Non-Restrictive    Specifications:
Specifications   must    be   written   to
encourage   free   and  open   competition.
Specifications cannot  contain exclusionary
or    discriminatory    requirements    for
structures,    materials,    equipment,   or
processes   other   than   those  based   on
performance.  When it is not practical to
make a clear and accurate description of
the technical  requirements, a "brand-name
or  equal"   description  may  be  used  to
describe the minimum requirements.

Buy American:    The  CWA  requires that
preference  be  given  to  American-made
construction  materials   in   EPA   grant-
assisted projects.   Materials  made  in  the
U.S. can cost  up  to  6% more  than foreign-
made  materials  and  still be  considered
cost-effective.

Plan  of  Operation:   A  draft  plan  of
operation must be completed and submitted
to EPA before the award of  a contract to
build  the  facility.    This  draft  plan
summarizes   the   actions  necessary   to
identify  steps  required  to  ensure  cost-
effective,  efficient, and reliable  project
start-up     and    continued   successful
operation.   The  final  plan  of  operation
must  be submitted to EPA before or at the
same    time   you    request   the    50%
construction payment.   The final plan of
operation should address the following:
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•    Budget

•    Financial management system

•    Staffing and training

•    Emergency operations program

t    Administrative functions

t    Start-up services

•    Operation and maintenance of specific
     treatment processes

•    Availability   of    laboratory
     services

•    Operation    and   Maintenance
     Manual

One-Year  Certification:  One  year  after
initiation of  operation, you must  certify
that  the  facility  is  or  is not  meeting
project  performance  standards.   To help
achieve an  affirmative certification,  you
must   execute   an  engineering   service
agreement  for one year  with  IHS or the
A/E firm that supervised building.  This
agreement    is    to    provide   training,
supervision   of  initial  operations,   and
technical  assistance during  the  one year
project performance certification period.
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                                  CHAPTER 3
                           TECHNICAL GUIDANCE
This chapter of the guidance  reviews  the
procedures the Tribe should follow  when
starting the project.  It provides the  Tribe
with   information   on   selecting   and
procuring the services  of an engineer and
identifying   other     agencies    and
organizations  that  can help with project
planning and development.
FACILITY   PLANNING   FOR  SMALL
COMMUNITIES

EPA's Indian Set-Aside Program requires a
facility plan to ensure that the most cost-
effective  and  appropriate environmental
solution is selected for your project.  The
major  step  in  this process is  the facility
plan.

Most  Tribes  are  in  small  communities.
Facility   plans   developed   for   small
communities must address issues that differ
from  those  faced  in  larger  communities.
The per  capita  costs  for  conventional
wastewater  treatment   projects   may  be
higher in smaller communities, often due
to the size and population  density of these
communities.   Smaller  communities have
fewer financial and management resources
to   support    the    project.       These
circumstances   make it  critical that such
communities use  cost-effective  treatment
systems.

Treatment   systems  with  low  costs  for
operation,   maintenance,   and  equipment
replacement  are  especially important, as
these   costs   will  influence  the  annual
operating  costs  of  the facility  to  your
community.   Small sewered  communities
must at least consider land treatment and
other   low  cost   alternatives,  such  as
facultative   ponds   and   sand   filters.
Communities or  portions  of  communities
that are unsewered should  consider on-site
treatment systems.
Information has been developed by EPA to
assist communities  in  the  selection of an
appropriate    wastewater    treatment
technology.   Chapter 5  of the guidelines
identifies agencies  and organizations  that
can  help Tribes with  the operation  and
maintenance   of the  selected   treatment
system once building is complete.

Your contacts  at EPA  and IHS can help
you  get  the  most  benefit  from  these
materials.     You  may  want  to  hire  a
consulting   engineer  to   provide   expert
assistance as well.
ALTERNATIVE
TECHNOLOGIES
TREATMENT
Alternative    treatment    technologies
emphasize   water  conservation  or  the
elimination  of  the discharge of pollutants.
They place  strong emphasis on reclaiming
and    reusing    wastewater,    productive
recycling   of   wastewater  and   sludge
constituents,  energy   recovery  or   other
environmental benefits that may contribute
to reducing costs.

Alternative  technologies  are  available for
effluent  treatment,  sludge handling  and
disposal,    and   on-site   treatment   or
alternative conveyance  systems that have
special  applicability   for  use  in   small
communities.   Some  of the  technologies
that   have  been  defined  as   alternative
include the following:

•    Effluent    treatment--e.g.,    land
     treatment,    aquifer     recharge,
     aquaculture, horticulture,  direct reuse
     (nonpotable), and containment  ponds
     (total).
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•    Sludge--e.g.,    land    application,
     composting  before  land  application,
     and drying before land application.
•    Energy    recovery--e.g.,
     digestion.
anaerobic
•    Small  community  systems—e.g.,  on-
     site treatment (individual or cluster),
     septage   treatment,  and  alternative
     collection and conveyance systems.

Alternative  technologies are  considered  to
be  fully  proven  but  may  be  less well
known because  of infrequent  use.   They
also   may  require  special  consideration
during facility  planning.  If you  require
additional  assistance,  you should  contact
your  EPA   Regional  Office  or   EPA's
National    Small    Wastewater    Flows
Clearinghouse  located  at  West Virginia
University in Morgantown, WV  [1-800-624-
8301]. The Clearinghouse  can  assist you  in
obtaining  information on small community
wastewater treatment systems.
ENVIRONMENTAL REVIEW

The   statutes  establishing  EPA's   grant
program   have   extensive  environmental
requirements  and  processes.     However,
EPA  has designed  the  Indian  Set-Aside
program  to make the environmental review
process as easy as possible.

Your environmental information  document
in  the  facility  plan   will help  EPA  to
determine  whether  EPA  will   issue  a
Finding of No Significant Impact (FNSI) or
whether a full-scale Environmental Impact
Statement (EIS) will  be  necessary.   Most
projects will  only need a FNSI. Your EPA
and  IMS  contacts can help you decide how
to address environmental issues.

Some types of projects are excluded  from
the  requirement  for  an  environmental
review.   Your EPA contact can determine
if your project  qualifies  for  a categorical
exclusion.
SELECTING   AND   PROCURING    AN
ARCHITECTURAL/ENGINEERING FIRM
(A/E)

This   section  provides   suggestions   on
selecting  an  engineering   firm  to  help
develop solutions  to  solve your wastewater
treatment problems.   The engineering firm
selected will help you  with the planning,
design,  and building  of  the  treatment
system.   Indian Health Service staff may
be  able  to  assist  in the  early  problem
identification and planning  stages and  in
the selection of your consulting engineer.

