SEPA
r
Developing and Managing
Tribal Nonpoint Source Pollution Programs
Under Section )!9o| the (Nn Water Art
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dEPA
United States Environmental Protection Agency
Office of Water
Nonpoint Source Control Branch-4503(T)
f200 Pennsylvania Avenue, NW
Washington, DC 20460
EPA 841-B-10-001
February 20fO
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&EPA
Developing and Managing
Tribal Nonpoint Source Pollution Programs
Under Jettion 19 if He dm Water Art
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Handbook for Developing and Managing Tribal Nonpoint Source Pollution Programs Under Section 3/9 of the Clean Water Act
Foreword
Congress amended the Clean Water Act (CWA) in 1987 to establish the section 319 Nonpoint
Source Management Program in recognition of the need for greater federal leadership to help
focus state, tribal, and local nonpoint source efforts. Under section 319, states, territories, and
Indian tribes receive grant money that supports a wide variety of activities including technical
assistance, financial assistance, education, training, technology transfer, demonstration
projects, and monitoring to assess the success of implementing management practices that
address pollution from nonpoint sources.
As of the time of publication of this document, 159 tribes have approved nonpoint source
programs. Tribal water quality programs continue to increase in number and to mature in
their capacity to understand and improve the condition of reservation lakes, rivers, streams,
wetlands, and coastal waters. In support of the continued growth and sophistication of tribal
participation in the CWA section 319 program, the U.S. Environmental Protection Agency
(EPA) is pleased to release this Handbook for Developing and Managing Tribal Nonpoint Source
Pollution Programs Under Section 319 of the Clean Water Act.
EPA is committed to restoring and protecting our waters through a watershed approach, and
it is encouraging to see a number of tribes electing to pursue funding to develop watershed-
based plans. Cooperative, on-the-ground, watershed-based efforts among tribal and nontribal
water resource managers and staff are helping to improve the prospects for solving water
quality problems that know no boundaries, and affect the health and quality of life of all
Americans.
This handbook is meant to be a practical and accessible guide for tribes to answer key
questions such as
D How do I develop a nonpoint source assessment report and management program
that meet 319 program eligibility requirements and set the stage for effective program
implementation?
D What sorts of activities are eligible for funding under CWA section 319?
How do I develop and successfully implement a watershed project that will help restore
the quality of our water for drinking, fishing, and other uses?
The handbook explains the role of both EPA and the tribes in working together to help solve
water quality problems caused by nonpoint source pollution. All aspects of the grants-funding
process are broken down for you in simple steps, showing you how tribes can use section
319 program funds to implement programs and projects to reduce pollution and restore
Foreword I Mi
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Handbook for Developing and Managing Tribal Nonpoint Source Pollution Programs Under Section 3/9 of the Clean Water Act
water quality. At the same time, it takes you the next level by providing a great deal of useful
technical information regarding nonpoint source pollution, how you can develop and assess
available data to develop a plan of action, and what management practices and activities are
needed to solve the problem.
EPA is proud of the many excellent projects that tribes have already implemented with section
319 funds. Many impressive tribal on-the-ground projects are available for you to review on
www.epa.gov/nps/tribal. It is our hope that tribes will find this handbook a useful tool in
helping to achieve many more water quality successes in the future.
Benita Best-Wong
Director of the Assessment and Watershed Protection Division
Office of Water
iv I Foreword
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Handbook for Developing and Managing Tribal Nonpoint Source Pollution Programs Under Section 3/9 of the Clean Water Act
Contents
Foreword iii
Introduction xi
What this Document Contains xi
Key Questions xi
What Is NPS Pollution? xi
What Is the Status of Our Nation's Waters? xii
What Are Management Measures or Best Management Practices? xii
What Is the Watershed Approach? xiii
How Can I Integrate My NPS Program with Other Water Quality Programs? xiv
History of the CWA Section 319 Program xvi
Part I: The Clean Water Act Section 319 Program l-l
Section 319 Program at a Glance l-l
Activities Eligible for Funding under CWA Section 319 1-2
Activities Ineligible for Funding under CWA Section 319 1-3
Summary of Eligibility Requirements for an NPS Grant 1-3
Detailed Guide to the 3l9(h) Grant Eligibility Components 1-5
Federal Recognition and Treatment in the Same Manner as a State for 3l9(h) Funding Eligibility 1-5
Federal Recognition 1-6
Substantial Governmental Duties and Powers 1-6
Reservation Waters 1-6
Tribal Capability 1-6
Nonpoint Source Assessment Report for 3l9(h) Eligibility 1-8
What Is an Assessment Report? 1-8
Format of an NPS Assessment Report 1-10
Overview
Introduction
Methodology
Land Use Summary
Surface and Ground Water Quality Summary.
Results
Discussion
Selection of Best Management Practices
Existing NPS Control Programs
Conclusions
-13
-17
-20
-24
-27
-30
-33
-39
-42
Nonpoint Source Management Program Plan for 3l9(h) Eligibility 1-44
Components of a Nonpoint Source Management Program Plan 1-44
Format for the Management Program Plan 1-46
Contents I v
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Handbook for Developing and Managing Tribal Nonpoint Source Pollution Programs Under Section 3/9 of the Clean Water Act
Overview Section 1-46
Introduction 1-48
Management Program Summary 1-49
Management Program Description 1-51
Public Notice and Comment 1-60
EPA Regional Approval Process 1-62
Section 319 Funding Process 1-62
Base Funding 1-62
Competitive Funding 1-64
Cost-Share/Match Requirements 1-65
Performance Partnership Grants 1-67
Grant Timeline 1-68
Work Plan Development 1-68
In-Depth Detail on the Five Requirements 1-69
-69
-69
-71
-71
-72
Work Plan Components
Work Plan Commitments
Estimated Work Years and Funding Amounts
Reporting Schedule
Roles and Responsibilities
Establishing Quality Assurance and Quality Control Protocols 1-75
Statutory Requirements of Section 319 Grants 1-78
Satisfactory Progress 1-78
Administrative Costs 1-79
Reporting 1-79
Performance and Financial Reports 1-79
Annual Reports 1-80
Summary and Conclusions 1-81
Climate Change Considerations: The Earth Is Warming 1-82
Part II: Watershed-Based Planning ll-l
The Watershed Approach ll-l
Implementing the Watershed Approach 11-6
/. Build Partnerships 11-6
When Should We Start Engaging Stakeholders? 11-8
Who Should We Include? 11-8
How Do We Build Support in the Watershed? 11-9
Which Stakeholders Might Be Able to Assist Monetarily? 11-10
2. Characterize Your Watershed //-//
3. Finalize Goals and Identify Solutions 11-16
4. Design an Implementation Program 11-18
5. Implement Your Plan 11-19
6. Measure Progress and Make Adjustments 11-20
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Handbook for Developing and Managing Tribal Nonpoint Source Pollution Programs Under Section 3/9 of the Clean Water Act
Nine Elements of a Watershed-Based Plan 11-22
Element a. An identification of the causes and sources or groups of similar sources that will
need to be controlled 11-25
Element b. Description ofNPS BMPs to achieve water quality-based goals 11-28
Element c. An estimate of water quality-based goals expected to be achieved 11-33
Element d. An estimate of the amounts of technical and financial assistance needed, associated
costs needed to implement your plan //-35
Element e. An information and education component that will be used to enhance
public understanding 11-38
Element f A schedule for implementing the NPS BMPs identified in the plan that is
reasonably expeditious 11-42
Element g. A description of interim, measurable milestones for determining whether NPS BMPs
or other control actions are being implemented 11-43
Element h. A set of criteria that can be used to determine whether the water quality-based
goals are being achieved over time and substantial progress is being made toward
attaining water quality-based goals 11-47
Element i. A monitoring component to evaluate the effectiveness of the implementation
efforts over time 11-49
Regional Review of Watershed-Based Plans 11-51
Leveraging Funding Resources 11-52
Tribal CWA 106 Program 11-52
State CWA 319 Programs 11-54
Wetlands Program 11-55
Solid Waste 11-56
Drinking Water and Clean Water State Revolving Fund Programs 11-57
Clean Water State Revolving Funds 11-57
Drinking Water State Revolving Fund: Source Water Protection Funding 11-58
General Assistance Program (GAP) Funding 11-59
Environmental Quality Incentive Program 11-60
Other Programs 11-60
Part III: Additional Resources for Tribes Ill-l
List of Contacts Ill-l
EPA Regional Offices 111-3
Online Tools 111-4
CIS Tools 111-5
Additional Internet Resources 111-7
Acronyms and Abbreviations 111-13
Glossary 111-16
References 111-21
Contents I vii
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Handbook for Developing and Managing Tribal Nonpoint Source Pollution Programs Under Section 3/9 of the Clean Water Act
Figures
Figure i-l. Illustration of a watershed xiii
Figure i-2. Water quality program integration xv
Figure I-l. Eligibility and application requirements for base vs. competitive grants 1-4
Figure 1-2. Location of Port Madison Indian Reservation 1-15
Figure 1-3. General Shotley Brook watershed land use 1-23
Figure 1-4. Land use in Sequim/Dungeness Valley (JST 2007) 1-24
Figure 1-5. Dungeness watershed planning area (JST 2007) 1-25
Figure 1-6. Summary template 1-33
Figure 1-7. Newly planted native grasses (UMUT 2005) 1-40
Figure 1-8. Map showing First Lake seeding areas (UMUT 2005) 1-40
Figure 1-9. Tranferring flannel mouth suckers (UMUT 2005) 1-41
Figure 1-10. Reintroducing fish with tribal/state teamwork (UMUT 2005) 1-41
Figure I-l I. Total annual tribal section 319 funding 1-63
Figure 1-12. Grant timeline 1-68
Figure 1-13. The role of planning and QAPPs in data collection 1-76
Figure ll-l. How a WBP relates to reservation-specific water resource plans and projects 11-3
Figure 11-2. Foundation of the nine elements of a WBP 11-5
Figure 11-3. Potential stakeholder groups for your consortium 11-7
Figure 11-4. Hierarchy of entities within a watershed 11-9
Figure 11-5. HUC code levels used to define watershed size 11-12
Figure 11-6. The iterative process of the watershed approach 11-21
Figure 11-7. Source of the nine required elements of a Watershed-Based Plan 11-23
Figure 11-8. Simplified conceptual model 11-27
Figure 11-9. Role of deductive process in program planning and implementation 11-27
Figure 11-10. Implementation schedule for high-priority AMD sources 11-42
Tables
Table I-l. Size and status of land owned by Confederated Tribes of Grand Ronde (CTGR 2008a) 1-12
Table 1-2. Land use in Ute Mountain Reservation 1-21
Table 1-3. Basic land use patterns in the Shotley Brook watershed 1-22
Table 1-4. Categories and subcategories of NPS pollution identified in assessment plan from the
Red Lake Band of Chippewa Indians (RLBCI 2008a) 1-23
Table 1-5. Results table for streams on the Red Lake Reservation 1-29
Table 1-6. Surface waterbody summary 1-30
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Handbook for Developing and Managing Tribal Nonpoint Source Pollution Programs Under Section 3/9 of the Clean Water Act
Table 1-7. Identified pollutant concerns in reservation waters and likely nonpoint sources 1-32
Table 1-8. Minimum in-stream flows for Grovers Creek 1-33
Table 1-9. Core participants for BMPs (SBLI 2007) 1-35
Table I-10. Existing agriculture BMPs by NPS category 1-37
Table I-11. NPS category and associated information (RLBCI 2008a) 1-38
Table 1-12. General program milestones (UMUT 2005b) 1-52
Table I-13. Categories of NPS and their applicability to the Ute Mountain Tribe (UMUT 2005b) 1-53
Table 1-14. Reservation waters: levels of specific impairment criteria (UMUT 2005b) 1-54
Table 1-15. Plan for management of hydromodification (PTOI 2008) 1-56
Table 1-16. Schedule of milestones (RLBCI 2008b) 1-58
Table I-17. Urban runoff/stormwater (ST 2008) 1-58
Table 1-18. Base funding parameters 1-63
Table 1-19. Match calculation table for tribes eligible for $50,000 of base funding (> 1,000 mi2) 1-65
Table 1-20. Match calculation table for tribes eligible for $30,000 of base funding (< 1,000 mi2) 1-65
Table 1-21. Match funding requirements 1-66
Table 1-22. Sample work plan NPS pollution control program (CWA section 319) 1-73
Table II-1. Components of assorted plans 11-4
Table 11-2. Impairment sources and associated pollutants 11-13
Table 11-3. Translating watershed goals into management objectives 11-17
Table 11-4. Common pollutant types and sources found in watersheds 11-26
Table 11-5. Online resources for BMPs 11-29
Table 11-6. Example of a BMP effectiveness table 11-30
Table 11-7. Summary of NPS management measures in the strategy and implementation plan 11-31
Table 11-8. Overview of estimated costs 11-37
Table 11-9. Milestones for implementation and measurable criteria for evaluating progress 11-44
Table 11-10. Stressors and indicators 11-47
Contents I ix
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Handbook for Developing and Managing Tribal Nonpoint Source Pollution Programs Under Section 3/9 of the Clean Water Act
Introduction
There is a deep spiritual connection between Native American people and the earth. Tribal
communities are strongly committed to the restoration and protection of the natural environ-
ment, including surface and ground water resources. These rivers, lakes, streams, reservoirs,
wetlands, estuaries, and coastal waters sustain fish and shellfish, provide recreational
opportunities, supply drinking water, and allow ceremonial uses for many tribal communities.
However, many water resources are threatened or impaired by polluted runoff, also known as
nonpoint source (NFS) pollution. The goal of this handbook is to provide tribes with guidance
and other information that will help them to protect and restore water resources.
What this Document Contains
This edition is an update of the Tribal Nonpoint Source Planning Handbook (EPA document
no. EPA-841-B-97-004), which was issued in September 1997. It contains new information
and additional features. The handbook has three parts. Part I describes the Clean Water
Act (CWA) section 319(h) grant application process and explains in detail how tribes can
demonstrate their eligibility and prepare the necessary documentation for successful 319 grant
applications. New tribal examples showcase useful approaches for protecting or restoring
water quality, and Internet resources provide tools for tribes interested in growing their NFS
programs. Part II provides detailed information about the watershed-based approach to
solving NFS problems, as well as ideas for leveraging funds. Additional resources for tribes are
provided in Part III, which offers useful links to various resources, online management tools,
and a list of contacts.
Key Questions
What Is NPS Pollution?
NFS pollution—polluted runoff—occurs when rainfall, snowmelt, or irrigation water runs
over land or through the ground, picks up pollutants, and transports them into surface waters
or ground water. Though the relative impact from a few nonpoint pollution sources might be
small, the cumulative effect from many nonpoint sources degrades water quality. In fact, NPS
pollution is the leading source of water quality problems in the United States. Major nonpoint
sources of pollution often include agricultural practices; unrestricted livestock grazing; poor
siting and design of roads, highways, and bridges; forestry; urban runoff; abandoned mines;
construction sites; channelization of streams; and hydromodification, such as building
and maintaining dams and levees. Other sources include lawn and garden maintenance,
malfunctioning septic systems, constructing marinas, boating, and storm drain dumping.
Introduction I xi
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Handbook for Developing and Managing Tribal Nonpoint Source Pollution Programs Under Section 3/9 of the Clean Water Act
Atmospheric deposition of pollutants originating from power plants, factories, trucks, and
automobiles is also considered NFS pollution.
What Is the Status of Our Nation's Waters?
The Wadeable Streams Assessment, a national survey of streams conducted by EPA and
the states and published in December 2006, found that 42 percent of U.S. stream miles
are in poor biological condition, 25 percent are in fair condition, and 28 percent are in
good condition. The most widespread stressors observed across the country and in each
major region are nitrogen, phosphorus, riparian disturbance and clearing, and streambed
sediments. These stressors are often associated with polluted runoff. The survey also found
that 30 percent of the nation's streams have elevated levels of nitrogen and phosphorus, and
25 percent have elevated levels of sediment. For more information, see the Wadeable Streams
Assessment at www.epa.gov/owow/streamsurvej.
In addition, the latest published summary of state water quality assessments found that
agricultural activities were the leading source of impairment in assessed rivers and streams,
associated with more than 94,000 impaired stream miles. Other leading nonpoint pollution
sources in streams include hydromodification (e.g., streambank destabilization and flow
alteration), riparian habitat alteration, and urban runoff. For more information, see the
National Water Quality Inventory: Report to Congress, 2004 Reporting Cycle, January 2009, at
www.epa.gov/owow/305b/2004report.
In assessed lakes, ponds, and reservoirs, agricultural activities ranked near the top of the
identified pollution sources, associated with more than 1.6 million impaired lake acres.
Hydromodification was associated with more than 1.2 million impaired lake acres; urban
runoff was associated with 701,000 impaired lake acres; and unspecified nonpoint sources
affected nearly 500,000 impaired lake acres. For the full report, see the National Water Quality
Inventory: Report to Congress, 2004 Reporting Cycle at www.epa.gov/owow/305b/2004report. Note
that only about 16 percent of U.S. streams miles and 39 percent of lake acres were assessed
for this report; some states did not report on sources of impairment in their waters, and more
than one source might impair any given waterbody.
What Are Management Measures or Best Management
Practices?
NFS pollution can be addressed using various management measures, which are the best
available economically achievable practices needed to solve a water quality problem. Another
common term used is best management practices (BMPs). A BMP can be a particular technique,
measure, or structural control used to manage the quantity and improve the quality of
runoff to the maximum extent possible and most cost-effectively. The U. S. Department of
Agriculture (USDA) and others have identified a number of BMPs to address pollution from
xii I Introduction
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Handbook for Developing and Managing Tribal Nonpoint Source Pollution Programs Under Section 3/9 of the Clean Water Act
different sources. Such management practices vary widely, and they must be tailored to
specific conditions. For example, BMPs to protect waters from agricultural pollution, such
as sediment from row crop land, are different from urban runoff BMPs, such as those that
address sediment from construction sites. BMPs can be structural, such as fences to prevent
livestock from entering a stream, or nonstructural, such as an ordinance that specifies
vegetated buffer zones between certain activities and the water's edge. For more information
on BMPs, visit EPA's Web site at www.epa.gov/nps and click on NFS Categories. Each NFS
category will lead you to a series of guidance documents for your category of interest. For even
more information, visit the Natural Resources Conservation Service (NRCS) Web site at
www.nrcs.usda.gov/technical/efotg. Another excellent resource to view various BMPs and learn
what they do has been compiled in an appendix available at www.waterquality.utah.gov/
TMDL/Virgin_River_Watershed_Implementation_Appendix.pdf.
What Is the
Watershed Approach?
EPA and other entities
both inside and outside the
government believe that the
watershed approach is the
most promising means of
addressing NFS pollution and
the challenging condition of our
water resources. The watershed
approach focuses efforts on a
particular watershed, which is
the area of land that drains to
a specific point, such as the
confluence of two rivers, a lake,
or a coastal estuary (Figure i-f).
The watershed approach is
characterized by these unique
features:
Rainfall
f. It is hydrologically defined.
• Has a geographic focus
based on hydrologic
connections (i.e., a
watershed or drainage area)
Figure i-1. Illustration of a watershed.
Introduction I xiii
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Handbook for Developing and Managing Tribal Nonpoint Source Pollution Programs Under Section 3/9 of the Clean Water Act
• Includes all stressors/causes and pollutant sources within that geographic area
2. It involves all stakeholders.
• Includes public (federal, tribal, state, local), private, and nongovernmental sectors
• Is community-based
• Includes a coordinating framework
3. It strategically addresses priority water resource goals.
• Integrates multiple regulatory and voluntary programs
• Is based on sound science
• Uses adaptive management for continual improvement
The watershed approach provides a framework for working on a watershed basis and is
used to generate a watershed-based plan that addresses impairments and threats to water quality.
States are already required to show that they are working toward achieving elements of a
watershed-based plan in order to receive a certain portion of their CWA section 319 funding
(i.e., the incremental funds). Although developing and implementing watershed-based plans
are not requirements for tribal section 319 funding as of the date of this publication, EPA
strongly encourages tribes to develop such plans to comprehensively understand and plan for
protection and restoration of water quality. EPA believes that using the watershed approach is
usually more effective than addressing impaired waters piecemeal, such as one segment of a
river or stream reach at a time. In addition to 319 funding, tribes can explore the use of other
funding, such as General Assistance Program (GAP) funding and CWA section 106 (Water
Pollution Control Program) funding, to support the development of watershed-based plans.
