Pionpoinf

                             Source  Workshop
                                         February 25-26, 1997
                                             Hotel Santa Fe
                                         Santa Fe, New Mexico

                                          Final Agenda
                                               Sponsored by
                                   U.S. Environmental Protection Agency Region 6
Tuesday,  February 25	

Moderator:  Diane Evans, Tribal Water Quality
         Standards Coordinator, USEPA Region 6

8:00 - 9:00   Registration

9:00 - 9:30   Overview - EPA Priorities
          Brad Lamb
          Nonpoint Source Regional Coordinator,
          USEPA Region 6

9:30 -10:00  Presentation
          Debra Madison
          Environmental Programs Manager,
          Office of Environmental Protection,
          Fort Peck Tribes

10:00-10:15 Break

10:15 -10:30 Presentation
          William B. Hathaway
          Director, Wate/ Quality Protection
          Division,'USEPA Region 6

10:30 -11:00 NMED NPS Casef tiidies

11:00 -12:00 NPS issues/Tribal Presentations*

12:00 -1:30  Lunch {
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              Contents
Front Matter




List of Attendees




Santa Fe Facts, Tips, & Information




Restaurant Guide




Notes




Tribal Nonpoint Source Planning




Tribal Nonpoint Source Planning Handbook




Program Authorization Information




Example Tribal Assessment Report




Example Tribal Management Plan




Funding Sources




Potential Tribal Funding Sources




Summary of EPA's Indian Program Funding




Outreach Information




Getting in Step




Nonpoint Pointers




Contacts




USEPA Regional Indian Program Coordinators




AIEO Responsibility by Function/Issue Area

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                                       Tribal Nonpoint Source Workshop
                                                   Attendees List
                                                   Santa Fe, NM
                                              February 25 - 26, 1997
Sam Anderson
Pueblo of Laguna
P. O. Box 194
Laguna, NM  87026
Phone: 505/552-7546
fax: 505/552-7534
Naomi L. Archuleta
Tesuque Pueblo Env. Dept.
RT. Box 360-T
Santa Fe, NM 87501
Phone:  505/983-2667
Fax: 505/982-2331
Anthony R. Armijo
Pueblo of Nambe
Rt. 1
P. 0. Box 117BB
Santa Fe, NM  87501
Phone: 505/455-2036
Fax:  505/455-2038
Steffanie Barnett
U.S. EPA Region 6
1445 Ross Ave.
Dallas, TX  75202
Phone: 214/665-6684
Connie Beery
Pueblo Offic of Env. Prot.
P. O. Box 3256
Albuquerque, NM   87109
Phone: 505/881-2254
Fax:  505/883-7641
Toney Begay
Pueblo Offic of Env. Prot.
P. O. Box 3256
Albuquerque, NM   87109
Phone: 505/881-2254
Fax:  505/883-7641
Kirk Bemis
Pueblo of Zuni
Conservation Project
P. O. Box 339
Zuni, NM 87327
Phone:  505/782-5852
Fax:  505/782-2726
Sandra Bitsie
BIA-AAD-ROADS
P. 0. Box 26567
Albuquerque, NM 87125
Phone: 505/766-3146   .
Fax:  505/766-3176
Mark Blakeslee
Bureau of Land Management
New Mexico State Office
P. O. Box 27115
Santa  Fe, NM 87505
Phone: 505/438-7424
Fax:  505/438-7426
Dorothy Brown
U.S. EPA Region 6
1445 Ross Ave.
Dallas, TX  75202
Phone:  214/665-8141
Todd Caplan
Santa Ana Pueblo
51 Jemez Dam Rd.
Suite 107
Bernalillo, NM  87004
Phone:  505/867-0615
Fax:  505/867-6120
Lawrence Cata
San Juan Pueblo
P. O. Box 1099
San Juan Pueblo, NM  87566
Phone:  505/852-4212
Fax:  505/852-4820
John Chapman
Pojoaque Pueblo
Rt. 11, P. O. Box 208
Sante Fe, NM   87501
Phone: 505/455-3383
Fax:  505/455-3633
Barbara Cywinska-Bernacik
Pueblo of Laguna
P. O. Box 194
Laguna, NM  87026
Phone:  505/552-7534
Fax:  505/552-7534
Dino Chavarria
Santa Clara Office of
Environmental Affairs
P. 0. Box 580
One Kee Street
Espanola, NM  87532
Phone:  505/753-7326
Fax:  505/753-8988

Roger Dean
U.S. EPA - Region 8
999 18th Street
Denver, CO   80202
Phone:  303/312-6947
Fax: 303/312-6071
Joseph Chavez
Pueblo of Sandia
P. 0. Box 6008
Bernalillo, NM   87004
Phone:  505/867-4533
Fax:  505/867-9235
Allen Duran
Tesuque Pueblo Env. Dept.
RT. Box 360-T
Santa Fe, NM  87501
Phone:  505/983-2667
Fax:  505/982-2331

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James Enote
Pueblo of Zuni
Conservation Project
P. 0. Box 339
Zuni, NM 87327
Phone:  505/782-5852
Fax:  505/782-2726
Diane Evans
U.S. EPA Region 6
1445 Ross Ave.
Dallas, TX  75202
Phone: 214/655-6677
Amy Gambrill
U.S. EPA Headquarters
Office of Water
401 M Street, SW (4503F)
Washington, DC  20460
Phone: 202/260-7105
Fax:  202/260-1977
Bernadine Garcia
Pueblo of Acoma
P. O. Box 309
Acoma, NM 87034
Phone:  505/552-6604
David Gordon
Cochiti Environmental Dept.
Pueblo de Cochiti
P. 0. Box 70
Cochiti, NM 87072
Phone:  505/465-0617
Fax: 505/465-1997
Ben Harrison
U.S. EPA - Region 6
1445 Ross Ave.
Dallas, TX  75202
Phone:  214/665-7101
Bill Hathaway
U.S. EPA - Region 6
1445 Ross Ave.
Dallas, TX  75202
Phone:  214/665-7101
Louie Hena
Pueblo of Tesuque
Route 5, Box 360T
Santa Fe, NM 87501
Phone: 505/983-2667
Fax: 505/982-2331
Heather Himmelberger
EPA - Region 6
801 University Building, SE
Albuquerque, NM  87106
Phone:  505/272-7357
Fax:  505/272-7355
Beth Janello
Pueblo of Sandia
P. 0. Box 6008
Bernalillo, NM   87004
Phone:  505/867-4533
Fax:  505/867-9235
Brad Lamb
U.S. EPA - Region 6
1445 Ross Ave.
Dallas, TX 75202
Phone:  214/665-6683
Fidel Lorenzo
Pueblo of Acoma
P. O. Box 309
Acoma, NM 87034
Phone: 505/552-6604
Pamela Lucero
Santa Clara Office of
Environmental Affairs
P. 0. Box 580
One Kee Street
Espanola, NM  87532
Phone: 505/753-7326
Fax:  505/753-8988

James Mermefo
Picuris Pueblo
P. O. Box 127
Penasco, NM  87553
Phone: 505/587-2519
Fax:  505/587-1071
Charles Lujan
San Juan Pueblo
P.O. Box 1099
San Juan Pueblo, NM  87566
Phone:  505/852-4212
Fax:  505/852-4820
Hershal Muniz
Jicarilla Apache Tribe
P. Q. Box 507
Dulce, NM  87528
Phone:  505/759-3242 x 404
Fax:  505/759-9122
Deb Madison
Fort Peck Tribe
Office of Environmental Prot.
605 Indian Ave
Poplar, MT  5255
Phone: 405/768-5155x399
Fax:  406/768-5478
Dennis Olson
BIA - Albuquerque Area
615 1st Street
Albuquerque, NM  87107
Phone: 505/766-3167
Fax:  505/766-3174
Charles Oritiz
Pueblo of Acoma
P. 0. Box 309
Acoma, NM 87034
Phone:  505/552-6604
Thora Padilla
Mescalero Apache Tribe
P. 0. Box 227
Mescalero, NM  88340
Phone:  505/671-4494
Fax: 505/671-9191
Jacob Pecos
Cochiti Environmental Dept.
Pueblo de Cochiti
P. O. Box 70
Cochiti, NM  87072
Phone: 505/465-0617
Fax:  505/465-1997

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Michael Quintana
Cochiti Environmental Dept.
Pueblo de Cochiti
P. 0. Box 70
Cochiti, NM  87072
Phone:  505/465-0617
Fax: 505/465-1997
Steve Romero
Nambe Pueblo
Rt.  1
P. O. Box 117BB
Santa Fe, NM  87501
Phone: 505/455-2036
Fax: 505/455-2038
Erica Reith
BIA - Mescalero Agency
P. 0. Box 189
Mescalero, NM
Phone: 505/671-4410
Fax: 505/671-4899
Michael L. Romero
Pueblo of San Felipe
P. 0. Box 4219
San Felipe Pueblo, NM  87001
Phone: 505/867-8645
Fax:  505/867-8646
Austin Rock
Santa Clara Office of
Environmental Affairs
P. 0. Box 580
One Kee Street
Espanola, NM  87532
Phone: 505/753-7326
Fax:  505/753-8988

Blane M. Sanchez
Pueblo of Isleta
P. 0. Box 1270
Isleta, NM 87022
Phone: 505/869-2710
Fax:  505/869-4236
Jose A. Sanchez
Pueblo Of Sandia
P. O. Box 6008
Bernalillo, NM  87004
Phone: 505/867-4533
Fax: 505/867-9235
Kurt Sandoval
Jicarilla Apache
P. O. Box 507
Dulce, NM  87528
Phone:  505/759-3242
Fax:  505/759-9122
Marvin Sarracino
Pueblo of Laguna
P. 0. Box 194
Laguna, NM  87026
Phone: 505/552-6011
Fax:  505/552-6941
Allen Sedik
Bureau of Indian Affairs
P. O. Box 26567
Albuquerque, NM  87125
Phone: 505/766-1039
Fax:  505/766-3472
Augustine Seymour
Pueblo of Acoma
P. O. Box 309
Acoma, NM 87034
Phone:  505/552-6604
Blanca Surgeon
RCAP
1939 Warner Cr.
Santa Fe, NM  87505
Phone:  505/471-4297
Fax:  505/471-4299
Dale Swanson
BIA/NPA
P. O. Box 4269
Fallview Station
Espanola, NM 87533
Phone: 505/753-1448
Fax: 505/753-1404
Leroy Tecube
Jicarilla Apache Tribe
P. 0. Box 507
Dulce, NM  87528
Phone:  505/759-3242
Fax:  505/759-9122
Elmer C. Torres
Pueblo de San lldefonso
Rt. 5
P. 0. Box 31 5A
Santa Fe, NM  87501
Phone:  505/455-2273
Fax:  505/455-7351
Jimmie Torivio
Pueblo of Acoma
P. O. Box 309
Acoma, NM  87034
Phone: 505/552-6604
Gavy Valdo
Cochiti Environmental Dept.
Pueblo de Cochiti
P. O. Box 70
Cochiti, NM 87072
Phone: 505/465-0617
Fax:  505/465-1997
Michael Vigil
Tesuque Pueblo Env. Dept.
RT. Box 360-T
Santa Fe, NM  87501
Phone:  505/983-2667
Fax: 505/982-2331
Thora Walsh-Padilla
Mescalero Apache Tribe
P. O. Box 227
Mescalero, NM  88340
Phone:  505/671-4494
Fax:  505/671-9191
Laura Watchpine
Pueblo of Acoma
P. 0. Box 309
Acoma, NM 87034
Phone:  505/552-6604
Curtis Williams
Mescalero Apache Tribe
P. O. Box 227
Mescalero, NM   88340
Phone:  505/671-4494
Fax:  505/671-9191

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Elizabeth Winter                    Bill B. Wyatt                        Luiz Zamora
Picuris Pueblo                      Pueblo de San lldefonso              Taos Pueblo
P.O. Box 127                      RouteB                            P. 0. Box 1846
Penasco, NM  57553                P. 0. Box 315 - A                    Taos, NM  87571
Phone:  509/587-2519               Santa Fe, NM  87501                Phone:  505/751-4601
Fax:  505/587-1071                 Phone:  505/455-2273               Fax: 505/758-4604
                                  Fax: 505/455-7351

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Santa  Fe Facts, Tips   & Intonation
        Santa Fe is the capital of New
      Mexico.
• New Mexico is a state in the United
States of America, having joined the US.
in 1912.
• You do not need a visa or passport to
visit Santa Fe — unless you're from a
true foreign country.
     • Santa Fe means "Holy Faith" in
    ' Spanish. It is often called "the Gty
     Different."
• Santa Fe is located in the foothills of the
Sangre de Cristo Mountains, 7,000 feet
above sea level, with nearby peaks as
high as 12,000 feet.
       • Santa Fe has plenty of sun-
       shine, an average of 300 days
       each year. But it can snow as
early as October and as late as May.
• Santa Fe averages 14 inches of rainfall a
year—and 30 to 34 inches of snow.
• You can ski from Thanksgiving to
Easter.
• Santa Fe is a community where 60,000
people live and work.
• Santa Fe is the second oldest town in
the U.S., founded in 1607 by the Spanish,
13 years before the Pilgrims landed at
Plymouth Rock.
      1* Indians lived here long before
      Santa Fe was even a town, more
      than 1,000 years ago.
• Santa Fe has 4,500 hotel and motel
rooms, as well as charming bed and
breakfast inns.
.... . • Santa Fe has 200 restaurants, 150
•I I art galleries, 50 Indian jewelry
I I shops, 8 major museums, and a
I I world-famous opera.
• Santa  Fe is one of the largest art
markets in the world.
• You will love visiting Santa Fe.
• Take it easy. Santa Fe's high altitude
(7,000 feet above sea level) means air is
rarefied,  thinner. It usually takes about
48 hours to adjust.
• Use sunscreen and wear a hat. There
are no beaches, but Santa Fe is closer
to the sun, and the sun shines 300 days
of the year.
        • Watch your alcohol intake.
        One drink is the equivalent of
        three at sea level
 • If s dry, sometimes less than 20 percent
 humidity. Nights and early mornings are
 coolish even in July and August.
           • Santa Fe is in mountain
           and ski country, so expect
           six to eight major snow-
 falls from November to April.
 • Reservations are always recommended
 for upscale restaurants. Busiest dining
 hours are from 6:30 to 8:00 p.m. Casual
 dress is acceptable in most restaurants.
 • Standard tipping is 15 to 20 percent
 of the bill. Some restaurants will add a
 service charge up to 18  percent for par-
 ties of five or more.
             • If you're staying out-
             side the downtown area,
             your best bet is to have a
 car. There is city-wide taxi service and a
 public bus system, Santa Fe Trails, that
 serves the city with six routes. Buses
 operate from  6:30 a.m. to 7:30 p.m.,
 Monday through  Friday, and from 7:00
 a.m. to 7:00 p.m. on Saturdays. There is
 no service on Sundays or holidays.
 Schedules are available on each bus, at
 libraries and at locations throughout the
 city. For schedule and fare information,
 call 984-6730.
          ซ• Parking  can be tight in
          Santa Fe in June, July and
          August, though most tour-
 ist attractions are  within walking
 distance of downtown hotels. There
 are 15 city-owned parking lots in the
 downtown area.
 • Be patient in traffic and mindful of
 pedestrians.
         • Make hotel reservations in
         advance. Weekends in the
         summer are  usually booked
 near capacity, and rooms during Santa
 Fe's Indian Market (third weekend in
 August) are booked up to a year in
 advance.
 • Seniors: Check with your doctor
 regarding any physical condition that
.could be affected by Santa Fe's high alti-
 tude. Wear sturdy walking shoes and be
 aware of uneven floors when entering
 historic buildings. If you have dietary
concerns, call the restaurant ahead of
time for information.
WHERE  TO FIND  IT
 VISITOR INFORMATION
Note:  All New Mexico telephone num-
bers are in the 505 calling area.
  •  Santa Fe Convention
     and Visitors Bureau
     Sweeney Center
201W. Many St.
Santa Fe, NM 87501-0909
(505) 984-6760
(800)777-2489
New Mexico State
Department of Tourism
Santa Fe Welcome Center
Lamy Building
491 Old Santa Fe Trail
Santa Fe,NM 87501
       HOW'S THE
  WEATHER
Mnnlli
monm

January
February
March
April
May
June
July
August
September
October
November
December
High/Law
Fahrenheit
40/19
44/22
51/28
60/35
69/43
79/52
91/57
91/56
74/49
63/38
50/27
41/20
High/low
Celsius
4/-7
7/4
11 /-2
16/2
21/6
26/11
32/14
32/13
23/9
17/3
10/-3
S/-7
  Weather and Road Conditions:
        (800) 432^269

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       VI A


      //
           Dfta,
   la***
            MOM"'
Downtown Santa'Ke
**** Majitr 'I'horaunhfarrs
     Ol/irr Streets
 M  Major Public Parks
     Public Parking
 O  Public Knlrounu
 ฎ  Visitor Information
 <4A  Smilflf> Trails City Bus Terminal
                                                           /
                                                                 />
                                 o,
m     x .
U  <
                                            **•ปซ>!,
                                    Ani
                                        ^
                         rttiions Advertising, Inc
Map   of   Santa   Fe
(Including the Downtown Area and City Attractions)
                                                                     To Santa Fe
                                                                     Race Track
Where to Go, What lo See
Downtown Area (see map at left)

Around the Plaza
         The Plaza
         City Hall
         Federal Courthouse
         Institute of American Indian Arts Museum
         Museum of Fine Arts
         Palace of the Governors
         St. Francis Cathedral
         Santa Fe Public Library
         Sena Plaza
         Sweeney Convention Center

Old Santa Fe Trail Area
  DQ      Loretto Chapel
  fฃ      San Miguel Mission
  Q      Slate Capitol Building

Canyon Road Area
         Canyon Road Entrance
         Gypsy Alley
         First Ward School
         El Zaguan
         Chrislo Rey Church
Guadalupe Street Area
  tB      Old Railroad Depot
  ^9      Santuario de Guadakj
  ffl      Sanbusco Mark
                                                                                                                                             To Tacts and
                                                                                                                                           Santa fe Opera t
                                                                                                To
                                                                                                Las Campanas
                                                                                                Camino la Tierro
                                                                                                 Budunan Rd  '
                                                                                                                                 X
                                                                                                                           See Downtown
                                                                                                                        Enlargement at Left
                                                                                                                           .^
                                                                                                                                      IsanMaleoRd
                                                                                                                           St. Michaels Or
                                                                                                                   Siringo Rd
                                                                               Rodeo &  ^
                                                                              Fairgrounds -f
                                                                               Rodeo Bd   <
                                                                                                 Elsewhere in Santa Fe
                                                                                                      (see map above)
                                                                                 NORTH
   To Santa Fe
     Ski Basin
          ?J
     .}tlim—
dfM^I
                                                                                                                                  &\
                                                                                                                                                        VaU
                                                                                  *X The Turquoise Trail L.iynwP.>isjnuK
                                                                                        _1 Mile
                                                                                        •i^H

                                                                                   lishiiyt Company
                                                                                   ghU Rnervtil
                                                                                   ry Ininrnwtiim IlluUnlcd. |w5
                                                                 College ol Santa Fe
                                                                 Museum of Indian Arts and Culture
                                                                 Museum of International Folk Art
                                                                 Wheelwright Museum of the American Indian
                                                                 St. John's College
                                                                 Santa Fe Children's Museum
                                                                                    To Los Vegas, NM
                                                                                       and Eldorado.

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        Restaurant   Guide
      (Telephone numbers are in the 505 area code unless otherwise noted.)
  A  A/I  E R  I  C  A N
BISHOP'S LODGE RESORT
Bishop's Lodge Road  983-6377 CD 2
BOBCAT BITE
Route 3, Old Las Vegas Highway  983-5319
CHELSEA STREET PUB & GRILL
Villa Linda Mail  473-5105  CD I
THE DOUBLE A
331Sandoval  982-8999
CD2
FOX'S UPSTAIRS BAR & GRILL
740 St. Michael's Drive  473-3697 IZ1 2
GRANT CORNER INN
122 Grant Avenue  983-6678
   CD
HARRY'S ROADHOUSE
Route 9, Old Las Vegas Hwy.  989-4629 CD
ST. FRANCIS RESTAURANT & PUB
(Hotel St Francis)
100 West Water Street  983-5700  CD I
SAN FRANCISCO STREET BAR A GRILL
114 West San Francisco Street 982-2044 CD 2
TOMMY'S BAR & GRILL
208Galisteo 989-4407 CD I
TOUSHIE'S LOUNGE & RESTAURANT
4220 Airport Road  473-4159 CD I
ZIA DINER
326 South Guadalupe  988-7008 CD 2
  BARBEQUE
BOBBY RUBINO'S
4048 CerriUos Road  473-9387 CD 1
COWGIRL HALL OF FAME
RESTAURANT
319 South Guadalupe   982-2565 CD!
  CAFETERIA
FURR'S CAFETERIA
522 Cordova Road 982-3816  CD
FURR'S CAFETERIA
DeVargas Center  988-4431  CD
LUBY'S CAFETERIA
Villa Linda Mall  473-7084  CD
     CHINESE
CHOW'S
720 St Michael's Drive  471-7120 CD?
CHOPSTIX
238 North Guadalupe  820-2126  CD
FORTUNE COOKIE
4250 CerriUos Road  438-2012
HUNAN RESTAURANT
2440 CerriUos Road  471-6688 CDS
IMPERIAL WOK ORIENTAL GOURMET
731 Canvon Road  988-7100  CD I
                   |   | CREDIT CARDS
                    2 FULL LIQUOR
                    5 BBER ซ. WINE
                   H DOWNTOWN AREA
                   H CANYON ROAD
                   ^| WITHIN CITY LIMITS
                   ^H OUTSIDE CITY LIMITS
ON LOK YUEN
3242 CerriUos Road  4734133
                                                      CD
PACIFIC CHINESE RESTAURANT
112 West San Francisco #310 988-9588 CD 2
THE PEKING PALACE
1710 CerriUos Road  984-1212  CD 2
SAIGON CAFE
501 West Cordova  988-4951 CD
SZECHWAN CHINESE CUISINE
1965 CerriUos Road  983-1558  CD 2
YIN YANG CHINESE RESTAURANT
418 CerriUos Road  986-9279 CD 2
                 COFFEE  HOUSES
               AZTEC STREET CAFE
               317 Aztec  983-9464
               BACKROOM COFFEEBAR
               616 Canyon Road 988-5323 CD
               CAFE DEL REY
               919 West Alameda  984-2671  CD
               CLOUD CUFF BAKERY
               1805 Second Street  983-6254  CD 5
               DOWNTOWN SUBSCRIPTION
               376 Garcia Street  983-3085
               EL CANON
               308 West San Francisco (Hilton) 986-6417 CD 2
               GAUSTEO NEWS & TICKET CENTER
               201 Galisteo Street 984-1316
JAVA JOE'S
2801 Rodeo Road
                            474-5282  CD
               OLD SANTA FE TRAIL
               BOOKS & COFFEEHOUSE
               613 Old Santa Fe Trail  988-8878  CD 2
               PLAZA BAKERY/HAAGEN-DAZ
               56 East San Francisco  988-3858
               ZIA BAKERY
               328 South Guadalupe  988-5155  CD
                  C O M TIIM E M T A L
               ATALAYA RESTAURANT
               320 South Guadalupe 982-2709  CD 2
               BISTRO 315
               315 Old Santa Fe Trail 986-9190  CD 2
CAFE CASSIS
103 East Water Street  989-1717 CD 2
CAFE ESCALERA
130 Lincoln Avenue 989-8188 CD 2
LA CASA SENA RESTAURANT
125 East Palace Avenue 988-9232  CD 2
THE COMPOUND
653 Canyon Road  982-4353  CD 2
THE EVERGREEN
Hyde Park Road  984-8190 CD 2
PAUL'S RESTAURANT OF SANTA FE
72 West Marcy Street  982-8738 CD 2
PETROGLYPH RESTAURANT
(Radisson Picacho Hotel)
750 North St Francis Drive  982-5591  CD 2
THE PINK ADOBE
406 Old Santa Fe Trail  983-7712 CD 2
PINON GRILL
(Hilton Hotel)
lOOSandoval  986-6400 CD 2
POULET PATATE
ROTISSERIE PROVENCALS
106 North Guadalupe  820-2929 CD 2
RANCHO ENCANTADO
State Road 592, Tesuque  982-3537  CD 2
SANTACAFE
231 Washington Street  984-1788 CD 2
STAAB HOUSE RESTAURANT & BAR
(La Posada de Santa Fe Hotel)
330EastPalace  9864000  CD 2
                                          DELI
BACA STREET DEU
930Baca 982-3500 CD
BAGELMANIA
420Catron  982-8900  CD
CACTUS ZACK'S CAFE
8380 CerrUlos Road  473-0444
CARLOS' GOSP'L CAFE
125 Lincoln Avenue #117  983-1841
MUCHO - GOURMET
SANDWICH SHOPPE
135 West Palace Avenue, Suite 200  988-2223
MUCHO - GOURMET
SANDWICH SHOPPE
1711-G Llano Road  473-7703
NEW YORK BAGEL SHOP AND DEU
720 St Michael's Drive  474-5200  CD
PICCOLO CAFE
142 Lincoln Avenue 984-1709
THE NOON WHISTLE
451 West Alameda  988-2636
TWO FORKS CAFE
227 Don Caspar  988-1403

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         FAMILY
CARROW'S RESTAURANT
1718 St. Michael's Drive   471-7856  CD 2

DENNY'S RESTAURANT
3004 CerriUos Road   471-2152  D

JB'S BAKERY & RESTAURANT
1007 St. Francis Drive  984-0110  CD

JB'S BAKERY & RESTAURANT
2000 CerriUos Road   473-1244  CD

KETTLE RESTAURANT
4250 CerriUos Road  473-5840  CD

SANTA FE SAM'S RESTAURANT
3668 CerriUos Road   471-1009  CD

SOURER SALAD
2428 CerriUos Road   473-1211

VILLAGE INN PANCAKE HOUSE
3155 CerriUos Road   471-2000  CD
     FAST   FOOD
ARBY'S ROAST BEEF
3267 Cerrillos Road  471-6211
BAJA TACOS
2621 CerriUos Road
471-8762
BERT'S BURGER BOWL
235 North Guadalupe   982-0215

BLAKE'S LOTA BURGER
3200 Cerrillos Road  471-2433

BLAKE'S LOTA BURGER
404 North Guadalupe   9834915

BLAKE'S LOTA BURGER
2004 St. Michael's Drive   471-8694

BLAKE'S LOTA BURGER
420 Airport Road  473-7633

BUMPIE
2860 Cerrillos Road 473-7500

BURGER KING
3136 Cerrillos Road  471-2800

BURGER KING
St. Michael's & Llano  983-1000
BURGER KING
100 North St. Francis Drive
      988-1222
CHICAGO DOG EXPRESS
Paseo de Peralta & CerriUos Road   984-2798

CORN DOG 7
Villa Linda MaU  471-3433

DAIRY QUEEN BRAZIER
De Vargas Center  988-5443

DAIRY QUEEN BRAZIER
911 West Alameda  982-8480
DAIRY QUEEN BRAZIER
Villa Linda Mall  471-8532

HARDEE'S RESTAURANT
1640 St. Michael's Drive  471-7794

KENTUCKY FRIED CHICKEN
3295 Cerrillos Road   471-7042
                                      KENTUCKY FRIED CHICKEN
                                      lOUSouth St. Francis Drive   983-5489

                                      LA BELL'S
                                      31)1 Jefferson  986-8223
                                      LONG JOHN SILVER
                                      SEAFOOD SHOPPE
                                      3257 Cerrillos Road  471-0059

                                      MA & PA'S BURGERS
                                      Villa Linda Mall   473-9429

                                      MCDONALD'S
                                      739 Cerrillos Road  984-1490

                                      MCDONALD'S
                                     • 3299 CerriUos Road  471-041 1

                                      MCDONALD'S
                                      1621 Pacheco  988-9500
                                      ORANGE JULIUS
                                      Villa Linda MaU   471-0416
                                      ROSA'S
                                      907 West Alameda   982-7672
                                      ROSA'S
                                      1945 Cerrillos Road
                                                                           820-7672
REAL BURGER
227 Don Caspar   988-3717
SCHLOTZSKY'S SANDWICH SHOP
763 CerriUos Road   983-5647
SCHLOTZSKY'S SANDWICH SHOP
3410 CerriUos Road   474-3711

SONIC DRIVE IN
2861 CerriUos Road   471-1750

SONIC DRIVE IN
4042 CerriUos Road   471-0600

SONIC DRIVE IN
1721 St. Michael's Drive  984-2522
TACO BELL
3029 CerriUos Road
TACO BELL
1057 Cerrillos Road
                                                        471-0611
                                                        982-5065
                                      WENDY'S OLD FASHIONED
                                      HAMBURGERS
                                      2801 CerriUos Road  471-8832
                                             FRENCH
ENCORE PROVENCE
548AguaFria  983-7470  CD 2
FRENCH PASTRY SHOP
La Fonda Hotel  983-6697  2
LE CAFE ON THE TRAIL
311 Old Santa FeTraU   982-7302  CD 2
                                               GREEK
                                      PLAZA CAFE
                                      54 Lincoln Avenue  982-1664   CD 2
                                              INDIAN
                                      INDIA HOUSE
                                      2301 Cerrillos Road  471-2651   CD  2
                                      INDIA PALACE
                                      227 Don Caspar     986-5859   CD  2
                                            ITALIAN
                                      ANDIAMOI
                                      322Cartield   995-9595  CD  2
BABBO GANZO TRATTORIA
130 Lincoln Avenue   986-3835  CD f
CAFE ROMANA
31 Burro AUey  984-8804   2
HOWARD'S HIDEAWAY
142 Lincoln  984-8658  CD 2

JULIAN'S
221 Shelby  988-2355  CD I
LA TRA VI ATA
95 West Marcy Street   984-1091  CD 2
PAST ABILITY
418 CerriUos Road  988-2856  CD 2
PORTARE VIA ITALIAN CAFE
SOOMontezuma  988-3886  CD
PRANZO ITALIAN GRILL
540Montezuma  984-2645  CD I

SERGIO'S
1620 St. Michael's Drive  471-7107  CD 2
THE  PALACE RESTAURANT
142 West Palace Avenue   982-9891  CD I
TONY'S  ITALIAN RESTAURANT
2601 CerriUos Road  471-8272  CD 2
                                                                                                               JAPANESE
                                                                                                           MASA SUSHI
                                                                                                           927 West Alameda
                                                                                                           982-3334   CD 2
SAKURA
321 West San Francisco Street 983-535305
SHOHKO-CAFE
321 Johnson Street   983-7288  CD 2
TERIYAKI BOWL
1847 CerriUos Road  9884500
      MEXICAN
                                                   OLD MEXICO GRILL
                                                   2434 CerriUos Road  473-0338   CD  I
                                                                                          MIDDLE   EASTERN
                                                                                         CAFE OASIS
                                                                                         526Galisteo  983-9599  CD 2
                                                                                         WHISTLING MOON CAFE
                                                                                         402 North Guadalupe Street   983-3093   2
                                                                                                             NATIVE AMERICAN
                                                                                         CORN DANCE CAFE
                                                                                         409 West Water Street  986-1662  CD  2
                                                                                           N  E W   MEXICAN
                                                   AGREPINAS
                                                   1201 CerriUos Road  986-1682  CD J.
                                                   ANDREA'S
                                                   (Lamplighter Motel)
                                                   2405 CerriUos Road  438-6007  CD I
                                                   BIMI'S
                                                   (Inn at Loretto)
                                                   211 Old Santa Fe Trail  988-5531  CD I
                                                   BLUE CORN CAFE
                                                   133 Water Street   984-1800  CD I
                                                   BURRTTO COMPANY
                                                   111 Washington Avenue   982-4453

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CASA MARGARITA        _
373()CerrillosRoad  473-2217  ! _l  t

CORDEUA'S
1601 Berry Avenue  988-1303   CD

 DAVE'S NOT HERE
lUSHickox  983-7060  7

DIEGO'S CAFE &  BAR
De Vargas Center   983-5101  Of
EL ACAPULCO SALOON & GRILL
1196 Harrison Road  438-7777  i
EL CO/VIAL
3571 Cerrillos Road  471-3224  O I
EL COMAL
997 Rodeo Road, at Richards Ave. 438-0146 CD
GABRIEL'S
US 285 - 2 miles north of Camel Rock
455-7000  OI
130 Lincoln Avenue  983-9797   Of
GREEN ONION
1851 St. Michael's Drive  983-5198  Ol
313 Guadalupe Street  982-9762  OS?
HORSEMAN'S HAVEN CAFE
6500 Cerrillos Road  471-5420
225 East Marcy Street  983-5311
 LA  CHOZA
905 Aland Street  982-0909  O 5
 (La Fonda Hotel)
 100 East San Francisco Street  982-5511 OS
 LA TAOSENA EN SANTA FE
 3297 Cerrillos Road   471-5700  O
 416AguaFria  988-2769 Ol
 THE LIQUID COMPANY BAR & GRILL
 1901 St. Michael's Drive   984-1219   O I
 UTTLE ANITA'S MEXICAN FOOD
 2811 Cerrillos Road  473-4505  O2
 MARIA'S NEW MEXICAN KITCHEN
 555 West Cordova Road  983-7929   OI
 MOLLY'S  KITCHEN & LOUNGE
 1611CalleLorca   983-7577  Ol
 MONROE'S
 727 Cerrillos Road  989-7575  O  5
 PASOUAL'S
 121 Don Caspar  983-9340  O  ?
 P.C.'S RESTAURANT & LOUNGE
 3795 Cerrillos Road  473-7164  OI
 PEPPERS RESTAURANT & CANTINA
 2239 Old Pecos Trail   984-2272  O "f
 RANCHO DE CHIMAYO
 Chimayo  984-2100  O 'i
 SALSA'S
 (Double Tree Club Hotel)
 3347 Cerrillos Road  438-0691  O i
 113 1/2 East Palace Avenue   982-9030 O2
 TECOLOTE CAFE
 1203 Cerrillos Road   988-1362  O
 TIA SOPHIA'S
 211) West San Francisco Street  983-9880 CD
  TINY-S RESTAURANT & LOUNGE
  1015 Pen Road   983-VH17  I   ] r

  TCMMASITA'S CAFE
  500 South Cuadalupe Street 983-5721  CD i

  TORTILLA FLATS
  3139 Cerrillos Road  471-8685  Or

  WILLIE'S CANTINA
  802 Canyon Road   986-3833  S
     PERUVIAN
 ALFREDO'S
 720 St. Michael's Drive  438-3876  CD?
                                                               PIZZA
 CARMEN'S CHICAGO PIZZA
 1201 Cerrillos Road  989-1919

 DOMINO'S PIZZA
 2801 Rodeo Road  473-1672

 DOMINO'S PIZZA
 Pen Road Shopping Center  984-3030

 HOME RUN PIZZA
 3662 Cerrillos Road, A4   473-1400

 HOME RUN PIZZA
 903 West Alameda  984-8494


 234 North Guadalupe Street  988-2007   5

 H. VICINO WOOD OVEN PfZZA
321 West San Francisco Strwit 986-8700 i  i V

 PIZZA ETC.
De Vargas Mall   986-1500

 PIZZA HUT
Villa Linda Mall   471-2494

 PIZZA HUT
4250 Cerrillos Road  473-3536

 PIZZA HUT
1947 Cerrillos Road  988-2874  ?

 PIZZA HUT
720 St. Michael's Drive (Delivery Only) 471-1010
422 West Water Street  820-0002
329 Old Santa Fe Trail  9834140  5
     SEAFOOD
CAFE DEL MAR
706 St. Michael's Drive  438-0880   OS?
50 Lincoln Avenue   983-8687  OI

RED LOBSTER
4450 Rodeo Road  473-1610  OI
STEAKSMJTH AT EL GANCHO
Old Las Vegas Highway   988-3333  Ol
  CELEBRATIONS
  613 Canyon Road  989-8904  OI
  COYOTE CAFE
  132 West Water Street  983-1615  Of

  ELDORADO COURT
  (Eldorado Hotel)
  30* West San Francisco Street  988-4455 O I
  GERONIMO
  724 Canyon Road  982-1500  CD I
  MANAMA
  (Inn of the Governors)
  234 Don Caspar Avenue  982-4333   OI

 OLD HOUSE RESTAURANT A TAVERN
 (Eldorado Hotel)
 309 West San Francisco Street  9884455 O I
 SANTA FE MUSIC HALL
 100 North Guadalupe Street  983-3311  OI
 THE ANASAZI RESTAURANT
 (Inn of the Anasazi)
 113 Washington Avenue  988-3236   OI
       SPANISH
                                                                                                    EL FAROL
                                                                                                    808 Canyon Road   983-9912  OI
           STEAK
 AUSTIN'S STEAK & SALOON
 2400 Cerrillos Road   471-4652  OI
 BULLRING
 First Interstate Plaza
 150 Washington Avenue  983-3328   OI
 ELNIDO
 Tesuque  988-4340  OI
 HOOF AND HEELS
 Rodeo Road West   473-0482
 VANESSJE OF SANTA FE
 434 West San Francisco Street 982-9966 O I
 WESTERN SIZZUN STEAK HOUSE
 3006 Cerrillos Road  473-3642  O
                                                             THAI
                                                 STAR OF SIAM
                                                 2860 Cerrillos Road  438-8644  O 2
       TIBETAN
THE TIBET CAFE
403 Canyon Road   989-8466  O
HEALTHY DAVID'S CAFE
418 Cerrillos Road   982-4147

THE NATURAL CAFE
1494 Cerrillos Road   983-1411  O 5     O

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Notes

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Notes

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Tribal Nonpoint Source Planning

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   United States
   Environmental Protection
   Agency
Office of Water
(4503F)
Washington, DC 20460
xxx-x-97-xxx
January 1997
   Tribal  Nonpoint Source
   Planning Handbook
FINAL DRAFT • January 1997

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The images throughout this publication were
designed by Turtle Heart, Ojibway artist.
Water Woman's Morning Song  (cover)
Eagle is the instrument, the living prayer of our contract
with the Creation to live in balance and cooperation with
nature. Water Woman, shaped like the Moon, is from the
Woodlands teachings passed on by the clan mothers
regarding the proper caretaking of water.  She pours the
river of life from an Eagle Feather, gathering it from the
four directions, and it passes over and through every
living thing on the earth. The plant life indicates the
responsibility we have to the roots—to that which is
below the surface of our immediate attention. The River
ends where the clouds begin, and there we find the Heart-
Dreaming serpent that is the link between our life close to
the earth and the open heart of the Creation, the world of
nature. Thunder and Rain, at the end, are symbols of
what the elders have called "the waiting world"—perhaps
the outstretched hopes of the generations yet to be born.
Following the place where the Sun rises, Turtle appears
from the disk of the Sun and Moon, exercising patience
and deliberate movements in its celebration of life.  The
image concludes with the partly revealed Turtle, symbol
of the Earth itself. Turtle is partly revealed to symbolize
our incomplete journey through this life, as well as our
need to know more and do more to take care'ofthe
Earth's rich resources.