Selecting  and procuring and  A/E  firm is
one  of the most  important  tasks of  the
entire   project.       EPA   procurement
regulations  (40 CFR Part  31) must  be
followed.  If you  do not follow EPA's rules
and   procurement   regulations,   all   the
engineering  costs  could  be  disallowed,
resulting  in extra  costs  for  the Tribe.
Make   sure   you    understand   EPA's
procurement rules and regulations before
you select your A/E  firm.

The A/E   firm  that  you  hire   will   be
working  on  behalf  of  the  Tribe.  It is
crucial  that you  pick  an  engineer  who
understands    the    Tribe's    wastewater
treatment problem and can help you find
an environmentally acceptable solution at a
cost the Tribe  can afford.  Therefore, you
must  have  a clear  understanding of  the
scope of  the problem before the engineer
is hired. Contact  the EPA  Regional Office
(see  Appendix  B) to review  any  Federal,
State,  and  local   requirements the Tribe
will have to comply with  in carrying  out
the project.  Also, the Tribe  may  want to
impose its own  requirements.

The six steps described below for selecting
and  procuring  an  engineering firm meet
EPA's rules and regulations:

Create  a selection  committee—The Tribe
should  appoint a group  to  conduct  this
task.   A  committee made up  of three  to
five   individuals   is   adequate.     The
committee   should   have   a    clear
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understanding  about  the  limits  of  their
authority  and  responsibilities in selecting
the engineer.

Develop a  list  of candidate architectural/
engineering  firms—The   committee   will
want  to  contact  agencies  or organizations
such as IMS, Rural Community  Assistance
Programs,  Cooperative Extension  Service,
State    agencies,    other    Tribes,    and
neighboring  communities   for  names  of
firms  to  consider.    Keep  in mind  that
different  firms  have  different  kinds of
experience.   Try  to  identify  firms  that
have  worked  on  projects  like  the  one
you're considering.  In addition, you must
advertise  your  intention  to  contract for
engineering services for  at least  30 days
before  proposals  are  due.    Professional
journals and local and regional newspapers
are possible places to advertise.

Ask  for  a  summary of  qualifications-
Contact firms from the list the committee
develops, and ask for a statement of their
experience  and qualifications.  Once the
committee  has reviewed  this  information,
firms  that  are not  qualified  or  are not
interested  in the  work can  be eliminated,
while  qualified  firms  go  on  to   submit
specific proposals (see next step).

Issue a Request  for Proposals (RFP)--The
committee   should  prepare  a request for
proposals,   describing   the   wastewater
problem  and  asking  the firms  to  explain
how they  plan  to  solve it.   The need for
services must be advertised  in newspapers,
journals, or other  publications at least 30
days before any  proposal is  due.  The  RFP
should be  as  specific as possible in order
to  get the  best  responses.   Figure  3.1
provides an outline  for the RFP.  It  should
include the standards that will be used to
judge  the  proposal.   The  committee  may
want to ask those who helped with the list
to  help   develop  and  review  the  RFP.
Make  sure  the  statement  of  work  covers
all aspects  of  the  project, including the
design, building, and  assistance during the
one-year project performance certification
period.   Following    EPA    procurement
requirements  will  allow  you  to  use  the
same  engineer  for  the  planning,  design,
and  building phases  with  the assurance
that  these costs are  allowable for  grant
participation. Figure 3.2  is a  checklist to
help you evaluate proposals.

Interview  the   Architectural/Engineering
Firms—Based  on the  standards developed
by the  committee and stated  in the  RFP,
the best  firms should be interviewed.  Two
to five  firms is a  reasonable number  to
interview.  The  committee should consider
the following factors in the interviews:

•    Experience with Tribes;

•    Experience with similar projects;

•    Design  experience  with  wastewater
     treatment facilities;

•    Willingness to work with  the Tribe;

•    Staff experience  and  qualifications;
     and

•    Price.

After the interviews, check the references
of the firms  that are being considered.

Select  a Firm—After  the committee  has
evaluated all the relevant information and
selected  the  firm, the committee may need
to confer with the Tribe's decision  making
body regarding  their choice.   Once a final
decision  has been  made,  the committee
should  negotiate  a  fair  and  reasonable
contract for services with the A/E  firm.
The negotiation  of the  contract needs  to
include provisions for assistance during the
one  year project performance certification
period.    The  Tribe  should   obtain  legal
assistance in preparing a contract with  the
A/E firm.  The contract must protect  the
interest and the Tribe.
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                                      Figure 3.1

                      REQUEST FOR  PROPOSAL  OUTLINE

A. Cover Letter

B. Background of Project

C. Statement or Scope of Work

D. May Also Include Request for Qualifications

E. General Instruction for the Preparation and Submission of Technical and Cost Proposals
   1.  Deadline for submitting the proposal
   2.  The person to contact for additional information

F. Criteria Used to Evaluate Proposals
   1.  Firm qualifications
   2.  Technical staff qualifications
   3.  Project management
   4.  Personnel committed to project
   5.  Rates
   6.  Expenses (phone, travel, direct vs. indirect expenses)

G. Time Frame for Performing the Work

H. Contingency Plans for Cost or Time Frame Changes

I.  Legal Requirements
   1.  Liability
   2.  Other

J.  Anticipated Contract Provisions
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                                         Figure 3.2
                   CHECKLIST FOR PROPOSAL EVALUATION
EXPERIENCE AND
QUALIFICATIONS
OF FIRM:
PERSONNEL:
PROPOSAL:
REFERENCES:
Years in the field
Similar projects in scope and size
Experience in innovative/alternative design
Experience with grant-funded projects
Experience with water/wastewater rehabilitation
Experience with regulatory agencies
Licensed in your state?
Soil scientist on staff?
Number of qualified personnel offered
Experience of key personnel assigned to the project including:
       • years of experience
       • similar projects
       • education
       • experience with grant-funded projects
Location and availability of personnel
Construction services
Professional liability insurance
Operations and maintenance manual included?
User charge information included?
Itemized costs and summaries for different project phases
Total cost
How does the firm charge?
Does the proposal address all aspects of the request for proposal?
Is the reference satisfied with performance of the firm?
Did the firm meet project deadlines?
Was construction or design within the budget limits?
Is the firm willing to work for and with the community?
Was the firm successful with similar projects?
Are the utilities designed by the firm operating well?
Did the firm develop a working relationship with the town and the
construction contractor?
What was the extent of on-site inspection by tne firm?
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                                   CHAPTER 4
                  PROJECT MANAGEMENT GUIDANCE
EPA's  goal,  as  part  of  its  mandate  to
protect America's  waters, is  to ensure that
its grant funds are being used for properly
designed,    well-constructed    wastewater
treatment  systems.   In that  regard,  the
Agency has identified two concepts which
are   generally   associated    with    the
successful  use of  grant funds.  These are:
(1)  that  good  project  management  and
management  planning  will   result  in   a
successful  project, and  (2) that a properly
designed    well-constructed     wastewater
treatment  system  is  most  likely  to  be
achieved when  someone responsible for the
project  is held  strictly  accountable  for
expenditures  and the ultimate performance
of the constructed facilities.