This does not mean that previous assessment work that has been done is obsolete. The
information you have compiled in your assessment report and management plan (to be
discussed later), or in any other previously developed planning document, will feed easily
into a more comprehensive watershed plan. For example, the watershed-based plan might
span a 5-year time frame and include all lands that are part of a tribal watershed, such as
surrounding federal, state, and private lands and their associated pollutant sources and
stressors. To effectively be this inclusive, tribes will need to work with all the stakeholders in
their watersheds, both tribal and nontribal. This might seem tricky at first, but these efforts
will result in significant progress toward reaching your water quality goals.
How Can I Integrate My NPS Program with Other Water
Quality Programs?
Because the federal government has steadily moved toward a watershed approach for
addressing water quality protection and restoration issues, there is now a greater need to
communicate across various environmental programs. EPA programs include water quality
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Handbook for Developing and Managing Tribal Nonpoint Source Pollution Programs Under Section 3/9 of the Clean Water Act
standards, CWA section 106, CWA section 303(d), National Pollutant Discharge Elimination
System (NPDES) wastewater discharge permitting, monitoring, source water protection, and
solid waste management. Figure i-2 shows how these water programs relate to and support
each other. EPA encourages tribal NFS program staff to interact with their counterparts in
other programs to coordinate activities and leverage lunding resources to reach common water
quality goals. Part II ol this handbook also provides information on some ol these programs.
Water Quality Program Integration
Monitoring Strategy
Quality Assurance Program Plan (QAPP)
• Sampling and Analysis Plan (SAP)
-Section 106
Water Quality Standards or Goals
- Section303WaterQualityGoals
• Drinking Water Standards
Nonpoint Source (section 319)
NFS Management Plan
Wetland Protection Plan
Point Source
• NPDES
• Stormwater
(sections 318,402,405)
Wetland
Protection Plan
Safe Drinking Water
• Source Water
Protection Plan
Other Programs
- Solid Waste
• Air Pollution
• Coastal Management
TMDLs (optional for tribes)
• Wasteload Allocation (Point Source)
Load Allocations (Nonpoint Source)
Figure i-2. Water quality program integration.
Introduction I xv
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Handbook for Developing and Managing Tribal Nonpoint Source Pollution Programs Under Section 3/9 of the Clean Water Act
History of the CWA Section 319 Program
In 1987 Congress amended the CWA to add sections 319 and 518. That provided support
for states, territories, and tribes to address NFS pollution. NFS pollution is increasingly
recognized as the most pervasive source ol water quality impairments in the nation, lar
outweighing problems from wastewater treatment plant, industrial facilities, stormwater
runoff, and other discharges in most areas.
CWA section 319 authorizes EPA to award grants to eligible tribes, states, and intertribal
consortia to implement EPA-approved NFS management programs developed pursuant to
section 319(b). The primary goal of an NFS management program is to control or prevent
NFS pollution. This is accomplished by implementing BMPs that reduce pollutant loadings to
waterbodies from each NFS category or subcategory identified in the tribe's NFS assessment
report. The NFS assessment report is developed pursuant to section 319(a).
CWA section 518 authorizes EPA to treat federally recognized Indian tribes in a similar
manner as states ("treatment as a state," or TAS). EPA recognizes that TAS does not necessarily
capture the true relationship between tribes and the federal government. For example,
EPA Region 9 uses the term Financial Assistance Eligibility (FAE) instead of TAS to describe
eligibility status. For the purposes of this handbook, TAS will be used, given its prominence
in statute and regulation.
CWA section 518(f) states that no more than one-third of one percent of the total amount of
section 319 funds appropriated for any fiscal year may be used to make grants to tribes. EPA
recognizes, however, that this statutory cap would most likely substantially affect tribes' ability
to establish and maintain NFS programs. There is an understanding that Indian tribes need
more financial support to implement NFS programs. In addition, more tribes are receiving
TAS status under the 319 program and receiving funds. For those reasons, since 2000
Congress has approved EPA's annual requests to exceed the statutory cap. For a complete list
of section 319-eligible tribes, see the document listed under Funding at www.epa.gov/nps/tribal.
xvi I Introduction
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The Clean Water Act Section 319 Program
Section 319 Program at a Glance
What it does: Requires tribes and states that wish to receive section 319 funding to prepare an
assessment of their NFS pollution problems and develop a management program
to address the problems identified in their assessment report. Also creates a grant
program for states and tribes to implement their approved programs, including
implementation of on-the-ground projects to reduce NFS problems.
What it funds: NFS program staff, outreach and education activities, travel and training associated
with NFS activities, NFS ordinance development, and various on-the-ground
BMPs. Proposed activities must implement management measures identified in the
management plan.
Who is eligible: Tribes and states are eligible to receive direct funding from EPA through
congressional appropriations. Tribes must have TAS and an approved NFS
assessment report and NFS management program to receive 319 funds. Tribes and
states must make satisfactory progress to continue receiving 319 funds every year, as
well as develop approved work plans. Although eligibility varies from state to state,
tribes (along with other entities) are also eligible to apply to the state to receive
319 funding.
How it is funded: Congress appropriates funds every year for the section 319 program. In the past
few years (as of 2010), this appropriation has been approximately $200 million
on an annual basis, but the amount varies from year to year (to view annual
appropriations, visit www.epa.gov/nps/319hhistory.html). Tribes have a statutory
limit of receiving only one-third of one percent of that appropriation; however,
since 2000 Congress has annually allowed EPA to exceed this statutory cap. States
receive base and incremental funds (i.e., funds used to develop and implement
watershed-based plans that address NFS impairments in watersheds that contain
303(d)-listed waters) to support their NFS management program. Tribes receive
base funds that support their NFS management program, and they are eligible
to compete nationally for additional funds to implement projects to restore and
protect their waters.
Part I: The Clean Water Act Section 319 Program | l-l
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Handbook for Developing and Managing Tribal Nonpoint Source Pollution Programs Under Section 3/9 of the Clean Water Act
Activities Eligible for Funding under
CWA Section 319
Activities eligible for funding under section 319 are quite extensive and cannot be listed
in their entirety, but the following list illustrates some of the activities funded under
this program. A tribe must propose activities that are discussed in its EPA-approved
NFS management plan, which is described further in the section titled Nonpoint Source
Management Program Plan for 319(h) Eligibility, which begins on page 1-44.
NFS training for tribal staff
Developing NFS education programs
Hiring an NFS coordinator
Developing watershed-based plans
Road stabilization/removal
Riparian planting
Stream channel reconstruction
Wetland development for sediment/toxic substance removal
Low-impact development projects/stormwater mitigation
Riparian livestock exclusion fencing/off-site watering
Springs protection
Outhouse removal/rehabilitation
Large woody debris placement
Lake protection and restoration activities
Ground water activities
Urban stormwater activities; remediation of abandoned mine lands; or activities related
to animal waste storage, treatment, and disposal not specifically required by NPDES
permits
Invasive/nonnative species removal (must demonstrate link to water quality
impairment)
Project monitoring (pre-project, post-project)
NFS ordinance development
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Handbook for Developing and Managing Tribal Nonpoint Source Pollution Programs Under Section 3/9 of the Clean Water Act
For more examples of activities eligible under section 319, see EPA's NFS success stories at
www.epa.gov/nps/success. That Web site features stories about restoration efforts that have led
to documented water quality improvement of NFS-impaired waterbodies.
Activities Ineligible for Funding under
CWA Section 319
Although a multitude of NFS activities may be funded through the 319 program, other NFS-
related activities are typically ineligible within the context of the grant. For example, some of
these prohibitions are based on statutory limitations on the use of 319 funding.
If you have questions regarding any of these activities, contact the EPA tribal NFS coordinator in your
region. In addition, you can find information on the following ineligible activities in the most
recent 319 guidelines at www.epa.gov/fedrgstr/EPA-WATER/2003/October/Day-23/w26755.htm.
General monitoring unrelated to assessing the control of nonpoint sources of pollution
Implementing specific requirements of NPDES point source or stormwater permits
Implementing the permit application requirements of EPAs stormwater regulations
(e.g., mapping stormwater systems, identifying illicit connections, characterizing
stormwater discharges, or monitoring or BMP treatment required by an NPDES permit)
Operation and maintenance of NFS implementation projects
I NFS activities not identified in your NFS management program
Summary of Eligibility Requirements for
an NFS Grant
Four eligibility conditions must be met before tribes or intertribal consortia may submit a
work plan for funding under an NFS (section 319(h)) grant. (Work plans are discussed in
detail in the section titled Work Plan Development, which begins on page 1-68.) To receive
funding, the tribe must do the following:
1. fit federally recognized
2. Have an approved NFS assessment report in accordance with CWA section 319(a)
3. Have an approved NFS management program in accordance with CWA section 319(b)
4. Be approved for treatment in a similar manner as a state (TAS) in accordance with CWA
section 518(e)
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The flowchart in Figure 1-1 describes eligibility requirements, eligible activities for the two
levels of 319 funding (base and competitive, which are explained in detail in the section titled
Section 319 Funding Process, which begins on page 1-62), and the general grant process.
The treatment as a state (TAS) section of this handbook, which begins on page 1-5, discusses
section 518 of the CWA, which authorizes EPA to treat federally recognized Indian tribes in
the same manner as states. It also contains an overview of what is needed for TAS status and
provides information on the process of applying for TAS. Because federal recognition is an
integral part of the TAS process, those topics are discussed together below.
EPA Regional Review
Eligibility:
(I) TAS; (2) approved NPS assessment report;
(3) approved NPS management program
EPA Regional Review
• t S eligible for base & competitive funding
\
EPA HQ/Review Committee
(met threshold criteria at EPA Region)
319 Base Grant
NPS Coordinator salary
Education programs
Attend and provide training
Developing a watershed-based plan
On-the-ground implementation projects
Consistent with tribe's management program
Develop work plan proposal
319 Competitive
Grant
• On-the-ground implementation projects
• NPS ordinance development
Developing a watershed-based plan (no
more than 20% of proposal)
• Consistent with tribe's management plan
• Develop work plan proposal
Figure 1-1. Eligibility and application requirements for base vs. competitive grants.
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Detailed Guide to the 3l9(h) Grant
Eligibility Components
Federal Recognition and Treatment in the Same
Manner as a State for 3l9(h) Funding Eligibility
For tribes to receive treatment as a state (TAS) authorization for implementing
certain CWA programs, they must demonstrate that
1. They are federally recognized.
2. They have a governing body capable of carrying out substantial
governmental duties and powers.
3. The functions they seek to exercise pertain to the management and protection of water
resources on tribal lands.
4. They are reasonably expected to be capable of carrying out the functions in a manner
consistent with the CWA and its regulations.
Statutory and regulatory text regarding these requirements can be found in section 518(e) of
the act and at Title 40 of the Code of Federal Regulations (CFR) sections 35.633 and 130.6(d).
The following sections outline examples of the documentation tribes may use to show that
they meet these requirements. Tribes submitting information to EPA should clearly label it and
attach to the front of the package a list of the attachments, exhibits, or supporting documents.
In this section, you will find
• The documentation tribes
need to provide to become
federally recognized and
obtain treatment in a similar
manner to a state (TAS)
Benefits of
restoration,
Rio Pueblo.
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Federal Recognition
Federally recognized tribes are those on the list of Indian Entities Recognized and Eligible to
Receive Services from the United States Bureau of Indian Affairs, which is published in the Federal
Register by the Department of the Interior. In 2009 a total of 564 tribes were on the list. To
meet the requirements for federal recognition, tribes should provide a Federal Register citation
to their presence on the current list.
Substantial Governmental Duties and Powers
Tribes must demonstrate that they carry out substantial governmental duties and powers to
administer and implement an NFS program. Some examples of information a tribe can submit
follow:
A description of the form of tribal government, including its executive, legislative, and
judicial powers
A list of functions or programs the tribal government currently performs
I A description of the source of tribal government authority, such as the tribal
constitution, by-laws, or ordinances
The activities that tribes can describe include those that promote the public health, safety,
and welfare of the people, such as acquiring land, adopting and implementing ordinances,
exercising police power, and so on. Descriptions of governmental functions or programs can
include Web site references for key documents, such as the tribal constitution and ordinances.
EPA prefers summary descriptions of this information over copies of the referenced
documents, and a tribal organizational chart is helpful.
Reservation Waters
Tribes should provide a certification statement from the tribal attorney demonstrating that
the activities they will carry out pertain to the management and protection of reservation
water resources (which includes water resources of tribal trust lands even if those lands
have not been designated formally as reservations). Such information should include maps
or legal descriptions of the reservation areas (or both), descriptions of the water resources of
the reservation areas, and descriptions of how the activities will pertain to management and
protection of those water resources. That statement should also cite the treaty or other history
of the tribe establishing the reservation and its current boundaries, or any other authority by
which the tribe's trust lands were established.
Tribal Capability
Tribes must have the capability to manage a section 319 program. To demonstrate capability,
tribes should include information supporting their existing ability to carry out functions
such as planning; identifying staff and other resources; budgeting; developing work plans
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Handbook for Developing and Managing Tribal Nonpoint Source Pollution Programs Under Section 3/9 of the Clean Water Act
and schedules; carrying out the identified work tasks; assessing their impact or results;
and handling financial disbursements, reports, and other actions through a system with
appropriate controls. Tribes may demonstrate their capability to manage and implement an
NFS pollution control grant by describing the organization that will carry out the program,
any existing or current environmental programs being carried out, mechanisms in place for
carrying out the governmental functions of the tribe, and the technical and administrative
capabilities of the staff that will manage the program.
• Tribal Management Experience
Supporting documentation may include brief descriptions of federal, tribal, and other
programs managed by the tribe, including those involving natural resources, environmental
issues, drinking water, or others. This documentation may overlap somewhat with tribal
responses regarding capability, existing programs, and technical/administrative capabilities of
the staff. Examples for addressing this requirement include quarter-page, half-page, or page-
long summaries of programs currently managed by the tribe, a list of programs managed by
the tribe over the past three years, or a summary report of tribal operations that conveys a
sense of the tribe's management experience.
• Existing Programs
In conjunction with the requirement, the tribe may provide a list of current programs
managed by the tribe. The existing programs list may include supplemental information, such
as number of staff, total budget, and so on. Programs to list include health clinics and related
programs, Bureau of Indian Affairs programs, fish and game programs, agricultural and land
management programs, tribal administrative office functions, and others.
• Mechanisms for Governmental Functions
Supporting documentation may include a summary of tribal operating procedures, tribal
constitutions or by-laws, or other documents that describe how decisions are made, how
rules or ordinances are established, how governmental affairs are handled, and the like. The
tribe should clearly and succinctly describe how its government functions, with references
to charters, constitutions, by-laws, or other documents that establish the mechanisms
for governmental functions. If that information is already provided in the description of
governmental functions portion of the application, the information may be referenced, without
repeating it, in this section.
• Accounting and Procurement Systems
The tribe may include descriptions of its accounting and procurement systems, sections from
the tribal charter or by-laws or other documents describing the tribe's financial system, copies
of the tribal financial operating procedures, or similar documents that demonstrate that the
tribe has a workable system in place, with adequate controls to prevent poor accounting
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Handbook for Developing and Managing Tribal Nonpoint Source Pollution Programs Under Section 3/9 of the Clean Water Act
practices or misconduct. The summary should be brief and should clearly lay out how the
accounting and procurement systems function.
• Technical and Administrative Capabilities of the Staff
This section should include staff resumes, number of years of relevant experience, brief
summaries of the technical and administrative experience and qualifications of staff that
will be involved in the NFS pollution management program, or personal descriptions
of qualifications and experience that convey an ability to manage the program. Include
summaries for nontribal technical assistance and other personnel if they will be involved in
the tribe's NFS pollution management program.
Generally those documents can also be found in the CWA 106 applications, so there is no
need to duplicate efforts if you already have TAS for section 106. However, many of the
CWA 106 applications are several years old, and updated forms might be appropriate. You
may develop TAS documentation independently or in parallel with the NFS assessment
report and management program, also required for 319(h) eligibility (discussed below). Each
EPA Regional office has an approval process and time frames within which these critical
documents are processed. For assistance, contact your Regional Tribal NFS coordinator.
Nonpoint Source Assessment Report
for 3l9(h) Eligibility
What Is an Assessment Report?
The assessment report is a comprehensive technical
summary of the condition of tribal water resources. The
report provides the foundation for the scope and direction
of the NFS pollution management program, discussed in the
next section. It is important to characterize all waterbodies,
including, if possible, those that might lie partly on nontribal
lands, making partnerships with external parties important
to the overall process. Two types of information that will
determine the scope and direction are:
1. Actual NFS-related impairments, to target restoration
efforts
In this section, you will find
• A detailed explanation of the
next eligibility requirement—
an approved NFS assessment
report
• A suggested format for the
assessment report
• Excerpts from successful tribal
assessment reports
• References and resources to
help you write your assessment
report
2. Waterbodies of high quality or cultural significance that need protection from existing
or future sources of polluted runoff
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The NFS assessment report must include four types of information (which are also referred to
as the four legislative conditions):
1. An identification of waters that cannot be expected to attain or maintain tribal water
quality standards without the control of NFS pollution. If the tribe does not have water
quality standards, state standards or tribal water quality goals may be used as guides
for evaluation of water quality. This is a place to use your f06/303/GAP data and
information and any others sources of data that meet established quality assurance/
quality control (QA/QC) criteria.
2. An identification of the categories and subcategories of NFS pollution that contribute
to the water quality problems for the individual waters identified in number f
above. For a listing of major NFS pollution categories and subcategories, refer to the
latest Guidelines for the Preparation of State Water Quality Assessments (305(b) Reports),
published by EPA. Tribes may also use the reference information provided by EPAs
Web site at www.epa.gov/nps/categories.html.
Look at the activities identified that impair or threaten water quality and link them
back to these categories/subcategories. Many states have their 303(d) and 305(b)
reports online, and those could provide an initial resource.
3. A description of how the tribe will identify the BMPs needed to control each category and
subcategory of NFS pollution identified in number 2 above, as well as a description of
how the management practices will be used to reduce the level of pollution resulting
from these sources. Such factors as public participation and inter/intragovernmental
coordination should be included. Many tribes use state or federal tools and resources,
such as Internet databases or publications, to identify the kinds of BMPs that will
address or prevent the NFS issues identified in their waters.
The assessment report should include a description of how those sources were
identified and how the specific practices were chosen.
It will be important to carefully consider the pollutant
sources, so that the appropriate management practices
can be selected. An efficient and effective way to
address this category of information is to establish
a technical committee to review the BMPs already
identified in the surrounding region. If the tribe
has worked with NRCS and is using that agency's
technical specifications, that information could be
included.
4. A description of any existing tribal, state, federal, and
other programs that might be used for controlling
NFS pollution. This section should include federal,
The following is a sample list of subcategories
for agricultural NFS pollution.
Agriculture
• non-irrigated crop production
• irrigated crop production
• specialty crop production
• pastureland
• rangeland
• feedlots (all types)
• aquaculture
• animal holding/management areas
• manure lagoons
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state, tribal, local, and nonprofit programs that provide (or could provide) funding or
technical support for NFS work on tribal lands. The tribe should describe programs
that are in use, as well as those that are available to the tribe but have not yet been
actively pursued. Doing a bit of research for this information might identify new
programs that could provide partnerships and assistance for new NFS programs.
Although there might be many sources of water quality data, data used to develop the
assessment report must meet QA/QC requirements or be selected through an approved
secondary data analysis protocol. Data sources could include data collected using
section 106 and other federal agency funds, as well as data collected by other agencies,
such as the U.S. Geological Survey (USGS). Where monitoring data are not available,
visual observations, such as the NRCS Stream Visual Assessment Protocol described at
www.nrcs.usda.gov/technical/ecs/aquatic/svapfnl.pdf, may be used.
It is preferable for data to be geo-located and to show mean, median, ranges, and
thresholds. The data need to be presented in a manner that documents impairments or
threats based on water quality standards, narrative criteria, or water quality goals. The
tribe's analysis of the data will be the guide for prioritizing the places and watersheds
to work in, and the kinds of BMPs that will be needed to control NFS impacts or
protect high-value waters.