(continued inside back cover)

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                   fc
United States Environmental Protection Agency

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                                    Contents
Introduction	1

       Overview of Nonpoint Source Pollution	1
       Requirements fora Section 319(h) Grant	2
       Approval by EPA	3

Nonpoint Source Assessment Report	5

       Model for a Nonpoint Source Assessment Report	5
       Templates:
              Overview	7
              Introduction	7
              Methodology	7
              Land Use Summary	8
              Surface Water Quality Summary	 9
              Results	12
              Discussion	13
              Selection of Best Management Practices	14
              Nonpoint Source Control Programs	16
              Conclusions	17
              References	17
              Appendices	17
              Acronym List	17
       Sources	18

Nonpoint Source Management Program	 19

       Model for a Nonpoint Source Management Program	20
       Templates:
              Overview	21
              Introduction	21
              Management Program Summary	23
              Management Program	23
              Existing Authorities and Programs	25
              References	26
              Appendices	26
              Acronym List	27
       Sources	27

Section 319(h) Grant Application	29

       Background	29
       Key Concepts	30
       Contents	30
       Templates:
              Cover Letter	32
              Eligibility Determination	32
              Grant Proposal and Work Plan	36

List of Contacts	43
References	47

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Introduction
       This document provides guidance and practical templates for tribes interested in
       obtaining federal funds to manage nonpoint source pollution under section 319(h)
       of the Clean Water Act. Specifically, it describes the 31900 process and updates
       previously released section 319(h) guidance.
Overview of Nonpoint Source Pollution
       State, territorial, and tribal reports show that nonpoint source pollution is respon-
       sible for more than half of the nation's remaHiung;walฃr quality problems (USEPA,
       1992). It occurs when rainfall, snowmelt/or imgation'riins over land or through the
       ground, picks up pollutants, and deposits them into rivers; takes, or the ocean or
       introduces them into ground water.     < ,',. -"/^,,/;   ~''^~"\',-f';'-
                                  X'v. •'"*-,. %\' V~,~-v\        v''"
       Though the relative impact fror^;a fe^nonp'ointsources might be small, the cumu-
       lative impact from many nonpoiht, sources .degrad&Tvyater quality (USEPA, 1994b).
       Sources of nonpoint pqHuSbh" include^ agriculturj;forestry, urban runoff, abandoned
       mines, constTuction^ao^ties^a^ซ5hydjr<>rftOdific^tion, such as the building and
       maintenance of darrik;and;levies,\<|rthef sources include improper lawn and garden
       maintenance; ,fe^^se|^csy|te)fnsViaipr6p^er construction of marinas and careless
       boating habits; storm drain dumping; and poor siting and design of roads, high-
       ways, and Abridges. Atmospheri^fdeppsition of pollutants originating from power
       plants, factories, trucks^andJautoinbbiles is  also considered a source of nonpoint
       pollution.     ^I'^A^,'/-' Tj

       In 1987, Congress addetpections 319 and 518  to the Clean Water Act to enable
       states, territories, and tribes to address the problems caused by nonpoint source
       pollution. Section 319 established baseline requirements for state and territorial
       nonpoint source management programs and authorized national funding to support
       implementation of approved management programs. Section 518 authorized EPA to
       treat federally recognized Indian tribes in the same manner as states. (USEPA,
       1994b).
Section 319 is the
principal source of
federal funding
specifically
dedicated to
preventing and
managing nonpoint
source pollution.

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Tribes are now
required to submit
a single
application,
without the need
for a separate
application for
"treatment as a
state."
Section 319(h) of the Clean Water Act is the principal source of U.S. Environmental
Protection Agency (EPA) funding dedicated to nonpoint source control. Under
section 319(h), Congress appropriates money to EPA for controlling nonpoint source
pollution. EPA distributes this money to eligible states, territories, and tribes based
on an allocation formula. Section 319 reserves one-third of 1 percent of national
319(h) program funds for tribes. In fiscal year 1995, four tribes successfully applied
for $255,000 out of the $330,000 available to tribes for that year under section
319(h). EPA annually awards section 319(h) grants to tribes that submit approvable
nonpoint source pollution control programs on a first-come, first-served basis.
Money that EPA does not award during one fiscal year is carried over for use
during the following fiscal year. Each grant awarded under section 319(h) requires
a 40 percent nonfederal match. If a tribe demonstrates a special financial need,
however, EPA may and frequently does approve a 10 percent nonfederal match.

Examples of tribal projects that have received awards under section 319(h) include
the following (USEPA, 1994b):

•   Poarch Band of Creek Indians - Constructed wetlands to  reduce pollution
    from agricultural runoff.

•   Campo Indian Tribe - Restored lost vegetation and  habitat to  reduce
    erosion and  improve water quality along  Campo  Creek.

•   Colville Tribes - Completed the Buffalo Creek Restoration Project, which
    restored the stream and returned  it  to a  natural ecosystem.

Tribes should work with EPA's Regional Nonpoint Source (NPS) Coordinators and
Tribal Coordinators, as well as state  nonpoint sotjrce.ihanagement agencies, during
preparation of nonpoint source assessments and management programs. Refer to
the list of contacts at the end of this document for information on the EPA staff who
manage nonpoint source control grants/Thts-list_alscftttdkates which states are in
each of the 10 EPA Regions.          "vT, ;\' ,-'*; ",,
                               ~     *     ' " *
                          Requirements for a Section 319(h) Grant

                                  Tribes interested in obtaisahg'section 319(tj;}',furids will be required to submit a
                                  package containing.several documents-to*the-appropriate EPA Regional Office. The
                                  documents include:'--  \:   ''"*'^ฃ  ••"•#"
                                            '   -r^/'X -/":;;-/"''-''
                                  (1) Nonpoint source .assessment report.  The nonpoint source assessment
                                     report describes existing and potential nonpoint-source-related water quality
                                     problems on tribal lands^using existing water quality data. The report identifies
                                     the nature, extent, and-effect of nonpoint source pollution and the causes of
                                     such pollution. It shBuld also describe existing programs and methods used  for
                                     controlling the pollution (USEPA, 1987). This report has to be approved by the
                                     appropriate EPA Regional  Office.

                                  (2) Management program.  The nonpoint source management program
                                     describes how the tribe intends to correct and/or prevent the existing  and
                                     potential nonpoint source  problems identified in the assessment report over the
                                     four fiscal years following submission of the program. If the tribe is unable to
                                     develop a nonpoint source management program that addresses all nonpoint
                                     source categories, the management program can focus on nonpoint sources

-------
            identified as priorities. The management program must also be approved by the
            appropriate EPA Regional Office.

        (3)  Grant application. The grant application requests funding to support a
            particular activity or activities described in the approved management program
         -   or related to the solution of a nonpoint source problem identified in the assess-
            ment report. The application must include a work plan describing how the
            requested 319(h) funds will be used and establishing dates for accomplishing
            specific milestones (USEPA, 1994a). EPA evaluates the proposal and work plan.

        (4)  Documentation of tribal eligibility.  A tribe must establish tribal eligibility
            to obtain a section 319(h)  grant. This process was  formerly known as qualifying
            for "treatment as a state." To meet the eligibility requirements, the tribe must:

            •  Be federally recognized.

            •  Demonstrate that it has substantial governmental duties.

            •  Demonstrate that it has legal authority or jurisdiction to carry out the
               purposes of the grant on tribal lands.

            •  Demonstrate its capability to carry out the activities proposed in the grant
               application. EPA considers the approved assessment report, management
               program, and grant application sufficient evidence of the tribe's capability.
               Necessary documentation of the other elements of tribal eligibility are
               discussed in greater detail in the "grant process" section of this handbook
               on pages 32-34.
Approval by EPA                      /-

        In addition to reviewing the tribal 3 l${h) application for; approval at the regional
        level, EPA Regional Offices send the cpmpfee tribal section 319(h) application
        package to the Nonpoint Source Contetol Brafich it EPA Headquarters in Washington,
        DC, for Headquarters' concurrence Jt^4Vsf'^^pf;' - <>
                             :'?',.    •','  '- 'sJ'-4"..' y.-O •-••"
        (1)  It is the first tribai'a^B<ปtioAfor^$eซton,^;i9(h) grant in the Region.

        (2)  The tribe has not received'a fav^rable'*Eligibility Determination" under other
            EPA grant programs, siieh as Clear* Water Act section 104(b), 106, or 314.

        At EPA Headquarters, these complete application packages are reviewed for ap-
        proval in the Office of-Water, ihe Office of General Counsel, and the Office of
        Enforcement and Com^ffiaice* Assurance.
        If other tribes in the Region have already received section 319(h) program
        approval and if the tribe submitting the 319(h)  application  has  already received
        a favorable "Eligibility Determination" ruling under other EPA programs, the por-
        tions of the tribal section 319(h) application package relating to tribal eligibility are
        reviewed and approved in the Regional Office only. The grant application, nonpoint
        source assessment report and nonpoint source management program, together with
        a brief memorandum recommending approval of the grant, are then forwarded by
        the Region to Headquarters for determination of the final grant amount.
Funding awarded
through section
319(h) requires a
40 percent
nonfederal match.

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Once a tribe has received an initial 319(h) grant through the process described
above, it is automatically eligible for a section 319(h) grant in subsequent years. A
tribe need only submit an acceptable grant proposal and work plan to the Regional
Office setting forth what it proposes to accomplish with the new grant. EPA Regions
will review the proposal for consistency with the tribe's assessment report and
management program and forward the proposal, with its recommendation, to
Headquarters for a determination of the final grant amount. Because the amount of
funds available for section 319(h) grants to tribes is limited, the tribal funds will
continue to be managed by EPA Headquarters.

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NONPOINT SOURCE ASSESSMENT
REPORT

       The nonpoint source assessment report should include four categories of information:

       (1) An identification of navigable waters that cannot be expected to attain or
           maintain tribal water quality standards without the control of nonpoint source
           pollution.

       (2) An identification of the categories and subcategories of nonpoint source pollu-
           tion that contribute to the water quality problem for the individual waters
           identified in paragraph (1). For a listing ofiiiajor nonpoint source pollution
           categories and subcategories,  refer to the'latest Gttidelines for the Preparation of
           State Water Quality Assessments (3050) |&p6m),!jHiblished by EPA.
                                        /'. •;'ซ      ^
       (3) A description of how the tribe will identify ttfce best management practices
           (BMPs) needed to control eacli category^aad-?ubcategory of nonpoint source
           pollution identified in paragraph (2), as well as a description of how the man-
           agement practices will be used t<> redraeJth'elevel of pollution resulting from
           these sources. Such factors as pabtte-pattidpation and inter/intragovernmental
           coordination should be included.Y  '    ' \. V
                        v  j   '  * •-' r,  ",  -;?
       (4) A description ofaiiy,easting ttibali staie, federal, and other programs that
           might be'ซse4^Jfor%>ntrolH^'
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Reference Documentation. Nonpoint source data collected by states and tribes
under section 106 of the Clean Water Act may already exist. With this information,
tribes can assess nonpoint source pollution problems and determine baseline water
quality data without completing additional water quality surveys. States and tribes
can also use the data collected with section 106 funds to help identify high-priority
problems.

Components. The following sections should be included in the nonpoint source
assessment report:

•   Cover - The cover should contain at least a title and the date (month and year) of
    the assessment.

•   Contents - The contents should consist of the heading of each major section of
    the assessment report and its page number.

•   List of tables - If tables are included in the nonpoint source assessment report, a
    separate list should identify each table and its page number.

•   List of figures - If figures are included, a separate list should identify each figure
    and its page number.

•   List of appendices - If appendices are included, a separate list should identify each
    appendix.

•   Main body of report - The sections that follow serve as a model for the content
    of each section of the nonpoint source assessment report.
                                        .-f;'-.':  -  >s-
        Overview                     /'-  }."'    • '"-'..-
        Introduction                / ',  ~   _,,,    \f '-/',„
        Methodology            f    \  '--:,;f  ,':     '--4;-,-;
        Land Use Summary   „>''';,"•   vv  ?;          **"''
        Surface and Ground Water Summary 4'l-
        Results           .,,,„    \  ;;""'-ซ-; --"^  *'•
        Discussion    A •   "~ -    •   / ,-f'" ,-
        Selection ofJJMPs   -;  ; -  '*'f.   /"•••.•-•'
        Nonpoint Source Control Programs•:-!
        Conclusions,      •   , ;     ,'-   *
        Reference's^ _ _  ~,^\ _', „ ~ ,""";,,,/-''
        Appendices Ctf
        Acronyms- ^

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             Nonpoint Source Assessment Report
        For the most part, the examples that follow have been drawn from approved tribal
        nonpoint source assessment reports and management programs.
        OVERVIEW

        In the overview, state the purpose of the report and explain the need for a nonpoint
        source assessment report for the tribal lands. Also provide a general summary of
        the analysis that will follow, stressing major .conclusions and broad areas of
        concern. Discuss only significant data and general findings in this section. The
        section should be concise and ideally should not exceed one page in length.
Example (VTNRDEC, 1988):

    Four statewide water quality assessments completed in 1988 greatly increased the
information base for this report. These include assessments of point and nonpoint source
pollution influencing rivers and streams; lakes and ponds; ground water; and an assess-
ment of toxic pollutant sources. Some degree of threat was estimated to exist for 908 river
miles or 20% of those which fully support their uses at the present time. A higher level of
threat (86%) was attributed to the uses of 153,319 acres of lakes which presently fully
support their uses.

    Nonpoint sources are the most widespread sources of water pollution. The four most
common nonpoint types of water quality impairments in rivers are siltation/turbidity,
habitat alterations, nutrient enrichment, and flow alterations. Other common problems are
thermal modifications and  pathogens. The most significant sources of these impairments
were agricultural runoff, hydromodification below hydropower dams and erosion from
construction sites.
        INTRODUCTION
                                                .
        The introduction includes the goals aadvob|ectives of^he nonpoint source assess-
        ment report. A goal stateme^rnight^^to^ldekrf^^he.-nature and extent or threat
        of nonpoint source polli^a-6a!tribai^ads,aB.3^ซraaters.'' Objectives are more
              *             _,*',"  -./•-;•- -•••:••• '"• ;•'• "•   1 f •^.'f:: 0-. J-- ,*'"^v •Mv.-!''       J
        specific, measurable |fatfon$ ^'intentions; thalflead'to achievement of the goal(s).
                           \^ '-•  ,, -    \ , ,'     V "\ :'*
                              ''       '         '   '
Example (CTUIR. 1994):

    The goal of the Assessment and Management Plan is to provide guidance for future
efforts to effectively and efficiently address nonpoint sources of water pollution on the
Umatilla Indian Reservation and throughout the Umatilla River watershed. The objectives of
the Assessment and Management Plan are (1) to document water quality and watershed
conditions, (2) to draw linkages between upstream-downstream and channel-upslope
conditions, and (3) to elucidate a broad approach (technical, policy, and legal issues) to
address currently degraded conditions.
        METHODOLOGY

        In the methodology section, describe how and where the data for the analysis of the
        nonpoint sources of pollution were obtained. Also describe any uncommon soft-

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        ware or evaluation techniques. Describe thoroughly how the study was conducted,
        as well as any assumptions made in the analysis. In addition, include a listing of all
        documents referenced and environmental specialists contacted. Details to be
        included are (FPAST, 1993a):

        •    Explanations of abbreviations or classifications developed specifically for the
             assessment (e.g., "Drainage areas were divided into subunits for more precise
             analysis of the tribal waters").

        •    Types of sampling and purpose of the sampling (e.g., macroinvertebrates, metal
             concentrations,  nutrient loadings, concentrations of particular toxic substances).

        •    Assumptions made during the course of the.analysis (e.g., "Water quality
             assessments for each surface waterbody were completed based on the state
             surface water classification system and the uses designated for each").
Example (CTUIR, 1994):

Direct contacts to secure data were made with state and federal agencies. Data were
primarily accessed through EPA Region 10's STORET water quality data base. Information
obtained from STORET had as its primary sources the USDI-Bureau of Reclamation, USDA-
Forest Service, Oregon Department of Environmental Quality, and the USDI-Geological
Survey/Oregon Water Resources Department. Information (primarily stream temperature)
was also obtained directly from the Pendleton office of the Oregon  Department of Fish and
Wildlife and the Confederated Tribes of the Umatilla Indian Reservation (CTUIR) Fisheries
Program. Ground water quality data from sporadic sampling (primarily 1987-1990) was
obtained from CTUIR Water Resources Program. Summarized data on ground water was
also obtained from Oregon's Statewide Assessment of Nonpoint Sources of Water Pollution.
Other potential sources which were contacted but from which no data were obtained were
the Oregon Department of Forestry, the Columbia-Blue Mountain Resource Conservation
and Development Council, the Umatilla County Soil and Water Conservation District, and the
USDA-Agricultural Research Service.

Water quality information in STORET is geo-referenced by latitude and longitude and
therefore we were able to create a geographic information system (GIS) layer of sampling/
monitoring locations. This was overlaid on the 1:100,000 EPA River Reach file obtained from
the Oregon State GIS Service Center located in the Oregon Department of Energy in Salem.
An additional overlay was created by CTUIR staff of "subwatersheds" based on watershed
boundaries, sampling/monitoring stations, and land use. The map of River Reaches, with
sampling/monitoring locations and subwatershed boundary overlays, was created at the
1:250,000 scale.
         LAND US
         The purpose of this section ts tq describe in general the existing conditions on the
         tribal lands.  Begin this section with a description of the tribal lands and include a
         map of the area as well as a Regional location map of the area.
                               >..  's

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Example (FPAST, 1993a):
Figure 1.  Fort Peck Indian Reservation
         A brief description of land use's and socioeconomic conditions is also included in this
         section.                                       X:
Example fEBCI, 1993a cited in USEPA. 1994a>:

The Cherokee lands in North Carolina consist of approximately 56,000 acres, of which 48,688
acres are located in Swain and Jackson counties. Since the majority of the land and water
resources which comprise the reservation are located in Swain and Jackson counties, this
area alone represents the target of this assessment. The remaining lands in Cherokee and
Graham counties present a "checkerboard" pattern, and the tribe does not own sufficient
tracts of land to have any control over the water quality of the streams involved. These areas
will be assessed at a later date, as funding is available, to determine what measures are
needed to prevent/correct nonpoint source pollution problems from these lands. Consider-
ation will be given to adopting state water quality standards for these areas in Cherokee and
Graham counties.

The Cherokee Indian Reservation is located in the southern Appalachian Mountains of
western North Carolina. Thin soils and steep topography characterize the land as highly
erodible. Much of the land on the reservation is covered in timber, and tribal members
frequently log individual tracts of land. Developed land is utilized for housing, public
buildings, and commercial structures associated with tourism (i.e., motels, restaurants,
attractions). Other tourist attractions include trout fishing and camping.
         SURFACE AND GROUND WATER QUALITY SUMMARY

         The purpose of this section is to thoroughly describe the existing conditions of the
         tribal waters. A detailed map of the reservation waters and a complete description
         of the waters are the focus of this section.

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Example (FPAST, 1993a):
Figure 2. Stream Basins - Fort Peck Indian Reservation
Example (FPAST, 1993a):

Porcupine-Milk River Drainage -The Porcupine-Milk River Drainage is located on the west
side of the reservation. The Porcupine is a C-3 classification. Waters classified C-3 are
suitable for bathing; swimming and recreation; and growth and propagation of non-
salmonid fishes and associated aquatic life, waterfowl, and furbearers. The quality of these
waters is naturally marginal for drinking, culinary and food processing purposes, agriculture,
and industrial water supply. The existing land uses are predominantly rangeland, dryland
crop agriculture, and limited irrigated lands. The dryland crop agriculture is characterized by
strip fallow operations and associated saline seeps common to the northern great plains.
Land ownership is a mix of fee title, allotted, trust, and tribal lands.

Biological Condition Values over the past 3 years for this drainage range from 23 (severe)
to 50 (moderate). The habitat impairment values on the Porcupine range from 62 to 88 out of
total score of 100. The supportability rating ranges from partial support to full support over
the past 3 years. Some sections rated full support, but threatened.
         Describe all surface'water!fbl gnttttgl water-hydrology and quality. Include
         appropriate ,grapMc$ MghUghMft^exisfittg water quality conditions. They should be
         in chart or iatstlat formJwh^revei possible for ease of reading and interpretation.
                     '^   :/A  X',,  .'"--  '^-J'

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Example (VTNRDEC, 1988a):
                                            90TJ
                      FULUf (UPMWTIO
                         MlTt
                                               PARTIAL SUPPORT
                                                   3>tl
                                                 NOT SUPPORTED
                                                    24*.)
                                   STREAM yiLEI
                                         %THREATENED
                                               • PARTIAL SUPPORT
                                                     7.4
                                                 ซ NOT SUPPORTED
                                                     4.7
                    ปFULLY SUPPORTED
                          703
                               PEHCZirr OF STREAM MILE*


Figure 3. Use Support Status for Assessed Rivers and Streams - Vermont State Summary
         Existing nonpoint source pollution reduction programs for the tribal lands should be
         identified and generally discussed in this section. These programs may be tribal,
         local, state, or federal programs used by the tribe that deal with nonpoint source
         management on tribal lands.
Example 1 (EBCI, 1993a cited in USEPA.  1994s):

The Tribe has a limited number of programs in place to deal with issues related to nonpoint
source pollution. The Tribe has begun an environmental education program to alert tribal
members to the various types of pollution and to activities that assist in protecting the
environment. For erosion and sediment control, a sediment catch basin has been con-
structed at the Tribal landfill to control sediment loss during storm events.
Example 2 (VTNRDEC, 1988a):

Programs for controlling nonpoint sources of pollution continue to evolve and have included
initiatives at local, state, and federal levels. A state strategy for identifying and reducing
nonpoint source problems was designed as early as February 1975. Nonpoint source control
programs that have been developed and are being implemented across Vermont are
presented below by nonpoint source category.

Agriculture - Federal programs for controlling agricultural nonpoint source pollution in
Vermont provide opportunities for landowners to voluntarily cooperate with one of
fourteen Natural Resources Conservation Districts throughout Vermont in order to become
eligible for federal financial and technical assistance from the USDA's Agriculture Stabiliza-
tion and Conservation Service and the Natural Resources Conservation Service. Federal
programs in Vermont to control agricultural nonpoint sources include the Watershed
Protection and Flood Prevention Program, the Resource Conservation and Development
Program, the Rural Clean Water Program, and the Agricultural Conservation Program.

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         RESULTS

         In this section, present the available scientific information related to nonpoint
         source pollution on the tribal lands. Also provide data tables for surface water and'
         ground water. Include details such as the following:

         •   Name of the waterbody.
         •   Size/length.
         •   Pollutant identified in the segment or cause of impairment  (source of
             pollutant, if possible).
         •   Severity of impairment.
Example (CTUIR, 1994):
Waterbody

Porcupine/
Sargent Creek

Porcupine/
Lower Fork
Stream
(miles)

12
32
Pollutant

NH3, Fe, P
Source

Grazing,
Roads
Temperature      Agriculture
Severity

Moderate



Moderate
         Discuss each major type of water quality parameter or pollutant (e.g., fecal
         coliform, total suspended solids, phosphorus, toxics) and identify waterbodies
         moderately or severely impacted by each.         //?"^
Example 1 (CTUIR. 1994):

Bacteria • Either one or both of the state water quality criteria for fecal coliform bacteria and
enterococcus are frequently exceeded for the Umatilla River below the Umatilla Indian
Reservation, Butter Creek, Birch Creek, McKay Creek, and parts of Wildhorse Creek. Very
high levels of coliform bacteria are recorded at the Umatilla River at Rieth station. Sources
are municipal wastewater treatment facilities, individual septic/drainfield systems, confined
animal feeding areas, soil from surface or streambank/bed erosion.

Stream Temperature - This parameter has the best monitoring coverage, both in terms of
geographic extent and period of record. The state water quality standard for stream
temperature, 68ฐ F (20ฐ C), is exceeded throughout the Umatilla River Basin for an
extended period each year, usually mid-June through mid-September. The only exceptions
are the North Fork Umatilla River and Buck Creek, both of which are in the North Fork
Umatilla Wilderness Area on the Umatilla National Forest; temperatures above 68ฐ F occur
infrequently. The primary causes of high stream temperatures are removal of riparian
vegetation (habitat alteration), water withdrawal (flow alteration), and irrigation return flow.
Example 2 (FPAST, 1993a):

Nutrients - Nutrients of concern on the Reservation are nitrogen and phosphorus. They
originate from fertilizers, animal and human wastes, urban runoff, and natural sources.
Nutrients may stimulate excessive growth of algae in rivers or nuisance aquatic weeds in
lakes and reservoirs, rendering water aesthetically unattractive or unsuitable for recreation.
Grazing and farming practices on the Reservation contribute to increased nutrient levels. A
"threshold" value of 0.1 mg/L total phosphorus is exceeded for the Umatilla River from
below Gibbon to the mouth and in Wildhorse and McKay Creeks. In addition, ground water
has been impacted by nitrates.

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        Summary tables are also effective in documenting the impacts of various pollutants.
        Tables should include, at a minimum, the information provided in the example below.
Example (VTNRDEC, 1988a>:

    Pollutant

    Pathogens

    Thermal modification

    Nutrient
            Major Impact (miles)"'

            64.2

            116.3

            205.0
                         Minor Impact (miles)

                         174.4

                         358.4

                         121.6
        Analyze the data according to category of nonpoint source pollution (e.g., agricul-
        ture, silviculture, urban, construction).  Identify the waterbodies affected by each
        category and the severity of impacts. For each category, identify nonpoint source
        pollution subcategories if possible. For a listing  of major nonpoint source pollution
        categories and subcategories, refer to the latest Guidelines for the Preparation of State
        Water Quality Assessments (305(b) Reports), published by EPA.
Example (EBCI, 1993a cited in USEPA, 1994a):

    Waterbody       Cause        Source (subcategory)
    Raven Fork
siltation

PH
silviculture
(road maintenance)
other
(atmospheric deposition)
Degree of Imoact

moderate

high
                     organic      agriculture
                     enrichment   (hog feedlot)
    Bunches Creek    organic      land disposal
                     enrichment,  (septic tanks)
                     siltation      construction
                                 (land development)
        DISCUSSION
        In this sertion^SisctsAtheOTlijrmatioii presented in the Results section. Highlight
        the waters ^lare"iHtpa1redbynonpointsource pollution and require nonpoint
        source control measured Identify; the categories of nonpoint source pollution (e.g.,
        agriculture, silviculture, construction) that are causing the majority of the impaired
        water uses, and rarKl9i|tdf!iii!d on the amount of quantifiable impairment. In
        addition, include a desoipitton of the relationship between nonpoint source pollution
        and specific impaired water quality parameters, as well as any subsequent effects.

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Example (FPAST, 1993a):

•   Excess salts in the water supply due to nonpoint source pollution are impairing water
    used for livestock watering and irrigation.

•   High nutrient levels in drinking water that are generated by agricultural runoff are
    increasing the risk of human health problems.

•   High sedimentation rates caused by upstream construction are destroying vital fish
    spawning habitat.
         SELECTION OF BEST MANAGEMENT PRACTICES

         The purpose of this section is to identify the established process for selecting best
         management practices (BMPs) on the tribal lands. Include in this  section:

         1.  Core participants. In addition to listing the agency(ies), orgamzation(s), or
            task force(s) responsible for BMP selection, briefly describe their mission
            statements  and membership composition.
Example (VTNRDEC, 1988a):

The process to identify BMPs has been conducted in conjunction with the Vermont Nonpoint
Source Task Force. The Task Force was established by the Secretary of the State Agency of
Natural Resources in part to secure public participation in the nonpoint source control
planning process. Membership consists of 20 representatives from a broad range of
organizations including the Vermont Department of Agriculture, the Natural Resources
Conservation Districts, Soil Conservation Service, private consultants, the Home Builders
Association of Northern Vermont, and others listed in the Appendix.

The Task Force adopted the following mission statement: 'To prepare by August 4,1988,
portions of a four-year management program for nonpoint source pollution in Vermont as
required by the 1987 Amendments to the Federal Clean Water Act; specifically, (1) to
identify or develop BMPs for controlling each of these sources of nonpoint pollution; (2) to
identify most appropriate means of implementing the BMPs; (3) to estimate the relative
significance of various sources of nonpoint pollution in Vermont such as agriculture,
silviculture, construction, urban runoff, and water course modification; and (4) to solicit
public comment on these conclusions."

With the aid of the Vermont Department of Environmental Conservation, the Task Force
examined the technical standards for all major nonpoint sources of pollutants identified in
Vermont, including agricultural operations, hydropower facilities, and construction sites.
Seven were recognized by the Task Force as having water pollution control standards
which are either inadequate or which need further study for technical adequacy. Where there
were two standards, the Task Force recommended the BMP which should be favored as the
"state standard" for a specified source. Although the Task Force is concerned with emerging
problems, the highest priority is to assure that appropriate standards exist for the most
serious nonpoint sources and to conduct further assessment on those sources which have
led to serious impacts.

In addition to Task Force review of technical standards, BMPs are routinely evaluated by
the Agency of Natural Resources. The Agency is continually  upgrading its own rules and
policies and urging other federal and state agencies to do the same with their own
standards.

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             Also identify the level of participation for each agency, organization, or task
             force. Examples of levels of participation include:
                 Technical assistance
                 Education
                 Demonstration projects
        ..        Financial assistance              ...

        2.   Public participation and governmental coordination. In this section,
             highlight the use of public participation and public comment in the process of
             selecting BMPs and any inter/intragovernmental coordination.
Example (FPAST, 1993a):

Tribal Council procedure provides public participation and public comment. A resolution
authorizes submittal of the assessment plan to other federal agencies. Section 319 of the
Federal Clean Water Act requires each tribe to describe tribal and local programs for
controlling pollution from nonpoint sources. There are numerous programs, administered by
a variety of agencies, which aim to control nonpoint source pollution. County conservation
districts are designated the nonpoint source management agencies for non-federal lands.
The program is intended to encourage adoption and implementation of BMPs. Technical
assistance, education, demonstration projects, and financial assistance are used to imple-
ment BMPs.
        3.   Specific programs. Discuss any specific programs (e.g., U.S. Department of
             Agriculture cost-share programs) that have been contacted for BMP selection
             assistance. An example of the appropriate level of detail follows.
Example (FPAST, 1993a):

The U.S. Department of Agriculture cost-share programs offer financial incentives for
implementation of BMPs on agricultural lands on the Fort Peck Reservation. The Corps of
Engineers' 404 Dredge and Fill Permit Program controls nonpoint source pollution resulting
from hydromodification activities. The Montana Salinity Control Association, a consortium of
conservation districts in dryland farming areas, provides educational and technical assis-
tance to implement agricultural management practices to control saline seep.

The Tribal Water Resource Control Commission conducts water quality monitoring, assesses
and prioritizes nonpoint and point source problems, develops solutions, and provides
management of these problems. A priority list is kept of stream segments and lakes that
have assessed man-caused water quality problems. The list is used to focus and conserve
limited management resources.

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        4.  Existing BMPs.  Describe existing BMPs, organized by category of nonpoint
            source pollution. A table is a straightforward way of listing the existing BMPs.
Example (FPAST, 1993a):

Agriculture BMPs

BMP
Channel vegetation
Fencing
Crop residue use

Windbreak renovation
Range seeding
Nonpoint Source Category (subcategorv)
Dry land crop production
Feedlots/animal holding
Dryland crop production.
Irrigated crop production
Dryland crop production
Rangeland/grazing
        5.  Pollution reduction.  Finally, include a description of the process that will
            be used to reduce the level of pollution resulting from identified nonpoint
            sources of water pollution.
Example (FPAST, 1993a):

Fort Peck's Section 319 program will emphasize agriculture. The process for identifying
BMPs for this category will consist of adopting USDA-Natural Resources Conservation
Service Field Office Technical Guide standards.

Agriculture • The BMPs selected from the Natural Resources Conservation Service
standards and specifications are currently in use by a majority of the producers on the
reservation. Additional BMPs addressing pesticide application, fertilizer management, and
streambank stabilization may need to be added. One or more BMPs known as a resource
management system will be selected for each land  use within a targeted watershed. Proper
application of a resource management system will ensure the nonpoint source pollution is
minimized. Cooperating agencies will develop new BMPs if appropriate ones do not exist to
solve a specific problem.

Utilization of agricultural BMPs for nonpoint source water pollution control on Fort Peck is
voluntary. Success in solving nonpoint source pollution problems has been limited primarily
to smaller streams and projects.
        NONPOINT SOURCE ^CONTROL PROGRAMS
        For each category .of nonpoint s6ttrcepollution (e.g., agriculture, silviculture,
        urban), identify and describe\all-4Vaikble programs for controlling nonpoint
        sources of pollution t^gafdkssF of whether they are currently being used on the
        tribal lands. These-shpukl include tribal, local, state, or federal programs that deal
        with nonpoint source pollution management on the reservation.
 Example (FPAST, 1993a; VTNRDEC,  1988a):

 •   Agricultural Conservation Program •
 •   Acceptable Management Practices for Maintaining Water Quality on Logging Jobs
 •   Corps of Engineers' 404 Dredge and Fill Permit Program
 •   State Land Use and Development Control Laws

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         CONCLUSIONS

         This section provides a summary of the key findings of the nonpoint source
         assessment report and lists special concerns. Identify the category(ies) of nonpoint
         source pollution that is/are most detrimental and will be targeted through the
         section 319 program.
 Example (FPAST, 1993a):

 Four nonpoint source categories are responsible for a significant fraction of the threatened
 or impaired waterbodies on the reservation: agriculture, hydromodification, mining, and
 land disposal. BMPs have been developed and are identified in the Fort Peck nonpoint
 source management plan. Fort Peck's Section 319 program will emphasize agriculture. The
 process for identifying BMPs for this category will consist of adopting USDA-Natural
 Resources Conservation Service Field Office Technical Guide standards.

 The BMPs selected from the NRCS standards and specification are currently in use by a
 majority of the producers on the reservation. Additional BMPs addressing pesticide
 application, fertilizer management and streambank stabilization may need to be added.
. Cooperating agencies will develop new BMPs if appropriate ones do not exist to solve a
 specific problem.
         REFERENCES

         This section provides bibliographic information on sources cited or referred to in the
         text of the report.
         APPENDICES
         Include in the appendices additional infommHdnJtfiat'lslmdortant to the understand-
                        rr                      '•--' ,;i, 'f-     ~--  ™ •**
         ing of a certain section of the report, butnotsighificant enoygh to be included in the
         body of the text. This material should be suppleriieritary to the information pre-
         sented in the body of the text.   ,, ~ "     ''""i'\  -  ;         "^C '
 Example (FPAST. 1993a; VTNRDEC, 1988a):

 •   Criteria for designated use support classification.
 •   Documentation of pollution sources affecting tribal rivers and streams.
 •   Selected portions of toxics assessment reports that are relevant to tribal waters.
 •   Membership lists for local nonpoint source task forces and member affiliations.
 •   Current ground water nonpoint source pollution assessment reports.
 •   Descriptions of Waterbody System information categories.
 •   Relevant tribal government resolutions relating to nonpoint source pollution.
         ACRONYM LIST

         In this section, provide a list of acronyms used throughout the nonpoint source
         assessment report.

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Sources
        Documents that might provide additional assistance during the preparation of'a
        nonpoint source assessment report include:

        •   Waterbody System Users Manual (WBS 1996) - Available from USEPA Regional
           Offices (August 1995)

        •   Supplemental EPA Region VIII Guidance: Water Quality Standards for Indian Tribes
           - USEPA, Region 8, Water Management Division (June  1995)

        •   Guidelines for the Preparation of the 1996 State Water Quality Assessments
           (305(b) Reports) - USEPA, Office of Water (May 1995)  (updated every 2 years)

        •   A Tribal Guide to the Section 319(h) Nonpoint Source Grant Program - USEPA,
           Office of Water (September 1994)

        •   Guidance Specifying Management Measures for Sources of Nonpoint Pollution in
           Coastal Waters - USEPA, Office of Water (January 1993)

        •   Reference Guide to Water Quality Standards for Indian Tribes - USEPA, Office of
           Water (January 1990)

        •   Nonpoint Source Guidance - USEPA, Office of Water (December 1987)

        •   Surface Water and Wetlands Protection Program Operating Guidance FY1988 -
           USEPA, Office of Water (April 1987)      ^ "\  •-

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Nonpoint  Source
Management  Program
       The management program is a multiyear (usually 4-year) strategy document
       designed to bring nonpoint sources of pollution under control. Based on the find-
       ings of the nonpoint source assessment report, the management program becomes
       the foundation of each tribe's section 319(h) program. The management program
       identifies reservation-wide activities, as well as watershed-level projects, for imple-
       menting management practices for high-priority nonpoint source problems and
       provides a schedule for their implementation. The six types of information required
       for the management program are (see section 319(b)):
       (1) A description of BMPs and measures that will be used to reduce pollutant
           loadings resulting from each category and subcategory of nonpoint source
           pollution identified in the assessment report-Jthe impact of the practices on
           ground water should also be discussed.  ^  -,
                                             ฃ '  -...' "V
                                           --">>„>  \;'  -',•
       (2) A description of the programs that wfll fee-used to achieve implementation of the
           BMPs identified in paragraph (l)^These may include^ as appropriate,
           nonregulatory or regulatory programs, for enforcement technical assistance,
           financial assistance, education, tramng,,;tecttnology transfer, and demonstration
           projects.                 -  ,kv  -r-x'^V'--.?>  •
       (3) A schedule containing annual milestones for the implementation of the BMPs
           and programs identifiediftfOTagraphV(l) and (2).
       (4) A certificaftoh b$r,an independent' J^aF counsel that the laws of the tribe
           provide, adeqiiafe ,ai*trJ6nty to.imple'ment such a management program, or if
           there is aot^deqtia^aiithori^a list of additional authorities that might be
           necessary tqjimplemeiit the management program. There should also be a
           schedule and a commitment by the tribe to seek such additional authorities as
           expeditiously as practicable.
                          NJ'
       (5) A list and descriptions of any sources of federal and other assistance/funding
           (other than 319(h)) that will be available for supporting the implementation of
           the nonpoint source pollution control measures identified in the tribe's nonpoint
           source management program.

       (6) Identification of any federal assistance programs and development projects to
           be reviewed by the tribe for their effect on water quality or inconsistency with
           the tribe's nonpoint source management program.

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Model for a Nonpoint Source Management Program
       Several basic components and considerations described previously in the nonpoint
       source assessment report section should also be included in the nonpoint source
       management program (refer to page 5 for a detailed description).-The assessment
       report sections that should also be considered for inclusion in the management
       program are:

           •   Reference documentation
           •   Cover
           •   Contents
           •   List of tables
           •   List of figures
           •   List of appendices

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          Nonpoint Source Management Program

        The sections that follow provide further explanation and examples of the content of each
        section of the management program.
        OVERVIEW

        The overview states the purpose of the document and explains the need for a
        nonpoint source management program for the tribal lands. It also provides a
        summary of the major conclusions of the management program. Discuss only
        significant information from the management program in this section. Keep the
        section concise—ideally no more than one page in length.

        Examples of information to be included are:

        •   Priority nonpoint source pollution categories to be addressed by the manage-
            ment program.
        •   The process used to target impaired waterbodies.
        •   The process used to select BMPs for abating and/or preventing nonpoint
            source water pollution.
        •   Public participation used in the development of the management program.
Example (FPAST, 1993b>:

The subtle nature of nonpoint source pollution presents significant difficulties to the entities
charged with its monitoring and managing. Additional problems result from the large
number and variety of agencies, organizations, groups, and individuals involved in manag-
ing land, and protecting resources. On the Fort Peck Reservation, most nonpoint pollution is
caused by agriculture, hydromodification, land disposal, and resource extraction. Construc-
tion and urban nonpoint sources are minor components of the total nonpoint source
pollution on the reservation. Nonpoint source pollution can affect both surface and ground
water.

Fort Peck Reservation's Nonpoint Source Pollution Management Plan will emphasize
prevention to minimize future rehabilitation needs. The prevention portion of the plan will
rely heavily upon education. In addition to education, the management plan will emphasize
technical assistance and financial incentive for landusers to voluntarily implement BMPs to
prevent or mitigate impairment.

The authority of the Fort Peck Water Code and Fort Peck-Montana Compact will be used to
control significant quantifiable nonpoint source pollution through the issuance of Tribal
water use permits. Education is a major component of the program in order to achieve
voluntary compliance. Range tours, brochures, and videos will be made available to
producers.
        INTRODUCTION
        The introduction describes the goals and objectives of the nonpoint source manage-
        ment program. A typical goal statement might be "to emphasize prevention
        whenever possible in order to minimize the need for more costly later cleanup of
        tribal waters." An objective should describe how the goal will be met. An objective
        might be "to promote available technical assistance and financial assistance for
        land users in order to increase voluntary implementation of BMPs to prevent or
        mitigate impairment." Another, objective might be "to integrate the nonpoint source
        program into the overall environmental program for protection of tribal resources."