At this point,  you should know that you
are eligible to apply for a grant under this
program  and that the project you  have  in
mind  is eligible for funding.  You should
have received priority ranking  so  you can
seek  funding.  If  you receive a grant, you
will have  to manage it properly.

Some  of the key  members of  the project
team  are  described  briefly  below.   The
cost associated  with these  members of the
project team  is generally grant eligible for
project-related    work   using   generally
accepted government accounting standards.
These  are not  necessarily  full-time  jobs.
In fact, depending on the size  and nature
of the  project, one  person  may  perform
more   than  one  role.     It   must   be
emphasized that  the  grantee  must   keep
detailed, well documented records of any
expenditures  related to the  project  (e.g.,
time cards).
Authorized Representative

The   authorized  representative   is   the
official  ultimately   responsible  for   the
project and, therefore, the management of
the project from start  to  finish.   If  a
project  manager  is  not  designated,  the
authorized   representative   should    be
prepared  to  assume  the project  manager
role full-time.
Project Manager

The  key  to  good project management is to
designate   a  project   manager   to  take
charge of  all  grant  and  project-related
activities.   This  person  should be readily
available  full-time  to  deal  with project
matters,  given the necessary  authority  to
oversee    and   coordinate    all   project
activities, and may,  depending on the size
and   complexity   of    the   project,   be
supported by  a  team of professionals who
provide advice and assistance in specialized
areas.     The   person   selected  should
preferably have  experience in dealing with
regulatory  agencies,  federal   grants,  and
construction projects, and should  have  the
ability    to    coordinate    the   project
management team effectively.
Architect/Engineer

For  projects  that   do  not  yet   have  a
facility plan or design,  an important role
to fill  is  that  of  the  architect/engineer.
IHS may be able to  provide this service in
some  cases.  In others,  you  will  want to
hire  an  engineering  firm to conduct  the
planning and design phases of the project.
Some  Tribes may have their own  engineer
available   to   do  this   work.     If   an
engineering firm is hired  for  this  work,
the  same   firm  may   be   retained   to
supervise  building  of  the  project  if  the
initial procurement  is handled according to
EPA  requirements.  (See  Chapter  3  for
advice  on  selecting  and  procuring   an
engineer).
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Construction Manager

During building of the project, the project
manager    may    provide    the    basic
construction    management    direction.
However,  the  detailed   cost  estimating,
schedule monitoring,  and  quality  control
systems on  large or complex projects may
justify  retaining  a  construction  manager.
A  construction manager  helps  the  project
manager control  project  costs  and  keep
the work on schedule.  Many engineering
and  construction  firms  offer construction
management services.
Administrative Support

The  project manager may delegate certain
administrative functions to a staff member,
if  one   is   available.     These   include
maintaining   project   records,   preparing
progress reports, etc.
Technical Advisor and Support

It is common  practice for municipalities to
hire a consulting engineering firm  to  act
in  the capacity  of the  technical advisor.
The Indian Health Service may provide this
function in some cases.  The selection of a
competent   and   experienced   technical
advisor is  an  important decision  to  ensure
that  the  project  is  well  constructed,
completed  on  time, and  satisfies applicable
requirements.   The technical  advisor may
be  the engineer  that  designed the project
or   another   one   hired   through   the
competitive   negotiation  process.     The
technical  advisor  does  not  need  to  be
located at the  project  site, but  must  be
readily available to  the  project  manager
and resident engineer or inspectors.
Resident Engineer

The   resident   engineer,   who   is   the
technical   advisor's   on-site   engineering
representative,   oversees  inspection  and
work quality, handles field communications
with    the    construction    contractor,
supervises and coordinates the work of  the
inspectors and is responsible  for  periodic
reports to the  project manager.
Inspectors

Inspection  services are often  provided by
employees  of  the technical  advisor.   The
project  manager  should ask  the  technical
advisor  how many  inspectors  are  needed
and  require at least  one, generally full-
time.    The inspector  is  responsible  for
preparing daily  inspection reports,  which
should provide enough detail that  project
events can  be  reconstructed  to adequately
resolve  any construction contractor  claims
or other issues.
Financial Advisor and Support

The financial advisor  should make  sure
that financial information is presented in a
way that  supports  decision  making  and
facilitates  audits.  The project manager  of
a  small  project  might  personally  assume
part of this function, while in a larger one
the  chief  financial  officer  will probably
provide this function.
Legal Advisor

The  bulk  of   the  legal  advice   that  is
needed  is  in  the area  of  contract  law,
although  a lawyer  may also have to be
consulted  on  issues  of  legal  authority,
acquiring    property    and    easements,
procurement,  and  resolution  of  disputes.
The legal  advisor should be  familiar  with
contracting   procedures   on   federally
assisted  projects and  be accessible  to  the
project  manager  when  unforeseen needs
arise.
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Construction Contractor and Subcontractor

The   construction   contractor   and   sub-
contractors are responsible for building the
facility and installation  of  equipment  in
compliance  with the  contract  documents,
which consist of the construction contract
and attachments, plans, and specifications.
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                                 CHAPTER 5
                    OPERATION AND  MAINTENANCE
This chapter of  the  Guidelines  identifies
agencies  and organizations that  can  help
Tribes  with the operation and maintenance
(O&M) of  the system once construction is
complete.   This  chapter  also  summarizes
operation   and   maintenance   for   land
treatment,  stabilization  ponds,   trickling
filters,  and  on-site   treatment  systems.
Operation  and  maintenance  requirements
are too  often  neglected  in the  selection
and  design of  treatment systems.    EPA
grants  will not pay for  the replacement of
pumps  and other parts of systems  when
they wear out.  You need to plan for O&M
to make  sure your system lasts as long as
it  should  and to make  sure you have the
resources  to  fix and  replace  parts  when
they break, or better yet  to replace them
before  they break.
RESOURCES AND TRAINING

This section of  Chapter 5  lists  agencies
and  organizations that  can help with  the
day-to-day operation and  maintenance  of
the system.  The Tribe  may also be aware
of local and other resources not identified
here.   The types of  assistance range from
on-site  analysis  and   troubleshooting   to
training and certification of the treatment
plant operator.
The Consulting Engineer