Format of an NPS Assessment Report
Section 319(a) of the CWA specifies the information that must be included in tribal NPS
assessment reports (the four types of information described above). To facilitate the
preparation of these reports, a suggested outline for an NPS assessment report follows. The
notice and opportunity for public review and comment are covered in the section entitled
Public Notice and Comment, which begins on page 1-60; they are requirements for both
assessment and management reports.
Cover Page—Title and the date (month and year) of the assessment
Table of Contents (but labeled simply as Contents)—A listing of the major sections of
assessment report, lists of figures and tables, appendices, and corresponding page
numbers
Text (body of the report)—According to the headings of each major section of the
assessment report and corresponding page numbers
Overview
• Introduction
• Methodology
Land Use Summary
• Surface and Ground Water Quality
• Results
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Discussion
Selection of BMPs
NFS Control Programs
References/Sources of Information—Some tribes might already have collected data that
will help them develop an NFS assessment report. With that information, tribes can
assess NFS pollution problems and determine baseline water quality data without
completing additional water quality surveys. Tribes can also use data collected with
CWA section 106 funds to help identify high-priority problems.
Appendices
Acronyms and Abbreviations List
The next section describes and provides examples for each component of an assessment
report. Many of the examples that follow have been drawn from approved tribal NFS
assessment reports. When developing and writing an assessment report, a tribe should take
the time to make sure the report is well-documented, readable, and understandable by many
different audiences, including tribal and EPA staff, tribal partners, and the public.
Overview
In the overview, state the purpose of the report and explain the need for an NFS assessment
report for the tribal waters. The section should include a brief description of the reservation or
other tribal lands, key NFS issues (why the report is being written, e.g., to establish baseline
data for program, provide direction for the management program plan, or to meet some goal(s)
that the tribe has for natural resources) and key conclusions. Also provide a general summary
of the analysis that will follow, stressing major conclusions and broad areas of concern. Be
sure to mention which categories and subcategories of NFS pollution were identified through
your assessment. Discuss only significant data and general findings in this section. The section
should be concise and ideally should not exceed one page. It is recommended that you write
this section last so that it accurately reflects the rest of the report.
Example from the Confederated Tribes of Grand Ronde
(CTGR 2008a)
This report has been created to assess nonpoint source water quality on or upstream of
lands owned in Trust by the Confederated Tribes of Grand Ronde (hereafter, the Tribe)
and provide background information for a nonpoint source management plan. The Tribe
currently owns approximately 10,871 acres of land in Reservation or Trust Status, with
an additional 129 acres pending conversion into Trust status (Table I-1).
Section 319 of the federal Clean Water Act provides authority to states, territories, and
tribes to address problems associated with nonpoint sources of pollution. Furthermore,
the U.S. Environmental Protection Agency uses section 319 as the primary source of
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Handbook for Developing and Managing Tribal Nonpoint Source Pollution Programs Under Section 3/9 of the Clean Water Act
funding to address nonpoint source problems. In order to qualify for section 319 grants,
the Tribe must complete a nonpoint source assessment report and a nonpoint source
management plan that are approved by the U.S. Environmental Protection Agency.
The goal of this assessment is to focus attention on water quality parameters and issues
that point to significant or potentially significant nonpoint sources of pollution and
provide guidance on how to monitor effectively and alleviate significant sources.
Table I-1. Size and status of land owned by Confederated Tribes of Grand Ronde
(CTGR2008a)
Map ID
1
2
3
4
5
6
7
8
9
10
II
12
13
14
IS
16
17
18
19
20
21
22
23
24
25
26
27
28
Tract name
Reservation
Stimson
Risseeuw
Eastman
Natural Resources
King
AGZ
Camping
Elders' Housing
Mahurin
Smith
Tribal Headquarters
Procurement
Multi-family housing
Family housing 2
Cemetery
Grand Meadows
Windsor
I.P.
Round Valley
Old Depot
Casino HR
Casino
Gould
C-Store/RV Park
North Busswell
Fort Yamhill Park
New Pow-wow grounds
County
Yamhill
Yamhill
Yamhill
Yamhill
Yamhill
Yamhill
Yamhill
Yamhill
Yamhill
Yamhill
Yamhill
Polk
Polk
Polk
Polk
Polk
Polk
Polk
Polk
Polk
Polk
Polk
Polk
Polk
Polk
Polk
Polk
Polk
Acres
10,051.32
160.00
78.14
9.99
36.61
11.93
9.13
8.90
19.55
10.26
31.31
118.92
2.00
19.73
20.21
7.52
10.76
7.90
54.21
24.33
2.24
4.69
84.45
6.68
12.40
58.47
113.53
25.55
Status
Reservation
Trust
Trust
Trust
Trust
Trust
Pending Trust
Reservation
Reservation
Pending Trust
Pending Trust
Reservation
Trust
Trust
Trust
Reservation
Reservation
Trust
Pending Trust
Pending Trust
Reservation
Reservation
Reservation
Reservation
Reservation
Reservation
Trust
Trust
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Example from the Shakopee Mdewakanton Sioux Community
(SMSC 2008)
Fee and Trust lands of the Shakopee Mdewakanton Sioux Community (SMSC) consist of
approximately 2,625 acres in Scott County, Minnesota. SMSC lands contain various types
of surface waters including lakes, streams and wetlands, and three groundwater wells
that provide drinking water for the community. Rapid urban development on SMSC lands
impacts waters via nonpoint source pollution (NPS) such as nitrogen, phosphorous, salts,
oil, heavy metals, and sediment. Potential sources of NPS pollution include agricultural
runoff; commercial runoff from buildings and parking lots; urban runoff from roadways,
turf areas and construction activities; and residential runoff from driveways and lawns.
The principal goal of this pollution assessment is to evaluate current NPS pollution
impacts on SMSC water and outline measures to ameliorate future impacts.
Surface water quality data, biological data, and groundwater well testing data with an
ArcView Geographic Information System database were used to evaluate individual
SMSC surface waters. NPS pollution has negatively impacted all surface waters located
on SMSC lands. Impacts include degraded water quality, reduced fisheries and wildlife
habitat potential and reduced aquatic species richness and diversity. Most SMSC
waterbodies are moderately impacted, and provide partial support of primary and
secondary contact, fisheries use, and full support for agricultural use based on State of
Minnesota standards. However, one stream site located adjacent to the Reservation is
seriously impacted by agricultural use, and does not support use categories for which
it is classified. Proposed future land use changes as specified in the SMSC long-term
comprehensive plan indicate more areas could become seriously impacted by NPS
pollution. The SMSC adopted a Stormwater Management and Erosion Control ordinance
in March 2003 to help protect water quality from development.
Introduction
The reader should come away from the introduction with an understanding of the reservation
size, location, and fee/trust relationships and a summary of key water information—surface
NPS pollution problems, the probable sources, and actions that can be taken to control
them. The section should include a description of the tribe, including historical and land use
development context and cultural issues. If the tribe has current land planning or other natural
resources management programs, those programs should be described and related to the
water quality assessment in this section. An example of that would be CWA section 106 goals.
The introduction should also cover the goals and objectives of the report and describe the
public comment process. A goal is a general statement of purpose; objectives are specific,
measurable actions or intentions that lead to achieving the goal(s).
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Examples:
Goal statement: to identify and assess the nature and extent or threat of NFS pollution
on reservation lands and waters
Objective: to quantify and qualify the impairments to tributary X from pollutant Y
The introduction is an excellent place to include maps of reservation lands and waterways. It
is vital to establish a spatial context for pollution control activities, and maps are one of the
quickest ways to do that. A map will allow the reader to quickly see where impaired waters
are and what areas and communities they will affect. Tribes can include a regional map, a
map of reservation lands, or a map of the watershed. If the tribe does not have map-making or
geographic information system (GIS) capabilities, look for partners that can help, such as local
universities.
Example from the Santa Ynez Band of Chumash Indians
(SYCR 2006a)
The Santa Ynez Chumash Reservation is located in the south-central portion of Santa
Barbara County, California. The Tribal lands consist of 148.28 acres in the Santa
Ynez Valley and are inhabited by approximately 287 residents. The Santa Ynez Band
of Chumash Indians (SYBCI, or Tribe) is annexing an additional 6.9 acres from Santa
Barbara County for development of a museum, cultural center, and park. Zanja de
Cota Creek, a perennial tributary to the Santa Ynez River, runs through the length
of the Reservation. Residences flank the Creek on both sides, and a small amount of
commercial development exists in the northern area. The Reservation sits atop the
Upper Santa Ynez groundwater basin, which supplies a portion of drinking water to the
Santa Ynez River Water Conservation District. The Tribe is concerned with improving
and maintaining surface water and groundwater quality for future generations, as well as
for the Zanja de Cota Creek watershed.
Accordingly, the Santa Ynez Band of Chumash Indians began the process of developing
a Water Pollution Control Program (WPCP, or Program) in accordance with the Clean
Water Act (CWA) and the Tribe's original goals of ensuring fishable, swimmable, and safe
waters. The ultimate goal of the WPCP is the development and implementation of water
quality standards for future protection and sustained use of valuable Reservation water
resources, protection of public health and welfare, and the enhancement of water quality.
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Example from the Suquamish Tribe (ST 2008)
The goal of this assessment and management program is to create a general reference
which the Suquamish Tribe can use to coordinate and maximize the effectiveness of its
internal and external efforts to prevent, reduce and mitigate nonpoint source pollution
of the waters within and adjacent to the Port Madison Indian Reservation. The objectives
of the assessment and management program are: (I) Provide a description of the
present status of Reservation waters, (2) to describe some of the processes that have
a deleterious impact on those waters, and to (3), outline a range of options that can
address current and foreseeable negative impacts. We understand that funds provided
through section 319 of the Clean Water Act are to be used only to address nonpoint
source pollution as it impairs or threatens the quality of Reservation waters.
The Port Madison Indian Reservation was established for the Suquamish Tribe under
the terms of the Treaty of Point Elliott of 1855. The 7,392 acre Reservation is divided
into "fee land" and "trust land." Fee land, also known as "fee simple," is land within the
external boundaries of the Reservation that was principally sold to non-Indians and
taken out of trust status under the General Allotment Act; fee land can be owned by
Tribal members or other Native Americans. Trust land is held in trust by the federal
government for the benefit of the tribe or tribal member; this land cannot be subject to
municipal, county, state, or federal taxation.
...—I- Seattls
Kingston
m
Port Madison Indian Reservation
Washington
Indianola
• Suquamish
Puget Sound
Sandy Hook
Park
Figure 1-2. Location of Port Madison Indian Reservation.
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The general water use and criteria classification of surface waters within the basin has
until recently been classified as AA (extraordinary). Characteristic uses for AA waters
include water supply for domestic, industrial, and/or agricultural purposes; salmon and
other fish rearing, spawning, and harvesting; shellfish (i.e., clam, oyster, mussel, crab)
rearing, spawning, and harvesting; wildlife habitat; and, stock watering. The revised water
quality standards for Washington State now simply regard the waters of the PMWRB
as protected for the designated uses of: salmonid spawning, rearing, and migration;
primary contact recreation; domestic, industrial, and agricultural water supply; stock
watering; wildlife habitat; harvesting; commerce and navigation; boating; and aesthetic
values (WAC 173-20IA-600). This change appears to relax the dissolved oxygen and
temperature criteria DO was 8.5 mg/L and is now 8.0 mg/L; temperature was 16 °C and
is now 17.5 °C.
The climate of the study area is a marine zone with narrow temperature ranges and
moist air. The average daytime low and high temperatures of the area ranges from 30s
to 40s °F in the winter and 70s to 80s °F in the summer. The average annual rainfall
is approximately 35 inches, with about 70% of the precipitation occurring during the
period of October to March. Streamflow characteristics in the basin closely correspond
with seasonal precipitation patterns. High flows are usually found during the higher
precipitation periods of November to March. The lowest streamflows are normally
found during the period of July to September (USGS 1979).
The primary objectives to achieve this goal are
• To perform water quality sampling and watershed evaluation;
• To evaluate beneficial uses and develop water quality standards for the protection
of reservation water resources;
• To address specific modifications to correct degradation and improve conditions;
• To facilitate education and outreach programs; and
• To continue current monitoring and reevaluation as necessary.
This Non-point Source Pollution Assessment Report identifies possible sources of
nonpoint source (NPS) pollution and describes the processes and programs needed
for the Reservation to address NPS pollution. Upon approval of this report, the Tribe
plans to apply for Clean Water Act Section 319(h) funding to establish and continue
these programs, including "technical assistance, financial assistance, education, training,
technology transfer, demonstration projects, and regulatory programs" (U.S. EPA 2000).
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Methodology
The methodology section describes the assessment methods used. The information in this
section should include:
I How and when field data were collected (surface and ground water)
Timelines (years in which data were collected)
I Spatial analysis units if GIS was used
Sources of historical data (for example, from state or other federal agencies)
The level of the quality of your data
Sampling design
Sampling parameters
I Standards used
Any observations or assumptions made during data collection or analysis
Data management
Example from the Confederated Tribes of Grand Ronde
(CTGR 2008a)
The assessment area encompasses the Willamina Creek and Upper South Yamhill River
5th-field watersheds with an emphasis on the Grand Ronde Reservation and Tribal
Trust lands within these watersheds. Data used for the analysis of nonpoint sources of
pollution within the assessment area came from a variety of sources, depending on the
parameter. Since the Tribe has not established water quality standards of its own, the
State of Oregon's water quality standards are used. Included are:
• Streamf/ow. U.S. Geologic Survey streamflow gauging of Willamina Creek
(#14193000) and South Yamhill River (#14192500). Both of these stations are
below Tribal Trust lands. Data displayed are monthly averages of July, August, and
September flows from 1934 to the early 1990s. No other long-term flow monitoring
stations exist within the assessment area.
• Water temperature. Continuous summer monitoring by the Tribe at 32 sites and
by the Yamhill Basin Council at 3 sites between 1999 and 2003 within and near Tribal
lands. In order to obtain representative values for all stations for a common year
(2003), station values missing in 2003 were estimated using a correlation between
2003 and 2001 values.
• Bacteria. Monthly data for three stations (DEQ) in or near the assessment area
from August 1986 to February 1988. Stations include; #10954 South Yamhill River
upstream of Grand Ronde (near Midway), #10969 Willamina Creek downstream of
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Willamina (near mouth), #10951 South Yamhill River at Rock Creek Road (upstream
of Sheridan). Monthly data for five Tribal testing stations in the assessment area
from March through June 2008. Stations are located on Coast Creek (as passes out
of Parcel #1), Cosper Creek (as passes through Parcel #28), South Yamhill River (as
passes through Parcel #23), Agency Creek (as passes through Parcel #12), and Wind
River (as passes out of Parcel #1).
• Turbidity. Monthly data for three stations (DEQ) in or near the assessment area
from August 1986 to February 1988. Stations include; #10954 South Yamhill River
upstream of Grand Ronde (near Midway; upstream of Tribal Trust lands), #10969
Willamina Creek downstream of Willamina (near mouth), #10951 South Yamhill
River at Rock Creek Road (upstream of Sheridan).
• Nutrients. Total phosphorus and nitrate nitrogen at monthly intervals for three
stations (DEQ) in or near the assessment area from August 1986 to February
1988. Stations include; #10954 South Yamhill River upstream of Grand Ronde (near
Midway), #10969 Willamina Creek downstream of Willamina (near mouth), #10951
South Yamhill River at Rock Creek Road (upstream of Sheridan). Monthly data for
five Tribal testing stations in the assessment area from February through June 2008.
Stations are located on Coast Creek (as passes out of Parcel #1), Cosper Creek
(as passes through Parcel #28), South Yamhill River (as passes through Parcel #23),
Agency Creek (as passes through Parcel #12), and Wind River (as passes out of
Parcel #1).
• Macro/nvertebrates. Fall monitoring by the Tribe from 1998 to 2002 at 35 sites;
all sites were on or upstream of Tribal Trust lands. Not all sites were sampled each
year. Results used in this report include general biotic integrity, EPT taxa richness
(E = Ephemeroptera, P = Plecoptera and T = Trichoptera), and percentage of
organisms that are intolerant EPT.
Some of this information might be included in your Quality Assurance Project Plan (QAPP),
which should also be referenced in this section. Provide a timeline and explain how the data
were collected (for example, field-collected or observational), the spatial analysis units, the
sampling design, the parameters measured, and the standards/narrative criteria employed.
Describe whether the tribe has its own standards or uses standards from another agency.
Tribes could also use criteria from other sources based on the literature (e.g., nutrient levels
for wild rice production).
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Example from the Santa Ynez Band of Chumash Indians
(SYCR 2006a)
The Tribe is currently developing water quality standards with which to compare surface
water monitoring results; they are also developing beneficial uses, numeric and narrative
criteria, and an Antidegradation Policy. Eventually, Tribal narrative and numeric criteria
will provide the Tribe with its own objectives for Reservation water resources. For the
purpose of this assessment report, Central Coast RWQCB standards (State Water
Resources Control Board 1994) have been utilized for evaluating the impact of nonpoint
source pollution.
A habitat assessment and water quality sampling were performed in January 2005 by
the Tribe. A historical review was conducted, which included (I) discussion with Tribe
members and Tribal elders; (2) a review of historical photographs to determine changes
in land use and fluctuations in the riparian canopy, and to identify significant mass
wasting events within the watershed; and (3) a review of data collected since May 2004
from surface water monitoring at the Chumash Wastewater Treatment Plant for the
National Pollutant Discharge Elimination System (NPDES) permit number CA0050008.
The physical habitat survey was performed at locations ZDC-2, ZDC-3 and ZDC-5, and
summarized in detail in the Draft Final Preliminary Water Quality Assessment Report, Zanja
de Cota Creek (SYBCI 2005a).
The survey included the following elements:
• Use of geographic information system digital elevation data to delineate watershed
boundaries and to map key features within the watershed;
• A walking reconnaissance of the entire length of the Zanja de Cota Creek from its
confluence with the Santa Ynez River through Tribal lands to the community park
above State Route (SR) 246;
• A driving tour with several stops to evaluate headwater conditions northeast of the
City of Santa Ynez, land use, and other potential impacts within the watershed; and
• A review of historical photographs to determine changes in land use, fluctuations
in the riparian canopy, and to identify significant mass wasting events within the
watershed.
Monthly surface water sampling began December 2005, as outlined in the Sampling
and Analysis Plan and Quality Assurance Project Plan (SYBCI 2005b). These water quality
data are collected to create baseline standards for the Creek and to identify watershed
characteristics, potential health concerns, and possible detection of contaminants within
Zanja de Cota Creek for an overall assessment of water quality and system health.
Results from these events are summarized in the Draft Final Preliminary Water Quality
Assessment (SYBCI 2005b) and in Sections 4.0, 5.0 and 6.0 of this report. Results of
continued water quality monitoring will be discussed in quarterly monitoring reports.
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Monitoring includes the collection of in-situ parameters (DO, SC, temperature, turbidity,
and pH) and grab samples from four sampling locations, ZDC-3, ZDC-5, ZDC-7, and
ZDC- 8, which are analyzed for total dissolved solids (TDS), TSS, chloride, sulfate,
phosphorus, total Kjeldahl nitrogen, nitrates, nitrites, ammonia, dissolved metals, boron,
sodium, and bacterial indicators (total coliform, fecal coliform, and Enterococcus). After
collection, the grab samples are preserved with ice and transported to the appropriate
State-certified laboratory. Standard U.S. EPA analytical methods are used for all grab
samples collected (SYBCI 2005).
Surface water samples taken from the January 2005 and current monitoring events were
compared to the water quality objectives set by the Central Coast RWQCB within the
Basin Plan. The levels set for TDS, chloride, sulfate, boron, sodium, nickel, and fecal
coliform are based on yearly averages; therefore, a year's worth of data needs to be
collected to effectively compare the results. Constituents such as TSS, phosphorus,
and dissolved metals (cadmium, chromium, copper, lead, mercury, and zinc), except
nickel, have no maximum level set by the Central Coast RWQCB and will be contrasted
between sampling locations and sampling events.
A comprehensive and detailed methodology will give your study credibility. Accurately
reporting the methods will validate the data in the eyes of the reviewers. The tribe needs to
show that it has collected samples using predetermined methods to ensure the accuracy of
results.