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Example (CTUIR, 1994):

The goal of the nonpoint source water pollution management program is to protect and
restore water quality, watershed condition, and aquatic/riparian habitat on the Umatilla
Indian Reservation and throughout the Umatilla River Basin. This will provide for the
beneficial use of surface (and indirectly, subsurface) waters within the Basin. From the
perspective of the CTUIR this can administratively be broken into the use for specific
beneficial and traditional uses, and the protection and restoration of treaty-reserved
resources.

(1)   Beneficial and traditional uses: Develop program to support 18 beneficial uses (Interim
     Water Code) oh the Umatilla Indian Reservation under the administrative and regulatory
     control of the CTUIR. The program will support beneficial uses and exercise of treaty
     rights throughout the rest of the Umatilla River Basin in accordance with state of
     Oregon and federal water laws, codes, and regulations.

(2)   Treaty-reserved resources: Throughout the Umatilla River Basin the Tribes retain treaty
     rights related to fishing, hunting, pasturing of livestock, and gathering of traditional
     plants among other rights. Water quality, riparian and watershed condition must be
     managed to provide the opportunity for the Tribes to exercise those rights. Develop
     program to provide high quality water as a part of instream, riparian and upland habitat
     for fish, wildlife, and plants.

The primary objective of the management program is to protect high quality waters and
improve substandard water quality conditions in the Umatilla River Basin through:

(1)   Administration, improvement, and enforcement of water quality standards and federal,
     state, local, and tribal laws, codes, and regulations pertaining to land use and water
     quality.

(2)   Design and installation of on-the-ground projects to assist water quality protection and
     restoration and implementation of BMPs where found to support water quality
     improvements.

(3)   Public involvement and education by various means.

(4)   Monitoring of water quality conditions for detection of trends, determination of
     beneficial impacts  due to projects or implementation of BMPs, location of chronic and
     acute sources of nonpoint pollution, and compliance with standards and criteria.

(5)   Coordinated efforts in the Umatilla River Basin to ensure a holistic watershed ecosys-
     tem approach and  reduce redundancy of efforts.
Present a more detailed deSCri
                      *-'   '"
                                            isting'of steps used in identifying nonpoint
                                f  ••_..'•.    >  f-v^    ^ ,?•/  ""*•
         source problem areas, prion^water&dies^aiid^BMP solutions in this section. This
         information shoutid fee;a,,cbfelseJSMjnnjai5ฃpf -the data presented in the assessment
         report, but nj&re"ietปled : th&tac^generalip'rocess identified in the overview section.
Example (VTNRDEC, 1988b):

A comparative evaluation procedure was developed and applied to each impaired surface
waterbody. The following four considerations were used to develop the list of "high priority''
waters: severity of the water quality impairment,.... public benefit if use is restored.
Examples of public benefit considered in the procedure were health-related concerns and
recreational activities. Public comments received during workshops were integral to
determining "threatened waters."

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        MANAGEMENT PROGRAM SUMMARY

        This section is intended to provide general information regarding the development of
        the management program. The section should identify the legal authority for the
        proposed management program and the designated management agency for the
        program (e.g., tribal environmental office, tribal nonpoint source task force). Many
        tribes establish a tribal environmental office that is responsible for the development
        of the program and coordination with other tribal programs, as well as coordination
        with federal programs and agencies.
Example (VTNRDEC, 1988b):

The process for identifying BMPs and nonpoint source control programs that will be used
during the management program will also be incorporated into the nonpoint source
assessment process and the waterbody targeting process to gain broader public input. Over
350 individuals and organizations were contacted during the assessment regarding specific
nonpoint sources that they may have observed. Each was asked their opinion of specific
BMPs and programs that they felt were appropriate to resolve local problems. Persons
attending the regional workshops and the statewide meeting on the management program
and targeted waters were also given the opportunity to describe control measures or
programs.

In addition to Task Force and public review of technical standards, BMPs are routinely
evaluated by the Vermont Agency of Natural Resources. The Agency has continually
evaluated and revised its own rules and policies and urges other federal and state agencies
to do the same with their own standards.
        Also, describe the contents of the management program in the management
        program, summary. An example of information to include is a definition of how the
        program is partitioned (e.g., "The management plan has been divided into two
        parts"). Briefly describe the information that will'te,discussed in each subsection of
        the plan (e.g., "the administration subsection wJSJ ,
                            \ "'•','*'•:  •'        V "  -
        This section of,the reportshould be organized by the nonpoint source pollution
        categories (e.^, •agrkaiture^sO.ykuTlture, /construction) that are identified as
        priorities iriTthe• assessment-report and will be addressed in the management
                   \        "•<ซซ ~y-„%  *v  --.'-;
        program. BMPsJdenafied;?ter;,each category should form subsections. Include
        milestones for each seteon^saBsection of the plan, presented in tabular form.

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Example (FPAST, 1993b ; VTNRDEC, 1988b; EBCI,  1993b cited in USEPA.  1994a):

Agriculture Milestones

Activity                  Year 1        Yฃar_2       Year 3       Year4

Demonstration - winter    X
grazing and feeding
on Wolf Creek

Implement 4 grazing                    X
BMPs on range units
9 and 10 on Little
Porcupine Creek

Monitor range units                     X            X           X
9 and 10 for water
quality changes

Silviculture Milestones

Activity                  Year 1        ฅfiar_2       Year 3       Year 4

Stabilize abandoned                    XXX
logging roads
         For each nonpoint source pollution category, provide the following:

         •    Provide a brief introductory paragraph describing the nonpoint source, as well
             as problems and needs associated with the soujeer Jo the maximum extent
             possible, this paragraph should include information'such as the primary
             pollutants associated with the nonpoint spjkces.-yJte percent of land use
             associated with the nonpoint source ppUutioh category and the percent of
             nonpoint pollution on the tribal lands attributed  to'the source.
Example (FPAST, 1993b):

Agriculture - Agriculture is Fort Peck Reservation's number one industry and is the prevalent
land use on nearly 98% of the Reservation's land. Agriculture also g'enerates nearly 99% of
the total nonpoint source pollution. The main agricultural pollutants are sediments and
nutrients.

The designated nonpoint source management agencies for Montana have adopted Natural
Resources Conservation Service (NRCS) standard conservation practices and specifications
as Montana's recommended agricultural BMPs. The Assiniboine and Sioux Tribes intend to
adopt NRCS recommendations as well. New BMPs addressing pesticide application, fertilizer
management, and streambank stabilization will be added as they are developed.

Appropriate BMPs will be selected on a site specific basis for each agricultural activity
producing nonpoint source pollution. Application of agricultural BMPs for nonpoint source
water pollution control on the Reservation is basically voluntary.
             Next, identify specific short-term goals and objectives. These may be subdi-
             vided by activities (BMPs) proposed to meet each goal.

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Example (EBCI, 1993b cited in USEPA, 1994a; VTNRDEC, 1988b):

Goal - Reduce nutrient contamination of tribal waters.

Activities (BMPs) -

1.   Feedlot waste management. The tribe will require that the landowner assess the
    impact to the aquatic environment of a hog feedlot on Adams creek. If the impact is of
    sufficient magnitude to warrant a waste treatment program, the tribe will consult with
    the landowner, NRCS, ASCS, and EPA on appropriate BMPs to correct this situation.

2.   Establish an annual awards program to recognize the achievements of farmers who
    have implemented BMPs. Supporting text describing the awards program should
    follow.
            For each activity (BMP), determine the following (if possible) and include
            supporting text for each:
            - Lead agency(ies)
            - Cooperating agency(ies)
            - Funding schedule
            - Waterbodies potentially to be improved by the activity (BMP)
            - Any impacts to ground water supplies
            - Implementation schedule and milestones.  (These should be presented in
              tabular form and cover the four fiscal years following management program
              submittal.)

            Identify any additional, long-term objectives forthe nonpoint source category.
            Examples of long-term objectives are (VTNRDEC, 1988b):
                                                     j    -. V
            - To encourage the use of agricultural BMPs by making cost-sharing programs
              more affordable.                   '•*.   '       '
                                              ~  '  ,x    v    '  v
            - To restore minimum flows and regelate impoundments so as to support
              designated uses such as aquatic biota habitat, swimming, and boating.
                                         .*^.    "^ „         ...'       '*-.'%- vV
            - To reduce septic system faUareS'and groanst and surface-water contamina-
              tion and to prolong septic-system performance.,_
        EXISTING AUTHORITIES AND PROGRAMS
                           3 "" %   5   t    >   \  f
                             - ,   ,,    „ -  ,.    s
                            N^'jJ., „      fj-    \
        This section identifies aM describes anytrifeal or federal laws or programs (in
        addition to section 319}sithataddress nonpoint source pollution and activities
        associated with eacfi.-Examples of laws or programs that could possibly support
        nonpoint source pollutioa control: implementation  include:
                            x  V  '>"
        •   Clean Water "Act Aiaeiidaients (e.g., sections 303, 314, 404)
                          **  *- -*' // /
        •   Safe Drinking Wlter"Act-Amendments of 1996
                             ^ - .."/
        •   Provisions of the Fooff and Agricultural Trade Act of 1990

        Also include a description of specific programs (in addition to section 319) for
        financial or technical assistance at the tribal, local, state, or federal level. Examples
        of federal financial assistance programs include the Intermodal Surface Transporta-
        tion Act of 1991 (transportation enhancements); the State Revolving Fund (SRF) of
        the Clean Water Act (special tribal set-aside); the Abandoned Mine Lands Program;
        and the Environmental Quality Incentives (EQIP), Wetlands and Conservation

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         Reserves, and Wildlife Habitat provisions of the 1996 Farm Bill. Examples of state
         financial assistance programs are state agricultural cost share programs, state-
         funded state revolving funds, and regional geographic initiatives such as the
         Chesapeake Bay Program and the Puget Sound Program.

         In addition, define the roles of various agencies in these financial or technical
         assistance programs.
Example 1 (EBCI, 1993b cited in USEPA,  1994a):

The Bureau of Indian Affairs has responsibilities over all properties held in trust by the U.S.
Government for Indian tribes. The Bureau of Indian Affairs will provide technical assistance
and resources when available.
Example 2 (FPAST, 1993b):

The Extension Service at the U.S. Department of Agriculture level provides support for state
Extension organizations by overseeing the distribution of federal funds, by reviewing
programs, and by alerting states about federal priorities and programs. Extension Service
involvement in the national nonpoint source effort focuses on information and education
programs.
        This section also identifies any federal assistance programs and development
        projects to be reviewed by tribes for their effects on water quality or inconsistency
        with the tribe's nonpoint source control program.
Example (EBCI, 1993b cited in USEPA, 1994a):

Consistency of Federal Programs - The Tribal Environmental Office will be responsible for
the review of activities and programs conducted by all federal agencies on tribal lands to
ensure compliance with the tribal nonpoint source program. This will be one of the duties of
the technical assistant in the Tribal Environmental Office. The following is a list of Federal
Agencies expected to be conducting activities that would fall within the guidelines of the
nonpoint source program: USDA Natural Resources Conservation Service, Bureau of Indian
Affairs, Indian Health Service, and Housing and Urban Development.
        This sectiori'pfO'Hdes bibliographic information on sources cited or referred to in the
        text of the report.  7; -,  \'.":',">,  "",, Iy
        APPENDICES
        Include in the appendices additional information that is important to the understand-
        ing of a certain section of the report, but not significant enough to be included in the
        body of the text. This material should be supplementary to the information pre-
        sented in the body of the text.

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Example (EBU 1993b cited in USEPA 1994a; VTNRDEC, 1988b):

•   Official certification of legal authority to carry out the nonpoint source management
    program.
•   Membership lists for local nonpoint source task forces and member affiliations.
•   Notes from public meetings on the nonpoint source management program.
        ACRONYM LIST

        In this section, provide a list of acronyms used throughout the nonpoint source
        management program.
Sources
        Documents that might provide additional assistance during the preparation of a
        nonpoint source pollution management  program  include:

        •   Section 319(h) Success Stories - USEPA, Office of Water (November 1994)

        •   Geographic Targeting:  Selected State Examples -  USEPA, Office of Policy and
            Program Evaluation (1993)

        •   Selecting Priority Nonpoint Source Projects: You Better Shop Around - USEPA,
            Office of Water (1989)

        •   Setting Priorities: The Key to Nonpoini-$9Urce PoSutt&n.ControI - USEPA, Office of
            Water Regulations and Standards '{jitiy;i987y?   \,--'' * -,
                                       j V      ,•,..""'''        •*   ^
        •   Integrating Quality Assurance info 'Tribal-Water-Programs^- USEPA, Region 8,
            Water Management Division {undated) *„.,; <„    ' -
                                      X '  '  " ',  -'"'•-&-.• ;"'

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Section  319(h)  Grant Application
Background
       After completing the nonpoint source assessment report and nonpoint source man-
       agement program, a tribe can develop a grant application in coordination with the
       appropriate EPA Region to promote a high-quality, goal-oriented work program
       consistent with the national section 319 objectives sand priorities. Within the grant
       application, the work plan should describe specific projects the tribe plans to fund for
       the coming fiscal year.                    f-A , <
                                                      '
       The four general objectives of a sectionJ,t9{JO grant are as,-follows (USEPA, 1994b):

           (1)  Support state and tribal;;activitt^ with the greatest potential to pro-
               duce early, demonstrSbie-water ^quality ,,results.
                                  V-:/?n':':''^- "^7  '"-,-,
                                    \  /  f.  '%^ ''•   .. -It. 5 '"-•;
           (2)  Encourage and^rew,ard eWectiy^perfejImance.
           (3)  Assist in building tneliong-terMfc^pacity of states, tribes, and local
               governments' tป address, nonpointjiource pollution problems.
           (4) EnccHaage-strong iriteragencyToordination and public involvement.
                    ''       '  "'  '*•     '
                                   -
                                K*  ~ ^ '^
        In addition, each;apptoye
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Key Concepts
        The following is a list of key concepts that have traditionally been important in
        319(h) grant applications. EPA regional reviewers look for particular key concepts in
        each grant application (USEPA,-1993a) as an indication that states and tribes
        understand and support the goals and objectives  of section 319.

        •   Emphasize implementation of approved nonpoint source management programs
            (e.g., nonregulatory or regulatory programs for activities such as enforcement,
            technical assistance, financial assistance, education, training, technology trans-
            fer, and demonstration projects that directly result in installation of BMPs or
            adoption of management actions directly affecting water quality).

        •   Identify priority actions that will be taken and explain how these actions are
            related to the priority problems identified in the nonpoint source assessment
            report.

        •   Establish a realistic schedule and milestones for completing the priority actions
            identified.

        •   Emphasize pollution prevention mechanisms to control nonpoint sources (e.g.,
            restricting erosion-inducing activities in sensitive areas; improved pesticide
            storage, handling, mixing, and loading practices to reduce spills).

        •   Emphasize watershed-based approaches to solving nonpoint source pollution.
                                                      /:-
        •   Provide for monitoring and evaluation of program effectiveness.
                                                  /'••
                                               /?*"  -**.'*''
        •   Emphasize any interagency coordination witfi  federai,>tate, and local agencies
            and interest groups.             ,. *  „.   '       v~~    * ,
        •   Describe in detail previous acfOmpUshmmtS in addressing nonpoint source
            pollution with grant funds (If previous grants were received).
Contents
        The following information should ^be included in each  nonpoint source grant
        application.-.  •• "V  *   '""'^'"-^"'-'?
                       ~.         v "
        (1)  Cover letter.<
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(3)
        Demonstrate its capability to carry out the requirements of the grant
        program. To meet the capability requirement, a tribe includes in its applica-
        tion packet to the appropriate EPA Regional Office a nonpoint source
        assessment report, a nonpoint source management program, and a grant
        proposal and work plan.
Grant proposal and work plan.  This section of the application identifies
priority projects (previously described in the nonpoint source  management
plan) for which 319(h) funding is sought. Due to limited resources, tribes
should focus their initial efforts on a limited number  of high-priority
surface and ground waters to maximize environmental benefits.
Additional explanation and examples of the content of each section of the grant application
and work plan are provided on the following pages.

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              Nonpoint Source  Grant Application
        COVER LETTER

        A cover letter must accompany each grant application. The letter states the request
        for financial assistance and briefly describes the project that the tribe hopes to
        fund.
Example (ฃBCI, 1993 cited in USEPA, 1994a):

Date
Regional Administrator
U.S. EPA
Address
Dear Regional Administrator:

Enclosed are an original and two copies of the (tribe's name] request for financial assis-
tance under section 319 of the Clean Water Act.

The tribe recently submitted to your office a nonpoint source pollution assessment and
management program for consideration. We feel that implementation of this effort is
essential to the protection and enhancement of the waters on the (tribe's name) reserva-
tion.

Specifically, this requested assistance will address (nonpoint source problem) associated
with the (primary cause of the nonpoint source problem). Through the utilization of technical
assistance from the (cooperating agency], the tribe plans to (primary actions).

We look forward to working in partnership with EPA to assess and protect our natural
resources. Please feel free to call me or the Tribal Environmental Specialist if you have any
questions or need more information.

Sincerely,
Tribal Chairperson
Enclosures (number of enclosures)
cc: Regional Nonpoint Source Coordinator
        ELIGIBILITY
                           H- ./"•'>•'
        Federal Recognition x;y

        A tribe that has not done so may establish that it has been federally recognized by
        simply stating in its grant application that it appears on the list of federally recog-
        nized tribes that the Secretary of the Interior publishes periodically in the Federal
        Register. This can be accomplished by including as an exhibit a list of federally
        recognized tribes with the specific tribe's name highlighted.

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         Substantial Governmental Duties and Powers

         A tribe that has not documented its governmental duties and powers in a previous
         grant application can do so by certifying that it has a government carrying out
         substantial governmental functions. A tribe will be able to make the required
         certification if it is .currently performing governmental functions to promote the
         public health, safety, and welfare of its population (e.g., levying taxes, acquiring land
         by exercise of the power of eminent domain, exercising police power). Provide a
         narrative description, not copies of specific documents, of the form of tribal govern-
         ment and the types of essential governmental functions currently performed, and
         identify the legal authorities for performing those functions (e.g., tribal constitutions
         or codes). Attach the description of duties and powers and label it as an exhibit.
Example (USEPA, undated):

The governing body of the (tribe's name) is its Tribal Council. The Council is comprised of
seven members, one of whom is the Tribal Chairperson. Elections are held once a year with
members holding staggered two-year terms. The Chairperson is also elected for two years.
         Tribal Authority

         The tribe must submit a statement signed by the Tribal Attorney General or
         equivalent official explaining the legal basis for the tribe's regulatory authority over
         its water resources or providing evidence of prior approval for "tribal eligibility."
         Attach the statement and label it as an exhibit.
Example (USEPA, undated):

Several provisions of the Tribe's Constitution expressly authorize the American Tribal
Council to exercise powers that entail regulation of not only ground water within the
Reservation, but use of all waters originating within the Reservation as well: Article I, Section
6, authorizes the protection, conservation, and regulation of Reservation natural resources;
Section l(b) authorizes the Council to represent the Tribe in transactions and negotiating
agreements with other governments; Section l(c) authorizes the Council to represent the
Tribe in litigation; Section l(d) authorizes the Council to manage all unassigned Reservation
property and control the use of all unassigned Reservation land; Section l(j) authorizes the
protection of the general welfare, health and safety of the Reservation's residents; and
Section l(k) authorizes the Tribe to enact laws on the Reservation consistent with its sover-
eign status.

These specific Constitutional provisions are interpreted broadly to achieve the protection
of tribal rights and interests, and to accommodate constant developments in federal law
that expand or refine the general scope of tribal jurisdiction. In addition, the Tribe is
authorized to exercise any inherent sovereign power not expressly authorized by Con-
gress.

The Tribe's main purpose in regulating the use of Reservation  resources generally, and water
use and quality in particular, includes protection of the Tribe's federally reserved water rights
from environmental degradation and unauthorized interference by outside persons or
governments. Tribal authority to regulate these reserved rights necessarily entails the
authority to serve the purpose for which the rights exist, which includes subsistence and
commercial use of the Reservation's water resources. In addition, tribal regulation of this
type fulfills the Council's constitutional obligations to protect the basic health, safety, and
welfare of the Tribe and the Reservation community. Ultimately, such regulation promotes
the political integrity of the American Tribe.

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        EPA will approve tribal applications for only those land areas where the tribe has
        demonstrated jurisdiction. Attach as an exhibit a map of tribal lands for which the
        tribe has jurisdiction. In addition, a sample tribal water pollution control ordinance
        may be attached as an exhibit to document the tribe's authority over its waters.
        Tribal Capability

        In most cases, a tribe's approved nonpoint source assessment report and manage-
        ment program will serve as adequate documentation that the tribe has "capability"
        to carry out the nonpoint source activities proposed for funding. In some instances,
        however, EPA may request that the tribe provide a narrative statement or other
        documents showing that the tribe is capable of administering the grant for which it
        is seeking approval. Even if a tribe does not.have substantial experience adminis-
        tering environmental programs,, the tribe will still be considered for a 319 grant as
        long as it shows that it has the necessary management, technical, and related skills
        or submits  a plan describing how it will acquire those  skills. In evaluating tribal
        capability, EPA will consider:

        •   Previous management experience.
        •   Existing environmental or public health programs administered by the tribe.
        •   Mechanisms in place for carrying out the executive, legislative, and judicial
            functions of the tribal government.
        •.  Accounting and procurement systems.
        •   Technical and administrative capabilities of the staff to administer and manage
            the program.

        Management experience. Examples of general managerial experience include:
                                                      /-,. „ ' /
        •   Operation of domestic water system      /:     "":-,
        •   Cable TV system                     /'  "/~ \
        •   Solid waste management           /',   .,        vl :  '
        •   Administrative offices             '-.'    ;,,,, '  -
Example (EBCI, 1993b cited in USEPA 1994a):

The Tribe is currently developing a combined utilities ordinance to better regulate Tribal
utilities as well as to provide better services to Tribal members. The Tribe has nearly
completed its own Chemical Emergency Response plan, adhering to SARA Title III
requirements, as well as an improved Tribal Solid Waste Management Plan, with funding
provided by EPA Multi-Media grants. This funding has also allowed the Tribe to hire an
Environmental Specialist as part of their administrative staff, to oversee environmental
programs, such as a water quality program. The Environmental Specialist manages the
resolution of environmental problems on the reservation. The Tribe is also negotiating with
national and international firms regarding economic development of Tribal lands adjacent
to Interstate 40.
        Existing programs.  Examples of existing environmental or public health
        programs administered by the tribe include:

        •   Indian health clinic
        •   EPA Multi-Media Grants - any  preceding fiscal year
        •   BIA FY 92-94 Rights Protection - Hazardous Waste Grant
        •   Department of Health and Human Services, Administration for Native Ameri-
            cans -1985 to present

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         Mechanisms for governmental functions. The following is an example of a
         brief but acceptable description of tribal mechanisms for carrying out governmental
         functions.
 Example (USEPA, undated):.

 Executive functions of the tribal government are carried out by the Tribal Chairperson.
 Legislative functions are carried out by the six-member Tribal Council.
         Accounting and procurement systems.  The following example illustrates the
         appropriate level of detail for this section.
 Example (USEPA, undated):

 The Tribe's general accounting system is maintained by ten Tribal accountants and a private
 accounting consultant. They handle all Tribal financial activities, including payroll, ledgers,
 accounts payable and receivables and program disbursements, in compliance with federal
. accounting regulations. The accountants work with auditors to supply documentation of all
 financial transactions. Tribal books are audited yearly by a Certified Public Accountant. In
 addition, the Tribe has under contract an accounting firm, who confirm in a letter. Exhibit X,
 the breadth and effectiveness of the Tribal accounting system.

 The Tribe's procurement system meets the requirements as described in [25 CFR 276.12].
 Furthermore, Tribal policy dictates that all purchases and expenditures meet with prior
 approval from the Tribal Council.
         Technical and administrative capabilities of the staff.  An example of the
         level of detail expected for this section follows.,/-, .- '";
 Example (USEPA, undated):

 Existing staff resources include a Grants and Contracts Accountant and an Environmental
 Specialist. The Tribe has identified the following as a potential inventory of firms and
 organizations that could provide the necessary technical capability for a water quality
 assessment/pollution prevention program. We intend to enter into an agreement with one or
 more of the following should Section 319 funds become available.

 •   Natural Resources Conservation Service
 •   U.S. Geological Survey
 •   U.S. Naval Construction Training Center
 •   A private environmental consulting firm
 •   The University of California at Davis' School of Environmental Engineering
         List of Exhibits         ,
                                S, '

         Label each exhibit attached to the application, and provide a list of the exhibits.
         Retain copies of the exhibits. Check carefully to make sure that all required items
         for the eligibility determination have been addressed.

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        GRANT PROPOSAL AND WORK PLAN
        Cover Page

        The document cover contains at a minimum the tide of the project and the date
        submitted.
        Introduction

        The introduction states the purpose of the 319 (h) grant application and provides
        an overview of the proposed nonpoint source pollution management project. The
        purpose must specifically request funding to control a particular nonpoint source
        that has been identified as a cause of impairment or threat to the quality of tribal
        waters. The overview of the management project identifies the method or technol-
        ogy proposed to reduce or prevent the nonpoint source pollution problem. In
        addition, the introduction identifies the major components of the nonpoint source
        management project.
Example (CTUIR, 1995):

A program is needed to provide high quality water as a part of instream, riparian, and
upland habitat for fish, wildlife, and plants. In the interest of applying a watershed protection
approach and contributing to the improvement of water quality problems related to
nonpoint sources, the CTUIR developed a Nonpoint Sources of Water Pollution Management
Program for the Umatilla River Basin. The CTUIR proposes to continue implementing its
management program through:
•   administration, improvement, and enforcement of water quality standards and
    federal, state, local, and tribal laws, codes, and regulations pertaining to land use and
    water quality;
•   design and installation of on-the-ground practices and projects to assist water quality
    protection and restoration; implementation of best management practices where
    found to support water quality improvements;
•   public involvement and education by various means;
•   monitoring of water quality conditions for detection of trends, determination of
    beneficial impacts due to projects or implementation of best management practices,
    location of chronic and acute sources of nonpoint pollution, and compliance with
    standards and criteria; and
•   coordination of efforts in the Umatilla River Basin to ensure a holistic watershed
    ecosystem approach and reduce redundancy of efforts.
Clean Water Act Section 319(h) funds are sought for portions of the Management Program
to be implemented in 1995, (i.e., implementation of on-the-ground projects, project and
educational monitoring, updating water quality databases and CIS  information, wellhead,
and other groundwater protection and assessment, and coordination of these efforts with
those other entities in the Umatilla River Basin.
        The introduction also;dbotsse^ implementation of the proposed management
        project or projects byldentyying the lead organization and cooperating agencies
        and defining their proposed roles.  The following list identifies potential cooperat-
        ing agencies. It is not intended to  be all-inclusive (VTNRDEC, 1988b).

        •   Department of Agriculture
        •   Natural Resources Conservation Service
        •   Corps of Engineers
        •   Federal Highway Administration
        •   Office of Surface Mining
        •   Department of Transportation
        •   Department of Energy
            U.S. Forest Service

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Example (CTUIR, 1995):

Potential exists for cooperative projects with the Umatilla Basin Watershed Council;
Columbia-Blue Mountain Resource Conservation and Development Council; Umatilla
County Soil and Water Conservation District; USDA-Soil Conservation Service; Oregon
Departments of Agriculture, Water Resources, Environmental Quality, and Rsh and
Wildlife; U.S. Environmental Protection Agency; USDI Bureaus of Indian Affairs and
Reclamation; the USDE-Bonneville Power Administration; and the local non-governmental
citizens and groups.
        Project Location

        Identify the proposed location for implementation of the nonpoint source manage-
        ment project(s). In addition, specify the watershed(s) in which the proposed
        project(s) are located.


        Project Goals and Objectives

        Describe thoroughly the goals and objectives of the selected project(s) or
        activity (ies).
Example (CTCR, 1995):

Program goal: To improve water quality in impaired watersheds by BMP implementation
projects coupled with water quality monitoring/project performance monitoring.

Program objectives:
  1)   To maintain the reservation-wide water quality monitoring network and focus on
      implementation effectiveness.
  2)   To implement water quality improvement projects in several impaired watersheds.
                                              % "-'  '-'   --•'    H ''jj
        Project/Activity Description ,f'<      ~- ,  - ,  '        <-C"
                                      x,  ' '-   '•- -   "*; ,' \ \
                                       ^;    "\ " '  "  ^,-
        The project/activity description identifies ifee scope, of the project or activity. It
        details the components of& p,roject/activity,aifc& thoroughly describes each
        component. Project monitoring and evaluation plans, as well as any public educa-
        tion and public participation plans, should be described in this section as well.

                      x^-A/'H--'.  •  • -vvv
                     f f ^ $ Vf^ 'f  ._  v    '  ' i  ' •• ' J '
                              ^

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Example fCTUIR, 1995):

The on-the-ground projects will continue the focus in the Wildhorse and Middle Umatilla
subwatersheds and will add the Tutuilla/Patawa subwatershed. The projects will include
riparian and meadow tree, shrub and forb plantings, placing instream structures, fencing
riparian corridors, fencing livestock grazing pastures, researching traditional resource uses
and conditions (to be used in developing Desired Future Conditions/project objectives),
monitoring and evaluation of project outputs, maintenance of project developments, and
coordination the projects with local, state, and federal agencies and the public. On-the-
ground projects will be installed only as a part of a watershed protection approach.

It is anticipated that project implementation will result in reduced late summer and increased
winter stream temperatures, reduced sediment delivery, reduced delivery of nutrients and
bacteria, and improved stormwater management. These results will benefit surface and
groundwater quality. Project completion will result in improved management of pastures for
livestock grazing, more efficient forage utilization by livestock, and improved management
of crop agricultural practices. Coincident with these results will be an increase in available
information on water quality in the Umatilla River Basin and in increase in awareness of
water pollution problems and involvement in their solutions.
         Outputs/Deliverables

         Identify all outputs/deliverables that will be produced by this project/activity (e.g.,
         reports, manuals, meetings). The outputs are often divided by respective task in
         the proposed work plan.

         The following is an example of a list of deliverables (GCPDD, 1995):

         •    Preproject detailed plans that identify the participants  in the public/private
             partnership, describe where the project/activi^will'be initiated, and provide a
             schedule for completion.               ^-;ii'~V:r " >
             Public outreach plan and materials for educating homeowners and the general
             public on the care and maintenance "o^any;sttWpecific^faciMlies which might
             be involved.                 ^~-"x  \-'ซ?%f        sv
                                               -         ,
             Quarterly reports detailing the progress of .the project:,

                               ^4^  Vl^:l^>:y''
             Final report detailing fte,SQckess 6tjfee^jirbjec^activity in controlling or
             preventing nonpolht ^Wce^otlatiori\aad'the cost-effectiveness of any site-
             specific svste^.Th%vrepottv^cปntairi,an analysis of all monitoring results.
                            "  '*          "    f   '"
Example 1 (CTCR, 1995):

Task \:    Maintain water quality monitoring network and perform effectiveness monitoring.
Output 1:  Network monitoring will be ongoing. Data and monitoring reports and monthly
          reports from Environmental Trust programs. Quantitative data will be put on data
          base.

Task 2:    Construct implementation projects.
Output 2:  Completed projects for Frosty Meadows, Northstar Creek, Rebecca Lake,
          Friedlander Meadows, Rogers Bar, and other projects. Quarterly reports will be
          prepared for the projects.

Task 3:    Continue watershed planning.
Output 3:  Produce operational modules for watershed planning  process and select
          watershed models for GIS/database. Quarterly reports will be prepared on
          progress. (Planning is not a 319 funded activity and will be funded as in-kind.)

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 Example 2 (CTUIR, 1995):

 Task 1:   Continue wellhead protection and farm-assist/home-assist programs.
 Output 1: Hold public meetings, provide technical assistance, update database. Incorporate
          groundwater monitoring data into database.

 Task 2:   Plan, develop, and implement watershed protection agreements and projects.
 Output 2: Development of an Implementation Plan to meet requirements of EPA, incorpo-
          rating any monitoring needs in a QA/QC plan for monitoring, developing project
          agreements, installing any structural elements of improvement projects,
          monitoring, and evaluation.

 Task 3:   Develop or obtain and provide public information and education on land use
          and water quality.
 Output 3: Follow through  on gaps identified by public in educational/informational
          materials/presentations. Propose or develop needed materials/presentations.
          Present program updates and other information in two public presentations,
          winter and spring 1996.
         Milestones

         Identify milestones for project implementation (e.g., start date, completion date,
         reporting dates). Milestones are listed as a schedule of events with due dates by
         which progress can be evaluated. Regions require that general milestones outlined
         in the nonpoint source management program be updated and made more specific
         for submittal in the work plan. Most Regions also require a form and/or criteria for
         evaluating satisfactory progress in developing and implementing 319  programs or
         activities  (USEPA, 1993c).
, Example 1 (GCPDD, 1995):

 Component

 Project start
 Develop and implement public outreach program
 Design site-specific stormwater management systems
 Evaluate project through monitoring
 Final report
Completion Date
3 months from start
5 months from start
11 months from start
12 months from start
 Example 2 (CTCR, 1995):

 Component
 1.  Monitoring (ongoing):
 2.  Implementation:
Completion Date

Quarterly
10/95
11/95
 3. Watershed plans:
                                                            12/31/94
                                                            12/31/94
                                                            12/31/95
                                                            12/31/95
                          Module Completion Document
                          Models Selected Software
                          Modeling Reports
6/1/95
9/1/95
10/15/95
Product

Quarterly
Data Report
Project Report

LaFleur Lake Project
Frosty Meadows Project
Gold Lake Project
Northstar Project

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        Budget

        The budget lists the estimated costs for project implementation. Include details
        such as staff years and funds, equipment, supplies, construction, contracts, and
        indirect costs. The budget must also fully document non-federal matching funds
        and other funds (non-matching) for the project. For the matching funds, identify
        the matching agency or in-kind contributors and amounts, as well as the staff years
        and budget (USEPA, 1995). Tables are an effective way to document the proposed
        budget.
example 1 (CTCR, 1995):

    Description                   319 Funding
    Personnel/Fringe               $X
    Travel/Training                 $X
    Lab Equipment/Facility          $X
    Monitoring/Implementation      $X
    Supplies/Materials             $X
    Utilities/Facilities               $X
    Indirect Costs                 $X
    TOTAL                       $X
        Tribal In-Kind
        $X
        $X
        $X
        $X
        $X
        $X
        $X
        $X
Example 2 (GCPDD, 1995):
    3J9(h) Funding

    Component
    Staff (X hours at $X/hour)
    Travel
    Laboratory fees
    Other direct costs
        Reproduction

    TOTAL 319(h) FUNDING

    Matching Funds

    Component
    Monitoring equipment
    Other direct costs
        Computer use
        Printing/Graphics

    TOTAL MATCHING FUNDS

    TOTAL FUNDING:
Cosl
$X
$x
$x

$x

$A
COS!
$X

$X
$x

$B

${A+B)

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         A brief description of the costs outlined in the budget table is often very helpful to
         the proposal reviewers.
Example (CTCR, 1995):

Direct Costs:
• Personnel
  Travel/Training
  Monitoring/Implementation
In-Kind Expenses:
• Personnel
  Lab Equipment Facility

  Utilities/Facilities
One field technician for implementation, monitoring
water quality, and tracking and repairing implementation
projects.
Travel directly related to implementation projects,
including on-reservation travel (vehicle expenses) and
possible training associated with implementation
projects.
Costs for labor, materials, and supplies associated with
water quality protection projects, the field monitoring of
those projects, and other nonpoint source monitoring.

Environmental Trust personnel associated with 319
project including hydrologist's time for modeling, water
resource technician's time for water monitoring, and lab
technician's time for water analysis (average cost for all
personnel $X/hour for X hours = $X).
Use of lab building and equipment ($X/month for X
months = $X).
The Environmental Trust will provide office space,
computers, software, phones, fax, and field sampling
equipment ($X/month  for X months = $X).

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X

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List off Contacts

EPA HEADQUARTERS
    Nonpoint Source Control Branch
    (4503F)
    401 M Street, SW
    Washington, DC 20460
    (202) 260-7105
   American Indian Environmental Office
   (4104)
   401 M Street, SW
   Washington, DC 20460
   (202) 260-7939


REGIONAL CONTACTS

   Region 1 (CT, ME, MA, NH, RI, VT) *'
   Nonpoint Source Coordinator   {
   John F. Kennedy Federal Building,,
   One Congress Street     x  '-
   Boston, MA 02203      / 7   ซ ~,
   (617)565-4426      /'>  "'" <':* ,*"
   Tribal Coordinator
   John F.  Kennedy Fedetal Bail
   One Congress Street x.    ''  '
   Boston, MA 02203<^-%:\
   (617) 565-3485     \
   Region 2 (NJ, NY, PR, VI)
   Nonpoint Source Coordinator
   Jacob K. Javits Federal  Building
   26 Federal Plaza
   New York, NY 10278
   (212) 637-3700

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Tribal Coordinator
Jacob K. Javits Federal Building
26 Federal Plaza
New York, NY 10278
(212) 637-3712

Region 3 (DE, DC, MD, PA, VA, WV)
Nonpoint Source Coordinator
841 Chestnut Building
Philadelphia, PA 19107
(215) 597-3429

Region 4 (AL, FL, GA, KY, MS, NC, SC, TN)
Nonpoint Source Coordinator
100 Alabama Street, SW
Atlanta, GA 30303
(404) 562-9345

Tribal Coordinator
100 Alabama Street, SW
Atlanta, GA 30303
(404) 562-9345

Region 5 (IL, IN, MI, MN,  OH, WI)
Nonpoint Source Coordinator
77 West Jackson Boulevard
Chicago, IL 60604-3507
(312) 886-0209

Tribal Coordinator
77 West Jackson Boulevard
Chicago, IL 60604-3507                <\: '  -;  ..
(312)353-6424                    ,--    ' , ':
                                     s   N^'j  -

Region 6 (AR, LA,  NM, OK, TX)  V';'-X  -^
Nonpoint Source Coordinator',,';v,    '-   'r,/;   '-
First  Interstate Bank Tower at Fountain Mac* K
1445 Ross Avenue, 12th Floor "~xf,    '"\S-\l
Suite 1200        _  \ - -'>./;   : -„ "
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Tribal Coordinator
726 Minnesota Avenue
Kansas City, KS  66101
(913) 551-7367

Region 8 (CO, -MT, ND, SD, UT,; WY)-
Nonpoint Source Coordinator
999 18th Street, Suite 500
Denver, CO 80202-2405
(303) 312-6236

Tribal Coordinator
999 18th Street,  Suite 500
Denver,  CO 80202-2405
(303) 312-6343

Region 9 (AZ, CA,  HI, NV, AS, GU)
Nonpoint Source Coordinator
75 Hawthorne Street
San Francisco, CA 94105
(415) 744-1990

Tribal Coordinator
75 Hawthorne Street
San Francisco, CA 94105
(415) 744-1607

Region 10 (AK, ID, OR, WA)
Nonpoint Source Coordinator
1200 Sixth Avenue
Seattle,  WA 98101
(206) 553-1601

Tribal Coordinator               /
1200  Sixth Avenue             >'
Seattle,  WA 98101
(206)553-1983          ,"•:,:,  '
                            V
                           ?, '! -•'
            \
                                  \ ,
                                   V -

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X

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CTCR. 1995.  Confederated Tribes of the Colville Reservation FY 95 Work Plan. Confed-
erated Tribes of the Colville Reservation, Washington.