When  the  Tribe  negotiates  the  contract
with   the  engineering  firm,  it   should
include the  preparation  of  an  operation
and maintenance manual   and a provision
for  assistance  with  initial  start-up  and
one-year certification activities.   This is
important because once the system  is built,
the engineer should  be available  to  help
the Tribe  and the operator  in  the  event
that  problems arise.  If your Tribe  employs
a staff engineer, you may need to require
that   the  consultant  meet   with  your
engineer on an "as needed" basis.
Indian Health Service

IHS  provides Tribes  with  a variety of
training  and  technical assistance services
on  the  operation  and  maintenance of
wastewater  treatment  systems.  However,
the  amount  of  service  varies  due  to
differing work  loads and staffing in  each
IHS  office.   You may  want your  design
engineer to consult with IHS engineers on
the best way to  design  your system for
minimal    operation    and   maintenance
problems.
109fb) Environmental Training Centers

More than  23 States have  environmental
training  centers for  wastewater  treatment
operators.    Many   of  these  centers  are
housed  in  community  colleges.    AH  of
these   centers    offer   training   and
certification  for    wastewater   treatment
plant  operators.   Some  of  these centers
offer  correspondence  courses  and on-site
assistance to wastewater treatment systems
with flows under 1  million gallons per day.
EPA staff can provide more information on
these programs.
Community and State Colleges

In  many  States,  local community  colleges
and State colleges have extension programs
for  training  wastewater operators.   Many
of  these  courses are offered  through  the
mail so they do not necessarily need to be
located in your area.
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Other Sources of O&M Assistance

The  Rural Community Assistance Program,
EPA's   Small-Flows   Clearinghouse,  EPA
Regional  Offices,  and  State  Construction
Grants  Programs,  described in  Chapter 1,
may  be  sources of  O&M advice.
WHAT'S INVOLVED  IN OPERATING  A
WASTEWATER SYSTEM?

The  treatment systems  outlined  in  these
Guidelines  have  all been selected  because
they are simple  to operate and  use  few
mechanical  parts.  Mechanical  parts  not
only provide  maintenance  problems,  they
also  require  electricity  to  operate.   The
costs of pumping wastewater from place  to
place  in   a   treatment   facility  can   be
expensive,  especially  in  many rural  areas
where  energy  costs are high.  Several  low-
cost, easy-to-operate systems are described
in the following paragraphs.

Ponds and Lagoons

In their  basic  form,  ponds (they are  also
called oxidation or stabilization ponds and
lagoons) are  very simple.    Wastewater  is
placed  in ponds.   Natural biological action
treats the  sewage and the  leftover water
(effluent)  either evaporates or  is moved
off  into land  treatment, sand  filters,  or
other suitable  disposal methods.   If the
ponds  are  down hill  from the source  of
the wastewater,  pumps  may  not  even  be
required in this type of system.
Land Treatment Systems

There  are  a  number  of  types  of  land
treatment systems  ranging from a  large
vegetated  area,  to  a  farm  or  forest.
Irrigation,    overland    flow,    or
infiltration-percolation can be used as land
treatment depending  on  the  amount of
effluent  and  the soil  conditions.   These
systems allow for the  reclamation  of the
wastewater.   Some of  these require more
operation and  maintenance  than others.
Also,   the  area  where   the  effluent  is
applied may need  to be  restricted  from
public  use, and  if used  for farming some
crops  may not be grown.  These  systems
can use pumps and distribution systems to
evenly  distribute  the wastewater.   Land
treatment   systems   usually  use   ponds,
trickling   filters   or   on-site   systems   to
"pre-treat" the wastewater.
Sand Filters

A  sand  filter,  as the  name implies,  is
simply a  bed of  sand  that  has effluent
(from  a  pond, trickling  filter,  or  on-site
system) slowly run over and through it.  A
sand   filter  can   provide   wastewater
treatment   to  a   very   high  standard.
However,  though  the  sand is a simple way
to  do  treatment,  it  must be  turned  over
and worked a good deal to keep operating
well.   Small tractors or  other mechanical
devices are needed.   The sand  and other
layers  of  gravel  under  it may  also  need
periodic replacement.
Trickling Filter Systems

This type of system requires more moving
parts  and pumps.   A trickling filter  has
wastewater slowly  pass over and through a
bed  of rocks  or  similar media.    Small
bacteria  attach  to the media and digest
the  wastewater as  it  goes  by.    These
systems usually  need  a mechanical device
to evenly  distribute  the  wastewater and
pumps to  make sure the flow  is  even.
After  the wastewater has passed  through
the. tricking filter, the remaining "effluent"
is usually sent to a pond or land treatment
for additional  treatment  or "polishing." In
combination with a land or pond system, a
trickling filter can do an excellent job of
treatment  with  a  minimal   amount  of
operation and  maintenance problems.
                                         5-2

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On-Site Systems

On-site  systems  can  work  very  well  in
many of  the  rural  areas on Tribal lands.
The  most  common  on-site  system  is  a
septic tank  and drainfield.   This is a large
concrete  or plastic  box  that is  usually
located  close  to each  house  or  building.
Wastewater  flows  into  the  tank  and  is
partially  digested   by  biological  action.
The  remaining  effluent passes to a drain
field to be  dispersed in the ground.  This
type of system usually has  no mechanical
parts   and  if  operating   properly  only
requires  periodic pumping  of the  solids
from the  tank.  The pumped material must
be disposed of in  an acceptable  manner
such as in a local treatment plant.  Septic
tanks can also be  used  with  sand  filters
and  ponds  if  the  soil conditions  do not
allow  for  drain  fields.    Also,  in  drier
climates   the   effluent  can   be   passed
through  a  mound  with  grass and  plants
growing  on it to evaporate and  transpire
the water into the air.
                                         5-3

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;Appencil.!lii

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                                 APPENDIX A
                                   GLOSSARY
Advanced Treatment—Any  treatment  of  sewage that  goes  beyond  the  secondary or
biological water treatment stage and includes the removal of nutrients  such as phosphorus
and nitrogen and a high percentage of suspended solids.

Allowable Costs—The  construction costs for wastewater  treatment works  that can be  paid
for by EPA grants.

Capital   Costs—Total  cost  of  planning,  designing,  and completing  construction of  a
wastewater treatment  facility.

Categorical  Exclusion—Exemption from  the need to  prepare an  environmental  impact
statement based on meeting certain criteria.

Certification/Certify—Documentation  signed  by  the  responsible  party  that  specific
requirements or standards have been met.

Close-out—Signifies the  end  of  the  Indian Set-Aside  Grant Process.   It occurs  after
audit, if needed,  and  after EPA  has  made  a  final  determination  that  all grant
requirements have been satisfied.