Land Use Summary
The land use summary explains existing land uses and the characterization of ecological
conditions on reservation lands. When possible, use maps and identify watersheds at
the 12 Hydrologic Unit Code (HUC) level, describing any subbasins appropriate to your
assessment and management needs. Some of the physical characteristics to include are
acreage, predominant land types and uses, topography, and information on soils and general
geology. Be sure to highlight any characteristics or trends that affect water quality; for example,
Karst topography (which allows runoff to easily enter ground water sources), a tendency for
alternating flash flooding and droughts, or porous soils that trap and hold pollutants.
In addition, include a description of land uses and socioeconomic conditions in this section.
Place emphasis on characteristics that factor into water quality, such as population density,
economic activities, or unique challenges faced by residents. Use online resources, EPA
Regional staff, and local or tribal authorities to gather information for this section. Some tribes
have successfully partnered with state agencies, universities, volunteer groups, and other
entities to gather land use and water resource information. Such partnerships help to lay the
groundwork for later efforts to assess and manage water quality in areas where tribal and
nontribal lands intersect.
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For this section and subsequent sections, EPA recommends that tribes present data in charts
or tables to the extent possible. However, do not force the information into a format for which
it is not suited. Tables and charts are recommended because they are an easy way to present a
lot of information to the reader.
Example from the Ute Mountain Ute Tribe (UMUT 2005a)
In the Four Corners region, rangeland and forest account for roughly 85 percent of the
entire area, and they cover large areas of the Ute Mountain Ute Reservation as well.
Most of the Ute Mountain Ute land is either non-commercial timber land (forest) or
rangeland used for open grazing (Table 1-2). The Weeminuche Construction Authority
uses several acres as an equipment yard for storage and maintenance of equipment and
construction materials. Other uses include recreational use (e.g., Tribal Park), resource
extraction activities, and irrigated agriculture. Outside of Towaoc, urban land use is
essentially non-existent.
Accordingly, primary land uses on the Ute Mountain Ute Reservation include housing
for tribal members, oil, natural gas, and sand and gravel extraction, grazing for Tribal
livestock, and the Farm and Ranch Enterprise south of Sleeping Ute Mountain. In addition,
the Ute Mountain Utes operate several tourism facilities, including the 125,000-acre Ute
Mountain Tribal Park, the Ute Mountain Casino Hotel/Resort, the Sleeping Ute RV park,
and Ute Mountain Pottery. Table 1-2 summarizes the current land use on the reservation.
Table 1-2. Land use in Ute Mountain Reservation
Use
Irrigated farm land:
Timber land:
Farm and Ranch Enterprise
Mancos Creek Farm
Commercial
Non-commercial
Livestock Range
Other uses (non-agricultural)
Area
(acres)
7,127
157
0
163,767
401,433
1,614
Source: Tribal Land Use Commission, as cited in Ute Mountain Ute Tribe, I999a.
The Ute Mountain Ute Tribe Farm and Ranch Enterprise is an irrigated agricultural
project designed for 7,634 acres of Ute Mountain Reservation land in southwest
Colorado (UMU I999b). In addition, the Ute Mountain Ute Resources Department
operates the smaller Mancos River Farm, which irrigates a few hundred acres. The Farm
and Ranch Enterprise grows triticale and alfalfa hay and small grains including corn,
wheat, and barley. The Mancos River farm grows hay and provides irrigated rangeland.
The Farm and Ranch Enterprise primarily grows crops, but also owns ~l,200 head of
cattle. The purpose of the project is to operate a profitable agricultural enterprise, in
addition to providing skilled year-round employment to Tribal members. The enterprise
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was established, in part, following a dispute in the 1950s over the completion by the
Bureau of Reclamation (BOR) of a project that diverted water away from the reservation
to non-Indian ranches. Settlement of the water rights issues raised by this project
eventually led to the creation of the Dolores Project and Ute Mountain Ute Farm and
Ranch Enterprise.
The Farm and Ranch Enterprise uses water entitled to the Ute Mountain Utes by the
Colorado Ute Water Settlement Act of 1988, which facilitated the importation of water
for irrigation, municipal and industrial, recreation, and wildlife uses. The Dolores Project
is a water storage and delivery project that resulted, in part, from the water rights
settlement. Water is stored in McPhee Reservoir, located 10 miles north of Cortez,
Colorado and 20 miles from the Ute Mountain Ute Reservation. Water for irrigation,
wildlife and recreation is transported from the reservoir through the Towaoc Highline
Canal, and municipal water is transported by pipeline from Cortez to Towaoc. The Farm
and Ranch Enterprise is designed to encompass roughly 7,600 acres of irrigated cropland,
primarily south of Sleeping Ute Mountain, and to use on the order of 23,000 acre-feet
per year of water.
Oil and gas leases cover 61,745 acres in the south and east part of the reservation,
54,195 acres of which are actively producing (UMU I999a). An additional 290,000 acres
of reservation is available for oil and gas exploration and development. The lands in Utah
consist mainly of residential use and livestock use. Traditional plant gathering and limited
gardening is practiced in Allen Canyon, the historical home of the Tribal Members who
now live in White Mesa.
Example from the Red Lake Band of Chippewa Indians
(RLBCI 2008a)
The following land use summary begins with a general narrative of land use organized by
watershed, followed by a pie chart with the most common land uses (>l%) included as
groups. Detailed maps with information about land use in all watersheds flowing onto
and off of the diminished Reservation are shown below each narrative.
Shotley Brook Watershed
Shotley Brook is mostly an undeveloped watershed, primarily consisting of wetlands
with interspersed upland forest stands. Basic land use is summarized in Table 1-3 and
Figure 1-3.
Table 1-3. Basic land use patterns in the Shotley Brook watershed
Area: 34,938 acres
Data Source: Red Lake DNR Land Use (Unpublished)
Wetland/Open Water
22,237 acres
Forest
9,6 17 acres
Farmland
1,8 12 acres
Urban
181 acres
Residential
40 acres
Other
1,050 acres
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Other, 1.7% Cropland, 2.1%
Forest, 11.7%
Open Land, 3.0%
Pasture, 3.0%
Regenerating Aspen, 14.6%
Regenerating Evergreen, I.I
Figure 1-3. General Shotley Brook watershed land use.
An important component of the land use summary is identifying your NFS categories at the
subcategory level. Doing this will enable you to focus your remediation efforts and select
appropriate BMPs. Table 1-4 illustrates how you might summarize that information in this
section. Note that the subcategories are self-described by the tribe.
Table 1-4. Categories and subcategories of NPS pollution identified in assessment
plan from the Red Lake Band of Chippewa Indians (RLBCI 2008a)
Category
Acid Mine Drainage
Agriculture
Forestry
Hydromodiflcation/Habitat Alteration
Marinas/Boating
Roads, Highways, and Bridges
Urban
Wetland Riparian Management
Other
Subcategory
Crop-related
Grazing-related
Animal holding areas
Streambank erosion
Vegetated buffers
Streambank erosion
Channelization
Vegetated buffers
Maintenance runoff
Construction
Stormwater runoff
Failing septic systems
Illegal dumping
Impairment level*
4
2
2
1
3
4
3
3
3
4
3
3
3
4
4
3
* Scale of Impairments:
Level I. Confirmed impairment currently exists.
Level 2. Possible impairment: not yet confirmed by monitoring data.
Level 3. NPS pollution occurring with no current impairment to waterbodies.
Level 4. No known NPS pollution occurring or impairment to waterbodies at this time.
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Example from Jamestown S'Klallan Tribe (JST 2007)
Figure 1-4 uses GIS mapping technology to illustrate land use in the Sequim-Dungeness
Valley.
ffe,
N
A
Land Use
1994
Sequim/Dungeness Valley
Bare
^^| Built (house/bam/road)
Fields/farmland
Forest
Grassy/brushy
Lawn
^H Water
Source: Ecfcert. Univ. ofWashlngton. 1998
Figure 1-4. Land use in Sequim/Dungeness Valley (JST 2007).
Surface and Ground Water Quality Summary
The intent of this section is to present a summary description of the condition of surface water
and ground water on the reservation in terms of size, hydrology, and use. All water should
be described, including rivers, creeks, lakes, reservoirs, wetlands, and canals. Be consistent
in characterizing each waterbody: If it is a stream, call it a stream each time the waterbody
is discussed. Frame the discussion of the waterbodies around the hydrology, water quality,
and flow conditions. Include intermittent and ephemeral waterbodies as appropriate. Give the
length of stream/river miles and lake acreage within the reservation boundaries or areas under
tribal jurisdiction. Ground water should also be described.
Detailed maps and other graphics should be used to display the information if possible,
including those freely available from Web sites. Including a few pictures of reservation
waterbodies in this section is highly recommended. The following example, from the
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Jamestown S'Klallam Tribe's watershed-based plan, shows the Dungeness Tribe's watershed
planning area boundary (Figure 1-5).
Dungeness Watershed
Planning Area
N
A
I Miles
2,5
10
Reservation Waters
Waters entering Reservation waters
Other Waters in Tribe's Primary
Management Area
Figure 1-5. Dungeness watershed planning area (JST 2007).
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This section should include enough information to create a picture of reservation waters for
the reader. Presenting waterbody information on a watershed basis is encouraged. Ideally,
the information is presented in a general way for the entire reservation and in detail for each
watershed. It is important to include the following:
Water types (e.g., river, stream, wetland, reservoir, lake, etc.)
Waterbody size/length
Watershed size
Pollution types (this includes existing pollution and potential pollution)
Usage information (i.e., cold-water fishery or recreation)
Historical water quality information, if available
EPA recommends including hydrologic unit code (HUC) numbers in watershed descriptions.
A HUC is a 2- to 12-digit number assigned by the USGS as part of its surface waterbody
classification system. The United States is divided and subdivided into successively smaller
hydrologic units, which are classified into four levels: regions, subregions, accounting units,
and cataloging units. The hydrologic units are nested, from the smallest (cataloging units) to
the largest (regions). Each hydrologic unit is identified by a unique HUC on the basis of the
four levels of classification in the hydrologic unit system, http://water.usgs.gov/GIS/huc.html.
It is easy to obtain your watershed's HUC on EPAs Surf Your Watershed Web site,
www.epa.gov/surf. Once you have the HUCs, you will be able to link your information with
other data storage programs.
Tribes might not need to collect new raw data. The tribal ambient or drinking water
monitoring programs, as well as other federal and state agencies might have already collected
data that can be used and incorporated into the assessment report. Most of that information is
posted on agency Web sites, and can be easily located and downloaded for tribal use. Cite the
source of the data in your report.
Example from the Shakopee Mdewakanton Sioux Community
(SMSC 2008)
Shakopee Mdewakanton Sioux Community (SMSC) lands, located entirely within the
Lower Minnesota River Watershed, contain two shallow lakes, three shallow, perennial
and intermittent streams and numerous temporary to semipermanently flooded
wetlands. The two lakes and three streams are partially located on SMSC land; most
wetlands occur within property boundaries.
Land Department staff has collected surface water quality data since 1999 as part of
CWA Section 106 grant funding. Sample sites have remained constant for the most
part; however, a few sites have been eliminated while others have been established.
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Parameters collected vary by site; all include nutrients: total phosphorus (TP), ortho
phosphorus (OP), nitrite+nitrite (NO2+NO3), total kjeldahl nitrogen (TKN), ammonia
(NH4), chlorophyll-a; some include heavy the metals of copper, lead and zinc as well
as chloride. Land Department staff has also completed MNRAM function and value
assessments on both lakes and many wetland areas.
SMSC waterbodies are degraded compared with pristine waterbodies located in the
North Central Hardwood Forest ecoregion. Agriculture and urban impacts to lakes,
streams, and wetlands are evident by inferior water quality and loss of vegetative
diversity and wildlife habitat.
SMSC drinking water derives from the Prairie du Chien-Jordan and Franconia-lronton-
Galesville aquifers. The Public Works Department completed and passed all tests
required by the US EPA which includes daily testing of chlorine, fluoride, iron and
manganese and regular testing of bacteria, pesticides and other contaminants. Both
wells contain few contaminants, and both fully support drinking water use. Land staff
designates SMSC groundwater as good water quality.
Results
The purpose of this section is to clearly define the status of reservation waters using
presentation, analysis, and interpretation of available data for each waterbody. At the
beginning of this section, it might be helpful to reiterate the most important NFS pollution
problems or threats on the reservation. Although all significant pollutants should be
addressed, special emphasis can be given to the most important pollutants by presenting
more data and providing more in-depth interpretations for them. A general status of the
waters should be presented in a narrative overview, which should be supported by a table
summarizing the status of all waters of the reservation by waterbody. The information
presented in your narrative section should include the following:
Waterbody name
Area or length
Each major type of biological, physical, or water quality parameter or pollutant
measured or observed (e.g., fecal coliform, pH, Biotic Index, sedimentation, flow)
Any nonpoint causes or sources of concern (categories and subcategories)
Water quality parameters indicating impairments or threats and the severity of impact
or threat (such as slightly impacted, moderately threatened, severely threatened or
impacted)
An assessment of the overall water quality condition (such as good, fair, poor)
The type of information used to make the assessment (monitored or evaluated)
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This section should contain a summary of the data collected. The actual data should be
included in an appendix, or a Web site or document should be referenced. Data analysis
should be saved for the Discussion section that follows. When presenting collected data, it
might be helpful to use subsections, including those for water quality data, beneficial use
designations, and use impairment determinations.
Monitoring data from the tribe's water quality monitoring program, as well as data from
other sources (USGS, state, others), should be summarized and presented by watershed in
this chapter because watersheds are the basis for NFS management planning. Watershed-
scale maps would support this approach. Data should be presented in summary form and
interpreted in this chapter, including data collected by the tribe, USGS, state agencies, and
other entities. These data should be described in terms of date sampled or year/season
assessed, number of years data were collected, and reliability/associated QA. It is important
to indicate whether there are any significant data gaps, i.e., gaps that lead to major questions
regarding the current status or condition of a waterbody.
Water quality standards or goals (approved or draft), if available, should be included in the
data tables to assist in making use impairment determinations. Exceedances of maximum
values presented in established standards could be presented as maximums, minimums,
and averages for each sampling site. The number of exceedances needs to be expressed in
relationship to the total number of samples and the sampling period.
The section should conclude with a determination of which waterbodies are threatened or
impaired by NFS pollution, and the general nature of the impairment or threat.
Example from the Red Lake Band of Chippewa Indians
(RLBCI 2008a)
Waters on the Red Lake Reservation that have been historically monitored are generally
only slightly impacted or in pristine condition. Many Reservation lakes and streams have
never been sampled. This is due to the fact that the Reservation is extremely large with
a water resources staff that is relatively small. It is likely that with continued monitoring
new pollutants and sources will be discovered.
The tribe does not currently have official water quality standards in place. Minnesota
state and/or EPA standards were used to determine whether waters were polluted
or not. Although all major streams have been included in Table 1-5, lakes were only
included if data existed in our databases.
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Table 1-5. Results table for streams on the Red Lake Reservation
Waterbody
Mosquito Creek
Manomin Creek
Tamarac River
Shotley Brook
Sucker Creek
Battle River
Blackduck River
Hay Creek
Wending Creek
Mud River
Shemahgun Creek
Pike Creek
Little Rock Creek
Big Rock Creek
Sandy River
Red Lake River
Clearwater River
Miles
3 miles
10 miles
20 miles
8 miles
3 miles
51 miles
320 miles
17 miles
8 miles
25 miles
2 miles
51 miles
12 miles
1 1 miles
48 miles
193 miles
44 miles
Monitored
No
Once (1990)
1990-2006
Once (1990)
No
1990-2006
1990-2006
No
No
1990-2006
No
1990-2006
No
No
1992-2006
1992-2006
1992-2006
Known
pollutants
None
None
None
None
None
P
P
None
None
None
None
FCB
P
None
None
None
None
TSS
Source
N/A
N/A
N/A
N/A
N/A
Possible agricultural input and
natural runoff
Possible agricultural input and
natural runoff
N/A
N/A
N/A
N/A
Feedlot
Natural and agricultural runoff
N/A
N/A
N/A
N/A
Agricultural Runoff
Severity
N/A
N/A
N/A
N/A
N/A
Unknown
Unknown
N/A
N/A
N/A
N/A
Unknown
N/A
N/A
N/A
N/A
Unknown
Example from the Soboba Band of Luiseno Indians (SBLI 2007)
The status of known and potential impairments to surface water bodies on or
adjacent to Reservation Trust lands is summarized in Table 1-6. The chemical quality
of surface water on the Reservation, so far as is known, fully supports the existing
uses of groundwater recharge, plant and wildlife habitat, and recreation. The over-
riding impairment to support of the existing surface water uses on the Reservation is
the reduction of flows by off-Reservation diversions and groundwater pumping. This
impairment has been considered by the Tribe primarily in the context of water rights.
Little information is available on water quality on the Reservation, although elevated
coliform counts have been observed in Indian Creek and the San Jacinto River. There
is no evidence to suggest any deterioration in the chemical quality of surface waters
entering the Reservation, but few data are available from which to support this assertion.
Because of this lack of information, implementation of a formal program for monitoring
of surface water quality and flows on a long-term basis is necessary to properly assess
surface quality conditions on the Reservation.
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Table 1-6. Surface waterbody* summary
Waterbody
Sanjacinto River
Indian Creek
Poppet Creek
Stream
(miles)
4.5
3.8
2.2
Impairment
Coliform
Sediment
Pesticides
Nitrate
Petroleum
hydrocarbons
Reduced flow
Coliform
Sediment
Nitrate
Reduced flow
Sediment
Pesticides
Nitrate
Unknown
Reduced flow
Source category
Unknown
Natural and roads (erosion)
Agriculture
Waste water recharge
(septic systems)
Casino parking lot runoff
Off- Reservation diversion
and pumping
Possibly agriculture
(livestock)
Natural and roads, including
stream crossings (erosion)
Waste water recharge
(septic systems)
Off- Reservation diversion
and pumping
Natural and roads (erosion)
Agriculture
Agriculture (fertilizer)
and waste water recharge
(septic systems)
Landfills (unpermitted)
Off- Reservation diversion
and pumping
Severity
Unknown
Unknown
Unknown
Unknown
Unknown
Severe
High
Unknown
Unknown
Severe
Unknown
Unknown
Unknown
Unknown
Severe
* Type of waterbody: rivers and streams on or adjacent to Reservation Trust lands.
Discussion
The purpose of this section is to interpret your results. This is where you discuss the
relationship between the information presented in the Results section and the impacts on
water quality (by NFS category) on the reservation. NFS pollution sources should be linked
to water quality impairments and threats. It is here, for example, where the report could show
that the fertilizer runoff that enters Stream X at area A is contributing to high nutrient levels at
points B, C, and D.
Identify the categories of NFS pollution (e.g., agriculture, silviculture, construction) that are
causing the majority of the impaired water uses, and rank them by the amount of quantifiable
impairment. Highlight the waters that are impaired by each category of pollution, and include
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a description of the relationship between NFS pollution and specific impaired water quality
parameters, as well as any subsequent effects.
Finally, include a summary discussion of the interpretation and analysis of the data. In
some cases, the linkages between water quality conditions captured through your data and
observed conditions (categories and subcategories of NFS pollution) on the reservation lands
or upstream might not be clear. In those cases, additional data may be needed to fully assess
pollutant sources, or you might need to begin with a best professional judgment until those
linkages can be better confirmed. Identifying causes and sources of NFS pollution is an
ongoing process that becomes clearer with time. This section should conclude with your best
determination of waterbody impairments by NFS pollution.
Example from the Red Lake Band of Chippewa Indians
(RLBCI 2008a)
Water quality on the Red Lake Reservation is generally very good. Lake TSI values are
remaining stable with only a few exceptions that have shown a slight decrease in the past
decade. The Red Lakes continue to fall into the Eutrophic category but remain a healthy
walleye fishery. A large number of lakes have not been sampled and will require future
monitoring.
Fecal coliform bacteria in Pike Creek are increasing the risk of human health issues
on the Reservation. The major known input of FCB comes from a feedlot located just
outside the Reservation.
High levels of nutrients and total suspended solids in streams are threatening aquatic
life in Reservation waters. The major inputs of these pollutants are likely related to off
Reservation agriculture and naturally high nutrient levels in organic soils.