CTUIR. 1994.  Non-point sources of water pollution assessment and management
plan: Umatilla River Basin. Confederated Tribes of the Umatilla Indian Reservation,
Umatilla, OR. August.                         j|v
                                           r *" "-
CTUIR. 1995.  Confederated Tribes of the UmatsSia Indian Reservation Work Program
for Clean Water Act Section 319 Grants: Prefect level proposal for fiscal year 1995
funding. Confederated Tribes of the UmatJlla.Indian Reservation, Umatilla, OR.
J      *-*                           V' '       S     v-, '
EBCI.  1993a. QuaZZa Reservation'section319(h).nonpoint^durce assessment report.
Prepared by Fish and Wildlife Associates, Inc. for Eastern Band of Cherokee Indians,
Tribal Environmental Office, Cherokee, NC. July. Cited in USEPA, 1994a.
EBCI.  1993b. QuallaRes^rvaMjv section 329(h} nonpoint source management
program. Prepared %3%li and Wildlife Associates, Inc. for Eastern Band of Chero-
kee Indians, Tribal ฃnvitdmB€ntal Office^ Cherokee, NC. July. Cited in USEPA,
1994a.    , ;'  -;.,,:'*:;ป^-.    '  •-'.;  }'
          \'   ' - "X:: -V'.  ->.
FPAST. 1993a, - Po?t Peck'"fribes*nonpoint source assessment plan. Fort Peck
Assiniboine and 'Stoax'Tribes^ Office of Environmental Protection, Popular, MT.
                 \  ••ฃ••   ",
                  N,- ' : ' '
FPAST. 1993b. Fort P^,Tribes nonpoint source management plan. Fort Peck
Assiniboine and Sioux Tribes, Popular, MT.

GCPDD. 1995. Development of an innovative stormwater management control for
urban  areas:  A 319(h)  grant proposal. Guilford County Planning and Development
Department, Guilford County, NC. May.

USEPA. 1987.  Nonpoint source guidance. U.S. Environmental Protection Agency,
Office  of Water and Office of Water Regulations and Standards, Washington, DC.
December.

-------
USEPA.  1993a. Guidance on the award and management of nonpoint source program
implementation grants under section 319(h) of the Clean Water Act for fiscal year 1994
and future years. U.S. Environmental Protection Agency, Office of Water, Washing-
ton, DC.

USEPA.- 1993b. Guidance-specifying management measures for sources of nonpoint
pollution in coastal waters. EPA 840-B-92-002. U.S. Environmental Protection
Agency, Office of Water, Washington, DC.

USEPA.  1993c. Working paper on regional nonpoint source guidance and supporting
tables for section 319(h).  U.S. Environmental Protection Agency, Office of Water,
Washington, DC. February.

USEPA.  1994a. A tribal guide to the section 319(h) nonpoint source grant program.
EPA 841-S-94-003. U.S. Environmental Protection Agency; Office of Water; Office of
Wetlands,  Oceans, and Watersheds; Assessment and Watershed Protection Division;
Nonpoint Source Control Branch, Washington,  DC. September.

USEPA.  1994b. Section 319(h) success stories. EPA 841-S-94-004.  U.S. Environmen-
tal Protection Agency; Office of Water; Office of Wetlands, Oceans, and Watersheds;
Assessment and Watershed Protection Division; Nonpoint Source Control Branch,
Washington, DC. November.

USEPA. 1994c.  Policy paper #4:  319(h) nonpoint source funding for Indian tribes.
U.S. Environmental Protection Agency, Region 8, Denver, CO. July.

USEPA.  1995. FY1996  regional guidance for grants awarded under section 319(h) of
the Clean Water Act.  Draft. U.S. Environmental Protection Agency;  Region 4, Atlanta,
GA. January.                              "'   *• •'  '
          3
                                    /?:  '',<•     \  - ••-• \
USEPA.  n.d. The financial assistance and program authorization handbook for Indian
tribes water quality planning and managemettprograms ofjhgtfean Water Act. U.S.
Environmental Protection Agency^JJekion 9,CSan Francisco, @A!.'
                             f,^,,,; -.->.   \. .!-  -
VTNRDEC. 1988a. Vermont nonpomtsourfxt^aiises&mmt report and phase I state clean
water strategy. Vermont -AgeacyvQf NSttซfe|t>R0otipfesf Department of Environmental

i VT. August.
Conservation,
VTNRDEC. 1988Br/Vem|?iit stafe,cJซm 'water strategy (phase I): Nonpoint source
                             Age'nfey 
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Know This  (title page)
This image represents the harmony of the natural world—a world
that stretches from the Turtle Island to the Eagle Spirit

Peeps  (repeating page element)
This image represents the harmony of working together to face the
possible and the unknown.

Sunrise  (page 1)
The whirling universe and the waters of creation are greeted by the
rising of the sun. The eagle is a sacred tribal symbol

Warning  (page 5)
The two ancient petrogfyph figures represent the time when all
people lived carefully and in balance with the natural creation. They
are helpers from the vast storehouse of ancestor knowledge
maintained by tribal cultures. The turtle is a central figure because
many tribal Americans call North America "the Turtk Island."

Rockwater  (page 19)
Based on old petrogfyphs, this image is a story about collecting and
understanding, as well as sharing, the rich experiences of a
responsible community life.

Three Moons   (page 29)
This image is a study in cooperation. Three tribal people move
forward, in the same direction, each carrying equal possibilities and
opportunities. They are guided by the eagle, here a symbol of
working for the good of all people and all of the creation.

Fish  (page 43)
Mutual dependence is the story of this image. The long trail of the
tribal ancestors and of the animal creation have merged into a
transformational figure. The "open hand" on this image symbolizes
an openness or willingness to work with others. The thunderbolt at
the top of the figure symbolizes the immediate and urgent nature of
pollution dangers.

Wetface   (page 47)
The old woman in charge of water is an ancient figure. It honors the
clan mothers of the tribal community as caretakers of the waters.

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Program Authorization Information

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EPA STATUTES WHICH HAVE BEEN AMENDED SPECIFICALLY TO ALLOW FOR
EPA AUTHORIZATION OF TRIBAL PROGRAMS:

      -  Safe Drinking Water Act, 1986
      -  Clean Water Act, 1987
      -  Clean Air Act, 1990

GAP-FELLING LEGISLATION:
      In several instances, EPA has reasoned that even though Congress hasn't specifically
      provided for Tribal assumption of certain environmental programs hi legislation, the
      Agency has the discretion to allow for Tribal programs. Two Acts where the opportunity
      to apply for environmental programs has been extended to Indian Tribes by this method
      are:

             - Resource Conservation and Recovery Act
             - Toxic Substance Control Act

OTHER LEGISLATION...
      hi addition, three other EPA statutes allow for a limited Tribal role similar to the State's
      role. These are:

             - Emergency Planning and Community Right to Know Act
             - Federal Insecticide, Fungicide and Rodenticide Act
             - Comprehensive Environmental Response, Compensation and Liability Act

TREATMENT IN THE SAME MANNER AS A STATE- ELIGIBILITY
REQUIREMENTS:
      As required by some statutes, EPA has established a process by which Tribes may
      "apply" for eligibility under various programs. The criteria are:

             - The Tribe must be federally-recognized.
             - The Tribe must have jurisdiction over the territory in question.
             - The Tribe must have or be able to exercise substantial governmental powers.
             - The Tribe must have the financial, physical and human resource capability to
                effectively implement a program.

WHAT IS THE "TAS SIMPLIFICATION RULE"?

      Under this rule, EPA eliminated the need to meet all four criteria each tune the Tribe
      applies for a program. Once aTribe has been deemed eligible for one EPA program, it
      need only establish that it has jurisdiction and capability for each subsequent program.
      If the Tribe does not have capability, it must have a plan for acquiring capability over
      tune.  This is required because each program requires different skills and activities
      necessary to provide protection that meets the requirements of the statues and regulations.

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Tribal Assessment Report

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FORT PECK TRIBES
    NON POINT SOURCE
    ASSESSMENT PLAN
        PIN
           Fort Peck
      Assiniboine and. Sioux Tribes
     Office of Environmental Protection
         605 Indian Avenue
         P.O. Box. 1027
        Poplar, Montana. 59255
         (406) 768-5155

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      FT. PECK TRIBES' NONPOINT SOURCE ASSESSMENT DOCUMENT


                        TABLE OF CONTENTS
1.0  INTRODUCTION

1.1  Overview        -                                  3
1.2  Contents of Indian Tribes Assessment Reports      4
2.0  ASSESSMENT METHODOLOGY

2.1  General Setting                                   5
   2.1.1  Landbase                                      5
   2.1.2  Social and Economic Conditions                6
   2.1.3  Reservation Waters                            6
   2.1.4  Nonpoint Source Programs                      6

2.2  Problem Statement                                 6
   2.2.1  Objectives                                    6
   2.2.2  Categories and Subcategories
         of Nonpoint Source Pollution                  7
   2.2.3  Method for conducting
         Nonpoint Source Assessment                    8

2.3  Goals and Objectives                              8.

2.4  Assessment Process .                               8


3.0  DISCUSSION OF RESULTS                             10

3.1  Reporting Format                                  10
     Figure 2  Drainage Map                             10

3.2  Reservation Waters Impacted by Nonpoint Sources
   3.2.1  Porcupine-Milk River Drainage                 13
   3.2.2  Little Porcupine-Wolf  Creek-
         Tule  Creek Drainage                           15
   3.2.3  Poplar River                                  17
   3.2.4  Big Muddy Drainage .                           19

3.3  Effects of Nonpoint Source Pollutants
   3.3.1  Fecal Coliform Bacteria                       21
   3.3.2  Nutrients                                     21
   3.3.3  Total Dissolved Solids                       21
   3.3.4  Sediment                                      22
   3.3.5  Natural                                       22
   3.3.6  Other                                        22

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3.4  Formulation of Best Management Practices          22
  3.4.1  Agriculture                                   23
  3.4.2  Construction                                  23
  3.4.3  Urban Run-off                                 24
  3.4.4  Resource  Extraction/
         Exploration/Development                       24
  3.4.5  Land Disposal                                 24
  3.4.6  Hydromodification                             24
  3.4.7  Other                                         24
4.0  CONCLUSION

4.1  How This Report Will Be Used                     . 25

4.2  Best Management Practices                         25
   4.2.1  Agriculture              .                     25
   4.2.2  Hydromodification                             26

5.0  APPENDIX

5.1 Tribal Government Resolution

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                         FORT  PECK TRIBES
                NONPOINT SOURCE ASSESSMENT REPORT
 1.0   INTRODUCTION
1.1  Overview

     The Federal Clean Water Act of  1987 established a new
direction  for  the control of water pollution.  Nonpoint source
pollution—pollution  from diffuse sources—was recognized as a
serious impediment  to meeting  the goals of  the Clean Water Act.
The Act status:

  "...it is the national  policy that  programs  for  the control
nonpoint sources pollution  be  developed and implemented in an
expeditious  so as to  enable the goals of this Act to be met
through the  control of both point and nonpoint sources of
pollution."


     In keeping with  this policy, the Clean Water Act was amended
to include a new Section 319 titled  Nonpoint  Source Management
Programs and Section  .518 which allows the administrator to
reserve up to  one-third  of  one percent of appropriations for
sections 319 (j),  (h) and  (i)  for Indian Tribes treated as
States.  These sections  provide the  legal basis for implementing
nonpoint source programs and sets forth certain requirements that
Indian Tribes  must  meet  to  qualify for assistance under the Act.
Section 319  includes  two items which must be  completed by Indian
Tribes in  order to  be considered for Section  319  and Section
518(f) grants  to control nonpoint source problems.  These are:

           Indian Tribe Assessment Report,
           Indian Tribe Management Program.


     The Assessment Report  is  intended to be  an analysis of
nonpornT~source water quality  problems. The  Management Program
jetlTTortn a process  for correcting  these prpblenis^for the
"Sssiniboihe  and Sioux Tribes of tne  b'ort Peck Reservation,
Montana, these two  items will  be produced separately but will be
considered together as the  basis for nonpoint source decision
making.  The remainder of this report will  be devoted to the
nonpoint source assessment. The Management Program will be
produced separately,  based  in  part of the findings of this
assessment report.

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1.2  Required Contents of Indian Tribes Assessment Report

Section 319 (a)  of the Clean Water Act is very specific in
describing what  needs to be included in Assessment Reports:

(a)  Indian Tribes Assessment Reports-

     (1)  Contents -- Each Indian Tribe shall prepare .and submit
     to the administrator for approval, a report which --

     {A)  identifies those navigable waters within the Reservation
     which, without additional action to control sources .of
     pollution,  cannot be reasonably by expected to attain or
     maintain applicable water quality standards or the goals and
     requirements of this Act:

     B) identifies those categories and subcategories of nonpoint
     sources or, where appropriate, particular nonpoint sources
     which add significant pollution to each portion of the
     navigable waters identified under subparagraph (A) in
     amounts which contribute to such portions not meeting such
     water quality standards or such goals and requirements.

     (C)   describes the process, including intergovernmental
     coordination, for identifying best management practices and
     measures to control each category and subcategory of
     nonpoint sources and where appropriate particular nonpoint
     sources identified under subparagraph (3) and to reduce, to
     the maximum extent practicable, the level of pollution
     resulting from such category, subcategory or source; and

     (D)   identifies and describes Indian Tribal, State and local
     programs for controlling pollution added from nonpoint
     sources to, and approving the quality of, each portion of
     the navigable waters, including but not limited to those
     programs which are receiving Federal assistance under
     sections (h) and (i).The requirements are clear.  The report
     must identify: waters on the Fort Peck Reservation which
     cannot or will not meet water quality standards, are not
     supporting beneficial uses, will not support these uses due
     to pollution from nonpoint sources; and the types of
     activities or specific sources which cause these problems.
     The report must also describe the Indian Tribe's process 'for
     identifying best management practices and the programs and
     sources of funding for controlling nonpoint sources of
     pollution.   The Tribe will use the State's Water Quality
     standards in the reports for assessing impacts to water
     quality from nonpoint source pollution.

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2.0  ASSESSMENT METHODOLOGY

2.1  General Setting

     Fort Peck Reservation is located in northeastern Montana's
glaciated plains and is bound by the Missouri River on the south,
the Milk River and Porcupine Creek to the west, Big Muddy Creek
on the east, and on the north by 48 degrees 38 minutes north
latitude.  Most boundary streams headwater in Canada, the
exception being the Missouri which headwaters in southwestern
Montana.  Only the streams located within the reservation and the
boundary streams are assessed.

2.1.1  Landbase

     Land use on the Ft. Peck Reservation is dominated by
agriculture, specifically cattle grazing and small grain dryland
farming.  Table 1 lists the land bases and land uses for the Fort
Peck Reservation.  The intensity of land use and its proximity to
water significantly influences the potential for 'nonpoint source
pollution.  Irrigated cropland which requires water, fertilizer,
and pesticides has greater potential for surface and groundwater
pollution than does rangeland which has few of these inputs.  In
contrast, mining has the potential to release far more toxic
compounds, relative to its land area, than does agriculture.
Table 1:  Fort Peck Reservation's land base and use

                       Land Base  (acres):
Trust and Allotted
Fee land
Large water areas
934,759 (45%)
1,158,140 (55%)
    419
Total                         2,093,318

Indian Land Use:  (Trust and Fee acres)
Rangeland
Cropland
Irrigated hayland
Irrigated grainland
Forestland
Low density urban
Rural transportation
Small water areas
1,157,298 (55%)
893,149  (43%)
19,013
4,831
21,300 (0.01%)
 3,633 (0.002%)
 7,508 (0.008%)
   419 (0.0002%)
Total                         2,093,318

(Bureau of Indian Affairs Land Status Rei

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                               FIGURE I
  FORT PECK INDIAN RESERVATION
                        CANADA
   PHILUPS
   COUNTY
                                           •
                                           i HIGHLAND COUNTY
                                          i
                           MC CONE COUNTY

                                     1=1
 LEGEND
 — Service Unit Boundary
 •ซ• County Lines
 E2Z Reservation
 * PHS Indian Health Center
 A BIA Agency
 O Towns
 Q Cities

>        25 Miles
50 Miles
                                                   MONTANA LOCATION MAP

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  I9F,   R40E   R4 IE   R42E
                FORT
R43E   R44E   R45E   R46E
PECK RESERVATION
  R47E   R48E   R49E    R50E
                                                                                R53E   R54E   R
                                                                                    SCALE  IN
                         GEUN I TS , STREA
R5IE   R52E   R53E   R54
R 5 5 E   R 5
\

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2.1.2  Social and Economic Conditions

     The Reservation's population consists of 52% Indian
population and 48% non Indian population.   Agriculture is the
primary economic activity for both sectors of the population
whether through production or agricultural land leasing.
However, as with most reservations,  unemployment is high and is
currently around 40%.  Most Indian farmers and ranchers must
supplement their income through off farm employment.  (1990
Census)


2.1.3  Reservation Waters

     Fort Peck Reservation is located  in the Lower Missouri River
Basin.  Seven streams transverse the Reservation in a
northwesterly to southeasterly direction,  and all drain into the
Missouri River.  For purposes of the assessment, the Tribal
Council has decided to use a stream by stream approach.  The
streams are within four major drainages which will be assessed
are the Porcupine-Milk River, Little Porcupine-Wolf Creek-Tule
Creek, Poplar Drainage, and Big Muddy  Drainage.


2.1.4  Nonooint Source Programs

     Currently, no Tribal programs exist to deal with nonpoint
source pollution problems.  The State  of Montana does administer
a program for the State, however, match requirements are quite
high which prohibits most tribes from applying.  Therefore, the
purpose of this effort is to establish a funded nonpoint source
management program for the Reservation.
2.2  Problem Statement

2.2.1  Qb-iectives

     The objective of Section 319 is to improve water quality and
restore impaired uses in waters affected by nonpoint source
pollution.  In order to insure consistency among the Indian
Tribes, the Environmental Protection Agency (EPA) has provided
the following definition of nonpoint source pollution.

     Nonpoint Source (NPS) Pollution:  NPS pollution is causes by
diffused sources that are not regulated as point sources .and
normally is associated with agricultural, silvicultural and urban
runoff, runoff from construction activities, etc.  Such pollution
results in the human-made or human-induced alteration of the
chemical, physical, biological, and radiological integrity of

-------
water.  In practical terms, nonpoint source pollution does not
result from a discharge at a specific,  single location (such as
single pipe) but generally results from land runoff,
precipitation, atmospheric deposition,  or percolation.  Pollution
from nonpoint sources occurs when the rate at which pollutant
materials entering waterbodies or groundwater exceeds natural
levels.


2.2.2  Categories and Subcateaories of NonDqint Source

     The Assiniboine and Sioux Tribes of the Fort Peck
Reservation have assembled existing information on water quality
impacts caused by sources of pollution.'  The effort was patterned
after the findings compiled and published by Association of State
and Interstate Water Pollution Control Agencies (ASIWPCA) in
1985. Table 2 summarizes the nonpoint source impacts to the
reservation's surface waters by source categories published in
1985 by ASIWPCA.

     Careful interpretation of Table 2 is necessary to understand
the relative contributions of each source category to reservation
wide nonpoint source impacts.  For example, stream miles of
impacted.streams does not reflect the actual volume of water
impaired due to variations in stream channel morphology, volumes,
and velocity.  When total land area devoted to a particular use
is contrasted with the extent of impacted waters on those lands,
the following relative impacts by source category can be more
accurately compared:  agricultural 98%; oil and gas 1.5%; land
disposal 0%; hydromodification 0.25%; and communities and septic
systems 0.25%.


Table 2.  Summary of Source categories adjoining streams
     and/or lakes and reservoirs. *
     Source Category
     Agriculture
     Mining
     Land Disposal
     Hydromodification
     Urban Runoff
     Construction
     Other
Streams   Lakes & Reservoirs
(Miles)   (Acres)

640            419
0              0
0              0
10             0
0              0
10             0
10             0
     Totals                   670            419

      (* BIA Land Status Report 1991, and Fort Peck Tribes OEP)

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2.2.3  Method for Conducting Nonooint Source Assessment

     This assessment draws upon the experience and expertise of
many agencies,  individuals and -programs.   As a result, many
different levels of information have been used in the preparation
of the report.   These sources of information may vary, from
ambient water quality monitoring data to "best professional
judgement", and are identified as such in the text as both
monitored and/or evaluated.

In its guidance for preparing the nonpoint source assessment
report, EPA recognizes this situation and defines two levels of
assessment:


     11 : ... two levels of assessment  reflecting conclusions based
     on ambient monitoring data and conclusions based on other
     information.  One level is "monitored" waters in which the
     assessment is based on current site-specific ambient data.
     The other level is "evaluated" waters in which the
     assessment is based on information other than current site-
     specific ambient data, such as data on sources of pollution,
     predictive modeling,  fishery surveys, and ambient data which
     is older than five years. In the NFS area, best professional
     judgement and various evaluation techniques will play an
     important role . "


2.3  Goals and Objectives

     The goal of this process is to establish a 319 program on
the Fort Peck Assiniboine and Sioux Reservation which requires an
assessment and a management plan.

     The objective of this assessment is to identify waterbodies
whose  uses have been or are likely to be impaired  (threatened) by
nonpoint sources of pollution without implementing alternate
management practices.  Indian Tribal Government on the Fort Peck
Reservation considers beneficial uses of water as those defined
and which are protected by adopted  water law in Montana.  These
uses include classifications and water quality standards.  If
these  standards are exceeded, it is assumed that beneficial uses
are impaired.


2.4  Assessment Process

     This report has been produced by assembling data_ฃrQm many
sources of information including IndiafPl'ribal^ovg^iinen.t
               and Federal Government reporT5mง5HTindividuals
               bout 1ocal_ water quality conditions.   Included in
 this list is the water quality management  r^Ub) plans, water

                                8

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quality assessment 305 (b) reports, Section 106 water quality
reports,  Montana NFS Assessment reports, the 1985 Association of
State and Interstate Water Pollution Control Administrators
(ASIWPCA) Nonpoint Source Assessment Report, and additional
supporting records for the Fort Peck Reservation.  In addition
the professional judgement of water quality and land management
professionals has also been used.

     In 1991, the Fort JPegkJTribes initiated biological sampling
for macroinvertebrates and fisheries using Rapid Bioassessment
Protocols II and V under an EPA approved quality assurance plan.
Fifteen sites across the Reservation are sampled at least once
per year for biological information.  In addition, physical
measurements are also taken at this time.  Since 1979, the Tribes
have measured the seven major streams quarterly for major cations
and anions, total dissolved solids, metals, pH, and specific
conductivity.

     Through intensive biological testing, the Tribes have
developed a reference condition which is specific for the
Reservation ecosystem.  This reference condition allows the
Tribes to compare biological information from the 15 sites and
rank sections of streams from unimpaired to severely impaired.
Rapid bioassessment also involves evaluating the riparian
vegetation and surrounding land area which may be impacting the
water quality.  The^Tribes are also using a Non Point Source
       Reach Assessment torm to evaluate surfounding~talTa~use
                   ~~
which may be impact~~stream water quality.  The NFS Stream Reach
Assessment, developed by the state of Tfohtana Water Quality
Bureau, is used to evaluate impacts to a watershed from non point
sources of pollution.

     All data is collected according the Fort Peck Tribes Quality
Assurance Project Plan which has been approved by EPA.  This QAPP
assures that data collected will adhere to the data quality-
objectives delineated by the Tribes.  All biological, physical,
and chemical water quality parameters are discussed in this
document .

     Approximately 331 miles of streams were assessed for
impairment from NPS pollution on the Fort Peck Reservation.
Sixteen streams were found to have moderate or severe impairment.
Approximately 30 miles were considered severely  impaired and 281
miles were listed as moderately impaired.  Evaluative techniques
inrVnrip moni 1-oring, prgrH <-t- -j.ve modeling, fishery SUTV^Vbi, CJfTZen
complaints, professional judgement and ambient data more than
five years oldr                                            "*


     Information generated in this manner gives  us an idea of  the
magnitude of water quality problems caused by nonpoint sources.
This data is entered into the Tribal waterbody tracking system on

-------
an individual stream reach basis, and is updated as data  becomes
available.  Individual streams and stream reaches can  then be
compared and evaluated and priorities set for stream improvement
projects and for the collection of additional monitoring  data.
This report will be updated every four years.

     For some pollutants, like metals, sediment, and nutrients,
there are no numerical state standards.  For those waters with
ambient data, they have been compared wiฃh__a water quality
criteriamatrix  (Table 3) to help determine~~whether "Beneficial
uises afe~lmpaired;  fChjjL matrix_j.ncludes criteria" values^ f or
           for which iLfrpTP xre> no~nrifflgr ii^l ^]^4jjjlarTig^  Where
                                                              _
neither numerical standards nor criteria nor water quality djata
exฑsFT~the assessment must be subjective and based on  the     "*
judgement of water quality management professionals^-
 r  -- . - - — --- —  • '   '      ~


     Because the Tribes have not adopted water quality standards
for the Reservation, the Montana Water Quality standards  were
                        qiia^TEv~lmpairmejit .  Montana nas
                  on the Reservation but does not  en~ft5rce~-the
standards within the exterior ftoundaZJgS";—The Tribes  have	
reviewed the classifications and generally are in  agreement with
the classifications which are mostly C3 and B2 streams,  warm
water aquatic life.  The Montana Water Quality Criteria  Matrix
allowed the Tribes to evaluate chemical and physical data
collected over the past five years for exceedences of  Montana's
water quality standards.
3.0  DISCUSSION OF RESULTS


3.1  Reporting format

     The assessment information is organized by  four major
drainages within which there are 17 identified streams or stream
segments on the Fort Peck Reservation.  For each basin the
assessment information is presented in tabular fashion.  The
tables list the following information: name of stream, miles of
stream, pollutant or cause of impairment^source category,source
supcategsry, specific source  (iricnown), proDiem severity and~-
metgog^ot agse"55ineTit^ "Generally, only waterboaies  witn motteTate
 (M) or severe  is; impairment are listed.   Only those waterbodies
are listed which have impacts that are predominantly man-caused
and not natural.
                                10

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STREAM BASINS  FORT
                                                       NDIAN RESERVATION
PORCUPINE-MILK
   MAINME

-------
                              Table 3:   STATE OF  MONTANA WATER QUALITY CRITERIA MATRIX
                                             (criteria  values  in mg/L unless otherwise noted.)
Vvlablw

Dissolved Oyygen
Fecal Cclifonas
 (1/100 ml)
Nitrite as N
Nitrate as H
Nitrite and Nitrate aa N
Total Alnnonia
Unionized Ammonia
Total Inorganic N***
Total Phosphorus*••
Total Diaaolved Solids
Conductance (microtnhoa/cro)
Turb-dity (KTU)
Total Suspended Sediment
Chloride
Sulfnta
Cyanide
Sodium
Sodium Adsorption Ratio
Fluoride
Arsenic
Barium
Boron
Chromium VI
Iron
Manganese
Selenium
Mercury
Temperature (C)
Temperature (P)
Copper*•
Lead**
Zinc"*
Cadmium**
Chromium III'*
Nickol**
Silver**
pH (minimum)
pH (naximum)
 •1

7.0


O.OS
 •2

5.0


O.OS
•3
                                  i.o
                                  10.0
                                  10.0
                                  0.5
•4
                  200
0.03
1.00
0.10

10



0.022

0.44

0.021
1.0

0.26
0.004
67.0
.0012
.003
.110
0.003
4.7
1.8
0.004
6.5
B. 5
0.03
1.00
0.10

50
30


0.022

0.44

.0.021
1.0

0.26
0.004
80.0
0.012
.003
.110
0.003
4.7
i.a
0.004
6.5
9.0



500

90
250
250
0.2
2.4
0.05
1.00
O.OS
0.3
O.OS
0.01
0.002

1.0
0.05
5.0
0.01
17.8
0.015
O.OS
6.5
8.5


01.0
1200





















6.5
8.5
                                                                      1000
                                                                      1800
                                                                     2.0
                                                                     4.5
                                                                     9.0
                                                                    10.0

                                                                      100
160
5.0
15.0
0.10
0.75
1.00
20.0
10.0
0.02

S.O
10.0
10.0
0.05


2.0
0.2
5.0



0.5
.01
0.5
0.1
25.0
0.05
" Beneficial Uses: 1 -- cold water aquatic life; 2--warm water aquatic life; 3--public water supplies;  4—primary contact recreation;  S — Irrigation;
6 -- livestock watering.
•* Specific criteria for the protection of aquatic life are based on water hardness. Criteria values given arป baaed on • water hardness of 100ng/L.
•** streancriteria
                                                                             11

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     Under "Method,"  an "M" stands for "Monitored" and an "E"
stands for "Evaluated".  (See Section 2.3 Method for Conducting
the Nonpoint Source Assessment.)   When information was not known
the appropriate space in the table was left blank.

     Biological data is presented in narrative form.  Using the
raw macroinvertebrate data, a numerical value is calculated for
each metric.  These calculated values are then compared to the
reference condition for each metric.  The biological condition
scores for the weighted metrics are summed and compared to the
total biological condition score of the site with the highest
score (reference condition).

     A ratio of the study site to the reference site yields a
percentage.  This  percentage is termed the biological condition
value (BCV).  The value provides a final evaluation of the
biological condition or biological condition value.  Based on the
BCV, the study site is assigned one of three biological condition
categories:  nonimpaired, moderately impaired, and severely
impaired.


Table 4:  Rapid Bioassessment Protocol II


Score                    Category

>79%                     Non-impaired .

Comparable to the best situation to be expected within an
ecoregion. Balanced trophic structure.  Optimum community
structure  (composition and dominance) for stream size and habitat
quality.


Score                    Category

29-72%                   Moderately impaired

Fewer species due to loss of most intolerant  forms. Reduction in
EPT index.
Score                    Category

< 21%                    Severely Impaired

Few species present.  If high densities of organisms, then
dominated by one or two taxa.  Only tolerant organisms present
                                12

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Habitat parameters were evaluated and ratings are assigned values
which are then totaled for each site and compared to the total
possible point value to provide a habitat impairment value.  This
percent comparison is used to rank the study site supportability
of biological communities.  A mean percent impairment value was
calculated.  This mean is then used to designate a final site
supportability or impairment ranking.

     Impairment ranking includes:  Full support; full support,
but threatened; partial support;  and non support.  Moderate,
severe, and threatened categories are described below.

Moderate   -  some interference with designated uses from
nonpoint source pollution, but use is not precluded.

Severe     -  designated use is precluded because of nonpoint
pollution.

Threatened -  currently meets designated uses but data or
assessment information indicate an existing or potential downward
trend in quality that, in the absence of additional management,
will lead to impairment of designated uses within the next five
years.


3.2  Reservation Waters Impacted Bv Nonpoint Sources

3.2.1  PORCUPINE-MILK RIVER DRAINAGE

     The Porcupine-Milk River Drainage is located on the west
side of the reservation.  The Porcupine is a C-3 classification.
Waters classified C-3 are suitable for bathing, swimming and
recreation, growth and propagation of non-salmpnid fishes and
associated aquatic life, waterfowl and furbearers.  The quality
of these waters is naturally marginal for drinking, culinary and
food processing purposes, agriculture and industrial water
supply.  The existing land uses are predominantly rangeland,
dryland crop agriculture and limited irrigated lands.  The
dryland crop agriculture is characterized by strip fallow
operations and associated saline seeps common to the northern
great plains.

     Land ownership is a mix of fee title, allotted, trust and
tribal lands.

     Biological Condition Values  (BCV) over the past three years
for this drainage range from 23  (severe) to 50  (moderate) .  The
habitat impairment values on the Porcupine range from 62 to 88
out of total score of 100.  The supportability rating ranges from
partial support to full support over the past three years.  Some
sections rated full support but threatened.

                                13

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                                       Table 5: Porcupine - Milk River Drainage
WaterbQdv
Stream UllM
Pollutant or
Cause
Source
Category
Subspedflc
Source
Severity
Method
Porcupine/       12
Sargent Creek
             Total NH3       Agri
             B, Fe, Na, P     Other
             SpCond
                            Grazing
                            Streambank erosion
                            Road
                            Natural
                                    Mod
Porcupine/
Lower Fork
32
Temp
SpCond
Agri        Grazing
other       Streambank erosion
            Natural
                                                    Mod
Porcup:.ne/       6
Middle Fork cont.
             Temp
                Agri
            Irrigation              Mod
            Other                   Grazing
            Streambank erosion
            Natural
* B-Boron, Fe-Iron, Na-Sodium, P-Phosphorus, SpCond-Specific Conductivity
                                                        14

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3.2.2   LITTLE PORCUPINE-WOLF CREEK-TULE CREEK DRAINAGE

   The Little Porcupine-Wolf  Creek-Tule  Creek Drainage is
contained within the west-central portion of the reservation.
The Little Porcupine and Tule Creek drainages are a C-3
classification.   Waters classified C-3  are suitable for bathing,
swimming and recreation,  growth and propagation of non-salmonid
fishes and associated aquatic life,  waterfowl and furbearers.
The quality of these waters is naturally marginal for drinking,
culinary and food processing purposes,  agriculture and industrial
water supply.

   Wolf Creek drainage is classified as  a B-2 stream.   A B-2
classified water is suitable for drinking, culinary and food
processing purposes, after conventional treatment; bathing,
swimming and recreation;  growth and marginal propagation of
salmonid fishes and associated aquatic  life, waterfowl and
furbearers; and agricultural and industrial water supply.  Wolf
creek is one of two salmonid fisheries  on the Reservation and is
therefore a high priority water for the Tribes.
                       s
   Biological Condition values for the  Little Porcupine and Tule
Creek drainages range from 15 to 58.  Little Porcupine has severe
impairment of the biological community  while the Tule Creek
drainage is moderately impaired.  Habitat impairment values for
Little Porcupine and Tule Creek range from 54 to 87 for 1991-1993
field investigations.  Supportability ratings for these two
drainages over the same period range from non support on the
Little Porcupine to full support on Tule.  Supportability
increased during the past year due to increased precipitation
across the Reservation.

   Wolf Creek's biological condition value for 1991-1993 ranged
from 46 in 1991 to 38 in 1993, which is a moderately impaired
condition category.  Habitat impairment values were 73 and 80 in
1991 and 1992 giving the creek a full support but threatened
rating.  In 1993, the impairment value was 90, a full support
rating.

   The largest urban center on the reservation is located at the
confluence of the drainage and the Missouri River.  Other land
uses include dryland,irrigated farming and rangeland.
Predominate use is rangeland.  Land ownership is a combination of
fee title, allotted, trust, and tribal  lands.
                                15

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                               Table 6:  Little Porcupine - Wolf Creek - Tute Creek Drainage
Waterbodv
             Pollutant or
Stream Mites    Cause
                Source
                Category
            Subspeclfic
            Source
                        Severity
Little
Porcupine/
Tomato Can
12
B. Cd,  Pb, Fe,
Na, P,  Mn, pH,
Temp
Agri
Grazing
Other
Mod
Natural
M
Little
Porcupine/
Upper
30
pH, DO, Temp
Agri        Grazing
Other       Streambank erosion
            Natural
                        Sev
             M
Wolf Cr.
14
B, Pb, Mn, Na,   Agri
P, Temp,        Other
SpCond
            Grazing
            Streambank erosion
            Natural
                        Mod
            M
Tule Cr.
34
NH3-N, Cd, Mn,   Agri
Na, P,  SpCond   Other
            Grazing
            Natural
            Bridge
                        Mod
*B-Boron, Cd-Cadmium, Pb-Lead, Fe-Iron, Na-Sodium, P-Phosphorus
MN-Manganese, DO-Dissolved Oxygen, SpCond-Specific Conductivity, NH3-N-Ammonia
                                                       16

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3.2.3 POPLAR DRAINAGE

     The Poplar drainage,  classified as a B-2  water,  is contained
within the east-central portion of the reservation.  A B-2
classified water is suitable for drinking,  culinary and food
processing purposes,  after conventional treatment;  bathing,
swimming and recreation; growth and marginal propagation of
salmonid fishes and associated.aquatic life, waterfowl and
furbearers; and agricultural and industrial water supply.  The
Poplar River is one of two salmonid fisheries  on the Reservation
and is therefore a high priority water for the Tribes.

     Biological Condition Values for the Poplar River range from
23 in 1991 to 81 in 1993.   Five sites on the Poplar are assessed
for biological condition values.  Generally,  the Poplar River is
moderately impaired.   Habitat impairment values range from 64 to
79, partially supporting to full support threatened status.

      A major urban area is located at the mouth of the drainage.
Other land uses include dryland and irrigated farming, and
grazing livestock.  Rangeland is predominant.

     Land ownership is a mix of fee title,  allotted,  trust, and
tribal lands.
                                17

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                                             Table 7: Poplar Drainage
                             Pollutant or
                 Stream lilies    Causa
                            Source
                            Category
                            Subspecific
                            Source
                                   Severity
                                   UaJhad
Poplar/
West Fork
20
Temp
Agri
Other
Grazing
Natural
M
Poplar/
East Fork
            DO, SpCond
                Agri
                Other
            Grazing
            Natural
                                   M
Poplar/'
Give Out
Morgan Creek
10
Sediment
Agri        Grazing
Construction
Other       streambank erosion
            Natural
                       Mod
                       Roads
M
Poplar/
Long Creek
10
Temp
Sediment
Agri        Grazing
Other       Dryland Crops
            Streambank erosion
            Natrual
                                                   Mod
                                   M
Poplar/
Lower
58
Fe, Pb, Mn,      Agri        Grazing
B, NO, NO2,      Res. Extrac.
Na, P, pH,       Other       Petroleum (East Poplar
SpCond                      Oilfield Unit)
                            Natural
                                   Mod         M
                                   Dryland Crops
* DO - Dissolved Oxygen, SpCond - Specific Conductivity, Fe - Iron, Pb - Lead, Mn - Manganese, B - Boron, NO - Nitrous
Oxide,
NO2 - Nitrite, Na - Sodium, P - Phosphorus
                                                       18

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3.2.4  BIG MUDDY DRAINAGE

   The Big Muddy Drainage is  the  eastern border of  the
reservation.   The Big Muddy drainage waters are a C-3
classification.   Waters classified C-3  are suitable for bathing,
swimming and recreation,  growth and propagation of non-salmonid
fishes and associated aquatic life,  waterfowl and furbearers.
The quality of these waters is naturally marginal for drinking,
culinary and food processing  purposes,  agriculture and industrial
water supply. Land uses include dryland and irrigation farming,
and grazing livestock.  Rangeland predominates the area.

   Biological Condition Values for Big  Muddy and Smoke Creek
range from 12 to 62, severely impaired  to  moderately impaired.
Big Muddy is severely impaired at two of three monitoring
stations.  Smoke Creek is moderately impaired and has the highest
Biological Condition Value.  Habitat impairment values range from
52 to 83, with the Big Muddy  again scoring lower than Smoke
Creek.  The Big Muddy supportability rankings range form non
supporting to full support threatened,  while Smoke Creek has a
full support threatened ranking.
                                19

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                                           Table 8: Big Muddy Drainage

Watarbody
Smoke Creek



Big Muddy/
Other





Big Muddy/
Wolf Creek




Big Muddy/
Lake Creek


Pollutant or
Stream Miles Cause
40 NH-N, Fe,
Pb, B, Temp
SpCond

8 SpCond
Temp, pH
Sediment




32 Sediment
pH, Temp,
SpCond,
Other


4 NH3-N, Cd
B, Fe, Mn,
P, Na, pH,
DO, SpCond
Source
Category
Agri
Other


Agri
Hydromod
Land disp
Const
Other


Agri
Hydromod
Const



Agri
Other


Subspecific
Source
Grazing
Dryland Crops
Irrigation
Natural
Grazing
Dryland Crops
Irrigation
Channel i zat ion
Bridge
Wastewater
Natural
Grazing
Roads
Streambank erosion
Channelization
Irrigation
Natural
Grazing
Dryland
Irrigation
Streambank erosion
                                                                                Severity
                                                                               Mod
Uejfafid
                                                                               Mod
                                                                               Mod
                                                                               Mod
M
M
M
                                                        Natural




* NH3-N-Ammonia-Nitrogen, Fe-Iron,  Pb-Lead, B-Boron, SpCond-Specific Conductivity, Cd-Cadmium, Mn-Manganese
                                                      20

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3.3  Effects of Nonpoint  Source Pollutants


3.3.1  Fecal Coliform Bacteria

   Fecal coliform bacteria are found in the intestines of warm
blooded animals.  Their presence in waters indicates that
pathogenic organisms may  also be present.   They are most commonly
associated with failing septic tanks and drain fields from
individual sewage disposal systems,  agricultural feedlots,  and
grazing animals.  Grazing units generally follow surfaces water
sources on the Reservation.   Most units lack range management
plans and, therefore, provide no protection of water sources from
fecal coliforms.