Collection System—Pipes  used  to collect and carry wastewater from an individual source
to an interceptor sewer that will convey the wastewater to a  treatment facility.

Collector Sewers--The  system  and pipes, force mains,  lift  stations,  etc. that carry
wastewater  to  the  interceptor sewer.   In  general,  collectors  are  the smaller lines  that
form the network in each sub-basin.

Combined Sewer Overflow—A  combined sewer system is  one that carries both sewage and
stormwater runoff. Normally, its entire flow goes to a waste treatment  plant, but during
a  heavy storm, the storm  water volume  may  be so  great  as to cause overflows.  When
this  happens untreated mixtures of stormwater and sewage may flow into  receiving water.

Community System—Wastewater treatment  facility that  collects and  treats wastewater for
an entire community.

Construction   Grants—Funding  assistance  available  for  construction   of  wastewater
treatment facilities/systems.

Delegation/Full  Delegation-Transfer   of  authority  or  responsibility  for   program
management, including decision making regarding compliance with program requirements.

Emergency  Operations  Program—This  component  of  the  treatment  plant's  Plan of
Operation outlines operational  procedures to be utilized during emergency conditions  such
as power outage, high flow (storm) event, chlorine leakage, etc.

Enforceable requirements—Permitted effluent limits or other requirements that are subject
to penalties and other legal (enforcement) actions.

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Eligible For  Funding-Project costs that an  Indian  Set-Aside grant can  pay for,  if  they
are reasonable and necessary,  are  those  costs  that  are  eligible for funding.   Project
components  eligible  for  funding  include   intercepting  sewers,  wastewater  treatment
facilities (conventional  or alternative) and infiltration/inflow correction, collector sewers,
major  sewer  system  rehabilitation,  and  correction  of combined sewer  overflow.   A
detailed  listing of  what costs EPA considers eligible  for various parts of a  wastewater
project is available  from EPA.

Existing  Needs—For the Indian  Set-Aside Program, existing needs includes  the  capacity to
serve current housing and housing for which  public funding is committed.

Fundable Range—That  portion  of the National  Indian Project Priority  List  that can  be
funded based on the total dollars available to implement the program in a given year.

House Connections—Pipes that connect individual homes to the  main sewer pipe called  an
interceptor.   These pipes or "collectors"  transport  sewage  to  a collector that  in  turn
transports the sewage to the facility where it is to be treated.

Indian Program Coordinator—A person in each EPA Region  designated  to coordinate  all
Indian  related   activities   for  that   Region.     This  person  often  has  regulatory
responsibilities and acts as a  liaison between  federal workers and Indian Tribes.

Indian Reservation-All land  within  the limits of  any  Indian reservation under the
jurisdiction of the U.S. Government, notwithstanding the  issuance  of any  patent, and
including rights-of-way running through  the  reservation.

Indian Tribe—Any  Indian Tribe, band, group, or community recognized by the Secretary
of the Interior and exercising governmental authority  over a Federal  Indian  Reservation.

Infiltration/Inflow—Infiltration  is water that indirectly enters the sewer system  through
means  such  as defective or  cracked    pipes.  Inflow  is water  that  directly enters the
sewer system from  sources such as downspouts, field drains, foundation drains, or surface
runoff.

Influent—The wastewater entering a sewage treatment facility.

Interceptor Sewers—Sewer lines that,  in a combined  system, transmit  the sewage to the
treatment  plant.   In a storm,  they  allow  some of the sewage to flow  directly into a
receiving stream, thus  preventing  an  overload  by a sudden  surge  of  water into  the
sewers.   They are also  used  in  separate  systems to collect  the flows from main and  trunk
sewers (collector sewers) and carry them  to treatment points.

Lagoon—A  shallow pond where sunlight, bacterial action,  and oxygen work to purify
wastewater.

Land  Treatment-The use of land  to reduce the  amount of  conventional  pollutants in
wastewater by spreading it on the land under controlled conditions.

Mechanical Plants-A  structure constructed  to  treat wastewater prior to discharge  to  the
environment.    The  treatment is  accomplished  by   subjecting  the  wastewater   to a
combination  of   physical,   chemical,   and/or   biological  processes   which   reduce  the
concentration of  contaminants in the wastewater.

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National Indian Project  Priority List--A list of proposed projects, ranked based on public
health,  water quality, and existing  treatment  needs.  It is the basis  for Indian set-aside
funding decisions.

National Pollutant Discharge Elimination System (NPDES)—A provision of the Clean Water
Act  which prohibits discharge of pollutants into  waters of  the United States from point
sources  unless a  permit  is  issued  by  EPA,  a  State, or  (where  delegated) a  Tribal
government on an Indian reservation.

Need—A cost  estimate for constructing a  community  or individual wastewater treatment
facility to correct a public health or water quality problem.

Obligate—To commit funds to a  project.

On-Site System—A  self-contained system which provides both  treatment and disposal  of
wastewater on an individual  lot.

Operation/Maintenance (O&M)—Actions taken  after construction to  assure  that facilities
constructed  to treat waste water will be properly operated,  maintained, and  managed  to
achieve efficiency levels and prescribed effluent limitations in an optimum manner.

Primary Treatment-First steps  in wastewater  treatment; screens and  sedimentation tanks
are used to remove most materials  that  floats or will  settle.  Primary  treatment results
in the removal of  about 30 percent  of  carbonaceous biochemical  oxygen  demand from
domestic sewage.

Project  Performance Standards—The performance  and  operation requirements applicable  to
a project including the  enforceable  requirements  of the Act and the specification which
the project is planned and designed to meet.

Replacement—Expenditures   for  obtaining  and  installing  equipment,  accessories,   or
appurtenances  during  the  useful life of the treatment works  necessary to maintain the
capacity and  performance for which the  treatment works  are designed and  constructed.
Costs associated with such activities  are not grant fundable,  except that if  an innovative
or alternative wastewater treatment system fails, replacement costs are grant-fundable.

Reserve Capacity—The collection or treatment  facility portion that is  larger than needed
to serve existing needs.

Secondary Treatment—The second step in most  publicly  owned waste treatment systems  in
which  bacteria consume the organic parts of  the water.  It is accompanied  by bringing
together waste, bacteria, and oxygen in, for example, lagoons,  trickling  filters, or in the
activated sludge process.  This treatment  removes floating and  settleable solids and about
90%  of  the  oxygen-demanding substances and  suspended solids.  Disinfection  is the final
stage of secondary treatment.

Septic  Tank—An  underground storage tank for wastes from  homes having  no sewer  line
to a treatment plant.   The  waste  goes directly  from the  home to  the tank, where the
organic  waste  is decomposed  by bacteria and the sludge  settles  to the  bottom.   The
effluent flows out of the tank  into  the ground through  drains; the sludge is  pumped out
periodically.