Example from the Suquamish Tribe (ST 2008)
The Washington State DOE proposed 303(d) listings provide a succinct way to identify
some of the effects of NPS pollution. Several of the streams are currently listed, among
them, Grovers Creek, the largest within the PMWRB.
Table 1-7 pulls together the stream, impervious area, identified pollutant concerns,
typical NPS sources that contribute to the identified concern, and how much the NPS is
likely to contribute to degradation of the stream. Red identifies the parameters that are
proposed to be listed as category 5.
We have concerns about low flows in Grovers Creek. Table 1-8 shows how the Minimum
In-stream Flow increments change over time and repeat in the spring and fall of the year.
In the leftmost column are the Minimum In-stream Flow increments; the right hand side
shows the time periods subject to the specific flows with time moving in a clockwise
direction.
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Table 1-7. Identified pollutant concerns in reservation waters and likely nonpoint sources
Stream
subwatershed
Stoljah
Kitsap
Cowling
Indianola
Kleabel
Grovers
Sam Snyder
Doe- Kag- Wats
TIA %
17.8
17
14.4
13.4
10.4
10.2
9.1
6.9
Indentified pollutant concerns
Parameter (303(d) Category)
Dissolved Oxygen (5)
Fecal Coliform (5)
Dissolved Oxygen (5)
Fecal Coliform (4B)
Dissolved Oxygen (5)
Fecal Coliform (5)
Dissolved Oxygen (5)
Fecal Coliform (4B)
pH(2)
Dissolved Oxygen (2)
Fecal Coliform (5)
Dissolved Oxygen (5)
Fecal Coliform (5)
Temperature (2)
Turbidity (2)
Low Flow
PH(5)
Low Flow
Nonpoint
sources
4000
7600
4500
7000
7550
8920
4000
7600
4500
7000
7550
7800
8710
7700
4000
7550
7600
4000
7600
4500
7550
7000
4000
7600
4500
7550
7000
4000
7600
4500
7000
7550
7800
8920
4500
7000
7550
8600
8920
2000
7550
Likely
contribution
High
High
Moderate
High
Moderate
High
High
High
Moderate
Moderate
Moderate
Moderate
High
High
High
Moderate
High
High
High
High
Moderate
High
High
High
Moderate
Moderate
Moderate
High
High
High
Moderate
High
High
High
High
High
Moderate
Low
High
Moderate
Moderate
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Table 1-8. Minimum in-stream flows for Grovers Creek
Minimum
in-stream
flow (cfs)
5.5
4.5
4
3.5
3
2.5
2
Period
(colored cells indicate periods when the stream basin is closed to further appropriation.)
-» -» December Ist to April 14th -» ^
t November 15th to November 30th
t November Ist to November 14th
t October 1 5th to October 3 1 st
t October Ist to October 14th
t September 15th to September 30th
April 15th to April 30th I
May Ist to May 14th I
May 15th to May 31st i
June Ist to June 14th ^
June 15th to July 14th i
t <- July 15th to September 14th <- <-
The following template illustrates a suggested method of displaying a summary of your results
and the conclusion of your analyses as narrated in your discussion.
Discussion of NFS Pollution/Sources in Watershed/Subwatershed
• NPS pollution categories and subcategories of concern
• Impairments identified from water quality data analysis
• Location of NPS problems: In (Name) and (Name) subwatersheds; in marine subwatersheds only;
throughout the reservation
Example: St. Mary's Creek Watershed
NPS Pollution Category: Agricultural Runoff
Subcategory: Cattle Grazing and Ranching Operations
• So/7 slumping on streamside and other slopes in grazing areas (sediment)
• Loss of riparian vegetation from cattle grazing in and out of streams (sediment and temperature
problems)
• Contaminated runoff and direct deposition of manure and urine to streams (pathogens, ammonia)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^m
Figure 1-6. Summary template.
Selection of Best Management Practices
The purpose of this section is to identify how you will choose BMPs to address the NPS issues
identified in your assessment report. Tribes should not discuss the implementation of the
BMPs in this section because that information will be required in the management program
plan (management plan). In this section, the tribe establishes only that there is an appropriate
system for choosing which BMPs to implement on reservation lands. This section includes
1. Core participants. In addition to listing the agency(ies), organization(s), or task
force(s) responsible for BMP selection, briefly describe their mission statements and
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membership composition. Also identify the level of participation for each agency,
organization, or task force. Here you should also discuss any specific programs (e.g.,
U.S. Department of Agriculture [USDA] cost-share programs) that have been contacted
for BMP selection assistance. Types of participation in BMP selection include:
• Technical assistance
Education
Demonstration projects
• Financial assistance
Example from the Ute Mountain Ute Tribe (UMUT 2005a)
Best management practices (BMPs) for the control of nonpoint sources of pollution will
be selected based on various factors including information provided by the Non Point
Source Task Force and decisions made by the Task Force. The Nonpoint Source Task
Force consists of representatives from the following Tribal departments and enterprises
and government: Environmental Programs Department, Farm and Ranch Enterprise,
Energy Department, Weeminuche Construction Authority, Tribal Park, Planning
Department, Natural Resources Department, Tribal Council and Executive Director's
Office. Non-tribal agencies represented periodically at the Nonpoint Source Task Force
meetings include: Bureau of Indian Affairs, USDA-Natural Resources Conservation
Service, U.S. Bureau of Reclamation, and the Indian Health Service.
Implementation of BMPs will be accomplished through a number of nonpoint source
pollution programs, funding mechanisms, and educational programs conducted by the
Tribe in conjunction with federal and state agencies. Some of the federal government
agencies that can contribute to a nonpoint source pollution control program include:
• U.S. Department of Agriculture
• Bureau of Indian Affairs, Department of Interior
• Bureau of Reclamation, Department of Interior
• U.S. Environmental Protection Agency
• Indian Health Service
Additional discussion of funding sources and program requirements of each of these
agencies is included in the Ute Mountain Ute Nonpoint Source Pollution Management
Program Plan.
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Example from the Soboba Band of Luiseno Indians (SBLI 2007)
Table 1-9. Core participants for BMPs (SBLI 2007)
Participant
Tribal Council, Soboba Band
of Luiseno Indians
Environmental Department,
Soboba Band of Luiseno
Indians
Public Works Department,
Soboba Band of Luiseno
Indians
Soboba Water Utilities,
Soboba Band of Luisenio
Indians
San Jacinto River Watershed
Council
Riverside County Fire Control
and Water Conservation
District
Lake Hemet Metropolitan
Water District
Eastern Metropolitan Water
District
U.S. EPA
U.S. National Forest Service
U.S. Bureau of Land
Management
Role
Lead participant. Sets strategic policies and provides legal
authorization for activities.
Provides operational lead to surface water monitoring and
pollution control activities. Conducts and oversees funding,
implementation, and evaluation of monitoring programs and
BMPs. Conduct and oversee educational programs for pollution
reduction.
Provide operational lead for road and firebreak construction,
repair, and maintenance.
Provides monitoring of groundwater quality in Tribal wells.
Interagency coordination.
Policy coordination, program review, and fire control
coordination.
Policy coordination and program review.
Policy coordination and program review.
Technical and funding resource. Provides oversight of drinking
water quality monitoring.
Fire control coordination and technical resource.
Fire control coordination and technical resource.
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.
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Example from the Suquamish Tribe (ST 2008)
The model for the tribal decision making process regarding choosing BMPs most suitable
to address each category and subcategory of nonpoint source pollution identified in our
NPS assessment is as follows:
I. Identify all BMPs that are appropriate to each type of NPS pollution through
research and consultation.
2. Determine which of the above BMPs are suitable for the PMWRB in terms of scale,
environment, and existing infrastructure.
3. Determine likely effectiveness of locally appropriate BMPs in reducing NPS loading
through research, modeling, and consultation. Rank them based upon likely
performance.
4. Consult with other relevant agencies and jurisdictions to determine which of
the BMPs may best be used in coordination with their efforts. Develop formal
cooperative agreement(s) when indicated. Identify multiple funding options where
possible.
5. Determine which BMPs will have the most favorable results per unit cost.
6. Present options to public meeting of tribal council to allow tribal leadership,
tribal members and nontribal public an opportunity to consider options, provide
comment, and shape the implementation of the proposal.
7. Implement BMP with adequate resources to perform necessary maintenance and
monitor performance.
8. Provide regular updates on BMP status and effectiveness for tribal council and
other relevant agencies.
Example from the Shakopee Mdewakanton Sioux Community
(SMSC 2008)
The above is, of course, an idealized version and it would most resemble our actual
process in larger, more significant programs and projects, those requiring the greatest
commitment and coordination of resources. For these, the Tribal Council will provide
opportunities for public comment and review and may or may not grant approval
as warranted. Where other governments are involved, appropriate government to
government protocols will be adhered to and will be an integral part of the process.
Smaller proposals, such as low impact, inexpensive, site specific projects, or relatively
minor publicity efforts that could be accomplished within our base funding level will
typically undergo an internal review including the departments of fisheries, natural
resources, and community development.
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Section 319 of the CWA requires tribes to assess NPS pollution on SMSC surface
waters and determine a management strategy for preventing current and future pollution
problems. This report will be sent to federal, state, and local agencies including Scott
County SWCD, NRCS, Minnesota DNR, MPCA, and the Cities of Shakopee and Prior
Lake. Comments and recommendations on pollution prevention and implementation of
BMPs will be incorporated into a final version of this document.
3. Existing BMPs. Describe existing BMPs and organize them by category of NPS
pollution. A table is a straightforward way of listing the existing BMPs (an example
table follows).
Table 1-10. Existing agriculture BMPs by NPS category
NPS
category
Hydrologic
and Habitat
Modification
Nonpoint
source
Historic
Overgrazing,
Erosion
and Habitat
Destruction
and Natural
Geologic
NRCS conservation practice
standards
322
390
395
584
Channel Vegetation
Riparian Herbaceous
Cover
Stream Habitat
Improvement and
Management
Stream Channel
Stabilization
Partners
Tribal EPA/
NRCS
Tribal EPA/
NRCS
Tribal EPA/
NRCS/ USFVW
University
Tribal EPA/
NRCS
Potential
funding
CWA 3 19
CWA 3 19
CWA3I9/
USFW
CWA 3 19
4. Pollution reduction. Include a description of the process that will be used to select
BMPs aimed at reducing the level of pollution resulting from identified nonpoint
sources of pollution.
Example from the Red Lake Band of Chippewa Indians
(RLBCI 2008a)
Table I-11 shows the BMPs that RLDNR Waters has identified as appropriate based on
the pollutant sources addressed in this assessment as well as sources not yet resulting
in impairment. These BMPs were chosen with input from RLDNR Forestry and Wildlife
programs. The majority of the BMPs selected are intended to prevent NPS pollution
rather than to remove it.
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Table l-ll. NPS category and associated information (RLBCI 2008a)
NPS category
Agriculture
Forestry
Hydromodification/
Habitat Alteration
Roads, Highways,
and Bridges
Construction
Source
Nutrients
Erosion
Pathogens
Pathogens
Erosion, Nutrients
Erosion
Erosion
Run-off
Run-off, Erosion
BMP(s)
NRCS-590
Nutrient
Management
NRCS-528
Prescribed
Grazing
NRCS-528
Prescribed
Grazing
NRCS-634
Manure Transfer
MN Voluntary
Site-level Forest
Management
Guidelines
Streambank
Stabilization
Restoration
of River
Morphology
NRCS-570 Run-
off Management
NRCS-570 Run-
off Management
Responsible
party
Private-off
Reservation
Private-off
Reservation
Private-off
Reservation
Private-off
Reservation
Tribe/Private
Logging
Operations
On and Off
Reservation
USAGE
USAGE
BIA, Tribe,
MNDOT
BIA, Private
Contractors,
Tribe
Potential
funding
sources
USDA
USDA
USDA
USDA
Tribe, 319,
USDA
USAGE, 319
USAGE, 319
MNDOT,
USDA, 319, BIA
BIA, Tribe, 319,
Contractors
Example from the Santa Ynez Band of Chumash Indians
(SYCR 2006a)
The pollutants of highest threat to Zanja de Cota Creek fall under the "Urban" U.S. EPA
NPS category. Corrective action will be taken to identify and/or resolve NPS pollution
sources. Short-term goals include attempting to locate the source of bacterial inputs in
Reservation waters. Long-term goals include continued public outreach and education,
continued water quality monitoring, reduced future construction project impacts, and
sustained land stewardship.
A microbial source tracking study should be conducted to ascertain the current sources
of bacterial contamination so they may be mitigated. Bacterial Source Tracking is a
tool that determines the DNA fingerprints of five colonies of £. coli and statistically
differentiates it as being from human or animal sources. The primary benefits of using
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this tool are (I) it increases the ability of the Tribe to locate the source(s) of the
contamination with some specificity and (2) blind samples can be used (i.e., a separate
DMA fingerprint library does not have to be developed for the Zanja de Cota Creek).
An additional source tracking tool is to use Human Fecal Virus Tracking. Detection of
human viruses in water samples can serve as an indicator of human contamination. The
primary benefit to using this tool is its ability to isolate human-borne viral pathogens
and provide a very sensitive indicator for potential human illnesses caused by contact
with or consumption of contaminated surface water. Existing coliform data should be
used to "isolate" trouble areas and then the DMA tracking techniques should be used
to determine whether the source of the observed contamination is human (e.g., failed
septic tanks or cesspools, leaking sanitary sewer pipelines, recreational use) or animal
(e.g., concentrated animal facilities, wildlife, etc.). With this information, the Tribe could
implement BMPs to eliminate or contain the source of contamination.
Existing NFS Control Programs
For each category of NFS pollution (e.g., agriculture, silviculture, urban), identify and describe
all available programs for controlling nonpoint sources of pollution regardless of whether
they are currently being used on reservation lands. These could include pollution prevention,
public outreach, and education programs. Make sure to include programs that are beyond
current direct tribal use but that affect the area of concern, such as federal, state, and local
government programs, as well as any voluntary or nongovernment programs. This information
can come from local sources, online sources, or your Regional EPA coordinator. You can also
refer to the partners listed in your existing BMP table or your pollution reduction tables.
Existing NFS pollution-reduction programs for reservation lands should be identified and
generally discussed in this section. If there are no available programs, the tribe should identify
that as a gap or development need. If possible, the tribe should list the efforts being made
and any future plans to fill this gap. These programs might be tribal, local, state, or federal
programs that deal with NFS management on tribal lands. This information gives the reader
an idea of how the proposed activities fit into the water quality work already in progress.
Example from the Ute Mountain Ute Tribe (UMUT 2005a)
Several programs and projects have been undertaken to address nonpoint source
impacts to water quality on the Ute Mountain Ute Reservation, and more are currently
underway. One project undertaken in 1999 was to plug an old well that was adding
approximately I ton of salt per day to the lower San Juan River watershed. The well was
plugged using CWA Section 106 Special Studies funding, and the salt load was removed
from the system. Another project undertaken in 2002 was to reduce erosion in the
greater Towaoc, Colorado area, particularly where a fuels-reduction, forest-thinning
project had been undertaken. CWA section 106 Special Studies funds were used to
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purchase grass seed in order to seed the disturbed area to stabilize soils and prevent
sediment movement. Despite drought conditions, the grasses took hold and the project
was successful.
Ute Mountain Ute Tribe
1st Lake Seeding Update
Figure 1-7. Newly planted native grasses
(UMUT 2005).
Figure 1-8. Map showing First Lake seeding areas
(UMUT 2005).
Figure 1-7 shows newly planted native grasses (completing with cheat grass) on Special Studies Project—
note slash pile to be burned during wetter conditions and steep hill with moderately successful seeding.
Previously clear-cut steep hillside was not part of the fuels reduction project, but it was also seeded to
prevent erosion. Figure 1-8 is the project map for seeding done with the CWA Section 106 Special Studies
money to prevent soil erosion after fuels treatment.
Funding from the Bureau of Reclamation is currently being used to enhance two
reservoirs that support sport fisheries. First Lake and Horsheshoe Lake have both leaked
severely in the past five years, causing the demise of those fisheries. Dirt work has been
completed on each reservoir, and a polymer-based sealant or bentonite clay will be used
to prevent further leakage in 2004. If this project is successful, fish will be stocked in each
lake in 2005 or 2006.
A partnership with the Colorado Division of Wildlife, the Tribe's Brunot Wildlife
Department and Environmental Programs Departments, and Mesa Verde National Park
has provided a significant ecological restoration to the Mancos River Watershed. The
combination of massive, severe-intensity forest fires in the watershed in 2000 and a
5-year drought caused the demise of most of the Mancos River fish. This stream segment
is unique because it is populated by almost entirely native fish because of a barricade to
migration of San Juan River fish upstream of the Tribe's irrigation diversion dam near
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Figure 1-9. Tranferring flannel mouth suckers
(UMUT 2005).
Highway 491/666 in Colorado. An effort was
made in 2002 to salvage some of the last Mancos
River roundtail chubs—a fish species of "special
concern" in Colorado, and listed as threatened
in New Mexico. Through a successful captive
breeding program, thousands of these fish were
returned to the Mancos in September 2003.
Also, in April 2004, two other native Mancos
River fish species were reintroduced to the
river, the flannel mouth sucker and the blue head
sucker.
Various other programs have been and are
being developed to address nonpoint source
pollution. The Tribe's Ground Water Protection
Plan was adopted in early 2005. The Ground
Water Protection Plan addresses various
aquifers, the pollutants and/or land use practices
that may degrade the quality of the resources,
and how the Tribe intends to prevent that
from happening. A major component of the
Ground Water Protection Plan is a pesticide
management plan that describes preventative
measures and how to respond to the detection
of those chemicals at various levels. Another
preventative measure being undertaken for the
protection of ground water in Utah is a sole-
source aquifer designation for the White Mesa,
UT community drinking water aquifer. This
designation will allow the Tribe to undertake
more intensive preventative measures to ensure
that the aquifer will meet Safe Drinking Water Act Standards. Two monitoring wells,
sponsored by the Bureau of Reclamation, have been drilled into an overlying bedrock
aquifer in White Mesa in order to monitor any pollution that may emanate from the
White Mesa Uranium Mill, 3 miles north of the White Mesa Community of Utes. These
wells will intercept any perched ground water that may be affected by the mill, indicate
the level of pollution and allow a substantial time to mitigate the situation before any
pollution reaches the sole-source aquifer 800-1000 feet below it.
Figure 1-10. Reintroducing fish with tribal/state
teamwork (UMUT 2005).
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Example from the Red Cliff Band of Lake Superior Chippewa
(RCBLSC 2008a)
The Tribe does not currently have a nonpoint source control program in place. The goal
is to begin coordination within the Reservation and Tribal Departments, and between
the Tribe and other agencies within the Bayfield Peninsula. The Assessment Report and
the Management Plan are the first steps in implementing nonpoint source prevention and
controls.
Reservation Forestry
The Red Cliff Tribe does not have a Forestry Department. The Bureau of Indian Affairs
handles sales of timber. A Forestry Management Plan is currently being drafted by the
BIAand Environmental Department. The document will include BMPsto be utilized in
forestry on Tribal lands. These BMPs will be incorporated into the Nonpoint Source
Management Plan.
Tribal Roads
There are currently no formally adopted nonpoint source control measures. There
is occasional cooperation between the Roads Department and the Environmental
Department on such issues as weed control measures. Attempts are being made to use
native seed mixes for revegetation and the most environmentally safe herbicides for
weed control. Waters impacted by nonpoint source pollution are more susceptible to
aggressive, non-native species entering the ecosystem. Invasive species can impair quality
wildlife habitat, and are very difficult to eradicate once they are incorporated into an
aquatic system.
Septic Inventory
A septic inventory is currently being completed and will be assessed by WISCAP.
The inventory is being carried out through an EPA grant facilitated by WISCAP with
cooperation from Red Cliff staff. The project is entitled "The Red Cliff Septic and Repair
Project". After the inventory is complete, suspect systems will be inspected by a licensed
inspector to determine which are in need of repair or replacement. The future goal
is to obtain funding to implement repair and replacement, thus protecting the Tribe's
groundwater and surface water resources.
Conclusions
In this section, provide a summary of the key findings and recommendations of the NFS
assessment report by watershed and list special concerns. Identify the categories of NFS
pollution that are most detrimental and will be targeted through the section 319 program.