3.3.2  Nutrients

   The nonpoint  source nutrients of concern on Fort  Peck
Reservation are nitrogen  and phosphorus.   They originate from
fertilizers, animal and human wastes,  urban runoff, and natural
sources.  Nutrients may stimulate excessive growth of algae in
rivers or nuisance aquatic weeds in lakes and reservoirs,
rendering water aesthetically unattractive or unsuitable for
recreation.  Excess nitrate in drinking water may cause
methemoglobinemia or "blue baby syndrome" in infants.  Grazing
and farming practices on  the Reservation contribute to increased
nutrient levels.  Ground  water has been impacted by nitrates,
however, the technological assessment capabilities currently are
unable to verify a nonpoint source connection.


3.3.3  Total Dissolved Solids

   Total dissolved  solids  (salts or  salinity)  are  of concern in
semi-arid areas when water is used consumptively
 (evapotranspired).  Application of irrigation water to saline
soils leaches salts back to rivers, thereby increasing salinity.
Transpiration by plants and evaporation from open water surfaces
further concentrates salts.  In dryland farming areas, saline
seeps have contaminated and diminished the usefulness of ground
and surface water.  Excess salts impair water for drinking,
irrigation, livestock watering and other uses.  Also, increased
chloride loadings have been documented in the Poplar River  as  it
flows through the East Poplar Oilfield.  Contaminated groundwater
has been linked to these increased loadings.
                                21

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3.3.4  Sediment

  Sediment affects more river miles than any other pollutant on
the Fort Peck Reservation.   Human activity, including tilling,
irrigation,  grazing,  construction, urbanization, and forestry
practices, accelerates natural sediment production.  Excess
sediment interferes with water treatment,  irrigation, fish
spawning and rearing,  .and the production of fish food organisms
in streams.   Other pollutants,  such as nutrients and metals, may
be absorbed on sediment particles and transported by them into
and through aquatic systems.


3.3.5  Natural

  In the  geological past, Fort Peck Reservation was  inundated by
inland seas several times.   The resulting high concentrations of
salts continue to be a biological productivity constraint.
Saline seeps and sodic soils tend to be a problem in this semi-
arid region.   Another consideration is that the lacustrine soil
deposits have high susceptibility to wind and water erosion.  All
of these require special management.

3.3.6  Other

  Other toxic  chemicals besides metals may  cause problems  in
Fort Peck Reservation waters and for off-stream water users.
These include arsenic, creosote,  pentachlorophenol, and
pesticides.   Acids (e.g.,  sulfuric acid)  are often associated
with drainage from abandoned coal.  Water temperatures that are
too high for fish and aquatic life are often associated with
streams that are partially dewatered in summer or streams from
which riparian bank vegetation has been removed.  Stream bank and
channel alterations and flow alterations (dewatering) also reduce
the amount of habitat available to fish and aquatic life.
Organic compounds, sewage sludge for example, sometimes collect
on stream bottoms and contribute to depletion of dissolved oxygen
in the water.
3.4  Formulation of Best Management Practices

  Tribal Council procedure provides public  participation  and
public comment.  A resolution  (See Appendix A) authorizes
submittal of the Assessment Plan to other Federal agencies.
Section 319 of the Federal Clean Water Act requires each  tribe to
describe tribal and local programs for controlling pollution from
nonpoint sources.  There are numerous programs, administered by a
variety of agencies, which aim to control nonpoint source
pollution.  County conservation districts are designated  the
nonpoint source management agencies for non-federal lands.  The
program is intended -to encourage adoption and implementation of

                                22

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best management practices (BMPs).   Technical assistance,
education, demonstration projects,  and financial assistance are
used to implement BMPs.

  The U.S. Department  of Agriculture cost-share programs offer
financial incentives for implementation of BMPs on agricultural
lands on the Fort Peck Reservation.  The Corps of Engineers 404
Dredge and Fill Permit Program controls nonpoint source pollution
resulting from hydromodification activities.  The Montana
Salinity Control Association,  a consortium of conservation
districts in dryland farming areas, provides educational and
technical assistance to implement agricultural management
practices to control saline seep.   The Superfund program
administered by the Environmental Protection Agency offers the
potential for correcting nonpoint pollution problems related to
toxic and hazardous waste sites,  including some abandoned mine
waste problems.

  The Tribal Water  Resource Control Commission conducts water-
quality monitoring,  assesses and prioritizes nonpoint and point
source problems, develops solutions,  and provides management of
these problems.  A priority list is kept of stream segments and
lakes that have assessed, man-caused water quality problems.  The
list is used to focus and conserve limited management resources.

  The following categories and subcategories  of nonpoint sources
have been designated by EPA and used in this report.  All but
Silviculture, have to some extent caused impairment of  Fort Peck
Reservation waters.


3.4.1  Agriculture

  Non-irrigated crop production
  Irrigated  crop production
  Specialty  crop production  (e.g.,truck  farming,or  orchards)
  Pasture land (Grazing)
  Feedlots - all types
  Aquaculture
  Animal  holding/management areas
  Rangeland  (Grazing)
  Streambank erosion

3.4.2  Construction

  Highway/road/bridge
  Land  Development
  Streambank erosion
                                23

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3.4.3  Urban Runoff

  Storm sewers
  Combined sewers
  Surface runoff
  Streambank erosion
3.4.4  Resource Extraction/Exploration/development

  Surface mining
  Subsurface mining
  Petroleum activities
  Streambank erosion
3.4.5  Land Disposal (runoff/leachate from permitted areas)

  Sludge
  Wastewater
  Landfills
  Industrial  land treatment
  On-site wastewater systems  (septic  tanks, etc)
  Hazardous waste
3.4.6  Hvdromodification

  Channelization
  Dredging
  Dam construction/operation
  Flow regulation/modification
  Streambank  erosion
  Removal of  riparian vegetation
  Bridge construction
  Streambank  modification/destabilization

3.4.7  Other

  Atmospheric deposition
  Waste storage/storage tank  leaks
  Highway maintenance and runoff
  Spills
  Natural
                                24

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4.0  CONCLUSIONS

4.1  How This Report Will Be Used

  The Assinibpine and Sioux Tribes are working to correct and
prevent nonpoint source problems on the Reservation,  but much
needs to be done.   Solutions are often complex and difficult to
develop and expensive to implement.  Improved landowner
cooperation and agency coordination and additional funding and
technical assistance are needed to correct the priority nonpoint
source problems.

  A much more detailed description of nonpoint source control
programs on the Reservation will be included in the Fort Peck
Reservation's nonpoint source management plan, which is also
required under Section 319 of the Federal Clean Water Act.

4.2.   Best Management Practices

  Categories, subcategories and specific  sources of nonpoint
pollution of Fort Peck Reservation are listed in Table 4 of this
report, Section 319 of the Federal Clean Water Act requires each
tribe to describe its process for identifying the measures it
will use to control these categories, subcategories and sources.

  Four  nonpoint source categories  are responsible for a
significant fraction of the threatened or impaired waterbodies on
the reservation:  agriculture, hydromodification, mining, and
land disposal.  Active mining, land disposal, and
hydromodification activities are regulated under various
ordinances administered by the Tribal Council.  Best Management
Practices  (BMPs) have been developed and are identified in the
Fort Peck Non-point Source Management Plan.

  Fort  Peck's Section 319 program  will  emphasize agriculture.
The process for identifying BMPs for this category will consist
of adopting USDA-Soil Conservation Service Field Office Technical
Guide standards.
4.2.1  Agriculture

   The BMPs  selected  from the SCS  standards and  specification are
currently in use by a majority of the producers on the
reservation (Table 4).  Additional BMPs addressing pesticide
application, fertilizer management and streambank stabilization
may need to be added.

   One or more  BMPs known as a  resource management  system will be
selected for each land use within a targeted watershed.   Proper
application of a resource management system will insure  the NPS

                                25

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pollution is minimized.  Cooperation agencies will develop new
BMPs if appropriate ones do not exist to solve a specific
problem.

  Utilization  of  agricultural  BMPs  for  nonpoint  source water
pollution control on Fort Peck is voluntary.  Success in solving
nonpoint source pollution problems has been limited primarily to
smaller streams and projects.

  Cost-share programs  are available to  help pay  the  cost of.
applying BMPs, but in most cases ranchers and farmers are unable
to provide matching funds.  319 program provides incentives to
help farmers and ranchers implement BMP's.  In cases of need,
Tribal sources may be used to augment implementation of BMP's.


4.2.2  Hydromodification

  Best  Management practices  for hydrologic  and habitat
modification often relate directly  to other categories of
-nonpoint source pollution.  For example, grazing practices may
impact stream hydrology by changing seasonal flow patterns and
water yield.  Agricultural activities may involve placement of
irrigation diversions in streams.   The majority of
hydromodification activities on Fort Peck are regulated under
tribal ordinance and/or Section 404 permits.
                                26

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Table 9:  Agricultural Bast Management Practices
Practice Nam*                          SCS               Agrlcultral
                                    Code              Subcategory *
Access Road                          560                1,2,3
Bedding                              310                2,3
Channel vegetation                   322                2
Chiseling and subsoiling              324                1,2,3
Clearing and snagging                 326                1,2,3,4
Conservation cropping
 sequence                            328                2,3
Conservation tillage                 329                2,3
Contour Fanning                      330                2,3
Cover and green manure crop           340                2,3
Critical area planting               342                1,2,3,4
Crop residue use                      344                2,3
Dam, floodwater retarding             402                1,2,3,4
Dike                                 356                1,2,3,4
Diversion                            362                1,2,3,4
Emergency tillage                    365                2,3
Farmstead and f eedlot
 windbreak                           380                4
Fencing                              382                1,2,3,4
Field windbreak                      392                2,3
Filter strip                         393                2,3
Floodwater diversion                 400                1,2,3,4
Floodway                             404                1,2,3,4
Grade stabilization structure        410                1,2,3,4
Grassed waterway                     412                2,3
Grasses and legumes in
  rotation                           411                2,3
Grazing land mechanical
  treatment                          548                1
Irrigation canal or lateral           320                3
Irrigation field ditch               388                3
Irrigation land leveling              464                3
Irrigation pit or
  regulating reservoir               552-A-B           3
Irrigation storage reservoir         436                3
Irrigation system
  Trickle                            441                3
  Sprinkler                          442                3
  Surface and subsurface              443                3
Irrigation system, tailwater
  recovery                           447                3
Irrigation water conveyance
  ditch and canal lining              428-A-C           3
                                       27

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Table 9:  Agricultural Bast Management Practices, cent
Practice Name                           SCS                Agricultral
                                     Code               Subcategory *

Pipeline                             430-AA-II         3
Irrigation water management          449                3
Land smoothing                       446                1,2,3,4
Lined waterway or-outlet              463                1,2,3,4
Livestock exclusion                  472                1,2,3,4
Mulching                             484                2,3,4
Pasture and Hay land mgt.              510                1,2,3
Pasture and hay land plant ing          512                1,2,3
Pipeline                             516                1,2,3,4
Planned grazing systems               556                1
Pond                                 378                1,2
Pond sealing or lining                521-A-E           1,2
Proper grazing use                   528                1
Pumped well drain                    532                4
Pumping plant for
 water control                       533                3
Range seeding                        550                1
Rock barrier                         555                1,2,4
Runoff management system             570                4
Sediment basin                       350                1,2,3,4
Soil salinity management             573                2
Soil Moisture mgt. for
 saline seep                          Interim           2
Spring development                   574                1,2
Streambank and shoreline-
 protection                          580                1,2,3,4
Stream channel stabilization         584                1,2,3,4
Stripcropping
  Contour                            585                2
  Field                              586                2
  Wind '                             589                2
Structure for water control          587                1,2,3,4
Stubble Mulch                        588                2
Subsurface drain                     606                2,3,4
Subsurface drainage
  Field ditch                        607                3
Main or lateral                      608                3
Tall Wheatgrass Barriers             Interim           2
Terrace                      '        600                3
Toxic salt reduction                 610                2,3
Trough or tank                       614                1,4
Underground outlet                   620                1,4
Vertical drain                       630                2,3
                                       28

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Table 9:  Agricultural Best Management Practices, cent
Practice Name                            SCS                Agricuttral
                                      Code                Subcategory'

Waste, Disposal, on farm
  Sanitary landfill                   Interim            4
Waste Management System               312                4
Waste storage pond                    425                4
Waste storage structure               313                4
Waste treatment lagoon                359                4
Water harvesting catchment            636                1
Water and sediment
  control basin                       638                1,2
Waterspreading                       640                1,3
Well                                  642                1,2,3,4
windbreak renovation                 650                2
* Agricultural Subcategorm

1) Rangeland/Grazing
2) Dryland
3) Irrigated
4) Feedlots/Animal Holding
                                        29

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   RESOLUTION  #2245-93-3
              TRIBAL GOVERNMENT
WHEREAS, the Fort Peck Tribal Executive Board is the duly elected
body representing the Assiniboine and Sioux Tribes of the Fort Peck
Reservation  and is empowered to act on behalf of the Tribes.  All
actions  shall  be adherent  to provisions  set  forth in the 1960
Constitution and By-Laws, and

WHEREAS, the Fort Peck Tribes are  developing a  Non Point Source
Control  program which will  serve  to  protect surface  and ground
water from non point sources of pollution, and

WHEREAS, the  Non Point  Source  program is required to compile a
management and  assessment plan under the  approved  work plan and
submit to EPA for review and comment,  and

WHEREAS, the Fort Peck Tribes  must incorporate the commends into
the documents and approve the documents in final form,  Now

THEREFORE, BE  IT RESOLVED  that the Tribal Executive  Board does
hereby authorize  the  submission of the Proposed Fort Peck Tribes
Assessment and  Management Plans to the  Environmental  Protection
Agency for their comments and to incorporate those comments for the
final Assessment and Management Plans.
                    CERTIFICATION
I, the  undersigned Secretary Accountant of the  Tribal Executive
Board of the Assiniboine and Sioux Tribes of the Fort Peck Indian
Reservation,  hereby certify that  the  Tribal Executive  Board is
composed of 12  voting members  of whom   10   constituting a quorum
were present  at a Special meeting duly called and convened this
8th day of March.  1993.  that  the foregoing resolution  was duly
adopted at such meeting by the affirmative vote of  8 .
                                     Merle Lucas, Secretary/Acct.
APPROVED:
        0 Or,
JLJ
Chairman/Vice Chaii-man
Tribal Executive Board
             Wyman Babby,  Superintendent
             Fort Peck Agency

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Tribal Management Plan

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FORT PECK TRIBES

   NONPOINT SOURCE

  MANAGEMENT PLAN
         PIN
         FORT PECK
   ASSIN3OINE AND SIOUX TRIBES
        605 Indian Avenue
         P.O. Box 102T
       Poplar. Montana 5925o
        F (400)768-5155

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TABLE OF CONTENTS

I'.O  NON POINT SOURCE MANAGEMENT PLAN

     1.1  Introduction                                 2

2.0  319 MANAGEMENT PLAN

     2.1  Introduction                                 3

     2.2  General Management Program                   4
          2.2.1  Administration                        5
          2.2.2  Assessment                            5
          2.2.3  Monitoring     .                       5
          2.2.4  Education                             6
          2.2.5  Funding Needs                         9

     2.3  Management Program for Nonpoint
          Pollution Categories                         10
          2.3.1  Agriculture                           10
          2.3.2  Groundwater                           12
          2.3.3  Resource Extraction                   13
          2.3.4  Hydromodification                     14
          2.3.5  Land Disposal                         15

3.0  EXISTING AUTHORITY AND PROGRAMS TO ADDRESS NONPOINT SOURCE
     POLLUTION

     3.1  Federal Law                                  16
          3.1.1  Clean Water Act                       16
          3.1.2  USDI Bureau of Land Management        20
          3.1.3  Food Security Act 1985 & Food and
          Agricultural Trade Act 1990                  20

     3.2  Tribal Law                                   22

     3.3  Financial Assistance
          3.3.1  Federal                               22

     3.4  Roles of Agencies/Technical Assistance
          3.4.1  Federal                               27
          3.4.2  State and Local                       28
4.0  FORMULATION OF BEST MANAGEMENT PRACTICES          29

     4.2  Best Management Practices                    31
          4.2.1  Agriculture                           31
          4.2.1  Hydromodification                     34

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1.0  NONPOINT SOURCE MANAGEMENT PLAN

1.1  I n t roduc t i on

     Section 319 of the Federal Clean Water Act has provided the
Assiniboine and Sioux Tribes of Fort Peck Reservation with a
uniform framework for correcting and preventing human induced
nonpoint source water quality problems.  -Entitled "Management of
Nonpoint Sources of Pollution", Section 319 was added to the
Clean Water Act by passage of the 1987 Water Quality Act (PL100-
4)  on February 4, 1987.  Section 319 requests that Tribes prepare
two basic documents:

     1.  A comprehensive reservation-wide Nonpoint Source
     Pollution Assessment Report which identifies streams
     impacted by nonpoint source pollution;
     2.  A Nonpoint Pollution Management Plan to address the
     problems identified in the Assessment Report.

     The NPS assessment report has been completed and submitted.
The report identifies nonpoint source pollutants and sources
impacting Reservation drainages.  The assessment report can be
used in determining project priority.

     Section 2.2 in the Fort Peck Reservation's Nonpoint Source
Pollution Assessment Report identifies the Reservation's nonpoint
source water quality problems.  The Fort Peck Reservation's
Nonpoint Management Plan identifies the reservation's existing
programs and authorities for addressing nonpoint pollution
problems; specifies the general Best Management Practices(BMP's)
to address the Reservation's nonpoint pollution categories;
suggests new initiatives to increase the effectiveness and
improve coordination of nonpoint control efforts; proposes
specific watershed demonstration projects for individual streams;
and identifies estimated costs and sources of funding to support
implementation of BMPs and nonpoint control measures.

     Section 319 requires six principal categories of information
to be included in the Reservation's Nonpoint Source  (NPS)
Management Plans (Nonpoint Source Guidance, December 1987, U.S.
EPA, Washington B.C.):  Each of these categories is addressed in
the Fort Peck Reservation's Nonpoint Source Pollution Management
Plan.

     1.  Best Management Practices which will be used to reduce
pollution from each category or subcategory of NPS pollution,
taking into account the impact of the proposed practice on
groundwater quality.

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     2.   Nonpoint Source Programs  including regulatory and
nonregulatory programs for enforcement, technical assistance,
financial assistance, education, training, technology transfer,
demonstration projects, and monitoring/evaluation to assist in
the implementation of BMPs,  The lead and cooperating agencies
for carrying out these programs and their specific
responsibilities should be clearly identified.

     3.   A schedule containing annual milestones for the four
year plan which can be used to gauge the effectiveness of various
programs.  The schedule shall provide for utilization of BMPs at
the earliest practicable date.

     4.   A certification of adequacy of Tribal Ordinances by the
Tribal Attorney that existing laws and ordinances provide
adequate authority to implement the proposed management program.
If additional legal authority is needed, a schedule for seeking
such authority shall be adequately expeditious to allow
implementation within the four year Management Program.

     5.   Funding sources which are available to carry the Tribes
program in each of the four fiscal years, in addition to
assistance provided under section 319.

     6.   Federal consistency - The Fort Peck Reservation
Management Program should identify federal financial assistance
programs and federal development projects which will be reviewed
by the State for their consistency with the proposed NPS
Management Plan.

2.0  319 MANAGEMENT PLAN

2.1  Introduction

     The basic characteristics of nonpoint source pollution  (i.e.
pollution is diffuse, discharges occur by dispersed pathways,
discharge is generally associated with precipitation and runoff,
and discharge is related to man's use of land) make it difficult
to monitor and quantify impacts of nonpoint source pollution.
Impacts from nonpoint pollution episodes are often individually
insignificant, but collectively and cumulatively significant.
Deterioration in watersheds may occur slowly.  In many instances,
impacts of nonpoint pollution sources are subtle and gradual,
making it" difficult to demonstrate impairment to beneficial uses.
When more than one nonpoint source is involved, determining the
proportion of the problem attributable to individual sources can
be difficult.

     The nondramatic nature of nonpoint source pollution,
particularly sedimentation explains why control efforts have
lagged.   The subtle nature of nonpoint source pollution presents
significant difficulties to the entities charged with its

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monitoring and managing.   Additional problems result from the
large number and variety of agencies,  organizations, groups and
individuals involved in managing land,  and protecting resources.
On the Fort Peck Reservation,  most nonpoint pollution is caused
by agriculture, hydromodification,  land disposal,  and resource
extraction.  Construction and urban NFS sources are minor
components of the total NFS pollution on the reservation.  NFS
pollution sources are minor components of the total NFS pollution
on the reservation.  NFS pollution can affect both surface and
groundwater.

     Fort Peck Reservation's NFS Pollution Management Plan will
emphasize prevention to minimize future rehabilitation needs.
The prevention portion of the plan will rely heavily upon
education.  In addition to education,  the Management Plan will
emphasize technical assistance and financial incentive for
landusers to voluntarily implement BMPs to prevent or mitigate
impairment.  BMP's are identified and listed in the Assessment
Report on pages 15-17 Table 4.

     BMP's are methods, measures,  procedures, or practices used
to control or reduce nonpoint source pollution.  BMP's can be
structural controls or nonstructural controls;  they can be
operation or maintenance procedures;  they can be applied before,
during or after pollution producing activities.

     The authority of the Fort Peck Water Code and Fort Peck-
Montana Compact will be used to control significant quantifiable
nonpoint source pollution through the issuance of Tribal water
use permits.

     Education is a major component of the program in order to
achieve voluntary compliance.  Range tours, brochures, and videos
will be made available to producers.

2.2  General Management Program

          The Fort Peck Office of Environmental Protection (OEP)
with concurrence from the Fort Peck Tribal Executive Board
through resolution is responsible for administering Fort Peck
Reservation's Water Quality laws and delegated federal water
pollution control programs.  For adminstrative purposes, the OEP
reports to the Land Committee for all business regarding water
and land resource issues.  The Land Committee, a subcommittee of
the full Tribal Executive Board, makes preliminary determinations
on issues and refers them to the full board for voting.

     For the Nonpoint Source program, a NPS task force will be
set up consisting of water users and managers which will make
recommendation to the Land Committee for funding and approval
with full approval from the Tribal Executive Board.  The Task
Force will meet annually to review project proposals and make

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recommendations to the Board.

     The NPS Management Plan has been divided into two parts:
l)the General Management Program, and 2)Specific Management
Programs for each NPS pollution category.  The General Management
Program includes administration, assessment, monitoring, and
general education.  The Specific Management Programs for
agriculture, hydromodification, land disposal, and resource
extraction identify BMPs,  prioritize impaired streams, and
propose demonstration projects to implement BMPS.  Milestones
have been established for the overall General Management Program.
Milestones describe project accomplishments which should be
achieved by specified target date.  Milestones often summarize
several activities.  Implementation of most milestones will be
dependent upon the availability of 319 and other funds.

     2.2.1  Administration - Administration includes coordinating
the overall General Management Program; the Specific Management
Programs for agriculture,  hydromodification, land disposal, and
resource extraction; providing interagency coordination;
periodically updating the overall plan; and obtaining the
necessary funding for programs.  OEP personnel will be
responsible for these activities, assisted by the NPS task force
and Tribal Executive Board.

     2.2.2  Assessment - Knowledge of nonpoint source pollution
problems on the Fort Peck Reservation is a combination of
evaluation studies and professional judgement.  Much of the
information was gathered in earlier efforts by the 208 program,
the 106 program, and other specific studies.  The Fort Peck
Reservation is using an assessment form to evaluate stream
segments.  This form is compatible with the EPA  "Water Body
Tracking System."  The information obtained is amenable to
computer input and retrieval for easy evaluation and updating.
The assessment will be updated every four years.

     2.2.3  Monitoring - In addition to updating NPS stream
evaluations, the Fort Peck Reservation has expanded chemical and
biological monitoring to better characterize water quality,
quantify impairments, identify trends.  Additional evaluation
efforts will be employed to evaluate the success of BMP
implementation/demonstration projects.

The General Management Program milestones for administration,
assessment, and monitoring are as follows:

                   GENERAL  PROGRAM MILESTONES**

ACTIVITY	OUTPUT	END YEAR

ADMINISTRATION
Submit final NPS

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Management Plan and Assessment
plans to EPA                       2              11/30/94

Request 319 Grant from EPA
for implementation of
Management Plan                    1              10/1/94

  Update Management Plan,  as needed,
and review with NPS task force
and Tribal Exective Board          VAR            ONGOING

Submit annual report to EPA        1              11/1

Submit Quartery Progress Reports   4/year         Quarterly
Appoint Task and Force and
convene to review
program plans and milestones       1 meeting      1/15/95

Convene Task Force to review
projects and program and set
priorities for next fiscal year    1 meeting      6/30/94

Incorporate priorities into
workplan for Tribes'  NPS
program and submit to funding
agencies(Tribes, EPA,State,
USGS,BIA)                           1 Workplan/Grant  ONGOING
                                         1st year    9/30/95
	Annually	

**Education and Category milestones are listed separately


2.2.4  Education - Because so much of this program rests upon
voluntary cooperation by farmers and ranchers, an active
information and education program is critical.   The more people
who know and understand about the causes, effects and solution  to
nonpoint pollution, the less likely they are to be part of the
problem, and the more likely they are to become part of the
solution.  Therefore, an education program is designed to promote
voluntary corrective action by producers, Tribal Council members,
and other allottees and their heirs to prevent or reduce future
problems by increasing general public awareness.

     An education program for the Fort Peck Reservation will
include a variety of items targeted specifically for Native
American farmers and ranchers on the Fort Peck Indian
Reservation.  Pamphlets and brochures will be developed and sent
with the mailings of the range unit permits.  The Bureau of
Indian Affairs will also have access to these materials for
Distribution to new permittees,

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     Range tours of .demonstration sites will be conducted by the
Office of Environmental Protection and County Conservation
Districts for the Fort Peck Indian Farmers and Ranchers
organization and other interested farmers and ranchers.  Riparian
education will be the primary focus of these range tours.

     A slide presentation is also being developed for presenting
to Fort Peck Indian Farmer and. Rancher meetings and the Land
Committee of the Fort Peck Tribal Executive Board as well as
other land use agencies who may want to know the scope of the NPS
program on the Reservation.

     The Fort Peck Tribes will be actively participating in the
Grazing Lands Initiative for the state of Montana.  Local
workshops at sites on the Reservation will be requested by the
Fort Peck Tribes.  Emphasis on water quality and the improvement
of water quality as well as monitoring are part of the local
workshops' agenda.

     To promote riparian area protection and reduce
agriculturally related NPS pollution, a Riparian Education
Committee was established in May 1988.  The Committee spearheaded
by DNRC/CDD and comprising agriculture and landowner
organizations, has pursued a number of educational activities.
These include compilation of riparian management information,
identification of riparian areas packet, demonstration areas,
development of a riparian management information booth and
presentations, and conducting education field tours for private
landowners, agriculture organizations,  conservation districts,
and others.  The Tribes' NPS program will use these materials and
educational methods extensively.

     A number of complimentary NPS related education programs are
currently in progress.  The Cooperative Extension Service
completed a three year groundwater protection, and education
program.  This education effort targeted groundwater pollution
originating from agriculture and its impact on all user groups.

     The Montana Salinity Control Association works directly with
landowners to reverse saline seep on private agricultural lands.
The problem continues to grow on the Fort Peck Reservation.
Education materials which focus on the prevention of saline seep
and identifies lands impacted by saline seep is needed and will
be initiated of 319 funding becomes available.

     The Fort Peck Reservation proposes a reservation-wide
education program to address nonpoint source pollution as a
whole.  The program will be directed at landowners, land
managers, industry, other users, and students.

     The milestones for the education program are described
below.

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                         Education Milestones
ACTIVITY	OUTPUT	DATE

AGRICULTURE
Develop Riparian Demonstration
Site on the West Fork of the
Poplar River for Water Quality
impacts from grazing.              1 DEM. SITE     1/92-9/93

Develop brochure and display
with cooperation from SCS          1 Broch/1 Disp.      3/94

Display and brochure mailouts,
presentations at fairs,
ag expositions, and ag
organization meetings                   VAR        ONGOING

Implement Winter grazing/winter feeding
demonstration site on Wolf Creek
as part of stream wide project          1          6/95

Range tours of demonstration sites,
different conservation practices
which protect water quality.       3/Yr.           5/93-12/98

Update displays with monitoring
information as needed              VAR             ONGOING

GROUNDWATER
Participate in Project WET and
demonstrate WET's groundwater
model in schools and science
fairs across reservation           VAR             ONGOING

Coordinate Safe Drinking
Water Week activites with
Reservation Grade Schools          VAR             April/Ongoing

Publish articles on protecting
ground water from contamination
in Wotanin(Reservation Newspaper)  3/Yr.           ONGOING

Distribute education materials
on nitrate contamination and  sources
to Reservation residents and  those
wells on the Reservation with
high nitrate levels.               1/Yr.           6/96

Work with Eastern Plains
RC&D on Abandoned Well
demonstration   .                   1               6/95

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RESOURCE EXTRACTION
Publish article on results
of USGS study on brine
contamination and the effects      1              7/95
HYDROMODIFICATION
Draft a fact sheet on permitting
proceedures for channel alteration
on the Reservation                 1              10/96

LAND DISPOSAL
Publish articles on used
oil disposal                      ' 2/yr           ONGOING

Present information to grade
schools during Earth Day presentations
on garbage costs and pollution
control measures at landfill
sites                              1/yr.         ' April/annually

2.2.5  Funding Needs

     Annual anticipated funding needs for the general management
programs are as follows:

A. Administration

     One Third-time Staff member                       $14,000


B.  Monitoring Program  (See Also; Assessment Report)

     Full time staff member  (3/4 OEP, 1/4 SCS)         $10,000

     Travel Per Diem                                   $ 2,000

     Equipment/Lab support                             $ 3,500


C.  Education

     The following budget describes the financial support
required to fulfill the education milestones,  a 3/4 time staff
person would coordinate and  implement the general education
programs, and assist with monitoring efforts at demonstration
sites and potential sites.

     1. General Education                              $16,000
          Half time staff person
           (1/4 SCS, 1/4 OEP)

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     Materials                                         $ 1,000
          pamphlets
          videos
          education booth materials
          curriculum material  development  and printing
          monitoring education
     2.  Herbicide/Pesticide Education (See Agriculture Section)
     Development and distribution of education materials

                                                       $1,000

                                             TOTAL     $49,500


2.3 Management Program for Nonooint  Pollution Categories

     Fort Peck has identified  BMPs,  developed and education
program, and selected an agricultural watershed demonstration
project.  The Fort Peck Reservation's Assessment Report lists
impaired water bodies.  Management decisions and BMP's
implemented are based upon site locality.

     The following consideration will be used in selecting a
project:
     1. Severity of pollution problem/extent of impairment of
beneficial uses;

     2.Potential for effectively addressing the pollution
problem, given technical and financial constraints (i.e.
optimizing economic benefits);

     3.Public participation/landowner cooperativeness.

     Proposed projects will be reviewed and evaluated.  The
Conservation District, as the  state  of Montana designated water
quality management agency, may serve as project sponsors.  There
may be instances where other organizations may serve as project
sponsors.

     Milestones and BMPs for. hydromodification, land disposal,
and construction activities are not  delineated because they are
addressed by existing state and federal regulatory programs.
These regulatory programs stipulate  the formulation and
application of BMPs.  Efforts  will continue to evaluate and
improve the effectiveness of these programs.  Section 3 presents
a listing of regulatory programs and sources of financial and
technical assistance available to help implement BMPs for each
category.

     2.3.1 Agriculture

     Agriculture is Fort Peck Reservation's number one industry

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and is the prevalent land use on nearly 98% of the Reservation's
land.  Agriculture also generates nearly 99% of the total
nonpoint source pollution.  The main agricultural pollutants are
sediments and nutrients.

     The designated NFS management agencies for Montana have
adopted Soil Conservation Service standard conservation practices
and specifications as Montana's recommended agricultural BMPs.
The Assiniboine and Sioux Tribes intend to adopt SCS
recommendations as well.  These BMPs are listed in the Assessment
Report pages 15-17, Table 4.  Detailed descriptions of these
practices are available at local SCS offices.  New BMPs
addressing pesticide application, fertilizer management and
streambank stabilization will be added as they are developed.

     Appropriate BMPs will be selected on a site specific basis
for each agricultural activity producing nonpoint source
pollution.  Application of agricultural BMPs for nonpoint source
water pollution control on the Reservation is basically
voluntary.

     However, if agricultural practices cause pollution of
reservation waters, those practices can be regulated under the
Clean Water Act or by a new Tribal ordinance setting and
enactment.  The Conservation Districts, Soil Conservation
Service, Agricultural Stabilization and Conservation Service,
Extension Service and Bureau of Indian Affairs provide the
primary assistance and encouragement for implementation of these
agricultural BMPs.


               Agricultural Milestones
ACTIVITY	OUTPUT	DATE

Complete Winter Grazing/
Winter Feeding Demonstration
on Wolf Creek                      1 Demo              6/95

Monitor Water Quality
for three years at site            VAR                 10/99

Complete Annual Reports     .       1/yr.               11/15

Complete additional
BMPs on Wolf Creek Drainage
by identifying cooperators
applicable BMPs and funding
sources                            3(max)              10/1/97

Implement Grazing BMPs
on Range units 9&.10 on
Little Porcupine Creek

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Drainage                           4 BMPS              10/1/96

Monitor Range Units 9&10
for water quality changes          VAR                 1996-1999

Continue Monitoring West Fork
Poplar River with the STate
of Montana and SCS for next
8 years                            VAR                  2002


     2.3.2  Groundwater

     Groundwater across the reservation has been assessed in
detail by the USGS through a Joint Funding Agreement between the
Tribes' Water Resources Office and the USGS.  Five major aquifers
and their water quality were delineated for the entire
reservation.  This study entitled "Reconnaissance of Ground-Water
Resources of the Fort Peck Indian Reservation,  Northeastern
Montana", also detected ground-water contamination in two
aquifers.  The Flaxville aquifer had high nitrate values while
the alluvial aquifer in the Poplar River Valley had high total
dissolved solids and chloride values.

     From the reconnaisance study, the Tribes'  Water Resources
Office entered into another Joint Funding Agreement with USGS to
study the source and extent of the contamination in the alluvial
aquifer in the Poplar River Valley.  This study delineated the
extent and magnitude of the brine contamination from oil and gas
activites in the East Poplar Unit Oilfield.  The final report is
going through internal review at USGS.

     In 1994, the Fort Peck Tribes were awarded a 319 grant from
the State of Montana to study the source and extent of the
nitrate contamination in the Flaxville aquifer on the
Reservation.  The USGS, Bureau of Indian Affairs, the
Conservation District, and the Montana Extension Service are all
cooperators on this project.   Once the study is completed, the
Tribes plan to use the results and design an abatement process
through the Tribes' 319 Management Plan.

     Due to the high cost of groundwater investigations, the
Tribes will pursue other sources of funding for the initial
assessments.  The Indian set aside for the 319 program is not
sufficient enough to develop a broad scale ground water program.
However, abatement may be done if it involves education and
demonstrations;  other abatements processes such as pumping and
creating are out of the question.

     The ground water program will focus on researching
strategies to present further degradation of the ground water
resource from mineral extraction and nitrate contamination.

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Demonstration projects may be implemented providing they are cost
effective.  The Tribes intends to work closely with the Soil
Conservation Service,  the oil industry, and the Department of
Natural Resources and Conservation on these projects.


               Ground Water Milestones
ACTIVITY	OUTPUT	DATE

Examine Abatement options for
Brine Contamination                VAR            12/95

Implement.Abatement options using
existing resources of the Tribes
and the BIA                        VAR             3/96

Delineate Abatement plan
for Nitrate contamination
study                              VAR            10/96

Develop funding options and
apply for funding for abatement
plan                    •           1              11/96

Implement Abatement plan
for Nitrate contamination          VAR            1/97/ongoing


     2.3.3 Resource Extraction

     The mining industry is well regulated on the Reservation.
Existing Tribal ordinances require financial restitution and
operating stipulations for minerals extraction.

     Tribal resource staff will evaluate and review the
effectiveness of existing programs to control nonpoint source
pollution from petroleum extraction activities.  Recommendations
for improvements to existing programs, if necessary will be
included in these annual evaluations.

     Mandatory regulations, stipulating BMPs, operating
procedures and specifications have encouraged the mining industry
to operate .in a responsible manner while attempting to protect
water quality.  Since early 1970, regulations requiring water
quality protection and reclamation have reduced the impacts on
mineral extraction.  NFS pollution caused by past mining will
largely be addressed by the Abandoned Mine Lands  (AML)
Reclamation program.  The AML will focus first on coal mines.
                                13

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               Resource Extraction Milestones
ACTIVITY	OUTPUT	DATE

Review existing suface
requirements for petroleum
extraction industry                var            3/96

Assume primacy for UIC program
from EPA                           1              9/95

Recommend improvements to
existing program at NFS
task force meeting                 VAR            6/95

     2.3.4  Hvdromodification

     This nonpoint source category includes streambank/stream
channel alterations and construction activities, flow
regulation/modification, and construction and operation of dams.
As described in Chapter 3, Assiniboine and Sioux's Comprehensive
Code of Justices has several existing ordinances that address
nonpoint pollution from hydromodification activities.  These
existing programs provide a mechanism for managing nonpoint
source pollution control activities.

     Tribal staff will evaluate and review the effectiveness of
these existing programs to control nonpoint source pollution from
hydromodification activities.  Recommendations for improvements
to existing programs, will be included in the annual evaluation.

     BMPs for hydromodification often relate directly to other
categories of nonpoint source pollution.  For example, grazing
practices in riparian zones may impact stream hydrology by
changing seasonal flow patterns and water yield.  Agricultural
activities may involve streambank/channel alterations.  BMPs
adopted under the Management Programs for these other categories
will also control pollution from hydromodification activities.
               Hydromodification Milestones
ACTIVITY	\	OUTPUT	DATE
Review Conservation District
permits, EPA permits, State of
Montana permits for applicability
to tribal lands                    VAR                 9/95

Review with Task Force             1                   6/96

Incorporate and/or adopt
oermits for modification
activities                         VAR                 1/96

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2.3.5  Land Disposal

     This nonpoint source category includes pollution related to
solid waste and sludge disposal, on-site wastewater treatment,
and runoff/leachate from land treatment or hazardous waste
disposal sites.

     Since 1994, RCRA Subtitle D regulations for landfills
require operators to implement run on/run off control measures
including leachate collection systems.  Additionally, ground
water monitoring is also required at landfill sites.  Since April
of 1994, the Fort Peck Reservation has only one landfill
operating.  All other open dumps and landfills were closed
because they could meet the requirements of Subtitle D.  These
dumps and landfills were covered in compliance with closure
regulations and have been reseeded to grass.  Potential of
pollution from runoff from these sites is minimal.

     The Tribes have not implemented a Subtitle D program on the
reservation.  The one landfill on the reservation is run by the
City of Wolf Point and is licensed by the State of Montana.
Although the Tribes have plans to develop a Subtitle D program,
primacy may pose a problem as well as funding to develop the
program.

     Improper disposal of used oil poses the most difficult
problem.  Sites that will accept used oil are limited and must be
monitored to ensure that strickly used oil is deposited.
Education on the effects of used oil on the environment will be
one of milestones for the non point source program.

     Tribal staff will evaluate and review the effectiveness of
these existing programs to control nonpoint source pollution from
land disposal activities.  Recommendations for improvements to
existing programs, will be included in the annual evaluation.
Review existing land disposal
regulations for effectiveness      VAR                 3/96

Review runon/runoff control
measures for landfills on
the reservation                    VAR                 /96

Evaluate regs with
Task Force                         I                   6/96
                                15

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               Land Disposal Milestones cont'd
ACTIVITY	OUTPUT	DATE

Modify codes as needed or
develop primacy program for
land disposal practices
under Subtitle D                   VAR                  7/96

3.0  EXISTING AUTHORITIES AND PROGRAMS TO ADDRESS NONPOINT SOURCE

     POLLUTION

3.1  Federal Laws

     3.1.1  Federal Clean Water Act

     In 1972, Congress passed the Federal Water Pollution Control
Act Amendments (PL 92-500) .  The Clean Water Act (CWA) provided a
comprehensive national framework for water pollution control and
water quality management for the United States.  The goal of the
Act was to restore and maintain the. integrity of our nations
waters, and to provide water quality sufficient for "the
protection and propagation of fish, shellfish and wildlife, and
provision of recreation in and on the water."  The Act was
amended again in 1977, 1981, 1987 and is likely to be renewed in
1995.