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Septic System-Includes one or several septic  tanks  (see above) and their  drainage  of  the
effluent from the tanks to a drain field or some other receiving body.

Set-Aside—Reservation  of  funds of  one-half  of  one  percent  of  the construction  grant
appropriation in FY 87 through FY 90 to make grants  for the development of wastewater
treatment management  plans  and  the construction of sewage treatment works  to serve
Indian Tribes (this set-aside occurs  prior  to allotment to the States).

Sewer System Rehabilitatiou--To repair  existing sewer  systems  to reduce I/I  and/or other
problems.

Sole-Source  Aquifer—An aquifer  that is  so designated by the  Administrator in accordance
with Section  1424 of the Safe Drinking Water Act.

Subsurface Discharge—Nonpoint discharge; aot discharged into an open body of water.

Surface Water Discharge—Direct discharge to a body of  fresh water.

Wastewater  Treatment  Facilities (Conventional or  Alternative)—A facility  containing  a
series  of  tanks, screens,  filters  and  other  processes  by which  pollutants  are  removed
from  the water.

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Osof

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          EPA CONSTRUCTION GRANTS PROGRAM MANAGERS
Mr. Edward McSweeney
C.G. Program Manager
USEPA, Region I
John F. Kennedy
Federal Building
Boston, MA  02203
(617) 565-3560

Mr. James DeLaura
(Caribbean)
C.G. Program Manager
USEPA, Region II
26 Federal Plaza
New York, NY 10278
(212)264-0217

Mr. Bruce Kiselica
(New Jersey)
C.G. Program Manager
USEPA, Region II
26 Federal Plaza
New York, NY 10278
(212)264-5692

Mr. Dan Forger
(New York)
C.G. Program Manager
USEPA, Region II
26 Federal Plaza
New York, NY 10278
(212) 264-0959

Mr. William Bulman
C.G. Program Manager
USEPA, Region III
841 Chestnut Street
Philadelphia, PA  19107
(215) 597-9460

Mr. Russell Wright
C.G. Program Manager
USEPA, Region IV
345 Courtland Street, N.E.
Atlanta, GA  30365
(404) 257-2207
Mr. Todd Gayer
C.G. Program Manager
USEPA, Region V
230 Dearborn Street
Chicago, DL  60604
(312)353-2121

Mr. Richard Hoppers
C.G. Program Manager
USEPA, Region VI
1445 Ross Avenue
Suite 1200
Dallas, TX  75202
(214)655-7110

Mr. Thomas Carter
C.G. Program Manager
USEPA, Region VII
726 Minnesota Avenue
Kansas City, KS  66101
(913)236-2813

Mr. Richard Long
C.G. Program Manager
USEPA, Region VIII
1 Denver Place
999 18th St., #1300
Denver, CO 80202
(303)293-1563

Mr. John Ong
C.G. Program Manager
USEPA, Region IX
215 Fremont Street
San Francisco, CA 94105
(415) 974-8095

Ms. Chris Noah-Nichols
C.G. Program Manager
USEPA, Region X, M/S 429
1200 Sixth Avenue
Seattle, WA 98101
(206)442-1983

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                          EPA INDIAN COORDINATORS
Barbara McAllister (acting)
Indian Coordinator
EPA Region I (PPG-2300)
J.F.K. Federal Bldg.
Boston, MA 02203
617-565-3395
FTS-8-835-3395

Arthur Linton
Indian Coordinator
EPA Region IV (EAB-4)
345 Courtland St. N.E.
Atlanta, GA 30365
404-881-3776
FTS-8-257-3776

Ernest Woods
Indian Coordinator
EPA Region VI (6E-FF)
1445 Ross Avenue
Dallas, TX 75202
214-655-2260
FTS-8-255-2260

Sadie Hoskie
Indian Coordinator
EPA Region VIH (80EA)
999 18th St.
Denver, CO 80202
303-294-7596
FTS-8-564-7596

Gretchen Hayslip
Indian Coordinator
EPA Region X
1200 Sixth Ave.
Seattle, WA 98101
206-442-8512
FTS-8-399-8512
Robert Hargrove
Indian Coordinator
EPA Region II (2PM-E1)
26 Federal Plaza
New York, NY 10278
212-264-1892
FTS-8-264-1892

Casey Ambutas
Indian Coordinator
EPA Region V (5ME14)
230 South Dearborn St.
Chicago, IL 60604
312-353-1394
FTS-8-353-1394

Michael Bronowski
Indian Coordinator
EPA Region VII
726 Minnesota Avenue
Kansas City, KS 66101
913-236-2823
FTS-8-757-2823

Roccena Lawatch
Indian Coordinator
EPA Region IX (E-4)
215 Fremont Street
San Francisco, CA 94105
415-974-8323
FTS-8-454-8323

Martin D. Topper, Ph.D.
National Indian Program Coordinator
U.S. EPA
401 M St. SW
Washington, DC 20460
202-382-7063
FTS-8-382-7063

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Contacts

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    RURAL COMMUNITY ASSISTANCE  PROGRAMS  (RCAP)
                        LIST OF CONTACTS
Rural Community Assistance Corporation (Western RCAP)
2125 19th Street
Suite 203
Sacramento, CA 95818
Contact:  Beth Ytell (916) 447-2854

Community Resources Group  (Southern RCAP)
2705 Chapman Road
Springdale, AR 72764
Contact:  John Squires (501)756-2900

Great Lakes Rural Network c/o WSOS Community
Action Agency
P.O. Box 568
Freemont, OH 43420
Contact:  OrvilleBurch (419)334-8911

Midwest Assistance Program
P.O. Box 81
New Prague, MN 56071
Contact:  KenBrazelius (612) 758-4334

Rural Housing Improvement (New England RCAP)
P.O. Box 370
Winchendon, MA 01475
Contact:  Laura Paradise (617) 297-1376

Southeast Rural Community Assistance Program
Virginia Water Project
P.O. Box 2868
Roanoke, VA 24001
Contact:  Jackson Hall  (703)345-6781

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Subject To Revision                                  Appendix D
       National Indian Project
             Priority System
               Scoring Sheets
                   (For EPA Use Only)
   Name of Tribe:
   Date Received:
   Fiscal Year:
   Existing Population Adequately Served:
   Existing Population Needing to be
       Served by the Project:
   Project Cost Estimate:
   Score:
       Water Quality
       Public Health
       Preventive Measures
       Existing Level of Treatment
              Total

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          NATIONAL INDIAN  PROJECT  PRIORITY  SYSTEM
                           SCORING  SHEETS
DIRECTIONS FOR SCORING EACH PROJECT

This Scoring Sheet is a guide for the EPA Regions to use in assigning scores to requests
for priority received from eligible Indian Tribes and Alaska Native Villages, The scoring
sheets provide examples to score responses to the information requested in the Indian
Set-Aside Program Guidelines and  Requirements.   EPA understands  that  the
circumstances for Indian projects vary greatly from one Tribal area to the next; therefore,
this system was designed to allow some flexibility within each section based  on the
professional judgment and  experience of EPA Regional staff in consultation with the
Indian Health Service (IMS).