Also discuss what is currently being done and plans for the future. This section should
provide information on the priority order of the NFS issues on which the tribe will work. Also
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include a brief discussion regarding how the tribe has met the four eligibility requirements for
receiving CWA 319 funding.
Example from the Consolidated Tribes of Grand Ronde
(CTGR 2008a)
Formally, the streams in the Upper South Yamhill and Willamina 5th-field watersheds
are listed as water-quality limited for flow modification and temperature due to forest
practices in the upper watersheds and less protective agricultural practices in the
lower watersheds. Despite the listings, evidence from macroinvertebrate and other
data suggest that there is still a reasonably healthy ecosystem in place, especially in
the headwaters of the two 5th-field watersheds that this assessment covers. When
compared to the Portland and Salem metro areas, land use practices are relatively benign
and of the type that yet-undiscovered problems are not likely to come to the surface.
Management of water quality by the Tribe, using progressive forestry practices and low-
impact development in the community, has generally been effective and more innovative
than efforts on surrounding private land. So while we are concerned about the listings
and do have evidence of reduced water quality lower in the watersheds, there are no
major water quality issues within the assessment and none are expected in the near
future. However, the Tribe wishes to work with neighboring landowners to modify land
use practices that degrade water quality (such as removing or reducing riparian zones)
and maintain the areas of existing good water quality.
Example from the Ute Mountain Ute Tribe (UMUT 2005a)
As described in this assessment, various watersheds on the Ute Mountain Ute
Reservation have nonpoint source pollution issues. These include erosion and
sedimentation, bacteria loading, nutrient enrichment, salinity leaching and loading,
selenium enrichment, and radionuclide contamination. Sources and causes of these
problems vary from overgrazing and road building to historic mining activities and
irrigation of marine shale soils. Each issue will be addressed in the long term using
existing regulatory and management programs, a CWA Section 319 Nonpoint Source
Management Program, and on-the-ground projects funded by various sources including,
but not limited to, CWA Section 319(h) funding. Working with the Nonpoint Source
Task Force to identify new problems not identified in this assessment and solutions
to them and the issues herein, management changes will be incorporated into day to
day operations to minimize and mitigate nonpoint source pollution. Implementation of
a CWA Section 3l9(b) Nonpoint Source Management Program Plan will provide the
framework for selection and implementation of best management practices and nonpoint
source pollution mitigation strategies.
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Nonpoint Source Management
Program Plan for 3l9(h)
Eligibility
In this section, you will find
• Components and format
required for a management
plan
• Recent tribal examples for
each component
The management program plan (management plan)
describes how the tribe will use the information contained
in the assessment report to address identified water quality
impairments and threats. The management plan elaborates
on the specific activities to be undertaken to improve or maintain conditions as documented
in the assessment report. It is important to note that the CWA requires that the management
plan cover at a minimum a 4-year period, with the expectation that it will be updated in
the fifth year. EPA encourages tribes to develop management plan periods longer than 5
years, where the first 4 years have specific details and future years are more general and are
then updated as part of the fifth-year update. However, if major changes need to be made
before the fourth or fifth year, it is acceptable to revise the management plan. Public notice
and opportunity to comment are also required for the plan and may be done separately or
in conjunction with the assessment report. The section titled Public Notice and Comment,
beginning on page 1-60, provides more information regarding the topic of public participation.
Components of a Nonpoint Source Management Program Plan
This section describes what the CWA requires in a
management program plan. The CWA specifically requires
the following minimum components in an approvable
program plan, and they must be covered in the program
plan document. Following this section is a suggested format
for writing the plan; the format integrates the required
information and allows tribes to describe additional
conditions and issues as desired.
Checklist for Applicants
What you need to have in your management
plan
0 Identification of BMPs you plan to use
0 Identification of programs you will use
to implement BMPs
0 Schedule for implementing BMPs, with
annual milestones
0 Certification of tribal authority
0 Sources of federal and other financial
assistance programs
0 Existing programs to ensure no conflict
0 List of local and private experts who will
assist the tribe in implementing BMPs
0 Plan should be developed on a
watershed basis (encouraged, not
required)
f. Identification of BMPs and other measures to reduce
NFS pollutant loadings by category and subcategory.
The categories and subcategories are those found in your
assessment report. Although you should have a list of
possible BMPs, you should identify those that will be
used to address specific polluted runoff sources.
2. Identification of programs that can help you to
implement your NFS management program. These could
include, as appropriate, nonregulatory or regulatory
programs for enforcement, technical assistance, financial
assistance, education, training, technology transfer, and
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demonstration projects. At a minimum, the programs listed in this section must
also be on the program list in the assessment report, but the list could include other
programs to be engaged or developed in the future. This process will assist you
in identifying all potential resources available, including those that might not be
immediately apparent to the tribe.
3. A schedule containing annual milestones for using the program implementation
methods identified in f and 2 above. There should be an annual schedule for the first
four years. This schedule should reflect the implementation of BMPs identified in 2
above. The schedule should address the most important NFS conditions or gaps in
priority order. For example, the most critical sources should be addressed in the first
year. In addition to the time frame, each milestone should include the measure/criteria
that will be used to document achievement of the milestone.
4. Certification from the tribal legal counsel that the tribe's laws provide adequate
tribal authority to implement the program. Any relevant information from the TAS
application may be referenced. This certification may also be a part of the management
plan submittal or an appendix. This certification is sometimes elaborated on in the text
by including descriptions of tribal ordinances, constitutional powers, and the like.
5. Identification of all potential sources of federal and other financial assistance programs
and funding that might support your NFS program. You may use the information from
the assessment report.
6. Identification of the federal financial assistance programs and federal development
projects that affect tribal water resources. These might include individual assistance
applications or development projects. Tribes conduct this review to ensure that work
being done under the section 319 program is not being undone or duplicated by some
other federally funded project.
7. Identification of local and private experts (e.g., range conservationists, fish and wildlife
staff, hydrologists, agricultural experts) to be used in developing and implementing
a management program. EPA strongly encourages tribes to involve local and public
agencies and organizations that have expertise in control of NFS pollution to the
maximum extent practicable. This reinforces the importance of water resource
partnerships, public notice and comment periods, and the cooperation requirement in
the administrative section of the statute (per CWA section 319 (c)).
8. Development on a watershed basis. To the maximum extent practicable, tribes should
develop and implement the management program on a watershed basis. For a tribe,
this might mean developing a strategy for implementing the program on a watershed
basis. EPAs handbook for watershed planning (www.epa.gov/nps/watershed_handbooK)
could be used as a framework to organize activities on the basis of watershed
boundaries. Working on a watershed basis would also help tribes when seeking section
319 tribal competitive funding.
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Format for the Management Program Plan
Your management program plan should contain the following components, which address
each of the numbered plan components described above. Each of the main body components
is explained in detail below.
Cover Page—Title and the date (month and year) of the plan
Table of Contents (but labeled simply as Contents)—A listing of the major sections of
management program plan, lists of figures and tables, appendices, and corresponding
page numbers
Text (body of the report)—According to the headings of each major section of the
management program plan as listed in the table of contents
Overview
• Introduction
Summary of Tribal Management Program
Contents of the Management Program Plan
* Identify possible BMPs, programs, and funding to support your implementation
activities. (As part of this section, identify watershed-based activities, if done).
* List of local and private experts who will help you to implement your program
• Schedule for BMP implementation
* Certification of tribal authority
References/Sources of Information
Appendices
Acronyms and Abbreviations List
Overview Section
Provide a summary of the water resources, uses, and impairments/threats from NFS pollution
from your assessment report. Describe the need for an NFS program and the environmental
setting. Are there special features, needs, or cultural issues that will affect your program? Use
a map to describe the water resources that will be addressed. Describe where the certification
of tribal authority is found. For example, the certification could be found in the TAS
documentation, the assessment report or in an appendix. The same approach can be taken for
the public notice information.
Example from the Stillaguamish Tribe of Indians (STOI 2008)
The Stillaguamish Tribe of Indians (Tribe) is a signatory to the Treaty of Point Elliot,
which secures the Tribe's right to harvest fish. The treaty fishing right includes both the
right to harvest fish in the Tribe's Usual and Accustomed (U&A) manner and the right
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to have fish to harvest. Therefore, the Tribe's treaty rights also reserve the right to
protect the habitat upon which fish depend within the Tribe's U&A, which is the entire
Stillaguamish Watershed. It is therefore important to the Tribe that fish and fish habitat
be protected to their fullest extent in order to assure productivity of the resource
and the continued livelihood of tribal members. Healthy fish habitat is dependent upon
the quality of the surface water resources that fish inhabit. Nonpoint source (NPS)
pollution continues to degrade water quality of surface waters on the Tribe's informal
"Reservation" and outside of the "Reservation" but within the Tribe's U&A, which in
turn leads to impacts on ecosystems including fish habitat and human health.
The Stillaguamish Tribe has been managing NPS pollution through various programs
for well over 20 years. However, only recently has the Tribe begun to assess NPS
pollution specifically on Tribal land. This NPS assessment report and management
plan serve as the beginning point to provide a greater focus on the management of
NPS pollution in Tribally managed waters. The NPS Assessment Report provides an
understanding of the major sources of NPS pollution affecting Tribal waters, which
include development, forest practices, agricultural practices and hydromodification. This
plan will describe the various aspects of the Tribe's NPS management initiatives, including
a description of actions, priority for their implementation, and estimated budgeting
requirements. Elements of these programs were developed to address NPS pollution
problems identified from the assessment of Tribal waters, and to provide long-term,
comprehensive planning recommendations for watershed protection.
Example from the Confederated Tribes of Grand Ronde
(CTGR 2008b)
The purpose of this document is to describe the components of a nonpoint source
pollution management program for lands owned and managed by the Confederated
Tribes of the Grand Ronde (hereafter, the Tribe). The management program will help
assure that nonpoint sources of pollution do not become a problem on Tribal lands. In
addition, the program will assist with coordinating with adjacent landowners to minimize
their effects on water quality.
Existing data suggest that Reservation streams have relatively high water quality,
especially on forestland where a comprehensive Forest Practices Ordinance has been
in effect for many years. The cumulative environmental effects of forest activities are
addressed in a Biological Assessment for the 10-year Natural Resources Management
Plan (Confederated Tribes of Grand Ronde 2002 and 2002). Best Management Practices
on land being developed in the town of Grand Ronde and at the Casino site include
a progressive plan to collect and re-use runoff water. A Wetland Management Plan
describes the treatment of wetlands that are surrounded by developed land or are soon
to be developed (Adolfson Associates 2005).
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Recommended additions to the nonpoint pollution management program include
collecting more complete and up-to-date water quality data to determine if best
management practices need to be altered to avoid nonpoint pollution problems. This
monitoring will also provide data to inform adjacent forest landowners about stream
protection needs. Existing data indicate that stream temperatures increase rapidly for
some streams that flow through adjacent private lands.
Introduction
Describe the goals and objectives for the NFS program. These might be water quality
restoration for impaired areas and the protection of high-quality waters, as well as controlling
NFS pollution. Identify strategies that the tribe is now employing or will employ to ensure
a successful program. Describe the geographic extent of where the program will be
implemented. Sometimes a tribe might focus on a portion of the reservation or want to work
outside the reservation in a cooperative manner to solve a water quality problem in reservation
waters. Describe how both reservation and fee lands will be addressed.
Example from Red Lake Band of Chippewa Indians (RLBC 2008b)
The primary goal of the NPS management program is to prevent and control pollution
from nonpoint sources and protect or improve water quality on the Reservation. This
will be accomplished through emphasis on preventative education in order to protect
and preserve tribal waters. These goals will be accomplished by devoting the Section 319
program funding to the following objectives:
I. Implement watershed Best Management Practices (BMPs) and work toward
watershed management in an effort to preserve water quality.
2. Environmental Education
a) Continue to educate the public by organizing the annual water festival.
b) Work with Riverwatch.
c) Develop a citizen/student monitoring program on the Reservation.
3. Develop a general habitat protection policy and environmental protection
ordinance.
a) Ordinances will include shoreline development requirements and riparian zone
requirements for development, silviculture, and agriculture.
4. Install detention/treatment ponds, rain gardens, sediment basins, etc., to treat
major stormwater discharge points not subject to NPDES requirements.
5. Expand baseline monitoring in areas of current or likely future NPS pollution input.
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Example from the Suquamish Tribe (ST 2008)
The goal of the management program is to create a general reference which the
Suquamish tribe can use to coordinate and maximize the effectiveness of its internal
and external efforts to prevent, reduce and mitigate nonpoint source pollution of the
waters within and adjacent to the Port Madison Indian Reservation. The objectives of the
assessment and management program are: (I) Provide a description of the present status
of Reservation waters, (2) to describe some of the processes that have a deleterious
impact on those waters, and to (3), outline a range of options that can address current
and foreseeable negative impacts.
We will focus on protecting sub-watersheds and catchments that have the lowest
percentage of TIA, and work to preserve the integrity of those stream systems. At the
same time, we will prioritize remediation, restoration, and mitigation efforts in the sub-
watersheds with the highest percentages of TIA. As the PMWRB is a fairly small area and
there can be much variation within each stream basin, protection and restoration efforts
may simultaneously be applied to a single stream system.
We will rank the streams themselves based on available data regarding physical, chemical
and biological parameters. Our methodology will be that described by Scholz and Booth,
(2001), or another appropriate to the characteristics of streams in the PMWRB. They
describe an efficient way to evaluate the functioning level of stream reaches in order to
better focus management efforts.
Management Program Summary
Describe tribal authorities, resource plans, ordinances, and other policies. Provide a
description of the administrative location of the program within the tribal government and
relationships with other tribal governance structures. Is there an anticipated staffing structure?
Will the program be watershed-based? Why or why not? Describe the approach for using local
experts, managing cooperative reporting, and conducting consistency reviews of other federal
projects the tribe is undertaking.
Example from the Confederated Tribes of Grand Ronde
(CTGR 2008b)
The Tribe's Natural Resources Division manages the nonpoint pollution management
program. Programs within the Division include timber and roads, silviculture and
fire protection, fish and wildlife, environmental resources, and recreation. The staff
responsible for nonpoint pollution control maintains ties to managers that are in charge
of infrastructure planning and construction for Tribal lands within the town of Grand
Ronde and at the Casino. For infrastructure planning and construction, the primary
nonpoint pollution management issue is the routing, collection, and re-use of runoff and
other waste water.
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The Tribal Council provides ultimate oversight on decisions concerning nonpoint
pollution management. Tribal documents that help guide their decisions on nonpoint
pollution management issues include:
I. The Environmental Protection Ordinance (Tribal code 651)
2. Forest Practices Ordinance (Tribal code 6.20)
3. Natural Resources Management Plan (2003 to 2012)
4. Wetlands Management Plan (2005)
5. Noxious Weed Inventory and Management Plan (2005)
No Tribal ordinances currently exist that are specific to nonpoint source management
issues related to infrastructure planning and construction. The best management
practices outlined by the federal Department of Housing and Urban Development for
construction currently serve as the minimal standards that apply to Tribal projects.
The legal authority for the proposed nonpoint source management program is based on
a 1934 decision regarding the powers of Indian Tribes and a section of the Constitution
for the Confederated Tribes of the Grand Ronde. On October 25, 1934, the Solicitor of
the Department of the Interior issued an opinion describing the powers of Indian Tribes
that is still cited today. A number of powers in that opinion relate directly to the question
of Tribal regulatory authority. Within the Constitution for the Confederated Tribes of
Grand Ronde is a section (Article I, Section I) that describes the jurisdiction of the Tribe.
It reads:
"The jurisdiction of the Confederated Tribes of the Grand Ronde Community of Oregon
shall extend, to the fullest extent possible under Federal Law, over all lands, waters,
property, airspace, minerals and other natural resources, and any interest therein, either
now or in the future, owned by the Tribe or individual members held in trust status or
located within the boundaries of the tribal reservation which will be established pursuant
to the Grand Ronde Restoration Act, notwithstanding the issuance of any existing or
future patent or right-of-way."
Excerpt from the Puyallup Tribe of Indians (PTOI 2008)
The legal authority for the administration of the Tribe's proposed nonpoint management
program is the 319 Treatment-as-a-State application that is concurrently under review
by EPA legal counsel. This application relied on the 1994 WQS TAS application under
Section 303 and 518 of the CWA that was approved by EPA in 1994 and the federal
TAS simplification rule. The designated tribal department that is responsible for
program implementation is the Environmental Department with three full-time water
program staff and the Tribal Natural Resources Director, in coordination with Tribal
Fisheries. These staff are also responsible for coordination with agencies. Full program
implementation will require the hiring of additional staff.
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Identification and selection of BMPs that will achieve the Tribe's goals and objectives
outlined above were selected by Tribal Environmental staff with approval from the
Tribal Natural Resources Director. The Director reports daily to the Tribal Council.
Best professional judgment of the staff and coordination and consultation with tribal and
agency biologists, tribal members, and planners have and will continue to validate, and if
necessary, adjust BMP selection to address major stressors and sources of impairment
on the Reservation and throughout the watershed. The Tribal Natural Resources
Director, Water Program Manager and technicians have over 50 years of experience
working for the Tribe, addressing environmental issues.
BMP selection and program development depends on land ownership, jurisdiction, and
funding. The Tribe recognizes the importance of continuing to acquire lands, particularly
in the floodplain and along riparian corridors. Controlling land use in the floodplain and
adjacent to streams is crucial to preventing and mitigating nonpoint pollution. The Tribe
will provide technical support in the development and implementation of BMPs for those
lands and waters that we do not have jurisdiction.
Funding plays a crucial role in BMP implementation. The Tribe's Environmental Department
is mostly grant funded, thus resources are limited. Tribal BMP priorities don't always
align with available funding. Section 106, and GAP funds are currently used to develop
environmental programs, monitor and implement water pollution control projects.
Continued reliance on outside sources of funding for NPS program implementation is
expected.
Management Program Description
This section describes in detail the scope, structure, and functions of the program, including
all work anticipated under the NPS pollution control program.
In this section, describe the NPS pollution categories and subcategories to be addressed and
relate them back to the specific information on the nature and scope of the issue presented
in the assessment report. Tribes may choose to address each category of NPS pollution in
a separate subsection in the plan. Each category should have a goal, as well as short- and
long-term objectives, covering the five-year cycle of the program plan. Also outline mid-cycle
goals/milestones for the next five to ten years that would provide scope and direction for the
program update to be undertaken during the fifth year. It might also be important to establish
a long-term set of milestones or outcomes looking forward more than 10 years. Some tribes
use their general natural resources management documents to define long-range projections
for resource improvements.
Elaborate upon specific actions to be taken for each year in the program plan. The actions
proposed should relate to the problems identified in the assessment report. These actions will
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be your schedule of work and the basis for annual work plans submitted for CWA section 319
funding. Include specific information on the type, location, and size of BMPs to be used and
the rationale for these decisions. Identify the entity responsible for implementing the BMPs;
for example, tribal staff, NRCS personnel, or contractors. If there are cooperators or multiple
funding sources for any of the practices, identify and describe them. Describe any plans for
long-term operation and maintenance of the management practices. Discuss how success will
be measured, such as the number of BMPs installed, their impact on water quality, and so on;
these will become your measurable milestones.
Also, describe your polluted runoff issues in a way that clearly identifies nonpoint sources and
differentiates them from point sources that might be controlled under stormwater permits.
Ensure that you review other programs that might affect the NFS program.
Example from Ute Mountain Ute Tribe (UMUT 2005b)
General Management Plan Information
The overall goal of the management program is to improve water quality on Ute
Mountain Ute lands. By establishing water quality standards, the Ute Mountain Ute Tribe
has recognized a goal of ensuring that all water sources meet water quality standards
for their designated uses. The nonpoint source pollution management program, in
conjunction with other Ute Mountain Ute programs, will contribute to this objective.
General program milestones can be seen in Table 1-12.