     Amendments to the CWA added in 1981 provided for
reservations to receive grants to carry out water quality
management planning activities.  This allowed the Tribes to
receive federal funding to help carry out basic water quality
management planning activities with 208 funds.

     Activities conducted by the Assiniboine and Sioux Tribes in
accordance with 208 were:
1.  A full assessment of water quality including physical,
chemical, and biological properties of the seven major streams on
the Reservation;

2.  A complete listing of existing beneficial uses and beneficial
uses attainable based on existing water quality;

3.  A set of water quality standards which would protect these
beneficial uses;

4.  A quality assurance plan.

     The statewide 208 Water Quality Management Plan established
the basic framework for addressing nonpoint source pollution
problems.  This framework consists of designations of the U.S.
Forest Service (USFS) and the Bureau of Land Management  (BLM) as
the management agencies for nonpoint source pollution control on

                                16

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federal lands; and designations of the county soil conservation
districts as the lead management agencies for nonpoint source
pollution control on non-federal land. " The Assiniboine and Sioux
Tribes have developed a Memorandum of Understanding with Soil
Conservation Service for nonpoint source pollution control
program.  This basic framework for water quality management and
nonpoint source pollution control, which was developed under the
208 program, remains in place today.

     In addition, the Tribes have received Section 106, Water
Quality Assessment and Management grants for the past five years.
These grants have been used to develop baseline biological
condition information in order to develop a framework to assess
the degree of impairment on reservation streams from non point
source pollution.

     Section 303  Section 303 of the CWA requires that EPA review
and approve water quality standards to assure the WQS are
consistent with the requirements of the CWA.  Water quality
standards are provisions of local, state, or federal law which
consists of a designated use or uses for the waters of the United
States, and water quality criteria to maintain and protect such
uses.  Water quality standards must protect public health or
welfare, enhance the quality of water and serve the purposes of
the CWA.  Accordingly, WQS influence and affect all water
pollution control programs.

     EPA guidance indicates that the relationship between
nonpoint source pollution control and water quality standards
should be based upon three basic principles:

     1.  BMPs must be designed to meet water quality standards.
It is recognized that BMPs are the primary mechanism to enable
the achievement of WQS.  It is intended that proper installation
of tribal approved BMPs will achieve WQS.  For proposed nonpoint
source activities, BMPs designed and implemented in accordance
with a tribal approved process will normally constitute
compliance with the CWA.  Once BMPs have been approved by the
Tribes, the BMPs become the primary mechanism for meeting WQS.
Proper installation, operation, and maintenance of tribal
approved EMPs are presumed to meet a landowner's or manager's
obligation  for compliance with applicable WQS.

     2.  BMP effectiveness must be demonstrated.  Once the BMPs
have been installed/applied and sufficient time has elapsed to
establish the controls and monitor their effectiveness,
attainment  or maintenance of WQS and other water quality goals
should be verified.  If subsequent evaluation indicates that
approved and properly implemented BMPs are not achieving WQS, the
Tribes should take steps to revise the BMPs, evaluate the WQS for
appropriateness, or both.  Through the interactive process of
monitoring  and adjustments of BMPs and/or WQS, it is anticipated

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and expected that BMPs will lead to achievement of WAS.

     3.  If BMPs cannot adequately protect and maintain water
quality standards,  the Tribes must either revise the BMPs to
ensure protection and maintenance of WQS or revise the standards
or reevaluate the activity.  If WQS are not being met, then the
Tribe may require that the NPS controls be modified or the
practice causing the nonpoint source pollution cease.

     It should also be noted that EPA's regulations to implement
Section 303 (40 CFR Part 131) require that the Tribes adopt an
antidegradation policy.  Antidegradation policy requires that:

     1. Existing instream water uses and the level of water
quality necessary to protect the existing uses shall be
maintained and protected;

     2.Where the quality of the waters exceed levels necessary to
support propagation of fish, shellfish, and wildlife and
recreation in and on the water, that quality shall be maintained
and protected unless the Tribes find that after full satisfaction
of the intergovernmental coordination, that allowing lower water
quality is necessary to accommodate important economic or social
development in the area in which the waters are located.  In
allowing such degradation or lower water quality, the Tribes
shall assure water quality adequate to protect existing uses
fully.  Further, the tribes shall assure that there shall be
achieved the highest statutory and regulatory requirements for
all new and existing point sources and all cost effective and
reasonable BMPs for nonpoint source control;

     3.  Where high quality waters constitute and Outstanding
National Resource,  such as waters of National and State parks,
and wildlife refuges and waters of exceptional recreational or
ecological significance, that water quality shall be maintained
and protected.

     Nonpoint pollution activities are not exempt from the
antidegradation policy.  Tribes are required to assure that the
highest statutory and regulatory requirements for all new and
existing point sources and all cost effective and reasonable BMPs
for nonpoint source control shall be achieved.  If a particular
activity will degrade water quality even after all these measures
are applied, Tribes have to:

     1.  Identify proposed water quality degradation  (where and
to what degree water quality will be lowered);

     2.  Determine that the degradation is necessary  to
accommodate important social or economic development.

Section 314  Section 314 of the CWA requires the Tribes to submit

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a biennial report on-water quality in lakes on the  reservation.
These reports are to identify:  eutrophic condition of tribal
lakes; processes to control sources of pollution  in such lakes;
procedures in conjunction with appropriate federal  agencies, to
restore the quality of such lakes; methods to mitigate effects of
high acidity; a list of tribal owned lakes for which uses are
impaired; and an assessment of the status and trends of water
quality in lakes including the -nature and extent  of pollution
loading from point and nonpoint sources.

     Funding is authorized to make grants to Tribes that have
submitted satisfactory lake water quality reports to control
pollution and restore and protect lakes.  It is not know at this
time whether funding will appropriated to address nonpoint
pollution problems affecting lakes on the Fort Peck Reservation.

     Section 319  The 1987 Water Quality Act passed by Congress
on February 4, 1987 amended the CWA to add a new  Section 319,
entitled "Management of Nonpoint Sources of Pollution."  Section
319 requires each Tribe to develop a comprehensive  statewide
nonpoint pollution assessment report, and to submit a management
-program for control of nonpoint source pollution  on the
reservation.

     The assessment report should identify reservation waters,
which without additional action to control nonpoint sources of
pollution, cannot reasonable be expected to attain  or maintain
applicable water quality standards or the goals or  requirements
of the CWA.  The assessment report should also identify
categories and subcategories of nonpoint sources, as well as
particular nonpoint sources that contribute pollution to
identified waters, and include descriptions of Tribal management
processes and control programs.

     The nonpoint management programs are to include:  best
management practices to reduce pollutant loadings from each
category and subcategory of nonpoint source pollution identified
in the Tribes' Assessment report; specific management programs to
achieve implementation of best management practices; a schedule
for program implementation;  certification of necessary legal
authorities; and sources of funding to support implementation.
The assessment report and the management  program must be
submitted to EPA, which has 180 days to approve or  disapprove the
report and program.

     Upon approval of the assessment report and management
program, Tribes are eligible for Section 319 grants from EPA to
assist in implementing the management program.  The federal share
of implementation grants shall not exceed 75%.  Eligible
implementation cost include costs of implementing regulatory or
non-regulatory  programs for enforcement,- technical assistance..
financial assistance, education, training, technology transfer

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and demonstration projects.   Monitoring which is done to support
design of watershed-level control programs or to evaluate a
particular implementation project is eligible.   General
assessment and planning activities as well as administrative
costs are not considered implementation.   Grants may also be
provided for protecting groundwater quality with the maximum
federal share set at 75%.

     EPA has been directed give priority in making 319
implementation grants to nonpoint projects which will control
particularly difficult nonpoint source problems, implement
innovative control methods or practices,  control interstate
nonpoint source pollution, or carry out groundwater quality
protection activities.

     Each tribe is required to submit an annual report to EPA and
the Administrator of EPA is required to report annually to
Congress on the program.

Section 401  Section 401 of the Federal CWA requires that any
applicant apply for a federal license or permit for the conduct
of any activity which results in a discharge into the navigable
waters of the U.S..  The 401 certification authority is
administered on the Fort Peck Reservation by EPA.  Section 401
provides the EPA with authority to assure that federally
permitted or licensed activities which can result in nonpoint
source pollution, do not violate Tribal Water Quality Standards
(State water quality standards specify uses for the waters of the
reservation, and the water quality criteria necessary to protect
those uses.)

     Section 401 provides the Tribe with a mechanism to modify
potentially damaging federally permitted or licensed projects.
This authority is frequently applied toward dredge and fill
permits issued by the U.S. Army Cops of Engineers and licenses
issued by the Federal Energy Regulatory Commission.

     Section 404  Section 404 of the Federal CWA establishes a
permit program for the discharge of dredged or fill material into
the waters of the U.S.  The U.S. Army Corps of Engineers  (COE) ,
Omaha District, administers this program on the Fort Peck
Reservation.  Discharges of dredged or fill material are
frequently associated with nonpoint source pollution-causing
activities occurring in or adjacent to streams and wetlands.  The
404 permit program allows a mechanism to require implementation
of appropriate BMPs for the control of nonpoint source pollution
by stipulation of BMPs as a condition of the permit.  The program
also allows opportunity for consultation among the COE, EPA,
USFWS, and Conservation Districts regarding appropriate BMPs.

     Discharges of dredged or fill material into wetlands are
regulated under the 404 program.  This serves as a significant

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means  for  protecting of wetlands,  thus  preserving  their  important
function in  improving water  quality  through assimilation of
nutrients  and retention of sediments.

     3.1.2  USDI  Bureau of Land Management

     The BLM has  monitored and funded hydrologic studies to
assess potential  impacts  on  water  resources on  their  lands since
1976.   Data  obtained from this program  are entered onto  STORET
and  are updated annually.

     3.1.3  Food  Security Act  of 1985 and Food  and Agricultural
           Trade Act 199Q

     The provisions in these acts  are designed  to  reduce soil
erosion and  retain wetlands.   The  provisions generally known as
the  Conservation  Reserve, Conservation  Compliance, Sodbuster, and
Swampbuster  are described as follows:

Conservation Reserve -  The  conservation reserve officers
producers  help in retiring highly  erodible cropland.  Through a
bidding process,  farmers  and ranchers may put eligible cropland
.into .a conservation reserve  for  10 years and receive  annual
payments on  the basis of  their bids.  Vegetative cover is
necessary  to protect the  land  from erosion and  if  successfully
bid  into this program cannot be  grazed  or hayed.   Harvesting of
commodity  crops is prohibited.

Conservation Compliance - Conservation  compliance  applies  if a
producer continues to plan annually  tilled crops on highly
erodible fields.  To remain  eligible for USDA program benefits,
from the Farmers  Home Administration, Soil Conservation  Service,
Federal Crop Insurance and Agricultural Stabilization and
Conservation Service, the producer must have developed and be
actively applying a locally  approved conservation  plan on  highly
erodible fields by January 1,  1990.   The plan must be fully
implemented  by January 1, 1995

Sodbuster  -  The sodbuster provision  of  the Food Security Act are
aimed  at discouraging the conversion of highly  erodible  land for
agricultural production.  If a producer converts highly  erodible
noncropland  to annually tilled crops, the producer may lose
eligibility  for several other  Department of Agriculture  program
benefits.  The producer will remain  eligible only  if  the land  is
 farmed according  to an approved  conservation plan  that is  fully
 implemented.

 Swamsbuster  - The swampbuster  provision of the  Act is aimed at
discouraging the  conversion  of wetlands for agricultural
purposes.  The swampbuster was effective December  23, 1985, the
date the Food Security Act was signed.   If a wetland  is  converted
 to cropland, a producer will loose eligibility  for certain USDA

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program benefits,  not just on the converted wetland area, but on
all lands farmed.   Some limited exceptions may be approved on a
case by case basis.

3.2  Tribal Laws

    .In 1985,  the  Fort Peck Tribes and the state of Montana
negotiated a landmark water compact and developed a water code
which administers  water use under the compact.  The compact
determined the quantity of water reserved for the Tribes by
federal law and constitutes one of the major settlements of
Indian Water rights in the West.  Key provisions of this compact
protected existing irrigation uses of the Fort Peck Irrigation
Project and of Indians on about 900 acres outside the project and
recognized the right of the Tribes to establish instream flows to
protect the Tribes'  fish and wildlife.  In 1990, the Tribes
established instream flow of not to exceed 58,503.59 acre feet on
various reservation streams,  including Big Muddy Creek, Poplar
River, and Porcupine Creek.

     Moreover, the code adopted pursuant to the compact provides
for the management and protection of the Tribes' water resources.
In particular, Title XI of the code prohibits the disposal of
wastes in a manner which contaminates or pollutes the Tribes'
water resources.  It also requires sewage and garbage disposal
facilities to be operated in a manner which does not create a
public health hazard.  (Title XI, sec. 202,203)

     The Tribes have ample authority to manage and protect the
reservation's water resources, including the ability to implement
the nonpoint source management program.

3.3  Financial Assistance

     3.3.1  Federal

Agricultural Stabilization and Conservation Service Agricultural
Conservation Program

     The Agricultural Stabilization and Conservation Service
(ASCS) of the USDA administers cost share programs which pay part
of the costs of BMPs which reduce erosion, reduce sediment
delivery and/or save water.  The ASCS cost shares between 50 and
75 percent of the installation costs  (up to $3500 per year) for
qualifying conservation practices.  Cost sharing is provided
under annual agreements or under 3 to 10 year long term
agreements.  Land owners may group together to solve soil and
water conservation problems and be eligible for up to $10,000
annually.  These group projects are known as pooling agreements.
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Conservation Reserve Program

     The Conservation Reserve Program was authorized by the Food
Security Act of 1985 and reauthorized by the Food and
Agricultural Trade Act of 1990.  ASCS administers the financial
and compliance provisions of the Conservation Reserve Program
(CRP).   Under the CRP, producers enter a contract to place highly
erodible cropland into a conservation reserve for a ten year
period.  The producer seeds the land to permanent cover to
control erosion.  Producer agree not to harvest, graze or crop
the land for ten years.  Acreage basis, allotments and quotas are
reduced proportionately for the ten year contract period.  A
significant change in the CRP program as of February 1988 allows
the inclusion of areas dedicated to a vegetative filter strip
along streams and permanent waterways.  This strip to be planted
to grass, shrubs or trees will normally be between 66 and 99 feet
in width and should substantially increase streambank stability
while substantially reducing sediments and nutrients and other
chemicals from reaching water courses.  Areas under CRP contract
as filter strips must have previously been cropland and do not
have to meet erodibility criteria of other CRP lands.


Rural Clean Water Program

     The experimental Rural Clean Water Program, authorized in
agricultural appropriations legislation for 1980  (93 Stat. 831)
and 1981 (94 Stat. 3095), provides cost sharing and technical
assistance for installing measures that control nonpoint source
pollution and improve water quality in rural America.  The
Federal cost share level for project areas is not to exceed 75
percent unless waived.  Participants enter into long-term  (3 to
10 years)contracts with the government.

Water Bank Program

     The Water 'Bank Program, authorized in 1970, provides that
persons having eligible wetlands in important migratory waterfowl
nesting, breeding, and feeding areas could enter into 10 year
agreements and receive annual payments for preventing the serious
loss of wetlands and  for preserving, restoring, and improving
inland fresh water and designated adjacent areas.

Soil Conservation Service

     The Soil Conservation Service administers three major
programs which provide financial assistance to projects which may
reduce pollution from nonpoint sources.  These programs are
Public Law 566, the Great Plains Conservation Program, and the
Resource Conservation and Development  Program.  The Tribes have
signed a Memorandum of Agreement with  the Soil Conservation
Service which outlines the types of technical assistance the

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Tribes can expect to receive from SCS concerning nonpoint source
pollution abatement activities on the reservation.

Great Plains Conservation Program

     The purpose of the Great Plains Conservation Program is to
conserve, protect,  develop,  and utilize the soil and water
resources of the Great Plains region.  Land users voluntarily
enter into long term contracts with the USDA to solve soil,
water, and related resource problems.  The legislation authorizes
assistance to farmers and ranchers to prepare and implement
conservation plans that control soil erosion and reduce the
effects of the severe and erratic Great Plains climate.
Appropriations for this program have remained fairly constant at
about $20 million annually over the last decade.

     The Great Plains Conservation Program is unique in several
respects.  First, it is targeted to a specific region of the
country — running north and south through parts of 418 counties
in 10 states from Montana and North Dakota to New' Mexico and
Texas.  Forty six of Montana's 56 counties are within the program
boundaries.  Second, it utilizes a conservation plan as a basis
for a long term  (3 to 10 year) contract between the private land
user and-the Federal Government.  Third, it focuses on total
conservation treatment of the entire operating unit as opposed to
individual field treatment.  Fourth, private land users receive
cost sharing as contracted for installing enduring conservation
practices and systems at rate not to exceed 80 percent of the
cost and up to a total of $35,000 per contract.  Fifth, it
provides for federal technical assistance to service the
contract.  Sixth, it commits the private land user to carry out
and maintain all treatments required, in the contract regardless
of whether or not they are cost shared.

Resource Conservation and Development  (RC&D)

     The SCS provides financial assistance to six Resource
Conservation and Development Area RC&Ds:  the Bitteroot, the
Central Montana, the Eastern Plains, the'Headwaters, the North
West Regional and the Beartooth.  These REC&Ds cover 38 counties
and can provide money and technical expertise for installing
projects which include erosion control, flood prevention and
water quality.  Financial assistance varies between 50 and 100
percent  for qualifying projects.  Loans for the part of projects
not covered by cost share are available through the Farm Home
Administration.  RC&Ds also provide valuable coordination  for
cooperation between individuals and units of government.   In
recent years, RC&Ds have been successful in obtaining grants for
conservation oriented projects from nontraditional funding
sources.  The Headwater REC&D has set up a grants library  to help
in the search for potential funding sources.


                                24

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Public Law 566

     Watershed Protection and Flood Prevention Act.  Under this
public law (83-566) projects can be multipurpose but the drainage
areas treated cannot be larger than 250,000 acres.  The SCS
provides technical assistance for planning and installing project
measures, pays the full cost of measures for flood prevention and
shares the cost of other measures.  Major water quality benefits
include control of flooding ,  erosion and siltation.  Loans for
the nonfederal portion of the se projects.up to ten million
dollars per project may be obtained from Farmers Home
Administration (FmHA).   Projects may include but are not limited
to activities such as reservoirs, canals, pipelines, and seeding.

Abandoned Mine Lands

     The Abandoned Mine Lands Bureau, Reclamation Division,
Department of State Lands (DSL) is authorized to expend funds
received from the federal Office of Surface Mining  (OSM) for
reclamation of lands disturbed by the mining of coal, uranium,
hardrock minerals and open cut minerals, respectively, left in
unreclaimed condition.   Public Law 95-87, Surface Mining Control
and Reclamation Act, Title VI, 1977 and Montana Code Annotated,
Section 82-4-239,323, and 424 authorize administration of the
program.  The Governor designated DSL to administer the program
on November 15, 1977. -The OSM approved the DSL plan on February
6, 1980.The OSM collects a federal tax of $0.35 per ton of coal
produced at the mine.  Fifty percent of the tax, approximately $5
million annually, is allocated to the state program.  Sites are
prioritized and reclaimed based on criteria specified in the
plan.

Fanners Home Administration

     The Farmers Home Administration  (FmHA) makes loans and
grants in rural areas.   Several of these below market rate loans
benefit water quality concerns,  soil and water loans are made to
individual fanners and ranchers to develop, conserve, and
properly use their land and water resources, and abate pollution.
Loans are also available to associations of land owners to
improve irrigation and other soil and water conservation
facilities.  Loans are authorized to supplement other programs of
the USDA such as the Small Watershed Protection and Flood
Prevention Act (PL566)  and the Resource Conservation and
Development  (RC&D) project activities.

Bureau of Reclamation

     Since its inception in 1902, the Bureau of Reclamation's
primary function has been developing irrigation projects in the
western United States through various programs to enhance the
farm economy.

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     A number of programs have been established to provide
assistance to irrigation districts for improved operation and
management of the projects.   Programs which may be applicable to
the Tribes' nonpoint source pollution program are generally a
combination of financial and technical assistance and are as
follows:

     1.  The Soil and Moisture Conservation  (S&MC) Program
provides assistance to irrigation projects for management of
project related erosion problems.  At the present time funding
for this program is limited; however, the program is capable of
providing assistance with control of sediment from Reclamation
irrigation projects.

     2.  Land Resource Management (LRM) Program is primarily
aimed at management of Federal lands around Reclamation
reservoirs.  This is the major program along with some S&MC
funds, used to control grazing, erosion,  and needed revegetation.

     3.  The Reclamation Reform Act requires that irrigation
districts with repayment or water service contracts developed
with Bureau guidance and assistance, plans for conservation of
water.
     4.  The Recreation Management Program has been used for
stabilization of lands in areas developed for recreation.

     5.  The LRM Program is also used for management of vehicular
uses, both on and off road on reservoir lands.  Closing of roads
and areas for off-road vehicular use depends on policy guidelines
and available funding.

     6.  The Rehabilitation and Betterment  (R&B) Program provides
loans and engineering design assistance for rebuilding, and
replacement of antiquated features of irrigation projects.  This
provides better management,  utilization,  and conservation of
water applied to irrigated croplands.

     7.  Reclamation is participating in the Department of the
Interior irrigation return flow water quality study.  This study
will provide background data concerning nutrients, pesticides,
and toxic metals, primarily selenium and arsenic in irrigation
return  flows.

     8.  The Bureau provides funds for basic data collection at
many of the USGS gaging stations and associated water quality
monitoring activities on the Fort Peck Reservation.

     9.  At the Tribes' request, the Bureau can provide technical
assistance in identifying problems associated with irrigation
projects.  This program may be available to assist in
establishing BMPs on irrigation projects.


                                26

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Environmental Protection Agency

     The Environmental Protection Agency provides financial
assistance to Tribes for activities related to nonpoint source
pollution control under several sections of the CWA.  Under
Section 319 of the CWA, financial assistance can be provided to
Tribes for the implementation of Tribal Nonpoint Source Pollution
Management Programs.. Section 319 asks that Tribes prepare a
comprehensive reservation wide nonpoint pollution assessment
report and a management program.

     Upon approval of the assessment report and management
program. Tribes are eligible for Section 319 grants from EPA to
assist in implementing the management program.  The federal share
of implementation grants shall not exceed 75 percent.  Eligible
implementation costs include costs of implementing regulatory or
non-regulatory programs for enforcement, technical assistance,
financial assistance, education, training, technology transfer
and demonstration projects.  Monitoring which is done to support
design of watershed level control programs or to evaluate a
particular implementation project is eligible.  General
assessment and planning activities as well as administrative
costs are not considered implementation.  Grants may also be
provided for protection ground water quality with the maximum
federal share set at 75%.

     EPA has been directed to give priority in making 319
implementation grants to nonpoint projects which will control
particularly difficult nonpoint source problems, implement
innovative control methods or practices, control interstate
nonpoint source pollution, or carry out groundwater quality
protection activities.

3.4  Roles of Agencies/Technical Assistance

     3.4.1  Federal

Soil Conservation Service  The SCS provides technical assistance
for the Farm Agricultural and Trade Act, the Great Plains, the
PL566 Small Watershed and the RC&D programs as explained
previously in the financial assistance section of this document.
There is additional technical assistance provided directly and
indirectly through several other programs.

     The SCS of the USDA provides technical assistance to
landowners and users throughout the nation without charge through
their conservation assistance program.  In this program the SCS
determines where conservation practices are necessary, prepares
conservation plans, designs specific practices and supervises and
certifies proper installation as appropriate.  They have
professional staff expertise in the following resource areas:
range, plant science, agronomy, biology, forestry, soils,

                                27

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archeology,  sociology, water resources,  hydrology and
environmental,  civil,  agricultural and hydraulic engineering.
Most of the BMPs for agriculture were selected from the Montana
SCS standards and specifications for conservation practices.

     The SCS operates a Plant Materials Center in Bridger,
Montana with primary emphasis on developing new plants for
conservation purposes.  Many of these materials can be used for
mine reclamation and stabilization of critically eroding areas
which can impact water quality.

     The SCS has the lead role in completing soil surveys on all
nonfederal land.  This information includes erosiveness of soils,
percolation and infiltration rates and many other parameters that
help managers plan appropriate BMPs that protect water quality.

     Snow survey is another program that has potential water
quality benefits.  The prediction of flooding and streamflow
potentials is useful in managing water levels in reservoirs to
minimize flooding damages and matching crops to expected
irrigation water availability.  Snow course information has also
added useful background information for pH.studies.


     3.4.2  State and Local

Montana Extension Service  The Montana Extension Service  (MES) is
part of a three-way partnership consisting of federal, state, and
county partners.  The Extension Service (ES) at the USDA  level
provides support for State Extension organizations by overseeing
the distribution of federal funds, by reviewing programs, and by
alerting states about federal priorities and programs.

     ES is the educational arm of the Department of Agriculture
with offices in most of the counties in the nation.  At the
county level, extension agents provide education information,
materials, publications, and advice in the major areas of
agricultural production and natural resources.

     MES involvement in the national Non Point Source  (NPS)
effort focuses on information and education programs that develop
awareness of (1) the nature, scope, and impacts of NPS pollution,
 (2) the need to employ the best management practices to reduce
NPS pollutant inputs to surface and groundwater and  (3) the
mechanisms to integrate such best management practices into  the
production systems.

Conservation Districts  There are 59 conservation districts  in
Montana.  The districts are legal subdivisions of state
government responsible under statute for soil and water
conservation activities.within their boundaries.  In carrying out
their responsibilities, districts develop and carry out long

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range programs that result in the conservation and improvement of
our soil and water resources, provide assistance in the planning
and application of conservation measures, and encourage maximum
participation of the general public and all local public and
private agencies to fulfill this purpose.  Conservation districts
represent about 15,000 cooperators totaling around 44 million of
the 61 million acres of private lands in the state.  These
numbers are increasing significantly because of the Food Security
Act and other responsibilities placed on districts.

     Conservation districts are the designated local management
agency for nonpoint source pollution control programs, in Montana.
The districts have been involved in water quality improvement
programs for many years.  Under the earlier Section 208 program,
for example, districts were instrumental in the statewide
nonpoint source assessment, in public education efforts and in
the development of local plans for nonpoint source pollution
control as well as the statewide 208 plan.

     Districts will play a vital role in the reservation NFS
program proposed under Section 319.  They will provide guidance
and assistance in the implementation of selected BMPs's by
district cooperators and will cooperate in a water quality
education program in an effort to decrease agricultural nonpoint
source pollution.

State of Montana Non Point Source Pollution Program  The Fort
Peck Tribes will participate in the State's NFS program when the
level of technical and financial needs exceeds the Tribal program
capabilities.  The Tribal NFS and the State NFS programs are
commensurate and will effectively protect all waters of the State
of Montana and the Fort Peck -Indian Reservation.


4.0  Formulation of Best Management.Practices

      Section 319 of the Federal Clean Water Act requires each
tribe to describe tribal and local programs for controlling
pollution from nonpoint sources.  There are numerous programs,
administered by a variety of agencies, which aim to control.
nonpoint source pollution.  County conservation districts are
designated the nonpoint source management agencies for non-
federal lands.  The program is intended to encourage adoption and
implementation of best management practices (BMPs).  Technical
assistance, education, demonstration projects, and financial
assistance are used to implement BMPs.

     The U.S. Department of Agriculture cost-share programs offer
financial incentives for implementation of best management
practices on agricultural lands on the Fort Peck Reservation.
The Corps of Engineers 404 Dredge and Fill Permit  Program
controls nonpoint source pollution resulting from

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hydromodification activities.   The Montana Salinity Control
Association,  a consortium of conservation districts in dryland
fanning area, provides educational and technical assistance to .
implement agricultural management practices to control saline
seep.  The Superfund program administered by the Environmental
Protection Agency offers the Potential for correcting nonpoint
pollution problems related to toxic and hazardous waste sites,
including some abandoned mine waste problems.

     The Tribal Water Resource Control Commission conducts water
quality monitoring, assesses and prioritizes nonpoint and point
source problems, develops solutions, and provides management of
these problems.  A priority list is kept of stream segments and
lakes that have assessed, man-caused water quality problems.  The
list is used to focus and conserve limited management resources.

     The following categories and subcategories of nonpoint
sources have been designated by EPA and used in this report.  All
but on Silviculture, have to some extent or another caused
impairment of Fort Peck Reservation waters.

     4.1.1  Agriculture
          Non-irrigated crop production
          Irrigated crop production
          Specialty crop production (e.g.,truck farming,or
                                     orchards)
          Pasture land  (Grazing)
          Feedlots - all types
          Aquaculture
          Animal holding/management areas
          Rangeland  (Grazing)
          Streambank erosion

     4.1.2  Construction
          Highway/road/bridge
          Land Development
          Streambank erosion

     4.1.3  Urban Runoff
          Storm sewers
          Combined sewers
          Surface runoff
          Streambank erosion

     4.1.4  Resource Extraction/Exploration/development
          Surface mining
          Subsurface mining
          Petroleum activities
          Streambank erosion
                                30

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4.1.5  Land Disposal (runoff/leachate from permitted areas)
          Sludge
          Wastewater
          Landfills
          Industrial land treatment
          On-site wastewater systems (septic tanks, etc)
          Hazardous waste

     4.1.6  Hvdromodi f i cat ion
          Channelization
          Dredging
          Dam construction/operation
          Flow regulation/modification
          Streambank erosion
          Removal of riparian vegetation
          Bridge construction
          Streambank modification/destabilization

     4.1.7  Other
          Atmospheric deposition
          Waste storage/storage tank leaks
          Highway maintenance and runoff
          Spills
          Natural


4.2.  Best Management Practices

     Categories, subcategories and specific sources of nonpoint
pollution of Fort Peck Reservation are listed in Table 4 of this
report, Section 319 of the Federal Clean Water Act requires each
tribe to describe its process for identifying the measures it
will use to control these categories, subcategories arid sources.

     Four nonpoint source categories are responsible for a
significant fraction of the threatened or impaired waterbodies on
the reservation:  Agriculture, hydromodification, mining, and
land disposal.  Active mining, land disposal, and
hydromodification activities are regulated under various
ordinances administered by the Tribal Council.  Best Management
Practices  (BMFs) have been developed and are identified in the
Fort Peck Non-point Source Management Plan.

     Fort Peck's Section 319 program will emphasize agriculture.
The process for identifying BMPs for this category will consist  j
of adopting USDA-Soil Conservation Service Field Office Technical^
Guide standards.


     4.2.1  Agriculture

     The BMPs selected from the SCS standards and  specification

                                31

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are currently in use by a majority of the producers on the
reservation (Table 4).   Additional BMPs addressing pesticide
application, fertilizer management and streambank stabilization
may need to be added.

     One or more BMPs known as a resource management system will
be selected for each land use within a targeted watershed.
Proper application of a resource management system will insure
the NPS pollution is minimized.   Cooperation agencies will
develop new BMPs if appropriate ones do not exist to solve a
specific problem.

     Utilization of agricultural BMPs for nonpoint source water
pollution control on Fort Peck is voluntary.  Success in solving
nonpoint source pollution problems- has been limited primarily to
smaller streams and projects.

     Cost-share programs are available to help pay the cost of
applying BMPs, but in most cases ranchers and fanners are unable
to provide matching funds.  319 program provides incentives to
help farmers and ranchers implement BMP's.  In cases of need,
Tribal sources may be used to augment implementation of BMP's.


Table 4        Agricultural Best Management Practices

                              SCS       Agricultural
Practice Name	Code	Subcateaorv

Access Road                   560       1,2,3
Bedding                       310         2,3
Channel- vegetation            322         2
Chiseling and subsoiling      324       1,2,3
Clearing and snagging         326       1,2,3,4
Conservation cropping
 sequence                     328         2,3
Conservation tillage          329         2,3
Contour Farming               330         2,3
Cover and green manure crop   340         2,3
Critical area planting        342       1,2,3,4
Crop residue use              344         2,3
Dam, floodwater retarding     402       1,2,3,4
Dike                          356       1,2,3,4
Diversion                     362       1,2,3,4
Emergency tillage             365         2,3
Farmstead and feedlot
 windbreak                    380             4
Fencing                       382       1,2,3,4
Field windbreak               392         2,3
Filter strip                  393         2,3
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Table 4,  cont.                          SCS  Agricultural
Practice Name	Code	Subcateaorv
Floodwater diversion
Floodway
Grade stabilization structure
Grassed waterway
Grasses and legumes in
rotation
Grazing land mechanical
treatment
Irrigation canal or lateral
Irrigation field ditch
Irrigation land leveling
Irrigation pit or
regulating reservoir
Irrigation storage reservoir
Irrigation system
Trickle
Sprinkler
Surface and subsurface
Irrigation system, tailwater
Recovery
Irrigation water conveyance
Ditch and canal lining
Pipeline
Irrigation water management
Land smoothing
Lined waterway or outlet
Livestock exclusion
Mulching
Pasture and Hayland mgt.
Pasture and hayland planting
Pipeline
Planned grazing systems
Pond
Pond sealing or lining
Proper grazing use
Pumped well drain
Pumping plant for
water control
Range seeding
Rock barrier
Runoff management system
Sediment basin
Soil salinity management
Soil Moisture mgt. for
saline seep
Spring development
Streambank and shoreline-
protection
400
404
410
412

411

548
320
388
464

552-A-B
436

441
442
443

447

428-A-C
430-AA-II
449
446
463
472
484
510
512
516
556
378
521-A-E
528
532

533
550
555
570
350
573

Interim
574

580
1,2,3,4
1,2,3,4
1,2,3,4
2,3

2,3

1
3
3
3

3
3

3
3
3

3

3
3
3
1,2,3,4
1,2,3,4
1,2,3,4
2,3,4
1,2,3
1,2,3
1,2,3,4
1
1,2
1,2
1
4

3
1
1,2, 4
4
1,2,3,4
2

2
1,2

1,2,3,4
                                33
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Table 4 cont'd                SCS       Agricultural
Practice Name	Code	Subcateaorv
Stream channel stabilization  584       1,2,3,4
Stripcropping
     Contour                  585         2
     Field                    586         2
     Wind                     589         2
Structure for water control   587       1,2,3,4
Stubble Mulch                 588         2
Subsurface drain              606         2,3,4
Subsurface drainage
     Field ditch              607           3
     Main or lateral          608           3
Tall Wheatgrass Barriers      Interim     2
Terrace                       600           3
Toxic salt reduction          610         2,3
Trough or tank                614       1,    4
Table 4 continued. . .
Waterspreading                640       1,  3
Well                          642       1,2,3,4  '
Windbreak renovation          650         2

AGRICULTURAL SUBCATEGORIES

1.  Rangeland/Grazing
2.  Dryland
3.  Irrigated
4.  Feedlots/Animal Holding

     4.2.2  Hvdromodi f i cat ion

     Best Management practices for hydrologic and habitat
modification often relate directly to other categories of
nonpoint source pollution.  For example, grazing practices may
impact stream hydrology by changing seasonal flow patterns and
water yield.  Agricultural activities may involve placement  of
irrigation diversions in streams.  The majority of
hydromodification activities on Fort Peck are regulated under
tribal ordinance and/or Section 404 permits.
                                34

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Funding Sources

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Potential Tribal Funding Sources

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                    POTENTIAL TRIBAL FUNDING SOURCES

FEDERAL SOURCES

United States Environmental Protection Agency (USEPA). USEPA provides financial assistance to tribes
for activities related to nonpoint source pollution control under several sections of the Clean Water Act
(CWA), including Section 319.  For more information contact Amy Gambrill at (202) 260-7105.

USEPA also provides funding through Section 106.  This funding varies by region and has been used to
develop and implement 319 programs. Projects conducted with this funding include mitigation, offsite water
wells, and cross fencing.

USEPA offers funds through the General Assistance Program.  In 1997, $28 million is available for
program development projects.  These funds are flexible and can be used for a variety of projects, including
developing  a 319 program.

In addition, USEPA offers funding through the CWA Section 104B(3) National Pollutant Discharge
Elimination System (NPDES) Set-aside Program. This funding is available for watershed coordination
projects and projects that integrate point and nonpoint source pollution prevention.

USEPA also provides funding through its Sustainable Development Challenge Grant Program.  This
program was initiated in FY 1996 with $500,000 in funds, and at least $500,000 will be available in FY
1997. The  grant program is designed to encourage community involvement in environmental improvement
projects. For more information contact the  Office of Sustainable Development Challenge Grant Program at
(202) 260-9365.

USEPA's Pollution Prevention Office and the U.S. Department of Agriculture (USDA) jointly fund the
Agriculture in Concert with the Environment Program. This program is intended to promote the adoption
of sustainable practices and reduce the misuse of nutrients and pesticides. In 1996, $ 1 million in funding was
offered for sustainable agriculture projects.  For more information contact Rhonda Miller at (801) 797-0351.

United States Department of Agriculture  (USDA).  USDA provides financial assistance to tribes through
several programs.  The Environmental Quality Incentives Program (EQIP) is new money offered through
the Farm Bill Amendments of 1996. This program has been used for tribal projects such as a pipeline project
to reestablish riparian areas on Fort Peck tribal lands. The Agricultural Stabilization and Conservation
Service (ASCS) administers cost share programs that provide partial funding for best management practices
(BMPs) that reduce erosion, reduce sediment delivery, or conserve water.  ASCS also administers the
Conservation Reserve Program, which encourages placing highly erodible cropland into conservation
reserves and also supports the establishment of vegetative filter strips on cropland along streams and
permanent waterways.

The Sustainable Agriculture Research and Education (SARE) Program is  funded through USDA's
Cooperative State Research, Education, and Extension Service to encourage agricultural research. Funding is
provided for projects that maintain and enhance the quality and productivity of soil resources; conserve soil,
water, energy, natural resources, and fish and wildlife habitat; and maintain  and enhance the quality of surface
and ground  water. One million dollars is expected for funding annually.  For more information contact
Rhonda Miller at (801) 797-0351.

Tribal Nonpoint Source Workshop                                                  February 25-26, 1997

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The Farmers Home Administration, funded through USDA, offers loans and grants in rural areas. Soil and
water loans are made to individual farmers and ranchers to develop, conserve, and properly use their land and
water resources, as well as abate pollution. Loans are also authorized for associations of landowners to
improve irrigation and other soil and water conservation facilities.

The Natural Resources Conservation Service (NRCS), as part of USDA, administers three major programs.
One NRCS funding program is the Resource Conservation and Development (RC&D) funding, which has
been used for projects dealing with erosion control, flood  prevention, and maintaining water quality.  Another
NRCS program is the Great Plains Conservation Program. This program was established to conserve,
protect, develop, and use the soil and water resources of the Great Plains region.  NRCS also administers the
Watershed Protection and Flood Prevention Act, Public Law 566. Under this act funding can be acquired
for flood prevention and other BMPs for lands in drainage areas smaller than 250,000 acres.

Bureau of Indian Affairs (BIA).  B1A offers funding through several sources.  Section 638 funds lose their
federal identity as soon as they are received by a tribe, thereby enabling tribes to use this funding as part of
their cost share. Funding through section 638 has been used to successfully conduct nitrate contamination
studies on an agricultural land area. An additional BIA funding source is the Range Improvement Fund, a
relatively small set-aside that can be accessed through proposals. For more information contact the BIA
Environmental Services Department at (202) 208-3606.

United States Geological Survey (USGS).  Funding has been obtained from USGS by the Fort Peck Tribes
for a ground water project entailing a nitrate contamination study of an agricultural land area and outreach
activities.

United States Fish and Wildlife Service (USFWS).  USFWS offers a grant program for which tribes are
eligible. This program can be used for projects such as installing fencing, drilling wells, and constructing
dams.