Review each request and the supporting documentation provided to define the extent of
the problem. If a Tribe has more than  one project, each project requires a separate
request submitted for priority and must be scored separately.

In applying the following  measures to each request, consult with your IMS contact.  IMS
may be  able to provide  additional data on the Tribe's wastewater problem or answer
specific questions about the project.

If in any of the sections the measures do not apply to the specific project, data are not
available or do not adequately represent the problem, circle the appropriate score for that
section,  based on the best professional judgment of EPA or IMS. In all cases, explain in
the COMMENT block following each section the circumstances and the rationale for the
score that was assigned.

The scoring sheets, when forwarded to EPA Headquarters, should be accompanied by
the Tribe's summary  description of the  water quality and public health need.   EPA
Headquarters will  review the scoring for National consistency and  create the  project
priority list.

The scoring sheets have four sections with the following maximum score  per section:

                                                         Points
      •   WATER QUALITY                                    36
         -  Surface Water     36
         -  Ground Water     36
      •   PUBLIC HEALTH                                    54
      •   PREVENTIVE MEASURES                            6
      •   EXISTING TREATMENT                              10

      TOTAL:                                               106

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The water quality and public health sections use a variety of measures, including:

      •  Use of receiving water
      •  Degree of degradation or public health hazard
      •  Duration  of degradation or public health hazard
      •  Extent (area or volume) of degradation or public health hazard
      •  Physical  limitations

In addition, both sections include a weighting factor based on strength of the information
or best professional judgment provided in the application for priority.

A separately scored population factor is not included in the scoring sheets.  Population
information should be supplied on the cover sheet along with the project cost estimate.
When  used in  scoring, population is expressed in terms of ratios so that  no bias is
introduced  toward  any size community.  Requests for population information should be
limited to:

      A. Existing population, adequately served
      B. Existing population, needing to  be served by the project.

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                       WATER QUALITY  SECTION

(Select scoring option 1 or 2 depending on the scope of the information available.  Use
option 1 if possible. If information needed for option 1  is not available, use option 2)
Surface Water (Option 1)
Formula:  [Use x (degradation + duration + extent + improvement) x lnformation]/3  = Total
Surface Water Score (round to nearest whole number)
Where:
Use =
Most important current or recent historical use of the receiving waters to be addressed by
the project:
         Fish and wildlife
         Agriculture/ aquaculture
         Recreation (for body contact-see Public Health)
3
2
1
 COMMENTS:
Degradation =
Current degree of degradation (e.g., change in pounds of fish or wild rice harvested,
dollar value of harvest, person-days of recreational water use):
      •  Use is very limited (< 1/3 remaining)                     3
      •  Use is substantially affected (1/3 - 2/3 remaining)          2
      •  Use is predominantly still supported (> 2/3 remaining)     1
 COMMENTS:

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Duration =
Duration of degradation (e.g., periods of wet-weather flows, low water levels, seasonal
population increases):
      •   greater than 2/3 of the year                             3
      •   2/3 to 1/3 of the year                                   2
      •   less than 1/3 of the year                                1
 COMMENTS:
Extent =
Extent of area/volume degraded (e.g., stream miles, surface acres, gallons per day):
      •   greater than 2/3                                       3
      •   2/3 to 1/3                                             2
      •   less than 1/3                                          1
 COMMENTS:
Information  =
Strength of information or best professional judgment  (BPJ) by EPA or IMS staff:
      •  Data from site-specific studies/reports, permit violations,   3
         disease outbreaks, or strong BPJ including on-site visits.
      •  Extrapolated/derived  from general information, moderate  2
         BPJ based on photos, logs, samples, experience with
         other similar situations.
      •  Anecdotes, impressions, lay description, limited BPJ      1
         based on interviews with laypersons.

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COMMENTS:
Improvements =
EPA's assessment of amount of improvement to water quality as a result of this project:

     •  Significant                                      3
     •  Moderate                                       2
     •  Minimal                                        1
 COMMENTS:
                          TOTAL SURFACE WATER SCORE (Option 1)
                          (Not to exceed 36 points; enter on page 10)

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Surface Water (Option  2)
(FOR USE WHERE THE AVAILABLE INFORMATION DOES NOT ALLOW THE USE OF
OPTION 1)

Formula: [Use x (level of treatment + receiving water -r auration + improvement) x
lnformation]/3 = Total Surface  Water Score (rouna to nearest whole number)

Where:

Uses =

Most important current or recent historical use of receiving waters to be addressed by the
project:
         Fish and wildlife
         Agriculture/ aquaculture
         Recreation ifor body contact-see Public Health)
3

2
1
 COMMENTS:
Level  of Treatment =

Existing level of treatment discharge (Note:  If several levels of treatment exist, weight the
score for each  according to the proportion of the population served by each system; i.e.,
divide the population served by septic tanks by the total population and multiply by 3, the
score for primary treatment; repeat for each level of treatment and add the results.):
         Raw
         Primary (including septic tanks/drainfields)
         Secondary
3
2
1
 COMMENTS:

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Receiving Waters =
         Freshwater, estuaries, wetlands                        3
         Ditches, farmland                                     2
         Ocean                                              1
 COMMENTS:
Duration  =
Number of the last 12 months during which the use was affected:
      •   More than 6 months                                  3
      •   3-6 months                                          2
      •   Fewer than 3 months                                  1
 COMMENTS:
Information =
Strength of information or best professional judgment  (BPJ) by EPA or IMS staff:
      •   Data from site-specific studies/reports, permit violations,   3
         disease outbreaks, or strong BPJ including on-site visits.
      •   Extrapolated/derived from general information, moderate  2
         BPJ based on photos, logs, samples experience with
         other similar situations.
      •   Anecdotes, impressions, lay description limited           1
         BPJ based on interviews with laypersons.