Table 1-12. General program milestones (UMUT 2005b)
Activity3
Submit NPS assessment report to EPA
Submit management program to EPA
Submit application for Treatment as a State for CWA Section 319
Propose NPS Management plan to Tribal Council
Appoint NPS committee and convene first meeting
Update management program as needed and review with NPS committee and
Tribal Council
Submit annual status reports to EPA
Convene NPS committee to review projects and the overall program and set
priorities for next fiscal year
Incorporate priorities into work plan for NPS program and submit to funding
agencies (Tribal, EPA, State, USDA, IMS, BIA)
Frequency/
end year
2005
2005
2005
2005
Assembled in
2003/04
Again in 2005
Annually
Annually
Annually
2005 and
beyond
a Completion of nonpoint source activities will be contingent on program funding
NPS = Nonpoint source IMS = Indian Health Service
EPA = U.S. Environmental Protection Agency, BIA = Bureau of Indian Affairs
Region 8
USDA= U.S. Department of Agriculture
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The Ute Mountain Ute Nonpoint Source Assessment report lists categories of nonpoint
source pollution that have been confirmed or are potential sources, as shown on
Table 1-13. The specific management programs for these categories will focus on
prioritizing pollution problems, identifying appropriate BMPs, and implementing BMP
demonstration projects. The following considerations will be used in making final
management decisions regarding priorities and BMPs:
• Severity of pollution problem and extent of impairment of beneficial uses
• Potential for effectively addressing the pollution problem, given technical and
financial constraints (i.e., optimizing economic benefits)
• Public participation and landowner cooperativeness
Table 1-13. Categories of NPS and their applicability to the Ute Mountain Tribe
(UMUT 2005b)
EPA NPS category
Impairment to Ute
Mountain
Ute Reservation
waters
Confirmed
Possible3
Agriculture
Crop-related sources: Non-irrigated crop
production
Irrigated crop production
Specialty crop production
Grazing-related sources
Intensive animal feeding operations
•
•
Silviculture
Harvesting, restoration, residue management
Forest management
Logging road construction/maintenance
•
•
•
Construction
Highway/road/bridge construction
Land development
Urban Runoff/Storm Sewers
Nonindustrial permitted
Industrial permitted
Other urban runoff
Illicit connections/illegal hookups/dry weather flows
Highway/road/bridge runoff
•
Possible
impairment to
off-reservation
ranch water
•
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Table 1-13. Categories of NPS and their applicability to the Ute Mountain Tribe
(UMUT 2005b) (continued)
EPA NPS category
Erosion and sedimentation
Impairment to Ute
Mountain
Ute Reservation
waters
Confirmed
Possible3
Resource Extraction
Surface mining
Subsurface mining
Placer mining
Dredge mining
Mill tailings
Mine tailings
Petroleum activities
Acid mine drainage
Abandoned mining
Inactive mining
• b
• b
Possible
impairment to
off-reservation
ranch water
Source: USEPA 1997, Table 1-3.
a Source inferred because the facility or activity is present on or near Ute Mountain Reservation
b Use under consideration by tribal council
Priorities for implementation are based on the Nonpoint Source Assessment for the
Ute Mountain Reservation of Colorado, New Mexico, and Utah. Future priorities may be
identified and addressed as they come to light and are confirmed by monitoring data.
Specifically, the priorities that have been identified in the assessment are:
Table 1-14. Reservation waters: levels of specific impairment criteria (UMUT 2005b)
Waterbody
Navajo Wash
Cottonwood Wash, UT
All < 8000'
Mancos River, San Juan River, Navajo Wash
Mancos River, McElmo Creek, Navajo Wash
McElmo Creek
Mancos River
-50% ephemeral streams
Issue
Selenium, Salinity, Nutrient
enrichment
Radionuclide contamination
Tamarisk/Russian Olive Infestation
Bacteria levels
Sedimentation/Erosion
Nutrient Enrichment
Metals — Ag, Cu
Sedimentation/Erosion
Level of
impairment/
priority
SEVERE/HIGH
SEVERE/HIGH
SEVERE/HIGH
Moderate
Moderate
Moderate
Moderate
Moderate
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Excerpt from Puyallup Tribe of Indians (PTOI 2008)
General Management Plan Information
As discussed in the nonpoint assessment, the major nonpoint impacts on the Reservation
are the result of activities associated with urbanization—hydromodification (i.e.
channelization, dikes, rip rap), habitat alteration (i.e. siltation of stream beds, shoreline
development, alteration of riparian areas), and proliferation of impervious surfaces (i.e.
increasing rate and volume of runoff, flow alterations, construction and road building, soil
compaction). These activities have resulted in elevated temperatures, siltation of stream
beds, low dissolved oxygen, nuisance plant growth, elevated nutrients (high nitrate), and
ubiquitous pathogens. Although the chemical parameters of these streams are altered
by these activities, the most profound effects are physical and biological. That is, channel
cross-sections are enlarged through widening or downcutting, habitat structure is
simplified with loss of pools and riffles and little to no riparian cover, low carbon inputs,
and aquatic diversity and abundance is poor. Connection of rooftops, gutters, parking
lots, roads, and storm sewers to streams has profoundly altered the hydrograph, with
most streams exhibiting "flashiness."
Consequently, the hydraulic connectivity of stormwater infrastructure and impervious
surface to streams must be addressed. A shift in the focus of stormwater management
toward zero connectivity (or disconnection of impervious surfaces) of stormwater
infrastructure to streams is necessary if enhancement and recovery activities are going
to be successful. Additional activities (i.e. maximizing infiltration, flow control and
treatment, better site design and minimization of soil compaction) will serve to more
closely mimic natural runoff patterns and result in less nonpoint pollutant impacts to
Reservation streams.
As recommended in the guidance, proposed actions are organized by nonpoint source
category. Management measures proposed for each source are comprehensive. In
general, activities that result in on-the-ground projects and improvements are the
priority. Characterization and monitoring to close data gaps, and identify restoration and
retrofit opportunities to restore channel form, processes and riparian complexity will be
addressed first. This will be done on a sub-watershed basis. Many proposed management
measures are ongoing, including enforcing existing agreements with local jurisdictions
(i.e. riparian management), coordination and integration with other federal, state and
local agencies and programs (TMDLs, salmon recovery planning and implementation,
environmental, permit, and plan reviews and consultation).
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Table 1-15. Plan for management of hydromodification (PTOI 2008)
NFS
Impacts/pollutants
Management measures
Hydromodification
Disturb stream equilibrium
Disrupt riffle and pool
habitats
Create Changes in stream
velocities
Eliminate flood functions
to control channel-forming
processes
Alteration of streambed
elevation
Increase erosion and
sediment loads (EPA 2007)
Hyporheoic modulation
Elevated thermal regimes
Uncontrolled stormwater
loads
Siltation of stream beds
Restore sinuosity, floodplain connectivity,
and modulate stream temperature by
re-connecting historic side-channels
Enforce levee management agreement with
ACOE and Pierce County
Develop and implement O&M programs
to avoid or mitigate physical and chemical
impacts, including instream controls (grade
control, band stabilization, levee setbacks,
non-eroding roadways, streambank,
protection, instream sediment load
controls, and vegetative cover
Evaluate impacts of surface water quality
and in-stream and streamside habitat
during dam operation and surface water
withdrawal
Work with Ecology to impose flow duration
controls/standards to minimize sediment
and other pollutants
Preserve the natural hydrologic conditions
and protect sensitive hydrologic features,
sediment sources, and habitats where
possible
Develop watershed-based (sub-watershed
basis) hydromodification management
plans(s) to address geomorphic and
hydrologic impacts of hydromodification on
beneficial uses of streams
Where stream bank or shoreline erosion
is a nonpoint source problem, stabilized
eroding streambanks and shorelines using
vegetative methods wherever possible
Protect streambank and shoreline features
such as wetlands and riparian zones.
Urban Growth
(including on-site
sewage systems,
construction, and
maintenance of
roads and highways
Altered hydrology—
Increased volumes and rate
of stormwater runoff, low
baseflows
Increased downcutting,
channel widening
Reduce channel and
floodplain connectivity
Promote and implement management
measures that maintain natural hydrologic
and geomorphic processes, protect riparian
corridors, and integrate stormwater
control measures into tribal permitting and
environmental review processes, emphasize;
o Maintaining natural rainfall-runoff ratios
o Maximized infiltration
o Protection hydrologically sensitive areas,
sediment sources, and sensitive
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Excerpt from Red Lake Band of Chippewa Indians (RLBCI 2008b)
Excerpt from NFS Category: Agricultural Pollution
Agriculture is the number one source of NPS pollution in Reservation waters, especially
in the Blackduck River, Pike Creek, and Battle River Watersheds. Primary pollutants
include bacteria and phosphorus. These pollutants come from lands off the Reservation
and are carried to local waters. The tribe has been actively cooperating with the
Minnesota Pollution Control Agency (MPCA), Natural Resource Conservation Service
(NRCS), and local Soil and Water Conservation Districts (SWCDs) to abate these
problems. Agriculture on diminished Reservation lands is minimal, consisting of only a
few small family farms (estimated at just over 2000 acres total) and does not contribute
significantly to NPS pollution. The Red Lake Band owns and operates a medium sized
wild rice operation located outside the diminished Reservation. The farm currently
follows many BMPs including making use of rotational grazing, riparian zones, and 950
acres of CRP lands. The NPS management program will assist in the development of
farm plans for these small farms to prevent degradation. An updated inventory of these
lands and their uses with more specific information about types of agriculture will also be
a priority.
Short term goals: Reduce the levels of nutrients and bacteria in Reservation waters in
the Blackduck River, Pike Creek, and Battle River watersheds.
Objectives:
I. Work with MPCA to enforce feed lot regulations and promote sound management
practices such as prescribed grazing and manure transfer on animal feeding
operations on lands adjacent to the Reservation.
2. Work with small family farms located on the Reservation to develop riparian zones
on farms adjacent to lakes and streams. Assist in voluntary enrollment of these
farms into NRCS programs dealing with nutrient management and prescribed
grazing where necessary.
3. Work with NRCS to encourage the use of BMPs on lands located in these
watersheds with grazing, animal holding, or crop related activities. BMPs will
include prescribed grazing, nutrient management and manure transfer.
Short term goals: Determine the contribution of the Red Lake wild rice farm to the
impairments in the Clearwater River and reduce the contribution.
Objective: Work with NRCS, the Farm Service Agency, MPCA, and EPA to determine
appropriate BMPs (tiling, sedimentation ponds, etc.) and acquire financial assistance to
implement them.
Short term goals: Develop accurate, up-to-date, GIS dataset of agricultural land use
on the Reservation.
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Objective: Delineate exact boundaries of agricultural land use on the Reservation and
determine precise land uses: Bison/Cattle pasturing, specific crops, rotations, etc.
Long term goals: Measurable reductions in bacteria, temperature, and fine sediments
(TSS) resulting from agricultural activities.
Funding sources will include federal programs, such as the Environmental Quality
Incentives Program, Wetland Reserve Program, and Conservation Reserve Enhancement
Program which can be used to promote the establishment and protection of riparian
zones on farmland.
Table 1-16. Schedule of milestones (RLBCI 2008b)
Activity
Develop agriculture GIS for lands on Reservation
Develop an education and outreach program to work
with farmers on and off the Reservation
Assist in application for assistance and implementation of
BMPs for agriculture on the Reservation
Monitor Project Areas for NPS Improvements
Increase monitoring for NPS pollution from off-
Reservation sources
Year 1
X
X
X
Year 2
X
X
X
X
Year 3
X
X
X
Year 4
X
X
X
Excerpt from Suquamish Tribe (ST 2008)
Excerpt from Plan for Urban Runoff/Stormwater
Table 1-17. Urban runoff/stormwater (ST 2008)
Code
4000
4500
4600
milestones
Description
Urban Runoff/Stormwater
- Municipal
- Commercial
- Residential (e.g., non-
commercial automotive, pet
waste, etc.)
Highway/Road/Bridge Runoff
Post-Development Erosion
and Sedimentation
Year 1
Draft CAO code language.
Design CAO public process.
Assess opportunities for
joint public information
campaign with a neighboring
jurisdiction.
Primary pollutants
All
All
All
All
All
All
Year 2
Implement one
demonstration project.
Conduct at least one
joint public information
campaign.
CAO public process
% land use
8.4
0.3
75
4
Year 3
Adopt CAO.
% NPS
pollution
5.2
2.1
52.5
15.4
Sediments: 95
Year 4
Implement
formal process to
review permits
and applications
with neighboring
jurisdictions.
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This is by far the greatest contributor to NPS pollution within the Port Madison
Water Resources Basin (PMWRB) with more than 50% of the loading of nutrients,
sediments, and bacteria deriving from this category. The post-development erosion
and sedimentation subcategory may provide as much as 95% of the total sedimentation
load of the PMWRB. The following general BMP categories will be broadly used to
address aspects of the NPS categories and subcategories listed subsequently. We will
describe them in greater detail in this section than later sections unless there are specific
applications not mentioned here.
Adequate Regulation and Enforcement
Supplement Tribal Code—Formally establish "Critical Areas" within the PMIR. Formalize
tribal project review process. Establish protocols with neighboring jurisdictions to
review land use and building permits for entire PMWRB. Improve design specifications
for tribally sponsored development projects to address stormwater and other NPS
issues. Work with neighboring jurisdictions to implement new standards on PMIR.
[The Suquamish Tribe's Legal Department would take the lead in formalizing a project
review process, developing language codifying critical areas, and establishing protocols
with neighboring jurisdictions. The Department of Community Development (DCD),
Fisheries Department, and DNR would serve as cooperating agencies, reviewing
projects, permits, and improving designs. 1-1.5 FTE.]
Education
Review efforts already being implemented by local governments—target supplemental
materials for residents of PMWRB. These will include current materials for pet waste
management, septic maintenance, lawn and yard care, household toxics, and water
use. Do the same with programs for business owners and managers, targeting for the
PMWRB area. Develop materials to give presentations in order to provide information
for policy makers within the tribe and other governments. Develop demonstration
projects to simultaneously increase awareness, provide useful information, and provide
services to local residents and businesses. These may include providing bins for backyard
composting and supplying rain-barrels to capture and slowly infiltrate rooftop rainwater.
Additional demonstration projects could include coordinating plant salvage operations
and establishing one or more native plant nurseries. [DNR would serve as the lead
agency; cooperating agencies would include DCD, Fisheries, Education, and many other
departments within tribal government. Funding schedule difficult to estimate as it
depends upon success and scale of a wide variety of projects. Possibly start with 1.5 FTE
then add 0.5 for each year afterwards ending with 3 FTE in year 4.]
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Structural BMPs
Infiltration—Reduce effective impervious area through various BMPs such as using
pervious alternative paving materials, establishing infiltration space between impervious
surfaces when possible, planting native vegetation, amending and aerating soils to reduce
compaction.
Detention—Attempt to simulate natural flood hydrograph, increasing the interval
between the onset of precipitation and the flood crest while reducing the height of the
crest, Where possible, restore or construct wetlands and multiple pond systems to
capture and detain runoff.
Filtration—Where suitable, engineer solutions to filter sediments through processes
such as grassy swales, filtration basins, sand filters, and even vaults with commercial
stormwater filtration devices.
Retrofit Existing Structures—Divert roof runoff to dry wells and rain-barrels, replace
culverts and redesign ditches with smaller scale detention structures, route waters to
regraded and revegetated areas designed to temporarily store water.
Riparian Restoration—Reestablish native vegetation in riparian corridors, expand the
width of the corridor where possible, fence areas to be protected, and use plantings
where possible for streambank stabilization. [DCD would be the lead agency concerning
structural BMPs, with DNR, Fisheries, and Legal serving as the primary cooperating
agencies. This would probably start off more slowly, at about 0.5 FTE, with 0.5 FTE the
second or third year for I FTE by the 4th year.]
Public Notice and Comment
As part of the process of submitting the NFS assessment
report and management plan to EPA for approval, a tribe is
also required to submit documentation that adequate public
notice and opportunity for comment were given (See section
319(a)(l) and (b)(l)). Section 319 does not provide specific
guidance on providing public notice and opportunity for
comment; however, the following recommendations are
offered to assist tribes in that process.
Tribes should work with Regional EPA staff to decide what
is appropriate public notice and opportunity for comment.
In this section, you will find
• EPA's recommendations on
how tribes should conduct
public outreach and provide
public notice so that others
can comment on proposed
tribal activities
• The requirements for tribes
regarding public notice and
opportunity for comment
EPA Regional staff, through consultation with the EPA Office of Regional Counsel, will
work with tribes to determine what constitutes adequate public notice and opportunity for
comment on the basis of a particular tribal situation. As a general matter, public notice and
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comment should be extended to nontribal members living on fee lands within a reservation.
In some cases, it would be advisable to extend public notice and comment to entities outside
the reservation boundaries if an NFS management plan proposes to implement practices that
would very likely affect those outside entities. Another consideration to discuss in determining
whether to pursue outside public notification is the benefit the tribe could receive from
the process. For example, it could be to the tribe's advantage to provide notice to adjacent
properties as a way of promoting its management program and, perhaps, leveraging funding
and assistance from other groups doing similar NFS work.
There are no specific rules for determining the length of a comment period. A 30-day
comment period might be sufficient, but a longer period might be appropriate as well,
depending on the tribal communication structure, the size of the reservation, and whether
outside notification will be given.
Tribes must include a statement that they have provided notice and an opportunity for
public comment regarding their assessment report and management program and a brief
description of how that notice was provided.
Tribes should consult with Regional EPA staff to determine the appropriate time frame for
conducting public notice and providing opportunity for comment. For example, conducting
public notice after Regional review of the NFS management program could be appropriate. If
public comments are received, the tribe must provide the response to comments as part of this
documentation.
The recommendations above also apply to cases where tribes have revised an NFS assessment
report or management plan. The example below was provided by Red Fake Band of Chippewa
Indians (RFBCI 2008).
A public comment period for the Red Lake Nonpoint Source Assessment and Red
Lake Nonpoint Source Management Plan took place between the dates of 3/24/08 and
4/23/08. Public notices were posted at all local businesses and government offices.
A copy of the notice and a letter were sent to surrounding local government units
and interested parties. Interested parties included local Soil and Water Conservation
Districts, Minnesota Pollution Control Agency staff, and Minnesota Department
of Natural Resources staff. Although a high level of interest was shown in viewing
the documents, only one comment was submitted. The Beltrami Soil and Water
Conservation District submitted a letter of support as a comment to the documents.
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EPA Regional Approval Process
Each EPA Regional office has a tribaf contact who can best describe the process that the
Region uses to review assessment reports and management pfans, as weff as TAS efigibifity
requirements. For a fist of EPA tribaf NFS coordinators, see www.epa.gov/nps/tribal.
Earfy in the cafendar year, tribes shoufd fet the Region know they are interested in becoming
efigibfe for the section 319 program. Furthermore, the intent to appfy for CWA 319 funding
shoufd afready be in the tribe's CWA 106 or GAP work pfans if those programs are to be used
to work toward 319 efigibifity.
Regions can provide comments on draft documents to ensure that the approvaf on final
program documents moves smoothfy. This shoufd happen in spring and summer. Remember
to buifd in time for a pubfic notice and comment period, as weff as potentiaf need for
document revisions to address comments. Regionaf approvafs must be compfeted by the
second Friday of every October if you wish to be efigibfe to receive funds for work in the
subsequent fiscal year. The earfier in the year you have your documents ready, the more fikefy
the process wiff be compfeted by the deadfines estabfished by the Federal Register notice.
Section 319 Funding Process
Every year, Congress appropriates funds dedicated to the
section 319 program for tribes, states, and territories. A
portion of the tribaf funds is dedicated to funding work pfans
that have been approved under the base NFS program. Such
funds are commonfy referred to as base funds. The remaining
doffars are competed nationaffy to fund NFS on-the-ground
projects. That money is commonfy referred to as competitive
funds. Figure 1-11 shows totaf tribaf set-aside doffars for fiscaf
years 2000 through 2010. The increases in funding fevefs over
the years have reflected the increase in the number of tribes
that have entered the program, the demonstrated need, and
continued congressionaf support for the section 319 program
in general and the tribal 319 program in particular.
In this section, you will find
• The difference between base
and competitive funds, and
potential dollar amounts
associated with each type of
funding
• Where to find information on
how to apply for funding
• The cost-share/match
requirements associated with
funding
• How tribes may combine
section 319 funding with
Performance Partnership
Grants (PPGs)
Base Funding
In 2009 tribes were eligible to receive either $30,000 or $50,000 according to reservation
area. Although there are other factors that influence nonpoint sources of poffution, EPA uses
fand area as the deciding factor for affocation of base funds because NFS poffution is strongfy
refated to fand use.