STATE SOURCES

For the state of Montana, funding was secured for tribal projects through the state's  Water Quality Bureau,
Nonpoint Source Branch.  Funds were applied to a ground water project in which a nitrate contamination
study was conducted on an agricultural land area. The state extension service is also contributing to the
project by assisting with the outreach component.

LOCAL SOURCES

Universities. Universities are a potential resource for technical assistance on projects.  Montana State
University is assisting the Fort Peck Tribes with a ground water project by gathering a portion of the ground
water data and by modeling all data compiled for the project.

Ducks Unlimited.  Ducks Unlimited provides funding for streamside restoration projects  and projects that
enhance wetlands and riparian areas. Ducks Unlimited and the Yakima Tribe in Washington formed a
partnership and successfully completed a $ 1 million project.  For more information contact Eric Schenck at
(202) 347-1530 or Larry Brooks at (701) 228-5457.
Tribal Nonpoint Source Workshop                                                   February 25-26, 1997

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The Nature Conservancy (TNC).  TNC has worked with tribes in the midwestern and western regions of the
country.  TNC and a tribal representatives of the Bad River Indian Reservation in Wisconsin formed a
partnership to develop a conservation program for a portion of the Bad River. The TNC Western Regional
Office has also completed several projects with tribes in the West. For more information contact Linda Lee
at(303)444-1060.

TRIBAL SOURCES

Tribal Banks. The Blackfeet National Bank in Browning, Montana, offers loans for tribal projects
nationwide.  For more information contact Jack Kelly at (406) 338-7000.

Tribal Casinos.  Tribal casinos offer grants for tribes for small business ventures and for environmental
projects (e.g., Pequot Tribe in Connecticut).

Tribal Colleges. Tribal colleges receive funds through USDA as part of the 1994 Land Grant Institutions
Act. Twenty-nine tribal colleges are eligible to receive interest from an endowment program to put toward
educational purposes.  In addition, $50,000 is  available annually for each tribal college to conduct food and
agriculture projects. Extension work is also conducted at the tribal colleges through the USDA Extension
Activities Office.  The scope of the extension programs includes agriculture; community resource and
economic development; family development and resource management; 4-H and youth development;
leadership and volunteer development; natural resources and environmental management; and nutrition, diet,
and health. A new program is planned to be funded in 1997. This program is intended to provide $2 million
to tribal colleges for a broad range of projects, including environmental and agricultural projects. For more
information contact Joan Gill at (202) 720-6487.
TribalNonpointSource Workshop         •                                          February 25-26, 1997

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Summary of EPA's Indian Program
             Funding

-------
                UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                               WASHINGTON. D.C. 20460
                                   FEB -6 1997
                                                                            OFFICE OF
                                                                             WATER
NOTE TO:   Members of the Tribal Caucus, EPA Tribal Operations Committee


       I am pleased to provide you with a report on the 1998 President's Budget for the
U.S. Environmental Protection Agency (EPA), which was released today by EPA Administrator
Browner at a press conference in Washington, DC. I believe the 1998 President's Budget shows
the Administrator remains firm in her commitment to continue building a strong EPA/Tribal
partnership and improving public health and the environment in Indian Country.

       EPA proposes to increase grants to Indian Tribes for developing and implementing Tribal
environmental programs by $31 million, from $46 million in 1997 to $77 million in  1998.  (For
comparison, a total of $18 million was available for program grants to Indian Tribes in 1994.)
The most significant increases are as follows:

o      a $10.6 million increase in grants to Tribes under the Indian Environmental General
       Assistance Program (GAP) Act, from $28 million in 1997 to $38.6 million in 1998, for
       planning,  developing and establishing the capability to administer multi-media
       environmental programs;

o      a $9.8 million increase in grants for Tribal water quality management programs, from
       $5 million in 1997 to $14.8 million in  1998;

o      a $3.8 million increase in grants to Tribes for supervising public drinking water systems,
       from $2.7 million in 1997 to $6.5 million in 1998; and

o      a $4.3 million increase in grants for Tribal Air Programs,  from $5.9 million in 1997 to
       $10.2 million in 1998.

Attachment 1  shows the State and Tribal requests for each of the seventeen EPA program
assistance grants.

       Funds for Tribal water sanitation projects would total $30.6 million in 1998, including
$10.9 million for Indian drinking water needs. (This amount, by  law, is 1.5% of the EPA monies
for drinking water infrastructure.) $5.4 million would be available  for Tribal wastewater projects.
(This amount, by law, is 0.5% of EPA's wastewater infrastructure fund.) EPA would use an
additional $14.4 million to fund water sanitation projects for Alaska Tribes.
             Rซcyded/R*cyclabl* . Printed with Vegetable Ol Based Inks on 100% Recycled Paper (40% Posleonsumer)

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       Complete information is not available yet on EPA's in-house resources for program and
technical assistance to Tribal environmental programs, for overseeing Tribal grants, and for direct
implementation of federal environmental programs in Indian Country.  We will send you this
information as soon as it is available.
      Finally, I have attached excerpts from the summary of the 1998 EPA Budget released
       These excer
Program highlights.
today.  These excerpts provide an overview of the complete EPA budget and softie Indian
       I hope you will find this information to be useful. Please do not hesitate to call me at
(202) 260- 1 489 if you have any questions.

                                              Sincerely,
                                              Tom Wall, Acting Director
                                              American Indian Environmental Office
Attachments

cc:     Kathy Gorospe, AEO Director Designate
       EPA Senior Indian Program Managers
       EPA National Indian Workgroup

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O
P
     ERA'S INDIAN PROGRAM
   $120


O  $100
•••ง
••••
   $80

   $60

   $40
 3
—  $20
$0
'President's Request
wu
$99 •
$35



$51


$85





/
        '94
          '95    '96

        Fiscal Years
'97

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EPA'S  INDIAN PROGRAMS
                             (Dollars in Thousands)
   WATER QLTY/DW

   WATER INFRASTRUCTURE

 '  AIR QUALITY

   HAZ/SOLID WASTE

   PESTICIDES

   TOXIC SUBSTANCES

# MULTIMEDIA
               •
   LUST

   SUPERFUND

   MANAGEMENT & SUPPORT
FY 1995   FY 1997
Actuals   Pres. Bud,

  $9,620    $12,720

 $18,901    $30,000

  $1,599    .$9,343

.  $3,179    $5,812
   tp56
 $1
          $1,080

           $984
     'I-   $33,479

•   ......I    $1,283

 $2,o41    $3,955

  $191     $103

$51,896   $98,759
   Because FY 1 996 budget authority is not yet determined, pending enactment of an
   FY 1996 appropriations bill, resources for FY 1996 do not appear in this table.  ;
                                                     .
  The multimedia account includes $28 millioTfar General Assistance Program Grants.

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           In 1998, The Agency's Budget Trials $7.6 BiUion
  D Operating Programs
  E2 Trust Funds
  tZ3 Water Infrastructure
                           S7.558M
                                            $7,645 M
  $6,515 M $6,459JK
                     $6382 M
                              $5,568M
                           $2,662
                                              I
                                             $6,799 M
                                                $6.281 M
                                       .... • .'. . ซ. .ป-—t -   ,„., t-*tj- ป^Tj
    1991
1992
1993
1994
                                     1995
                           1996
1997
1998
Notes: State, Local, and Tribal grants previously captured in the Operating Programs
        ytvwnitod far in Water TnfipgginirLiiro hAgi^Tiing in IQQfi
           The Agency's W>rkyear Ceiling Increases in 1998
   r~i Operating Programs
   0 Trust Funds
    16,415
   12,814
            13,291
                 W
               0   17,106    17,508^  17,082  y
               Tly     A/     / /     Af-
                      13,575
                  13,330
                               3.776
                                        13,801
                                                 13,580
                                                 X/x'x'
                                                           17,951    Ifi^
                                              14,207
                                             14,409
                                                                   13,874
1991     1992
1993     1994
                                         1995
                                      1996
                                     1997
                                     1998
                                      8

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Attachment 2
 Summary of EPA Resources Provided Directly to Tribal Governments
                    FY 1997 President's Budget
      Financial Assistance for Tribal Programs
GAP Grants
$28,000.00
Water Quality (section 106)
$4,964.00
WQ Cooperative Agreements
$1,000.00
Wetlands Grants
$915.00
Nonpoint Source Grants
$330.00
Drinking .Water (PWSS) Grants'"
$2,700.00
Underground Injection Control
$525.00:
Air  Grants (Section 105)
$5,882.00
Pesticides Program Grants
$644.00
Underground Storage Tanks
$450.00
    SUBTOTAL
$45,410.00
    Financial Assistance for Water Infrastructure
Alaska Native Villages
$15,000.00
Drinking Water SRF Set-Aside
$8,250.00
Clean Water SRF Set-Aside
$6,750.00
    SUBTOTAL
$30,000.00
    TOTAL
$75,410.00
 *  A portion of Public Water System Supervision Grants and Underground
 Injection Control Grants are used by EPA to directly implement Federal
 Environmental laws on Tribal lands.

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ENVIRONMENTAL PROTECTION AGENCY
SUMMARY OF AGENCY RESOURCES
- *: __,.;_ . (DOLLARS IN THOUSANDS) __
tJiT"; : ,
Environmental Programs al Management
• Air
• Water Quality
-Drinking Water
- Hazardous Waste
-Pesticides
-Radiation
- Multimedia
--Toxic Substances
' Support
— ^Tlfrn^TTll pnfin"H""^^^v ^^ niiiiiuirt.
State, Local, and Tribal Grants (STAG)
Buildings and Facilities
Science and Technology
Office of the Inspector General (OIG)
Oil Spills
SUBTOTAL OPERATING PROGRAMS
Hazardous Substance Response
Trust Fund (Superfund)
OIG Superfund
Superfund Research
SUBTOTAL SUPERFUND
s -
T .Pairing TTnHnrgroand Storage
Tank Trust Fond (LUST)
OIG LUST
SUBTOTAL LUST
Water Infruiilrucluie Financing (STAG)
GRAND TOTAL
1997
CURRENT
ESTIMATE
$253,206.4
272,847.4
94,512.9
174,007.3
104,526.1
17,689.2
274,818.7
78,892.8
[242,540
[239,180..
481,720.2
$674,207.0
$87,220.0
$552,000.0
28,500.0
15,000.0
$3,109,148.0
$1,348,245.0
11,000.0
35,000.0
$1,394^45.0
$59,423.0
577.0
$60,000.0
$2^36,000.0
$6,799,393.0
80
1998
PRESIDENTS
BUDGET
$312,980.3
274,865.4
105,317.9
181,061.2
105,824.5
16,846.5
307,425.1
86,397.0
[249,663.9]
[247,209.1]
496,873.0
$715,257.0
$141,420.0
$614,269.4
28,500.0
15,000.0
$3,402,037.3
$2,042,847.8
1L64L3
39,755.9
$2,094^45.0
$71^10.7
0.0
$2,078,000.0
$7,645,493.0
1998-1997
DD?FERENCE
TOTAL
+$59,7735
+2,018.0
+10,805.0
+7,053.9
+1^98.4
•842.7
+32,606.4
+7,504^
[+7,123.9]
[+8,028.9]
+15,152.8
+$41,050.0
+$54,200.0
+$62,269.4
0.0
0.0
+$292,889.3
+$694,602.8
+64L3
+4,755.9
+$700,000.0
+$11,787,7
-577.0
+$11,210.7
4158,000.0
+$846,100.0

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Outreach Information

-------
Getting in Step

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             Getting in Step - A Pathway to Effective Outreach in Your Watershed
              Charlie MacPherson
              Public Outreach Coordinator
              Tetra Tech, Inc.
              10306 Eaton Place, Suite 340
              Fairfax, Virginia  22030
              (703) 385-6000
Barry Tonning
Nonpoint Source Project Director
Gateway District Health Department
Gudgell Avenue
Owingsville, Kentucky 40360
(606) 674-6396
Getting In Step

Is your message being heard? Is it being heard by the people who need to hear it? The key to
successful outreach is targeting your message to a specific audience and getting the audience to
respond to your message.

There is a definite pathway, or process, to follow to achieve effective outreach in your watershed.
How many times has your organization started to do a fact sheet or a newsletter before deciding what
they want to say and who they want to say it to?  By following the pathway, your organization can
prepare targeted outreach materials to satisfy the goals and objectives of your program.

This session will review the basic building blocks to effective outreach and then focus on enhancing
outreach materials and using the media to get your message out.

Building Blocks

There are six essential building blocks to effective
outreach. Each block builds on the previous block and
each block is essential to achieving the desired result.

Block 1.  Define Your Objective.
First you must decide what you want to accomplish.
Your objective should be specific and results-oriented.
The more specific you make your objective, the easier it
will be to develop your message, identify your target
audience, and evaluate the success of your outreach
efforts.  For example, if you state your objective as
"Teaching the general public about nonpoint source
pollution," you will have a very difficult time evaluating
the  success of your efforts due to the vague objective and
unwieldy target audience.  Restating your objective as
"Educate homeowners with lawns about proper techniques
for  fertilizer application to reduce the amount of nitrogen
and phosphorus runoff into nearby streams" will help
target your message and increase the likelihood of  the
audience hearing the message.
            EVALUATION
         MESSAGE
         "TARGET
         AUDIENCE
                OBJECTIVE

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Block 2.  Identify Your Target Audience.
Once you have defined your objective, you must decide who you are trying to reach. Chances are
you will identify several different target audiences for each objective.  The more specific you make
your audiences the easier it will be to develop a targeted message for that audience.  Once you have
identified your audience, you need to collect information about the members of that audience—their
demographic make-up, knowledge of the message, and attitudes about/perceptions of the message and
the various communication channels  they use.  You will use this information to develop a message
that is targeted to your audience's needs and use formats that they are likely to encounter.

Several resources are available for collecting this information. In addition to the Census Bureau or
marketing research firms, resources include the following:

Focus Groups:        Ask five to seven members of your target audience to participate in a 1- to 2-
                      hour facilitated discussion of the issues. Make sure your facilitator is well-
                      versed on the issues.

Convenient Samples:   Identify where you can easily access your target audience and ask  a subset
                      population a  series of questions to gain insight.  For example, if you  want to
                      find out about habits of people who change their own oil, an auto parts store
                      might be a good place to find members of your target audience.

Trade Associations:    Talk to trade associations to gather information about their members.  For
                      example, boating associations can provide insights as to why their members
                      sometimes discharge their sewage into coastal waters instead of using pumpout
                      stations. You might discover that most boaters are unaware  of pumpout
                      locations, leading you to develop a message that includes locations of the
                      pumpout stations in the area.

Block 3.  Develop Your Message.
Now that you  are armed with all kinds of background information on your target audience, you are
ready to develop the message.  The message you send out should not be your objective. Your
message will help you to meet your objective, but your message should be very  specific, show a
benefit to your audience, and be action-oriented.  Put yourself in the position of your target audience
and ask yourself the questions they will ask:  "Why should I care about this? What's in it for me?"
Specific benefits for your audience might include: it's free, it's convenient, it improves health, it's
the law, it saves time, or it saves money.  When educating homeowners about wasting water  through
leaky toilets, mention the dollar amounts the consumer pays per day for a leaky  toilet in addition to
the fact that it depletes natural resources.

Block 4.  Prepare Your Formats.
How are you going to display your message?  To achieve maximum impact, several  different formats
should be used.  Formats include print materials such  as fact sheets, newsletters, flyers, and posters;
promotional items such as magnets, bumper stickers, rulers, and tote bags; and media outlets such as
radio and TV public service announcements, and news stories.

To help determine your format, decide what you want your audience to do with the message.  Are
they to read it once and then throw it away?  Then a flyer produced on recycled paper might be the
way to go.   For messages that you want your audience to refer to repeatedly, refridgerator magnets

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are an inexpensive format that keeps a message visible.  Promotional items, which can be given away
at events and festivals, spread your message and increase recognition of your organization's name.
Radio and TV public service announcements are useful formats to announce upcoming events or the
release of an important environmental report.  Use these outlets sparingly, making sure your messages
are time-sensitive and will appeal to a large audience.

Block 5.  Identify Distribution Mechanisms.
Often the flyer or fact sheet has been printed before anyone asks, "How are we going to get this to
our target audience?" It is important to know the distribution mechanism for your message before
you develop any outreach materials.  This mechanism  will affect your budget planning (postage costs
add up), the design of your format, and the selection of trade associations or organizations to  be used
in disseminating the message.

Possible distribution mechanisms include mail, trade associations, community organizations, door-to-
door  dissemination, phone calls,  events, mass transit, billboards, and media outlets.

Phone directories for the United  States  are now available on CD ROM that allow you to target your
audience by ZIP code,  as well as through a variety of  coded trade associations.

Block 6.  Develop and Conduct Your Evaluation.
How  do you know if your outreach effort worked or, more importantly, didn't work? It is critical to
assess your efforts and to evaluate specific components to improve or modify your future outreach
efforts. Review your objective and turn it into a question. If your objective was to recruit new
members for your volunteer monitoring organization, your question would be "Did we recruit new
members for our organization?"  Then, if the answer is yes, you can make your evaluation more
specific:

       •  How many new members  did we recruit?
       •  Were the new members from our target audience?
       •  Did the target audience see our message?
       •  Did the target audience understand our message?

Once you know the questions to ask, select the techniques that will provide the answers.  Phone
surveys and questionnaires are commonly used to  solicit information from the target audience.

By using these building blocks you can build a pathway to successful outreach in your watershed!

Eye-Catching Outreach Materials

Once you have chosen your formats to get your message out, how can you maximize the chance that
your target audience will see and respond to your  message? Through the use of design, graphics,
photographs, hooks, and text, you can easily and cost-effectively enhance your materials to grab
people's attention.

Design
When designing your outreach materials, use restraint.  There are lots of creative ideas out there,  but
select only two or three elements to use on a piece.  The use of white space will greatly enhance the
overall look. Think of white space as a graphic in and of itself. Fonts  are increasingly used as
design elements in addition to text.  Fonts can be stretched, wrapped, reversed, enlarged, turned

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sideways, or repeated to create visually appealing materials. When designing pieces, try to adhere to
the 2/3 vs. 1/3 rule: fill 2/3 of your page with graphics and only 1/3 of the page with text.
Graphics
Graphics should be used whenever possible to highlight concepts, break up blocks of text, and create
areas of white space.  Make your graphics large enough to have impact.  When using graphics, be
sure they photocopy well.  Line drawings work best.  If you have a limited graphics library, repeat
the same graphic across the page or vary the size of the graphic and group them together. Be careful
about using several different graphics of the same size on a page. This diminishes the impact of all
of the graphics on  the page.

Photographs
Photographs can be incorporated into outreach materials, but make sure that each photograph will
reproduce well and is relevant to the piece. It is much better to use a clear line drawing than to use a
fuzzy, washed-out  photo.  Photos of people are usually best.  Most people love reading about other
people.  Again, if your material will be photocopied, photographs might not be your best choice.

Color
Use color.  At the  very least use colored paper for your fact sheets and flyers.  You are competing
with lots of printed information out there and color gets you noticed.  Paper has come a long way in
terms of the available recycled paper choices as  well as colors that photocopy well.  If you are
planning to print a flyer or brochure in black ink, for a small additional charge you can print in a
colored ink.  Blue, purple, and green work best for pieces with a large amount of text.  Two-color
printing provides a good balance of artistic creativity at a reasonable cost. By overlapping the two
colors you can create a third color, and the use of screens and halftones provides various shades of
color. Four-color printing  is the most expensive color process, but it can also be the most eye-
catching.  Four-color printing is particularly effective on maps and posters.

Hooks
Several techniques  can be  used to engage readers if your message is lengthy and you want to "hook"
them in.  To  involve the reader, try starting off with a startling question such as "Are you poisoning
your water?"   Humor works well too.  Most people enjoy games, so instead of explaining the
information, display it as a game or contest.  For example, phrase your information in the form of
true/false questions, have the reader find 10 examples of pollution in an illustration, or design a
crossword puzzle with nonpoint source pollution clues.

Text
Many people spend a great deal of time preparing graphics and producing an award-winning layout
only to plop in text that is  wordy and uninteresting.  Spend time making your text come  alive to your
readers.  Once the  text is written, take the time to shorten it.   Avoid the use of acronyms and highly
technical words.

Using the News Media

News media coverage of water quality monitoring or remediation projects provides an inexpensive
venue for informing and educating the public on problem issues and the management and behavioral
practices recommended to  resolve them.

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Unfortunately, much of the current media coverage of water quality projects involves a heavy focus
on peripheral matters (personalities, events, etc.) and little explanation of specific problems, the
science behind the problems, and strategies to address the problems.  For instance, a story on the
installation of a livestock waste-handling system usually discusses the producer, his operation, his
family, and so forth, with little information on how the nutrients and pathogens in manure affect
surface and subsurface water supplies, or how the new system will help the situation.

Keeping the public informed on these issues through the news media is relatively simple.  Only two
things are required.  First and foremost, developing a relationship with the appropriate reporter(s)
will help foster an understanding of your monitoring group, its objectives, and the problems revealed
by the data collected in the field:  Second, keep in mind that the news always has to  be new.
Educational information on water quality issues must  be accompanied by some sort of "news nugget"
that is current, affects many people, involves an interesting local personality, has unique appeal, or
relates the local situation to regional, state, or national issues.

The general format for these educational news releases is the "news nugget" (think of what the
headline will say—that's the news  part), followed by an explanation of how the nugget affects water
quality.  For example, a story on a new oil recycling  program at a local service station could be
followed by a discussion on the toxic content of used  motor oil, the fact that many people are still
disposing of oil improperly, a review of the pathways dumped oil takes to water bodies, and the
impact on aquatic life (and drinking water sources) that follows.

Develop a relationship with reporters.  Taking them out on monitoring trips, for example, and
providing a steady stream of timely news releases will add to your organization's credibility, improve
public understanding of water quality issues, provide a boost for the troops in the field, and  aid in
volunteer recruitment.

When you discuss scientific issues in news releases, it is very important not to get too technical.
"Phytoplankton" are "algae" to the general public; "nutrients"  are "algae-feeding substances"; and
"nonpoint source" should be  referred to as "runoff."  Remember that  reporters are usually juggling
four or five stories at once, so don't load them down  with a lot of reports or reams of data.  They
won't read more than two or three pages, so the object is to condense and simplify your message.  It
helps to hit the various problems (nutrient loading, sedimentation, streambank destruction, etc.) from
several different angles throughout the year because reach x frequency = results.  You can't tell them
just  once that riparian vegetation is a good thing, just as soda pop companies don't ask you only once
to by their products. Promoting clean water in the news media is an ongoing affair...

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Nonpoint Pointers

-------
                         United States
                         Environmental Protection
                         Agency
                                                 Office of Water
                                                 (4503F)
          EPA-841-F-96-004A
          March 1996
<&EPA          Nonpoint Pointers
                         Understanding and managing nonpoint source pollution in your community
            Nonpoint Source
            Pollution:  The
            Nation's  Largest
            Water  Quality Problem
  Why is there still water that's too dirty for swimming, fishing, or drink-
ing? Why are native species of plants and animals disappearing from many
rivers, lakes, and coastal waters?
  The United States has made tremendous advances in the past 25 years to
clean up the aquatic environment by controlling pollution from industries
and sewage treatment plants. Unfortunately, we did not do enough to
control pollution from diffuse, or nonpoint, sources. Today, nonpoint source
(NFS) pollution remains the Nation's largest source of water quality prob-
lems. It's the main reason that approximately 40 percent of surveyed rivers,
lakes, and estuaries are not clean enough to meet basic uses such as fishing
or swimming.
  NPS pollution occurs when rainfall, snowmelt, or irrigation runs over
land or through the ground, picks up pollutants, and deposits them into
     rivers, lakes, and coastal waters or introduces them into ground water.
        Imagine the path taken by a drop of rain from the time it hits the
       _^__^______^-___—__   ground to when it reaches a river,
  The most common NFS pollu-
  tants are soils and nutrients
  that wash into water bodies
  from agricultural land,
  construction sites, and other
  areas of disturbance.
                                 ground water, or the ocean. Any
                                 pollutant it picks up on its journey
                                 can become part of the NFS
                                 problem. NFS pollution also
                                 includes adverse changes to the
                                 vegetation, shape, and flow of
                                 streams and other aquatic systems.
                                     NFS pollution is widespread
————^—————^—^—   because it can occur any time
activities disturb the land or water. Agriculture, forestry, grazing, septic
systems, recreational boating, urban runoff, construction, physical changes
to stream channels, and habitat degradation are potential sources of NFS
pollution. Careless or uninformed household management also contributes
to NFS pollution problems.
      The latest National Water Quality Inventory indicates that agriculture
is the leading contributor to water quality impairments, degrading 60
percent of the impaired river miles and half of the impaired lake acreage
surveyed by states, territories, and tribes. Runoff from urban areas is the
largest source of water quality impairments to surveyed estuaries (areas
near the coast where seawater mixes with freshwater).
                                                                series
                                                                of fact sheets
                                                                on nonpoint
                                                                source (NPS) pollution
                                                                 Three Leading Sources of
                                                                 Water Quality impairment
                                                                Rank
    Rivers
                                                                    Agriculture
    Municipal
    point
    sources
    Stream/
    habitat
    changes
Lakes
            Agriculture
 Municipal
 point
 sources
Urban runoff
Estuaries
         Urban runoff
 Municipal
 point
 sources
Agriculture
", Source: Natfamd Water QoaBty Inventory, 1994;";
                                                                 NPS pollution occurs when
                                                                 water runs over land or through
                                                                 the ground, picks up pollutants,
                                                                 and deposits them in surface
                                                                 waters or introduces them into
                                                                 ground water.

-------
 RELATED PUBLICATIONS

•  Additional fact sheets in the
   Nonpoint Pointers series
   (EPA-841-F-96-004)
•  EPA Journal, Vol: 17, No. 5,"
   Nov/Dec1991,(EPA-22K-
   1005)
•  Managing Nonpoint Source
   Pollution: Final Report to
   Congress on Section 319 of
   the Clean Water Act (EPA-
   506/9-90)
•  NPS News-Notes (EPA-841 -
   N-92-003)
•  Polluted (EPA-841-F-94-
   005)
•  The Quality of Our Nation's
   Water: 1994 (EPA-841-S-95-
   004)
•  The Watershed Protection
   Approach (EPA-503/9-92/
   002)

To order any of the above EPA
documents call or fax the
National Center for Environmen-
tal Publications and Information.
Tel (513)489-8190
Fax (513)489-8695
FOR MORE INFORMATION

U.S. Environmental Protection
Agency
Nonpoint Source Control Branch
Washington DC 20460

Internet Address:
http://www.epa.gov/owow/nps/
index.html
                 Schematic of a Watershed


   The most common NPS pollutants are sediment and nutrients. These
wash into water bodies from agricultural land, small and medium-sized
animal feeding operations, construction sites, and other areas of distur-
bance. Other common NPS pollutants include pesticides, pathogens (bacte-
ria and viruses), salts, oil, grease, toxic chemicals, and heavy metals. Beach
closures, destroyed habitat, unsafe drinking water, fish kills, and many
other severe environmental and human health problems result from NPS
pollutants. They also spoil the beauty of healthy, clean water habitats. Each
year the United States spends millions of dollars to restore and protect i
areas damaged by NPS pollutants.

Progress
   During the last 10 years, our country has made significant headway in
addressing NPS pollution. At the federal level, the Nonpoint Source Man-
agement Program was established by the 1987 Clean Water Act Amend-
ments, and the Coastal Nonpoint Pollution Program was established by the
1990 Coastal Zone Act Reauthorization Amendments. Other recent federal
programs, as well as state, territorial, tribal and local programs also tackle
NPS problems.
   In addition, public and private groups have developed and used pollu-
tion prevention and reduction initiatives and NPS pollution controls, known
as management measures, to clean up our water efficiently. Water quality
monitoring and environmental education supported by government agen-
cies, tribes, industry, volunteer groups, and schools have provided  informa-
tion about NPS pollution and have helped to determine the effectiveness of
management techniques.
     The watershed approach has also helped communities. It looks not
only at a water body but also the entire area that drains into it. This allows
communities to focus resources on a watershed's most serious environmen-
tal problems—which, in many instances are caused by NFS pollution.
     Just as important, more citizens are practicing water conservation
and participating in stream walks, beach cleanups, and other environment
activities sponsored by community-based organizations. In doing so,
citizens address the Nation's largest water quality problem, and ensure that
even more of our  rivers, lakes, and coastal waters become safe for swim-
ming, fishing, drinking, and aquatic life.

-------
                        United States  .
                        Environmental Protection
                        Agency
                                             Office of Water
                                             (4503F)
        EPA-841-F-96-004B
        March 1996
                        Nonpoint Pointers
                        Understanding and managing nonpoint source pollution in your community
            Opportunities for
            Public Involvement in
            Nonpoint Source  Control
   Over the last 25 years, communities have played an important role in
addressing nonpoint source (NFS) pollution, the Nation's leading source of
water quality problems. When coordinated with federal, state, and local
environmental programs and initiatives, community-based NFS control
efforts can be highly successful. To learn about and help control NFS pollu-
tion, contact the community-based organizations and environmental agen-
cies in your area. These groups often have information about how citizens
can participate in the following NFS control activities.

Volunteer Monitoring
   Local groups organize volunteers of all skill levels to gather water
quality data. This information can help government agencies understand
    the magnitude of NFS pollution. More than 500 active volunteer
       monitoring groups currently operate throughout the United States.
       	  Monitoring groups may also have
       ""•^~^"~~'^~~—^~"-^^—  information about other NFS
                               pollution projects, such as beach
                               cleanups, stream walks, and
                               restoration activities.
When coordinated with federal,
state, and local environmental
programs and initiatives,
community-based NFS control
efforts can be highly successful.
                                Ecological Restoration
                                  Ecological restoration provides
•^———^—_—   opportunities for the public to help
                                out with a wide variety of projects,
such as tree planting and bank stabilization in both urban and rural areas.
Restoration efforts focus on degraded waters or habitats that have signifi-
cant economic or ecological value.

Educational Activities
   Teachers can integrate NFS pollution curricula into their classroom
activities. The U.S. Environmental Protection Agency (EPA), federal and
state agencies, private groups, and nonprofit organizations offer teachers a
wide variety of materials. Students can start on an NFS control project in the
primary grades and pursue their work through intermediate and secondary
levels.
      Did you know
    that volunteers
        often collect
information on the
    health of water-
       ways and the
      extent ofNPS
          pollution?
                                                            NPS pollution occurs when
                                                            water runs over land or through
                                                            the ground, picks up pollutants,
                                                            and deposits them in surface
                                                            waters or introduces them into
                                                            ground water.

-------
 RELATED PUBLICATIONS

•  Additional fact sheets in the
   Nonpoint Pointers series
   (EPA-841-F-96-004)
•  Clean Water in Your Water--
   shed, Terrene Institute,
   Washington, DC, 1993
•  Cleaner Water Through
   Conservation (EPA-841-B-
   95-002)
•  Compendium of Educational
   Materials on the Water
   Environment, Alliance for
   Environmental Ed., Inc.,
   Marshall, VA, 1992
•  EPA Journal, Vol. 17, No. 5,
   Nov/Dec1991,(EPA-22k-
   1005)
•  Environmental Resource
   Guide, Nonpoint Source
   Pollution Prevention, Air &
   Waste Management Assoc.,
   Pittsburgh, PA
•  Handle With Care, Terrene
   Institute, Washington, DC,
   1991
•  National Directory of Volun-
   teer Environmental Monitor-
   ing Programs (EPA-841-B-
   94-001)
•  The Quality of Our Nation's
   Water:  1994 (EPA-841-S-
   95-004)
•  Xeriscape Landscaping
   (EPA-840-B-93-001)


To order any of the above EPA
documents, call or fax the .
National Center for Environmen-
tal Publications  and Information.
Tel (513)489-8190
Fax (513)489-8695
 FOR MORE INFORMATION

 U.S. Environmental Protection
 Agency
 Nonpoint Source Control Branch
 Washington DC 20460

 Internet Address:
 http://www.epa.gov/owow/nps/
 index.html
 Water Conservation
   Using technologies that limit water use in the bathroom, kitchen, laundry
 room, lawn, driveway, and garden can reduce the demand on existing w
 supplies and limit the amount of water runoff. More than 40 states now
 have some type of water, conservation program to help citizens and busi-
 nesses implement conservation practices. Government agencies, utilities,
 and hardware stores have information about products that help households
 conserve water.

 Household Management
   Learning to limit NFS pollution at the household level can reduce the
 overall impact of NFS pollution on water quality. Households, for example,
 can irrigate during cooler hours of the day, limit fertilizer applications to
 lawns and gardens, and properly store chemicals to reduce runoff and keep
 it dean. Chemicals and oil should not be poured into sewers. Pet wastes, a
-significant source of nutrient contamination, should be disposed of properly.
 Households can also replace impervious surfaces with more porous materi-
 als.

 Public Meetings and Hearings
   Decisions made during public hearings on stormwater permitting and
 town planning can determine a community's capability to manage NFS
 pollution over the long term. Laws or regulations may require federal, state,
 or local agencies to hold public hearings when permits are issued or when
 town plans are formed. Notices about hearings often appear in the newspa-
 per or in government office buildings.

 Community Organizations
   Many communities have formed groups to protect local natural re-
 sources. These community-based groups provide citizens with information
 about upcoming environmental events in their watershed, such as ecologi-
 cal restoration, volunteer monitoring, and public meetings. Watershed-level
 associations are particularly effective at addressing a wide range of NFS
 pollution problems.

 Environmental Information on the Internet
   Citizens can obtain a great deal of environmental data and educational
 material through a computer linked to the World Wide Web. EPA's site
 (http://www.epa.gov) on the Web provides up-to-date information on
 Agency activities and enables citizens to find out about air and water
 quality data in specific communities.
   EPA supports NPSINFO, a forum for discussion of NFS issues, including
 NFS education. Citizens with access to e-mail can subscribe to NPSINFO
 free-of-charge by sending an e-mail message to:

                   listserver@unixmail.rtpnc.epa.gov

 and include in the body of the message:

          subscribe NPSINFO (your first name) (your last name)

   Other federal, state, tribal, and local agencies, as well as businesses anolB
 nonprofit groups, also provide environmental information on the World
 Wide Web.

-------
                       United States
                       Environmental Protection
                       Agency
                                               Office of Water
                                               (4503F)
                                                                      EPA-841-F-96-004C
                                                                      March 1996
&EPA         Nonpoint Pointers
                       Understanding and managing nonpoint source pollution in your community
            Programs for Nonpoint
            Source Control
  States, territories, and tribes identify nonpoint source (NPS) pollution as
responsible for more than half of the Nation's existing and threatened water
quality impairments. To address these water quality problems, federal, state,
tribal, territorial, and local governments provide technical assistance and
fund programs to implement NPS controls. Other sources of funding are
also available. The U.S. Environmental Protection Agency's Environmental
Financing Information Network Center in Washington, DC (202/260-1020)
can provide communities with specific information on how to design and
fund the most appropriate NPS pollution strategy.

Federal Programs

U.S. Environmental Protection Agency (EPA)
  EPA administers section 319 of the Clean Water Act, also known as the
Nonpoint Source Management Program. Under section 319, states, territo-
ries, and tribes apply for and receive grants from EPA to implement NPS
pollution controls. As of 1995, EPA had awarded more than $370 million
      under section 319 to address NPS pollution problems.
                                  EPA administers other sections
     ——^———•-—^————^  0ฃ t^g clean Water Act to help
                               states, territories, and tribes to
                               plan for and implement water
                               pollution programs, which can
                               include measures for NPS control.
  Government agencies provide
  technical assistance and fund
  programs to implement NFS
  controls.
                               These include section 104(b)(3),
_„„_^__^____„_^_^—_^^_  Water Quality Cooperative Agree-
                               ments; section 104(g), Small
Community Outreach; section 106, Grants for Pollution Control Programs;
section 314, Clean Lakes Program; section 320, National Estuary Program;
and section 604(b), Water Quality Management Planning. Together with the
National Oceanic Atmospheric Administration, EPA helps administer
section 6217 of the 1990 Coastal Zone Act Reauthorization Amendments, a
program that tackles nonpoint source pollution affecting coastal waters.
                                                            series
                                                            of fact sheets
                                                            on nonpoint
                                                            source (NFS) pollution
                                                             V'?-    Did you know
                                                                that communities
                                                             reiyon government
                                                                    programsand
                                                              alternative sources
                                                             ^fiundJngfiso6h as =
                                                                inventing in water
                                                             ~~; T conserva fi on, to *
                                                             I ^eipcontroljNPS
                                                              i  v(  ?  pollution?
                                                                ,'-*,: fs~\ * -^  M    X    .., .  ,
                                                             NFS pollution occurs when
                                                             water runs over land or through
                                                             the ground, picks up pollutants,
                                                             and deposits them in surface
                                                             waters or introduces them into
                                                             ground water.

-------
 RELATED PUBLICATIONS

•  Additional fact sheets in the
   Nonpoint Pointers series
   (EPA-841-F-96-004)
•  Clean Water in Your Water-
   shed, Terrene Institute,
   Washington, DC, 1993
•  The Clean Water State
   Revolving Fund: Financing
   America's Environmental
   Infrastructure—A Report to
   Congress (EPA-832-R-95-
   001)
•  The Quality of Our Nation's
   Water: 1994 (EPA-841-S-95-
   004)
•  State and Local Funding of
   Nonpoint Source Control
   Programs (EPA-841-R-92-
   003)
•  A State and Local Govern-
   ment Guide to Environmen-
   tal Program Funding Alter-
   natives (EPA-841-K-94-001)


To order any of the above EPA
documents call or fax the
National Center for Environmen-
tal Publications and Information.
Tel (513)489-8190
Fax (513)489-8695
FOR MORE INFORMATION

•  EFIN Center (Telephone:
   (202) 260-0420)
•  U.S. Environmental Protec-
   tion Agency
   Nonpoint Source Control
   Branch
   Washington DC 20460

Internet Address:
http://www.epa.gov/owow/nps/
index.html
 National Oceanic and Atmospheric Administration (NOAA)
   NOAA administers section 306 of the Coastal Zone Management Act that
 provides funds for water pollution control projects, including NPS manage-
 ment activities, in states with coastal zones. Together with the EPA, NOAA^
 also helps administer section 6217 of the Coastal Zone Act Reauthorization^
 Amendments. This requires the 29 states with approved Coastal Zone
" Management Programs to establish and implement Coastal Nonpoint
 Pollution Control Programs.

 U.S.  Department of Agriculture (USD A)
   The USDA administers incentive-based conservation programs through
 the Consolidated Farm Services Agency, the Natural Resources Conserva-
 tion Service, and the U.S. Forest Service to help control NPS pollution from
 agriculture, forestry, and urban sources.

 U.S.  Department of Transportation/Federal Highway Administration
   Under the Intermodal Surface Transportation Efficiency Act of 1991, the
 Federal Highway Administration developed erosion control guidelines for
 federally funded construction projects on roads, highways, and bridges.

 U.S.  Department of the Interior
   Within the U.S. Department of the Interior, the Bureau of Reclamation,
 the Bureau of Land Management, and the Fish and Wildlife Service admin-
 ister several programs to help states manage NPS pollution by providing
 technical assistance and financial support. For example, the Fish and Wild-
 life Service administers the Clean Vessel Act, which provides grants to
 construct sewage pumpout stations at marinas.

 Alternative Funding Sources
   Some communities rely on a combination of alternative funding sources
 to implement NPS controls. In 1994, EPA published A State and Local Govern-
 ment Guide to Environmental Program Funding Alternatives. This brochure
 gives examples of how states can use  the Clean Water State Revolving Fund,
 leases, grants, taxes, fees, and bonds to craft innovative and effective strate-
 gies to generate funds for NPS controls. In addition, government agencies
 can establish programs to encourage investments in water conservation
 technologies.