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COMMENTS:
Improvements =
EPA's assessment of amount of improvement to water quality as a result of this project:

     •  Significant                                      3
     •  Moderate                                        2
     •  Minimal                                         1
 COMMENTS:
                          TOTAL SURFACE WATER  SCORE (Option 2)
                          (not to exceed 36 points; enter on pagelO)

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Ground Water (Includes well water)
 Formula:  [(physical limitations + extent) x Information] x 2 = Ground Water Score

Where:
Physical  limitations =
Physical limitations causing degradation due to current subsurface disposal:
      •   High water table most of the year or impermeable ground  3
         (e.g., rock, clay, permafrost) or excessively drained (e.g.,
         large cobbles, fractured limestone).
      •   Seasonally high water or moderately poor (slow or fast)   2
         drainage.
      •   Occasional flooding or patchy problem areas.            1
 COMMENTS:
Extent =
Extent of condition  (e.g., % of population affected by poor drainage or well problems)
      •   greater than 30%                                     3
      •   5 - 30%                                             2
      •   less than  5%                                         1
 COMMENTS:

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Information =

For strength of information or best professional judgment (BPJ) by EPA or IMS staff:

      •   Data from site-specific studies/reports, permit violations,   3
         disease outbreaks, or strong BPJ including on-site visits.

      •   Extrapolated/derived from general information, moderate  2
         BPJ based on photos, logs, samples experience with
         other, similar situations.

      •   Anecdotes, impressions,  lay description limited           1
         BPJ based on interviews  with laypersons.
 COMMENTS:
                                  TOTAL GROUNDWATER SCORE
                                  (Not to exceed 36 points)

                                  TOTAL SURFACE  WATER SCORE
                                  (Option 1 or 2, from page 5 or 8, not to
                                  exceed 36  points)

                                  TOTAL WATER QUALITY SCORE
                                  (Not to exceed 36 points; enter on
                                  cover page)
                                      1 0

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                       PUBLIC  HEALTH SECTION

Formula: [Hazard x (extent + duration) x Information] = Public Health Score
Where:
Hazard =
Most important current or recent public health hazard to be addressed by the project:
      •   Domestic drinking water or food production              3
      •   High risk of body contact/consumption, (e.g., swimming,   2
         hunting/fishing )
      •   Low risk of body contact/consumption due to areas of     1
         ponding or surfacing of waste
 COMMENTS:
Duration =
Number of months a public health hazard has existed during the past 12 months:
      •  Greater than 3 months                               3
      •  1 - 3 months                                        2
      •  Less than 1 month                                   1
 COMMENTS:
                                     1 1

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Extent =

Extent of area/volume or percentage of population affected:

      •  Greater than 10%                                    3
      •  1 to 10%                                            2
      •  Less than 1 %                                        1
 COMMENTS:
Information =

For strength of information or best professional judgment (BPJ) by EPA or IMS staff:

      •   Data from site-specific studies/reports, permit violations,   3
         disease outbreaks, or strong BPJ including on-site visits.

      •   Extrapolated/derived from general information, moderate  2
         BPJ based on photos, logs, samples experience with other
         similar situations.

      •   Anecdotes, impressions, lay description limited           1
         BPJ based on interviews with laypersons.
COMMENTS:
                                   TOTAL  PUBLIC HEALTH SCORE
                                   (Not to exceed 54 points; enter on
                                   cover page)
                                      1 2

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    WATERBODY  PROTECTION  & PUBLIC HEALTH  MEASURES
                       TAKEN BY THE TRIBE:
Score up  to 6 points considering the strength and effectiveness of the measures.
Examples of such measures include:

     •  Construction/operation of interim facilities
     •  Building moratorium
     •  Stop-gap changes in operation and maintenance
     •  Water conservation
     •  Waterbody use restrictions
COMMENTS:
                     SCORE FOR PREVENTIVE MEASURES
                     (Not to exceed 6 points; enter on cover page)
                                  1 3

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                   EXISTING  LEVEL  OF TREATMENT
Score up to 10 points depending on the current level of treatment.  If poor operation and
maintenance of primary or secondary facilities contribute to the problem, subtract up to 3
points. If several treatment systems are in use, weight the score for each according to the
proportion of the population served by each system (i.e., divide population served by
septic tanku»by the total population and multiply by the score for primary treatment minus
any penalty imposed for poor O&M (e.g., 5 minus 3); repeat for each level of treatment
and add the results.)
         No treatment                                       10
         Primary only (including septic tanks/drain fields)           5
         Secondary                                          3
 COMMENTS:
                             SCORE  FOR EXISTING TREATMENT
                             (Not to exceed 10 points, enter on
                             cover page)
                                      1 4

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                                  APPENDIX E

                    OTHER FEDERAL REQUIREMENTS
The  Clean Water  Act  specifies  that  all  Federally  funded projects  must  comply with
certain Federal laws.  These are described in the list that follows.  Your EPA  Regional
office can explain  further how  these may affect  your  project.

Civil Rights Act—Applicant cannot  discriminate  on the grounds of  race,  color, or national
origin.

Clean Air Act—All federally funded projects must conform to approved  State Air Quality
Implementation Plans.

Coastal Zone Management  Act—Requires  that  all federal activities  be consistent with
approved State coastal zone  management programs to the maximum extent possible.

Endangered Species  Act—Projects must avoid disrupting  threatened or endangered  species
or their habitats, unless an exception is granted under  the Act.

Farmland Protection Policy Act—Requires that  facilities be located on  agricultural  land
only when  necessary  to serve existing residential  users.

Fish and  Wildlife Coordination  Act—Actions that will control or modify any natural
streams or other  body  of water must be  undertaken so as to  protect  fish and wildlife
resources and their habitats.

Flood Disaster Protection Act—Restricts development in floodplains.

Hatch  Act—Places  some restrictions  on political activity of government employees.

National  Environmental  Policy  Act—Requires  the preparation  and review   of   an
environmental impact statement before any major  federal action is undertaken which will
significantly  affect environmental quality.

National Historic Preservation  Act—Requires procedures  for consultation and commentary
by the Advisory Council on Historic Preservation on  EPA  grant actions  that will affect a
property listed or eligible  for listing on the National Register of Historic  Places.

Resource Conservation  and  Recovery Act—Requires the control of  solid  wastes, including
toxic and hazardous  materials.

Rivers  and Harbors Act—Permits from the U.S. Army Corps of Engineers are required for
any dredging, filling, or obstruction of navigable waters.


Safe  Drinking Water  Act—Requires  that  the project  adequately protect  sources  of
drinking water from contamination.

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Uniform Relocation Assistance and Real Property  Acquisition Act—Requires that owners
of  real  property and/or individuals  to  be  displaced  by  federal or  federally-assisted
projects be  treated fairly, consistently, and equitably so that such persons will  not suffer
disportionate  injuries  as a result of  projects designed for the benefit of the public as a
whole.

Wild  and Scenic  Rivers Act—Project may not  directly and adversely  affect  any wild,
scenic, or recreational river.

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