-------
                        United States
                        Environmental Protection
                        Agency
                                                 Office of Water
                                                 (4503F)
      EPA-841-F-96-004D
      March 1996
                        Nonpoint Pointers
                        Understanding and managing nonpoint source pollution in your community
            The  National
            Nonpoint  Source
            Management  Program
   The Clean Water Act of 1972 helped clean up of many of our country's
waters, often achieving dramatic improvements. Despite those successes,
approximately 36 percent of the Nation's surveyed river miles, 37 percent of
its surveyed lake acreage, and 37 percent of its surveyed estuarine square
miles are not safe for basic uses such as swimming or fishing.
   States, territories, and tribes estimate that at least half of these impair-
ments, as well as significant ground water contamination, are caused by
     nonpoint source (NFS) pollution, making it the Nation's leading
       source of water quality problems. To address these problems,
  Since EPA began awarding
  section 319 grants to implement
  management programs, recipi-
  ents have directed approximately
  one-third of the funds toward
  controlling agricultural NPS
  pollution.
                                 Congress amended the Clean
                                 Water Act in 1987. Congress
                                 established the NPS Pollution
                                 Management Program under
                                 section 319 of the amendments.
                                 The program provides states,
                                 territories, and tribes with grants
                                 to implement NPS pollution
                                 controls described in approved
                                 NPS pollution management
-^———^———   programs.
   In 1990, the U.S. Environmental Protection Agency (EPA) began award-
ing grants to states, territories, and tribes with approved programs. By 1991,
all 50 states and the territories had received EPA approval; by 1995, 7 tribes
also had received approval. Since 1990, recipients of 319 grants have di-
rected approximately 40 percent of awarded funds toward controlling NPS
pollution from agricultural lands. In addition, nearly one-quarter of the
money was used for general assistance purposes, including funding for
outreach and technical assistance. Efforts to control runoff from urban
sources, septic systems, and construction also received significant funding
under section 319, as did projects to manage wetlands and NPS pollution
from forestry, habitat degradation, and changes to stream channels.
   In 1991, EPA established the National Monitoring Program to evaluate
the effectiveness of NPS pollution control projects. Fourteen state-proposed
projects will be evaluated over a six to 10-year period. The findings from
this effort will help states, territories, and tribes develop more successful
NPS pollution controls in other watersheds.
                                                               series
                                                               of fact sheets
                                                               on nonpoint
                                                               source (NPS) pollution
   Did you know
that at least 50%
 of water quality
 problems in the
 U.S. result from
  NPS pollution?
                                                               NPS pollution occurs when
                                                               water runs over land or through
                                                               the ground, picks up pollutants,
                                                               and deposits them in surface
                                                               waters or introduces them into
                                                               ground water.

-------
 RELATED PUBLICATIONS

•  Additional fact sheets in the
   Nonpoint Pointers series
   (EPA-841-F-96-004)
•  Managing Nonpoint Source
   Pollution: Final Report to
   Congress on Section 319 of
   the Clean Water Act (EPA-
   506/9-90)
•  Nonpoint Source Water
   Quality Contacts Directory,
   Conservation Technology
   Information Center,  West
   Lafayette, Indiana
•  The Quality of Our Nation's
   Water: 1994 (EPA-841-S-95-
   004)
•  Section 319 National
   Monitoring Program Projects
   (EPA-841-S-94-006)
•  Section 319 National
   Monitoring Program: An
   Overview, Water Quality
   Group, North Carolina State
   University, March 1995
•  Section 319 Success Stories
   (EPA-841-S-94-004)

To order any EPA documents
call or fax the National  Center
for Environmental  Publications
and Information.
Tel  (513)489-8190
Fax (513)489-8695
 FOR MORE INFORMATION

U.S. Environmental Protection
Agency
Nonpoint Source Control Branch
Washington DC 20460

Internet Address:
http://www.epa.gov/owow/nps/
index.html
   As of 1995, EPA had awarded states, territories, and tribes $370 million
under section 319 to implement NPS pollution control. Section 319 Success
Stories provides examples of how states, territories, and tribes chose to useM
section 319 funds.                                                  ^

How Section 319 Works

Assessment Reports
   All states, territories, and some tribes have met two basic requirements to
be eligible for a section 319 grant, the first of which is to develop and gain
EPA approval of a NFS pollution assessment report. In the assessment
report, the state, territory, or tribe identifies waters impacted or threatened
by NPS pollution. They also describes the categories of NPS pollution, such
as agriculture, urban runoff, or forestry, that are causing water quality
problems.

Management Programs
   To meet the second requirement a state, territory, or tribe must develop
and obtain EPA approval of a NPS pollution management program. This
program becomes the framework for controlling NPS pollution, given the
existing and potential water quality problems described in the NPS pollu-
tion assessment report. A well-developed management program supports
activities with the greatest potential to produce early, demonstrable water
quality results; assists in the building of long-term institutional capacity to
address NPS pollution problems; and encourages strong interagency coordi-
nation and ample opportunity for public involvement in the decision-     —
making process.

How to Get Involved
   The addresses and telephone numbers of state and territory nonpoint
source officials are listed in the Nonpoint Source Water Quality Contacts
Directory. These individuals can inform citizens about section 319 program
activities in their home state or territory. They can also let citizens know
how to become involved in the periodic updates of section 319 NPS assess-
ments and NPS management programs.

-------
                        United States
                        Environmental Protection
                        Agency
                                              Office of Water
                                              (4503F)
        EPA-841-F-96-004F
        March 1996
<&EPA         Nonpoint Pointers
                        Understanding and managing nonpoint source pollution.in your community
            Managing Nonpoint
            Source Pollution
            from Agriculture
   The United States has more than 330 million acres of agricultural land
that produce an abundant supply of low-cost, nutritious food, feed, and
fibre. American agriculture is noted worldwide for its high productivity,
quality, and efficiency in delivering goods to the consumer. However, when
improperly managed, agricultural activities can affect water quality.
   The most recent National Water Quality Inventory reports that agricultural
nonpoint source (NFS) pollution is the leading source of water quality
impacts to surveyed rivers and lakes, the third largest source of impair-
     ments to surveyed estuaries, and also a major contributor to ground
        water contamination and wetlands degradation.
        ~~—^^^^^^^^^^^^^~     Agricultural activities that
                                 cause NFS pollution include
                                 confined animal facilities, grazing,
                                 plowing, pesticide spraying,
                                 irrigation, fertilizing, planting, and
                                 harvesting. The major agricultural
                                 NFS pollutants that result from
                                 these activities are sediment,
Agricultural activities that
cause NFS pollution can result
from confined animal facilities,
grazing, plowing, pesticide
spraying, irrigation, fertilizing,
planting, and harvesting.
                                nutrients, pathogens, pesticides,
                                and salts. Agricultural activities
also can damage habitat and stream channels. Impacts on surface water and
ground water can be minimized by properly managing activities that can
cause NFS pollution.
   Numerous government programs are available to help people design and
pay for management approaches to prevent and control NFS pollution. For
example, over 40 percent of section 319 Clean Water Act grants were used to
control agricultural NFS pollution. Also, several U.S. Department of Agri-
culture and state-funded programs provide cost-share, technical assistance,
and economic incentives to implement NFS pollution management prac-
tices. Many people use their own resources to adopt technologies and
practices to limit water quality impacts.
   Managing Sedimentation. Sedimentation occurs when wind or water
runoff carries soil particles from an area, such as a farm field, and transports
them to a water body, such as a stream or lake. Excessive sedimentation
clouds the water, which reduces the amount of sunlight reaching aquatic
      Did you know
that NIPS pollution
   from agriculture
 (    Is the leading
      /;,;. source of
rf'• impairments to
    surveyed rivers
          and lakes?
                                                             NFS pollution occurs when
                                                             water runs over land or through
                                                             the ground, picks up pollutants,
                                                             and deposits them in surface
                                                             waters or introduces them into
                                                             ground water.

-------
 RELATED PUBLICATIONS

•  Additional fact sheets in the
   Nonpoint Pointers series
   (EPA-841-F-96-004)
•  Agriculture and Wetlands: A
   Compilation of Factsheets
   (EPA-503/9-92-003)
•  Alternative Agriculture,
   National Research Council,
   National Academy Press,
   Washington, DC 1989
•  Guidance Specifying
   Management Measures for
   Sources of Nonpoint Pollu-
   tion in Coastal Waters,
   Chapter 2 (EPA-840-B-92-
   002)
•  Journal of Soil and Water
   Conservation, Vol. 45, No. 1,
   Jan/Feb 1990 (EPA-841-N-
   90-100)
•  Livestock Grazing on
   Western Riparian Areas,
   EPA Region 8, Denver, CO
•  The Quality of Our Nation's
   Water: 1994 (EPA-841-S-95-
   004)
•  Soil And Water Quality: An
   Agenda for Agriculture,
   National Research Council,
   National Academy Press,
   Washington, DC, 1993
•  USDA National Resources
   Inventory, Natural Re-
   sources Conservation
   Service

To order any of the above EPA
documents call or fax the
National Center for Environmen-
tal Publications and Information.
Tel (513)489-8190
Fax (513)489-8695
FOR MORE INFORMATION
U.S. Environmental Protection
Agency
Nonpoint Source Control Branch
Washington DC 20460
Internet Address:
http://www.epa.gov/owow/nps/
index.html
plants; covers fish spawning areas and food supplies; and clogs the gills of
fish. In addition, other pollutants like phosphorus, pathogens, and heavy
metals are often attached to the soil particles and wind up in the water
bodies with the sediment. Farmers and ranchers can reduce erosion and
sedimentation 20 to 90 percent by applying management measures to
control the volume and flow rate of runoff water, keep the soil in place, and
reduce soil transport.
   Managing Nutrients. Nutrients such as phosphorus, nitrogen, and
potassium in the form of fertilizers, manure, sludge, irrigation water, le-
gumes, and crop residues are applied to enhance production. When they are
applied in excess of plant needs, nutrients can wash into aquatic ecosystems
where they can cause excessive plant growth, which reduces swimming and
boating opportunities, creates a foul taste and odor in drinking water, and
kills fish. In drinking water, high concentrations of nitrate can cause
methemoglobinemia, a potentially fatal disease in infants also known as
"blue baby syndrome." Nutrient management plans can help maintain high
yields and save money on the use of fertilizers while reducing NFS pollu-
tion.
   Managing Confined Animal Facilities. By confining animals to areas or
lots, farmers and ranchers can efficiently feed and maintain livestock. But
these confined areas become major sources of animal waste. Runoff from
poorly managed facilities can carry pathogens (bacteria and viruses),
nutrients, and oxygen-demanding substances that contaminate shellfishing
beds and other major water quality problems. Ground water can also be
contaminated by seepage. Discharges can be limited by storing and manag-
ing facility wastewater and runoff with an appropriate waste management	
system.
   Managing Irrigation. Inefficient irrigation can cause water quality
problems. In arid areas, for example, where rainwater does not carry resi-
dues deep into the soil, excessive irrigation can concentrate pesticides,
nutrients, disease-carrying microorganisms, and salts-all of which impact
water quality-in the top layer of soil. Farmers can control these effects by
improving water use efficiency. Actual crop needs can be measured with a
variety of equipment.
   Managing Pesticides. Pesticides, herbicides, and fungicides are  used to
kill pests and control the growth of weeds and fungi. These chemicals can
enter and contaminate water through direct application, runoff and wind
transport. They can kill fish and wildlife, poison food sources, and destroy
animal habitat. Integrated Pest Management (IPM) techniques based on the
specific soils, climate, pest history, and crop for a particular field can limit
pesticide use and manage necessary applications to minimize pesticide
movement from the field.
   Managing Livestock Grazing. Overgrazing exposes soils, increases
erosion, encourages invasion by undesirable plants, destroys fish habitat,
and reduces the filtration of sediment necessary for building streambanks,
wet meadows, and floodplains. To reduce the impacts of grazing on water
quality, farmers and ranchers can adjust grazing intensity, keep livestock out
of sensitive  areas, provide alternative sources of water and shade, and
revegetate rangeland and pastureland.

-------
                        United States
                        Environmental Protection
                        Agency
                                                 Office of Water
                                                 (4503F)
        EPA-841-F-96-004G
        March 1996
&EPA         Nonpoint Pointers
                        Understanding and managing nonpoint source pollution in .your community
            Managing
            Urban Runoff
  The most recent National Water Quality Inventory reports that runoff from
urban areas is the leading source of impairments to surveyed estuaries and
the third largest source of water quality impairments to surveyed lakes. In
addition, population and development trends indicate that by 2010 more
than half of the Nation will live in coastal towns and cities, some of which
will have tripled in population. Runoff from these areas will continue to
degrade coastal waters.
  To protect surface water and ground water quality, urban development
and household activities must be guided by plans that limit runoff and
reduce pollutant loadings. Communities  can address urban water quality
problems on both a local and watershed level and garner the institutional
      support to help address urban runoff problems.
  Nonporous urban landscapes
  like roads, bridges, parking lots,
  and buildings don't let runoff
  slowly percolate into the
  ground.
                                 How Urban Areas Affect
                                 Runoff
                                   Increased Runoff. The porous
                                 and varied terrain of natural
                                 landscapes like forests, wetlands,
                                 and grasslands trap rainwater and
                                 snowmelt and allow it to filter
^^^^^^^^^^^^^^^^^^^___   slowly into the ground. Runoff
                                 reaches receiving waters gradu-
ally. In contrast, nonporous urban landscapes like roads, bridges, parking
lots, and buildings don't let runoff slowly percolate into the ground. Water
remains at the surface, accumulates, and runs off in large amounts. When
leaving the system and emptying into a stream, it erodes streambanks,
damages streamside vegetation, and widens stream channels. This will
result in lower water depths during non-storm periods, higher than normal
water levels during wet weather periods, increased sediment loads, and
higher water temperatures. Native fish and other aquatic life cannot survive
in urban streams severely impacted by urban runoff.
   Increased Pollutant Loads. Urbanization also increases the variety and
amount of pollutants transported to receiving waters: sediment from devel-
opment and new construction; oil, grease, and toxic chemicals from vehicles;
 :     Did you know
 1     tfiat because
      of impervious
  surfaces siicntis
J   pavement and
rooftops, & typical
 1   city block gen-
                                                                   more runoff than
                                                                   a woodland area
                                                                  of tf?e same size?
                                                                NPS pollution occurs when
                                                                water runs over land or through
                                                                the ground, picks up pollutants,
                                                                and deposits them in surface
                                                                waters or introduces them into
                                                                ground water.

-------
 RELATED PUBLICATIONS

•  Additional fact sheets in the
   Nonpoint Pointers series
   (EPA-841-F-96-004)
•  Controlling Nonpoint Source
   Runoff From Roads, High-
   ways, and Bridges (EPA-
   841-F-95-008a)
•  Developing Successful
   Runoff Control Programs for
   Urbanized Areas (EPA-841 -
   K-94-003)
•  Economic Benefits of Runoff
   Controls (EPA-S-95-002)
•  Fundamentals of Urban
   Runoff, Terrene Institute,
   Washington, DC, 1994
•  Guidance Specifying
   Management Measures for
   Sources of Nonpoint Pollu-
   tion in Coastal Waters,
   Chapter 4 (EPA-840-B-92-
   002)
•  Storm Water Fact Sheet
   (EPA-933-F-94-006)
•  The Quality of Our Nation's
   Water: 1994 (EPA-841-S-95-
   004)

To order any of the above EPA
documents call or fax the
National Center for Environmen-
tal Publications and Information.
Tel (513)489-8190
Fax (513)489-8695
FOR MORE INFORMATION
U.S. Environmental Protection
Agency
Nonpoint Source Control Branch
Washington DC 20460
Internet Address:
http//www. epa. gov/owow/nps/
index.html
nutrients and pesticides from turf management and gardening; viruses and
bacteria from failing septic systems; road salts; and heavy metals. Sediments
and solids constitute the largest volume of pollutant loads to receiving
waters in urban areas.
   When runoff enters storm drains, it carries many of these pollutants
it. In older cities, this polluted runoff is often released directly into the
without any-treatment. Increased pollutant loads can harm fish and wildlife
populations, kill native vegetation, foul drinking water supplies, and make
recreational areas unsafe.

Point and Nonpoint Distinctions
   Two types of laws help control urban runoff: one focusing on urban point
sources and the other on urban nonpoint sources. Point sources are ad-
dressed by the National Pollution Discharge Elimination System permit
program of the Clean Water Act, which regulates stormwater discharges.
Urban nonpoint sources are covered by nonpoint source management
programs developed by states, territories, and tribes under the Clean Water
Act. In states and territories with coastal zones, programs to protect coastal
waters from nonpoint source pollution also are required by section 6217 of
the Coastal Zone Act Reauthorization Amendments.

Measures to Manage Urban Runoff
   Plans for New Development. New developments should attempt to
maintain the volume of runoff at predevelopment levels by using structural
controls and pollution prevention strategies. Plans for the management of
runoff, sediment, toxics, and nutrients can establish guidelines to help
achieve both goals. Management plans are designed to protect sensitive
ecological areas, minimize land disturbances,  and retain natural drainage >
and vegetation.
   Plans for Existing Development. Controlling runoff from existing urban
areas tends to be expensive compared to managing runoff from new devel-
opments. However, existing urban areas can target their urban runoff
control projects to make them more economical. Runoff management plans
for existing areas can first identify priority pollutant reduction opportuni-
ties, then protect natural areas that help control runoff, and finally begin
ecological restoration and retrofit activities to  dean up degraded water
bodies. Citizens can help prioritize clean-up strategies, volunteer for restora-
tion efforts, and help protect ecologically valuable areas.
   Plans for On-site Disposal Systems. The control of nutrient and patho-
gen loadings to surface waters can begin with the proper design, installa-
tion, and operation of on-site disposal systems (OSDSs). These septic sys-
tems should be situated away from open waters and sensitive resources
such as wetlands and floodplains. They should also be inspected, pumped
out, and repaired at regular time intervals. Household maintenance of septic
systems can play a large role in preventing excessive system discharges.
   Public Education. Schools can conduct education projects that teach
students how to prevent pollution and keep water clean. Education and
public outreach can target specific enterprises, such as service stations, that
have opportunities to control runoff on site. Many communities have
implemented storm-drain stenciling programs that discourage people from
dumping trash directly into storm sewer systems.

-------
                        United States
                        Environmental Protection
                        Agency
                                              Office of Water
                                              (4503F)
     EPA-841-F-96-004H
     March 1996
&EPA          Nonpoint  Pointers
                        •Understanding and managing nonpoint source pollution in your community
            Managing  Nonpoint
            Source  Pollution
            from Forestry
  Nearly 500 million acres of forested lands are managed for the produc-
tion of timber in the United States. Although only a very small percentage of
this land is harvested each year, forestry activities can cause significant
water quality problems if improperly managed. The latest National Water
Quality Inventory reports that forestry contributes to approximately 9 per-
cent of the water quality problems in surveyed rivers and streams.
  Sources of NFS pollution associated with forestry include removal of
streamside vegetation, road construction and use, timber harvesting, and
     mechanical preparation for the planting of trees. Road construction
        and road use are the primary sources of NPS pollution on f or-
        ___.^^___________  ested lands, contributing up to 90
                                percent of the total sediment from
                                forestry operations. Harvesting
                                trees in the area beside a stream
                                can elevate water temperature and
                                destabilize streambanks. These
                                changes can harm aquatic life by
                                limiting sources of food, shade,
Following properly designed
preharvest plans can result in
logging activities that are both
profitable and highly protective
of water quality.
                                and shelter.
Preharvest Planning: Opportunities to Prevent NPS Pollution
  To limit water quality impacts caused by forestry, public and private
forest managers have developed site-specific forest management plans.
  Following properly designed preharvest plans make logging both
profitable and highly protective of water quality. Such plans address the full
range of forestry activities that can cause NFS pollution. They clearly
identify the area to be harvested; locate special areas of protection, such as
wetlands and streamside vegetation; plan for the proper timing of forestry
activities; describe management measures for road layout, design, construc-
tion, and maintenance, as well as for harvesting methods and forest regen-
eration.
  Public meetings held under the authority of federal and state laws
provide citizens with a good opportunity to comment on the development
of forest management plans.
   Did you know
 thai streamside
^wigeiatipn;prd-
 ^tects streams,ซ'
lakes, and other
                                                                   NPS pollution
                                                                      :  caused by
                                                             NPS pollution occurs when
                                                             water runs over land or through
                                                             the ground, picks up pollutants,
                                                             and deposits them in surface
                                                             waters or introduces them into
                                                             ground water.

-------
 RELATED PUBLICATIONS

•  Additional fact sheets in the
   Nonpoint Pointers series
   (EPA-841-F-96-004)
•  Evaluating the Effectiveness"
   of Forestry Best Manage-
   ment Practices in Meeting
   Water Quality Goals or
   Standards, USDA Forest
   Service, Miscellaneous
   Publication 1520, July 1994
•  Forest Resources of the
   United States, 1992, Rocky
   Mountain Forest and Range
   Experiment Station, General
   Technical Report RM-234
   (Revised)
•  Guidance Specifying
   Management Measures for
   Sources of Nonpoint Pollu-
   tion in Coastal Waters,
   Chapter 3 (EPA-840-B-92-
   002)
•  The Quality of Our Nation's
   Water: 1994 (EPA-841-S-95-
   004)
•  Summary of Current State
   Nonpoint Source Control
   Practices for Forestry (EPA-
   841/S-93-001)
•  Water Quality Effects and
   Nonpoint Source Control for
   Forestry: An Annotated
   Bibliography (EPA-841/B-
   93-005)

To order any of the above EPA
documents call or fax the
National Center for Environmen-
tal Publications and Information.
Tel (513)489-8190
Fax (513)489-8695
FOR MORE INFORMATION

U.S. Environmental Protection
Agency
Nonpoint Source Control Branch
Washington DC 20460

Internet Address:
http://www.epa.gov/owow/nps/
index.html
Factors Considered in the Preharvest Plan

   Surveying the Site. Preactivity surveys can help identify areas that might
need special protection or management during forestry operations. Sensi
landscapes usually have steep slopes, a greater potential for landslides,
sensitive rock formations, high, precipitation levels, snowpack, or special
ecological functions such as those provided by streamside vegetation.
Forestry activities occurring in these areas have a high potential of affecting
water quality.
   Timing. Because most forestry activities disturb soil and contribute to
erosion and runoff, timing operations carefully can significantly reduce their
impact on water quality. Rainy seasons and fish migration and spawning
seasons, for example, should be avoided.
   Establishing Streamside Management Areas (SMAs). Plans often restrict
forestry activities in vegetated areas near streams (also known as buffer
strips or riparian zones), thereby establishing special SMAs. The vegetation
in an SMA is highly beneficial to water quality and aquatic habitat. Vegeta-
tion in the SMA stabilizes streambanks, reduces runoff and nutrient levels in
runoff, and traps sediment generated from upslope activities before it
reaches surface waters. SMA vegetation moderates water temperature by
shading surface water and provides habitat for aquatic life. Large trees
provide shade while alive and provide aquatic habitat after they die and fall
into streams as large woody debris.
   Managing Road Construction, Layout, Use, and Maintenance. Good
road location and design can greatly reduce the transport of sediment to
water bodies. Whenever possible, road systems should be designed to
minimize road length, road width, and the number of places where water
bodies are crossed. Roads should also follow the natural contours of the
land and be located away from steep gradients, landslide-prone areas, and
areas with poor drainage. Proper road maintenance and closure of un-
needed roads can help reduce NPS impacts from erosion over the long term.
   Managing Timber Harvesting. Most detrimental effects of harvesting are
related to the access and movement of vehicles and machinery, and the
dragging and loading of trees or logs. These effects include soil disturbance,
soil compaction, and direct disturbance of stream channels. Poor harvesting
and transport techniques can raise sediment production 10 to 20 times and
disturb as much as 40 percent of the soil surface. In contrast, careful logging
disturbs as little as 8 percent of the soil surface.
   Careful selection of equipment and methods for transporting logs can
significantly reduce the amount of soil disturbed and delivered to water
bodies. Stream channels should be protected from logging debris at all times
during harvesting operations.
   Managing Replanting. Forests can be regenerated from either seed or
seedlings. Seeding usually requires that the soil surface be prepared before
planting. Seedlings can be directly planted with machines after minimal soil
preparation. In either case, the use of heavy machinery can result in signifi-
cant soil disturbance if not performed carefully.

-------
                        United States
                        Environmental Protection
                        Agency
                                             Office ol Water
                                             (4503F)
        EPA-841-F-96-004J
        March 1996
                        Nonpoint  Pointers
                        Understanding and managing nonpoint source pollution in your community
               Managing Nonpoint
               Source Pollution
               from  Households
  The well-known stories about environmental problems tend to focus on
big, recognizable targets such as smoking industrial facilities, leaking toxic
waste dumps, and messy oil spills. As a result, people often forget about
water pollution caused by smaller nonpoint sources—especially pollution at
the household level.
  However, nonpoint source (NFS) pollution is the Nation's leading source
of water quality degradation. Although individual homes might contribute
only minor amounts of NFS pollution, the combined effect of an entire
      neighborhood can be serious. These include eutrophication, sedi-
                               mentation, and contamination
                               with unwanted pollutants.
                                 To prevent and control NFS
                               pollution, households can learn
                               about the causes of such pollution
                               and take the appropriate (and
                               often money-saving) steps to limit
                               runoff and make sure runoff stays
By preventing water from
percolating down into the
ground, paved surfaces cause
runoff to collect and funnel into
storm drains at high speeds,
which can result in severe
streambank erosion when it
reaches the receiving waters.
                               clean.

                               Limit Paved Surfaces
^^^^^^^^^^^^^^^^^^^^^     Urban and suburban land-
                               scapes are covered by paved
                               surfaces like sidewalks, parking
lots, roads, and driveways. They prevent water from percolating down into
the ground, cause runoff to accumulate, and funnel into storm drains at
high speeds. When quickly flowing runoff empties into receiving waters, it
can severely erode streambanks. Paved surfaces also transfer heat to runoff,
thereby increasing the temperature of receiving waters. Native species of
fish and other aquatic life cannot survive in these warmer waters.
  To limit NFS pollution from paved surfaces households can substitute
alternatives to areas traditionally covered by nonporous surfaces. Grasses
and natural ground cover, for example, can be attractive and practical
substitutes for asphalt driveways, walkways, and patios. Some homes
effectively incorporate a system of natural grasses, trees, and mulch to limit
     Did youknpw
        that homes
    withxeriscape
  landscapes use
 natural contours
and native plants •
  toconservewa-
                                                           NPS pollution occurs when
                                                           water runs over land or through
                                                           the ground, picks up pollutants,
                                                           and deposits them in surface
                                                           waters or introduces them into
                                                           ground water.

-------
 RELATED PUBLICATIONS

•  Additional fact sheets in the
   Nonpoint Pointers series
   (EPA-841-F-96-004)
•  Clean Water in Your Water-
   shed, Terrene Institute,
   Washington, DC, 1993
•  Cleaner Water Through
   Conservation (EPA-841-B-
   95-002)
•  Handle With Care, Terrene
   Institute, Washington, DC,
   1991
•  The Quality of Our Nation's
   Water: 1994(EPA-841-S-95-
   004)
•  Xeriscape Landscaping:
   Preventing Pollution and
   Using Resources Efficiently
   (EPA-840-B-93-001)

To order any of the above EPA
documents call or fax the
National Center for Environmen-
tal Publications and Information.
Tel  (513)489-8190
Fax (513)489-8695
FOR MORE INFORMATION
U.S. Environmental Protection
Agency
Nonpoint Source Control Branch
Washington DC 20460
Internet Address:
http://www.epa.gov/owow/nps/
index.html
continuous impervious surface area. Wooden decks, gravel or brick paths,
and rock gardens keep the natural ground cover intact and allow rainwater
to slowly seep into the ground.

Landscape With Nature
   Altering the natural contours of yards during landscaping and planting
with non-native plants that need fertilizer and extra water can increase the
potential for higher runoff volumes, increase erosion, and introduce chemi-
cals into the path of runoff. In contrast, xeriscape landscaping provides
households with a framework that can dramatically reduce the potential for
NFS pollution.
   Xeriscape incorporates many environmental factors into landscape
design—soil type, use of native plants, practical turf areas, proper irrigation,
mulches, and appropriate maintenance schedules. By using native plants
that are well-suited to a region's climate and pests, xeriscape drastically
reduces the need for irrigation and chemical applications. Less irrigation
results in less runoff, while less chemical application keeps runoff dean.

Proper Septic System Management
   Malfunctioning or overflowing septic systems release bacteria and
nutrients into the water cycle, contaminating nearby lakes, streams, and
estuaries, and ground water. Septic systems must be built in the right place.
Trampling ground above the system compacts soil and can cause the
system's pipes to collapse. Also, septic systems should be located away from
trees because tree roots can crack pipes or obstruct the flow of wastewater
through drain lines. Proper septic system management is also important,
and a system should be inspected and emptied every 3 to 5 years.        '
   By maintaining water fixtures and by purchasing water-efficient
showerheads, faucets, and toilets, households can limit wastewater levels,
reducing the likelihood of septic system overflow. Most water conservation
technologies provide long-term economic and environmental benefits.

Proper Chemical Use, Storage, and Disposal
   Household cleaners, grease,  oil, plastics, and some food or paper prod-
ucts should not be flushed down drains or washed down the street. Over
time chemicals can corrode septic system pipes and might not be completely
removed during the filtration process. Chemicals poured down the drain
can also interfere with the chemical and biological breakdown of the wastes
in the septic tank.
   On household lawns and gardens, homeowners can try natural alterna-
tives to chemical fertilizers and pesticides and apply no more than the
recommended amounts. Natural predators like insects and bats,
composting, and use of native plants can reduce or entirely negate the need
for chemicals. Xeriscape can limit chemical applications to lawns and
gardens.
   If chemicals are needed around the home, they should be stored properly
to prevent  leaks and access by children. Most cities have designated sites for
the proper disposal of used chemicals.

-------
                        United States
                        Environmental Protection
                        Agency
                                             Office of Water
                                             (4503F)
        EPA-841-F-96-004K
        March 1996
 &EPA         Nonpoint  Pointers
                        Understanding and managing nonpoint source pollution in your community
               Managing  Wetlands to
               Control Nonpoint
               Source  Pollution
                                                                    -      u
                                                                   Ax-.   &%
   States, territories, and tribes identify nonpoint source (NFS) pollution as
the Nation's leading source of surface water and ground water quality
impairments. When properly managed, wetlands can help prevent NPS
pollution from degrading water quality. Wetlands include swamps,
marshes, fens, and bogs.
   Properly managed wetlands can intercept runoff and transform and store
NPS pollutants like sediment, nutrients, and certain heavy metals without
being degraded. In addition, wetlands vegetation can keep stream channels
intact by slowing runoff and by evenly distributing the energy in runoff.
Wetlands vegetation also regulates stream temperature by providing
    streamside shading. Some cities have started to experiment with wet-
      lands as an effective tool to control runoff and protect urban
                                streams.
                                  Improper development or
                                excessive pollutant loads can
                                damage wetlands. The degraded
                                wetlands can no longer provide
                                water quality benefits and become
                                significant sources of NFS pollu-
                                tion. Excessive amounts of decay-
                                ing wetlands vegetation, for
^____^_^____^______^   example,  can increase biochemical
                                oxygen demand, making habitat
unsuitable for fish and other aquatic life. Degraded wetlands also release
stored nutrients and other chemicals into surface water and ground water.
   The U.S. Environmental Protection Agency (EPA) recommends three
management strategies to maintain the water quality benefits provided by
wetlands: preservation, restoration, and construction of engineered systems
that pretreat runoff before it reaches receiving waters and wetlands.

Wetlands Preservation
   The first strategy protects the  full range of wetlands functions by dis-
couraging development activity. At the same time,  this strategy encourages
proper management of upstream watershed activities, such as agriculture,
forestry, and urban development. Several programs administered by EPA,
Properly managed wetlands can
intercept runoff and transform
and store NFS pollutants like
sediment, nutrients, and cer-
tain heavy metals without
being degraded.
                                                           series     -*.
                                                           of fact sheets   ซ
                                                                            -f
                                                           on nonpoint
                                                           source (NPS) pollution
      Did you know
      that wetlands
receive significant
   amounts of NPS
 pollution because
  they are typically
   the lowest point
on the landscape?
                                                            NPS pollution occurs when
                                                            water runs over land or through
                                                            the ground, picks up pollutants,
                                                            and deposits them in surface
                                                            waters or introduces them into
                                                            ground water.

-------
 RELATED PUBLICATIONS

•  Additional fact sheets in the
   Nonpoint Pointers series
   (EPA-841-F-96-004)
•  Guidance Specifying ~~  "
   Management Measures for
   Sources of Nonpoint Pollu-
   tion in Coastal Waters,
   Chapter 7 (EPA-840-B-92-
   002)
•  The Quality of Our Nation's
   Water: 1994 (EPA-841-S-95-
   004)
To order any of the above EPA
documents call or fax the
National Center for Environmen-
tal Publications and Information.
Tel (513)489-8190
Fax (513)489-8695

To order the following  EPA
documents, call EPA's Wetlands
Hotline at 1-800-832-7828.

•  America's Wetlands (OPA-
   87-016)

•  Constructed Wetlands for
   Wastewater Treatment and
   Wildlife Habitat (EPA-832-R-
   93-005)

•  Natural Wetlands and Urban
   Stormwater: Potential
   Impacts and Management
   (EPA-843-R-001)

•  Wetlands Fact Sheets (EPA-
   843-F-95-001)
FOR MORE INFORMATION
U.S. Environmental Protection
Agency
Nonpoint Source Control Branch
Washington DC 20460
Internet Address:
http://www.epa.gov/owow/nps/
index.html
the U.S. Department of Agriculture, the National Oceanic and Atmospheric
Administration, the U.S. Army Corps of Engineers, and the U.S. Department
of the Interior, as well as other government agencies, protect wetlands by
either controlling development activities that would affect wetlands or
providing financial assistance^ to people who wish to protect them. In
addition, nongovernmental groups that purchase wetlands for conservation
purposes, such as The Nature Conservancy, The Trust for Public Land, and
local land trusts, are playing an increasingly important role in protecting
water quality.

Wetlands/Riparian Restoration
   The second strategy promotes the restoration of degraded wetlands and
riparian zones with NFS pollution control potential. Riparian zones are the
vegetated ecosystems along a water body through which energy, materials,
and water pass. Riparian areas characteristically have high water-tables and
are subject to periodic flooding and influence from the adjacent water body.
They encompass wetlands and uplands, or some combination of these two
landforms.
   Restoration activities should recreate the full range of preexisting wet-
lands functions. That means replanting degraded wetlands with native
plant species and, depending on the location and the degree of degradation,
using structural devices to control water flows. Restoration projects factor in
ecological principles, such as habitat diversity and the connections between
different aquatic and riparian habitat types, which distinguish these kinds
of projects from wetlands that are constructed for runoff pretreatment.

Engineered Systems
   The third strategy promotes the use of engineered vegetated treatment
systems (VTS). VTS are especially effective at removing suspended solids
and sediment from NFS pollution before the runoff reaches natural wet-
lands.
   One type of VTS, the vegetated filter strip (VFS), is a swath of land
planted with grasses and trees that intercepts uniform sheet flows of runoff,
before the runoff reaches wetlands. VFSs are most effective at sediment
removal, with removal rates usually greater than 70%. Constructed wet-
lands, another type of VTS, are typically engineered complexes of water,
plants, and animal life that simulate naturally occurring wetlands. Studies
indicate that constructed wetlands can achieve sediment removal rates
greater than 90 percent. Like VFS, constructed wetlands offer an alternative
to other systems that are more structural in design.

Saving a Precious Resource
   Healthy wetlands benefit fish, wildlife, and humans because they protect
many natural resources,  only one of which is clean water. Unfortunately,
over half of the wetlands in the lower 48 states were lost between the late
1700s and the mid-1980s, and undisturbed wetlands still face threats from
development. To help prevent NFS pollution from further degrading the
Nation's waters and to protect many other natural resources, wetlands
protection must remain a focal point for national education campaigns,
watershed protection plans, and local conservation efforts.

-------

-------
|> ** b
\2ฃj
U.S. Environmental Protection Agency
Regional Indian Program Coordinators
EPA Region 1

Jim Sappier
Indian Coordinator
EPA Region I (PAG 2300)
JFK  Federal Building
Boston, MA 02203
Phone:  (617) 565-3935
Fax:  '  (617) 565-4940

EPA Region 2

Christine Yost
Indian Coordinator
EPA Region II (2PM-E1)
290 Broadway
New York, NY 10007-1866
Phone:  (212) 637-3564
Fax:     (212) 637-3772

EPA Region 4

Mark Robertson
Acting, Indian Coordinator
EPA Region IV (9EAB-4)
100 Alabama Street, SW
Atlanta, GA 30303
Phone:  (404) 562-9639
Fax:     (404) 562-9598

EPA Region 5

Casey Ambutas
Indian Coordinator
EPA Region V(5ME-19J)
77 W. Jackson Boulevard
Chicago, IL 60604-3507
Phone:  (312) 353-1394
Fax:     (312) 353-4135

EPA Region 6

Ernest Woods
Indian Coordinator
EPA Region VI (6E-FF)
1445 Ross Avenue
12th Floor, Suite 1200
Dallas, TX  75202-2733
Phone:  (214) 665-7454
Fax:     (214) 665-2118
EPA Region 7

Kim Olson
Indian Coordinator
EPA Region VII
726 Minnesota Avenue
Kansas City, KS  66101
Phone: (913) 551-7539
Fax:    (913) 551-7863

EPA Region 8

Sadie Hoskie
Tribal Manager
EPA Region VIII (80EA)
999 18th Street, Suite 500
Denver, CO 80202-2405
Phone: (303) 312-6343
Fax:    (303) 312-6741

EPA Region 9

Clancy Tenley
Tribal Program Manager
EPA Region IX (E-4)
75 Hawthorne Street
San Francisco, CA 94105
Phone: (415) 744-1607
Fax:    (415) 744-1604

EPA Region 10

Kathy Veit
Tribal Program Manager
EPA Region X
1200 Sixth Avenue
Seattle, WA 98101
Phone: (206) 553-1983
Fax:    (206) 553-6647

Kathy Hill
Tribal Policy Director
EPA Region X
1200 Sixth Avenue
Seattle, WA 98101
Phone: (206) 553-6220
Fax:    (206) 553-6647

-------
      \ AIEO Responsibility by Function/Issue Area
                                  Fax:  (202) 260-7509
Director
Associate Director
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SEE Employee
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Education/Training
Communication/Outreach
(Newsletter)
Internet)
Terry Williams
Tom Wall
Theresa Fleming
Barbara Leftwich
Tom Wall
Elizabeth Bell
Meghan Kelly
Caren Rothstein
Raymond Hall
Elizabeth Smith
Caren Rothstein
Clara Mickles
Marlene Regelski
Clara Mickles
Elizabeth Bell
Marlene Regelski
Caren Rothstein
Elizabeth Bell
Meghan Kelly
Elizabeth Bell
Clara Mickles
Elizabeth Bell
Marlene Regelski
Elizabeth Bell
Clara Mickles
Caren Rothstein, Bob Smith
Marlene Regelski
Marlene Regelski
Elizabeth Smith
Caren Rothstein
(202) 260-7939
(202) 260-7939
(202) 260-3986
(202) 260-7939
(202) 260-7939
(202) 260-8106
(202) 260-1008
(202) 260-9872
(202) 260-9304
(202) 260-4609
(202) 260-9872
(202) 2607519
(202) 260-7284
(202) 260-7519
(202) 260-8106
(202) 260-7284
(202) 260-9872
(202) 260-8106
(202) 260-1008
(202) 260-8106
(202) 260-7519
(202) 260-8106
(202) 260-7284
(202) 260-8106
(202) 260-7519
(202) 260-9872, 8202
(202) 260-7284
(202) 260-7284
(202) 260-4609
(202) 260-9872
Inter-Agency Coordination


Performance Partnerships

Tribal Atlas Project
Tom Wall, Elizabeth Bell
Meghan Kelly, Marlene Regelski

Elizabeth Bell, Bob Smith

Jori Wesley
(202) 260-7939, 8106
(202) 260-1008, 7284

(202) 260-8106, 8202

(202) 260-1905

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Clean Water and Productive Rangelandi



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Keep Our Western Waters Clean



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Managing Change: Livestock Grazing on
        Western Riparian Areas

                  Hi

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