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$9,000,000
$8,000,000
$7,000,000 -
$6,000,000
$5,000,000
$4,000,000
$3,000,000
$2,000,000
$1,000,000
$0
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010
Figure 1-11. Total annual tribal section 319 funding.
Base funds are commonly used for funding an NFS coordinator, updating the NFS
management program plan, developing a watershed-based plan, or funding activities related to
training and outreach. Tribes may also implement on-the-ground projects with these funds if
adequate funding exists.
Tribes must refer to the most recent 319 base guidelines when applying for funding because
the guidelines are not published annually. They are updated only as necessary. The base
guidelines are under Funding at www.epa.gov/nps/tribal. It is important for tribes to follow
application directions to receive base funding.
Tribes are generally required to provide tribal or other nonfederal funds as a cost-share/match
for section 319 funds. For purposes here, the terms cost-share and match are synonymous and
do not equate to a dollar-for-dollar match. For information on calculating cost-share/match
and determining sources of match, see the section titled Cost-Share/Match Requirements on
page 1-65, and the Work Plan Development section
that begins on page 1-68. EPA Regional tribal
coordinators or assigned grants project officers
are responsible for review and approval of work
plans, and they can assist applicants in work plan
development. For EPA contact information, see the
list of contacts under Part III, Additional Resources
for Tribes, or visit www.epa.gov/nps/tribal.
Table 1-18. Base funding parameters
Maximum
Area funding
Less than 1,000 mi2
(less than 640,000 acres)
Greater than 1,000 mi2
(greater than 640,000 acres)
$30,000
$50,000
EPA strongly encourages tribes to use either base or competitive section 319
grants to develop and/or implement watershed-based plans containing the
nine minimum planning elements (nine elements).
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Competitive Funding
The amount of funds available each year for the competitive portion of the tribal 319 program
depends on the total funds available for tribal 319 grants and the number of tribes applying
for base funds. The annual Request for Proposals (RFP) provides information on the total
amount of funds available for competitive tribal 319 grants and the maximum amount of
federal funds that an eligible tribe can include in its proposal. In 2009, eligible tribes and
intertribal consortia were able to submit a proposal for up to a maximum of $150,000 in
federal funding through the national tribal 319 competitive process. Tribes are required to
provide tribal or other nonfederal funds as a cost-share/match for section 319 funds. For
information regarding cost-share/match, see the section titled Cost-Share/Match Requirements
on page 1-65 and the Work Plan Development section that begins on page 1-68.
Typically, EPA solicits proposals from eligible tribes and intertribal consortia to develop
or implement watershed based plans and other on the ground projects, or to develop NFS
ordinances that will result in significant steps toward solving NFS impairments or protecting
waters from NFS pollution. Detailed information regarding the RFP is not discussed here,
because submission requirements and selection criteria can change from year to year.
Applicants for competitive tribal 319 grants must refer to the annual RFPs posted to
grants.gov at www.grants.gov and to the tribal NFS Web site at www.epa.gov/nps/tribal.
Applicants should carefully read the annual RFP to ensure that their proposals fully address
all requirements, including eligibility threshold criteria and evaluation factors. EPA Regions
will review each proposal to ensure that threshold eligibility criteria are met. Applicants
deemed ineligible for funding consideration as a result of the threshold eligibility review
will be notified by the EPA Regions. Proposals that meet the threshold eligibility criteria
are submitted to EPA Headquarters for review and ranking by a selection committee. Each
proposal is scored by the committee members on the basis of the factors and point system
described in the annual RFP. The ranked list is provided to EPAs selection official, who makes
final funding decisions.
All aspects of the competitive process are guided by EPA Order 5700.5A1, Policy for
Competition of Assistance Agreements. It is important to note that EPA will not discuss draft
proposals with applicants, provide informal comments on draft proposals, or provide advice
to applicants on how to respond to selection criteria. As part of the annual RFP process,
applicants are provided the opportunity to submit questions in writing to the EPA Regional
contacts regarding threshold eligibility criteria, administrative issues related to the submission
of the proposal, and requests for clarification about the RFP. EPAs responses to questions are
posted to EPAs Tribal Nonpoint Source Web site. The Tribal Nonpoint Source Web site is a
helpful resource for tribes to access during their proposal preparation.
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Cost-SharelMatch Requirements
Section 319(h)(3) of the CWA requires that the cost-share/match for NFS grants be at least
40 percent of the total project cost. Match can include:
Allowable costs incurred by the grantee, subgrantee, or a cost-type contractor,
including those costs borne by nonfederal grants
Cash donations from nonfederal third parties
Value of third-party in-kind contributions
Tribal in-kind contributions, such as salary and equipment
To calculate the cost-share/match funds for the total project, the following tables demonstrate
a 40 percent (section 319-required cost-share/match), 10 percent (if undue hardship
requested), or 0-10 percent (if the work plan is combined in a Performance Partnership Grant
[PPG]) cost-share/match on a section 319 base funding request of $50,000 and $30,000.
Table 1-19. Match calculation table for tribes eligible for $50,000 of base funding
(> 1,000 mi2)
Total
project cost
$83,333
$55,556
$52,632
Nonfederal
match
40%
10%
5%
Federal share
60%
90%
95%
Nonfederal
Match
$33,333
$5,556
$2,632
Federal share
$50,000
$50,000
$50,000
Table 1-20. Match calculation table for tribes eligible for $30,000 of base funding
(< 1,000 mi2)
Total
project cost
$50,000
$33,333
$31,579
Nonfederal
match
40%
10%
5%
Federal share
60%
90%
95%
Nonfederal
match
$20,000
$3,333
$1,579
Federal share
$30,000
$30,000
$30,000
Example Calculation:
a. If you know the total project costs:
(1) Multiply the total project costs by the cost-share/ match percentage needed.
(2) The total is your cost-share/match amount.
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For example:
If you are requesting $30,000 of base funding, and your total project cost = $50,000, and
you need 40 percent cost-share/match, so $50,000 x .40 = $20,000 (cost-share/match).
OR
b. If you know the total federal funds requested ($30,000 for this example):
(1) Divide the total federal funds requested by the maximum federal share allowed.
(2) Subtract the federal funds requested from the amount derived in step 1.
(3) The amount derived from step 2 is the nonfederal match.
For example:
(1) If the federal funds requested = $30,000 and the recipient cost-share/match is 10
percent, the federal share = 90% or 0.90. $30,000 -r- 0.90 = $33,333 (total project cost).
(2) $33,333 - $30,000 = $3,333
(3) The nonfederal match = $3,333
Table 1-21. Match funding requirements
Grant request
Section 319 match requirement
Undue hardship
Performance Partnership Grant*
Cost-share/match required
40%
10%
0%-IO%
* Different funding in a PPG have different match requirements
Applicants should be aware that funds originating from the Bureau of Indian Affairs may be
used as cost-share/match for section 319 (pursuant to 25 U.S.C. section 458cc). These funds
are treated as nonfederal funds for purposes of meeting cost-share/match requirements.
EPAs regulations also provide that EPA may decrease the cost-share/match requirement to as
low as 10 percent (or in certain circumstances as low as 5 percent with respect to tribal 319
funds that have been included in PPGs). Tribes must demonstrate in writing to the Regional
administrator that fiscal circumstances within the tribe (or within each tribe that is a member
of the intertribal consortium) are constrained to such an extent that fulfilling the cost-share/
match requirement would impose undue hardship (see 40 CFR 35.635).
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Performance Partnership Grants
Section 319 grants are eligible to be included in PPGs (see 40 CFR 35.530). PPGs enable tribes
and intertribal consortia to combine lunds Irom more than one environmental program grant
(e.g., section 106, General Assistance Program [GAP]) into a single grant with a single budget.
The purpose ol PPGs is to strengthen planning and priority setting through better deployment
ol resources, flexibility in directing resources to where they are most needed, linking
activities to overall environmental goals and outcomes, fostering innovation, and streamlining
administrative requirements.
If a tribe includes a section 319 grant as a part of an approved PPG, the cost-share/match
requirement may be reduced to 5 percent of the allowable cost of the work plan budget for
the first 2 years in which the tribe receives a PPG. After 2 years, the cost-share/match may be
increased to up to 10 percent of the work plan budget. This determination of a tribe's ability
to meet match is made by the EPA Regional administrator after various socioeconomic factors
of the tribe are taken into consideration (see 40 CFR 35.536). The Regional administrator also
has the regulatory authority to waive all cost-share requirements for the PPG if socioeconomic
factors show that meeting match would impose an undue hardship (see 40 CFR 35.536(d)).
EPA is developing a consistent, standardized approach to assist Regional administrators in
determining tribal match waiver eligibility. The socioeconomic criteria will be based on
publicly available, nationally consistent data.
Recipients are not required to account for
PPG funds in accordance with the funds'
original funding program, although total PPG
expenditures need to be accounted for. If a
tribe proposes a PPG work plan that differs
significantly from any of the approved 319
work plan components, the EPA Regional
administrator must consult with the NFS
national program manager before the 319
grant may be included in the PPG. Tribes
interested in combining 319 dollars into a
PPG should consult with their EPA Regional
tribal coordinator to determine whether a
PPG is an appropriate option.
Participants at a regional tribal NFS
Workshop view native species revegetation
project. (New Mexico 2008)
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Grant Timeline
The base and competitive timeline has been developed to coordinate proposal submissions
and the receipt of fiscal year appropriations, and to avoid busy summer schedules when
the bulk of project implementation occurs. Deadlines vary from year to year; however, the
timeline in Figure 1-12 generally outlines the process.
Base and
competetive Proposals Selections
W'VKSUVC „„£.,. __,j-
proposa s due reviewed made
A . . . . ..
Awards made to tribes
I I I I I I I I I I I I
Sept Oct Nov Dec Jan Feb Mar Apr May June July Aug
Figure 1-12. Grant timeline.
Work Plan Development
In this section, you will find
• What is a work plan?
• What are the five
requirements of a work plan,
and what must a tribe do to
meet them?
What does a work plan look
like?
Eligibility to receive a section 319 grant is complete once the
tribe has obtained TAS and approval of its assessment report
and management plan. The next requirement before receiving
CWA section 319(h) grant funds is an approved work plan. A
work plan outlines the goals and objectives of the grant with a
schedule and budget breakdown to be carried out with CWA
section 319 grant funds. To begin developing a work plan,
refer back to the NFS assessment report and determine the
priority NFS problems to be addressed in the upcoming grant
cycle. Then refer to the NFS management program plan to determine the BMPs to implement
to address the priority NFS problem identified in the NFS assessment report. The work plan
should align with the schedule in the NFS management program. Next, develop a work plan
and estimated budget using the priority NFS problem and selected BMPs.
All work plans funded with federal grant funds must, at a minimum, include the work plan
information required at 40 CFR 35.507. For additional work plan requirements for base and
competitive grants, see the most recent guidelines or RFPs online at www.epa.gov/nps/tribal.
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There are five requirements for a work plan at 40 CFR 35.507:
1. Work plan components to be funded under the grant (you may also show some
components that are funded by other sources).
2. Work plan commitments for each work plan component, and a time frame for their
accomplishment.
3. Estimated work years and estimated funding amounts for each work plan component.
4. Reporting schedule and a description of the performance evaluation process.
5. Roles and responsibilities of the recipient and EPA in carrying out the work plan
commitments.
EPA recommends including a short introduction or background section to remind the
reviewer where the activities came from (e.g., assessment report on X river or management
plan commitments for year Y). It is advisable to also provide a brief physical description of the
reservation land and waters. EPA project officers change over time, so including that type of
information helps EPA to coordinate programs with greater understanding.
In-Depth Detail on the Five Requirements
Work Plan Components
The first requirement is to identify the work plan
components to be funded under the grant. Identify the
major goals to be carried out in the work plan that addresses
the NFS problem (as outlined in the management program
plan). A typical NFS work plan would have about three to
five components depending on activities to be carried out
with the available resources.
Work Plan Commitments
The second requirement is to identify the work plan
commitments (tasks) for each work plan component, along
with a time frame (milestones) for their accomplishment.
Identify the tasks to be carried out that will meet the goals
of the work plan. Identify how progress toward carrying
out the commitments will be measured. Identify the start
and end dates for each component. Identify the anticipated
environmental outputs and outcomes, and the plan for
tracking and measuring progress toward achieving the
expected outputs and outcomes.
Apache Crown Dancer I (Allan Houser Haozous),
Albuquerque.
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Environmental Results (per EPA Order 5700.7)
The underlying principle of EPA Order 5700.7, Environmental Results under EPA Assistance
Agreements, is to ensure that assistance agreements (grants, cooperative agreements)
administered by EPA, such as section 319 grants, are results-oriented and align with EPAs
strategic goals. Providing linkage to strategic plan goals, as well as developing measurable
outputs and overall goal outcomes, provides a way of measuring the environmental benefits
that could be achieved through a grant award. Given the importance of this principle, it is
required that grant awardees state the outputs and outcomes that are the expected results of
their work plan activities/components.
An environmental output (or deliverable) is an environmental activity, effort, or associated work
product related to an environmental goal or objective that will be produced or provided over a
period of time or by a specified date. Outputs can be quantitative or qualitative, but they must
be measurable during an assistance agreement funding period. Examples of environmental
outputs include:
Development of a nine-element watershed-based plan
Miles of fence line installed
Feet of stream bank planted
Amount of large, woody debris placed
I Number of stream meanders restored
Percent reduction in road density
Tribal NFS planning meeting at the Region 6 Tribal NFS Workshop, 2008.
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An environmental outcome is the result, effect, or consequence that will occur from carrying
out an environmental program or activity that is related to an environmental or programmatic
goal or objective. Outcomes could be environmental, behavioral, health-related or
programmatic in nature; must be quantitative; and might not necessarily be achieved within
an assistance agreement funding period. Outcomes may be short-term (changes in learning,
knowledge, attitude, skills); intermediate (changes in behavior, practice, or decisions); or long-
term (changes in condition of the natural resource). Examples of environmental outcomes
include:
An increased number of NFS-impaired waterbodies that have been partially or fully
restored to meet water quality standards or other water quality-based goals established
by the tribe
An increased number of waterbodies that have been protected from NFS pollution
Increased abundance and diversity of fish or macroinvertebrate species
Increased NFS knowledge on the part of community members
Increased knowledge on the part of trained staff in the 319 program
Estimated Work Years and Funding Amounts
The third requirement is to identify the estimated work years and estimated funding amounts
for each work plan component. This requirement has two parts. First, identify the percentage
of time that a full-time equivalent (FTE) is estimated to carry out each work plan component.
For example, a 100 percent FTE is 1.00 work-year. If the employee will carry out work plan
component #1 part-time or about 25 percent of a full-time workload, the estimated work-years
for work plan component #1 would be 0.25 work-year/FTE.
The second part is to identify the estimated funding amount to carry out each work plan
component, which includes salary, fringe, travel, equipment, supplies, contractual, and other
expenses. The required cost-share/matching funds may also be included in the estimated
funding amount for each work plan component.
Reporting Schedule
The fourth component of the work plan is to identify the reporting schedule and to describe
the performance evaluation process, required according to 40 CFR 35.515, Evaluation of
Performance. This information will meet the regulatory requirements for
A discussion of accomplishments as measured against the work plan
A discussion of the cumulative effectiveness of the work performed under all work
plan components
A discussion of existing and potential problem areas
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Suggestions for improvement, including, where feasible, schedules for making
improvements
To best address this requirement, the required 40 CFR 35.515 information for the
performance evaluation process may be copied directly into the work plan. This evaluation
provides the basis for the tribal progress reports.
§35.515 Evaluation of Performance
(a) joint evaluation process. The applicant and the Regional Administrator will develop a
process for jointly evaluating and reporting progress and accomplishments under the work plan
(see section 35.507(b)(2)(iv)). A description of the evaluation process and reporting schedule
must be included in the work plan. The schedule must require the recipient to report at least
annually and must satisfy the requirements for progress reporting under 40 CFR 3l.40(b).
(b) Elements of the evaluation process. The evaluation process must provide for:
(I) A discussion of accomplishments as measured against work plan commitments;
(2) A discussion of the cumulative effectiveness of the work performed under all work plan
components;
(3) A discussion of existing and potential problem areas; and
(4) Suggestions for improvement, including, where feasible, schedules for making
improvements.
(c) Resolution of issues. If the joint evaluation reveals that the recipient has not made sufficient
progress under the work plan, the Regional Administrator and the recipient will negotiate a
resolution that addresses the issues. If the issues cannot be resolved through negotiation, the
Regional Administrator may take appropriate measures under 40 CFR 31.43. The recipient may
request review of the Regional Administrator's decision under the dispute processes in
40 CFR 31.70.
(d) Evaluation reports. The Regional Administrator will ensure that the required evaluations
are performed according to the negotiated schedule and that copies of evaluation reports are
placed in the official files and provided to the recipient.
Roles and Responsibilities
The fifth work plan component is to identify the roles and responsibilities of the recipient
and partners in carrying out the work plan commitments. Specify who will carry out which
components and who has the lead to carry out each component.
Table 1-22 is a work plan template that includes the five requirements of a work plan per
40 CFR 35.507. For base funding, some EPA Regions require a more narrative work plan
than the one shown in the table. For more information, consult with your Regional NFS tribal
coordinator.
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Table 1-22. Sample work plan NPS pollution control program (CWA section 319)
Work plan components with commitments and
environmental results
1
2
3
4
COMPONENT: Decrease livestock access to
riverbanks of XX River.
Commitment l(a): Purchase fencing supplies.
Commitment l(b): Fence (X) yards of riverbank.
OUTCOMES/ENVIRONMENTAL RESULT: Water
quality will be improved through a decline in
sediments in the river by preventing livestock access
to the river.
COMPONENT: Revegetate project area with native
vegetation.
Commitment 2(a): Purchase trees, shrubs, and
grasses.
Commitment 2(b): Plant trees, shrubs, and grasses.
Commitment 2(c): Install watering system for
vegetation.
OUTCOMES/ENVIRONMENTAL RESULT: The
growth of native vegetation at the project site will
stabilize the riverbank and reduce the amount of
sedimentation entering the river.
COMPONENT: Provide alternative water sources
for livestock.
Commitment 3(a): Purchase solar panels and
troughs.
Commitment 3(b): Install solar-powered water
system.
OUTCOMES/ENVIRONMENTAL RESULT:
Providing alternative water resources for livestock
will prevent them from going into the river,
leading to a decline in sedimentation and pathogen
introduction.
COMPONENT: Educate tribal community on the
importance of water quality protection and NPS
pollution control program.
Commitment 4(a): Develop water quality education/
outreach program.
Commitment 4(b): Hold public outreach meetings
and conduct site visits to project area.
Commitment 4(c): Contribute articles to the
Environmental Department's monthly newsletter.
OUTCOMES/ENVIRONMENTAL RESULT: Changes
will occur in awareness and understanding of the
status of water quality and the effects of NPS
i /
pollution problems as demonstrated by direct
participation in workshops, meetings, and site visits.
Dates
start end
10/01
10/30
11/01
12/30
2/1 2/28
3/1 4/30
4/01 5/30
11/01 12/30
1/01 2/30
10/01 12/31
Semi-
annually
Monthly
Outputs/
deliverables
Submit before
and after photos
with quarterly
report.
Submit before
and after photos
with quarterly
reports.
Submit photos
of new water
system with
quarterly report.
- Submit to EPA
an education
and outreach
program
description.
- Include in
quarterly
reports a
summary of
public meetings
and site visits.
- Provide copies
of newsletters.
Responsible
staff and
work-years
WQS 0.20
Crew
WQS 0.20
Crew
WQS O.I 6
Crew
WQS 0.10
Estimated
cost*
$15,000
$10,000
$8,000
$3,000
Status
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Table 1-22. Sample work plan NPS pollution control program (CWA section 319) (continued)
Work plan components with commitments and
environmental results
5
6
7
COMPONENT: Develop draft watershed-based
plan for the XX watershed.
Commitment S(a): Review guidelines and checklists
for development of a watershed-based plan.
Commitment S(b): Meet with stakeholders in
watershed.
Commitment S(c): Develop draft watershed-based
plan.
OUTCOMES/ENVIRONMENTAL RESULT: The
watershed-based plan will allow for NPS problems
and pollutants of concern to be addressed and
reduced at a watershed level.
COMPONENT: Provide training for NPS staff.
Commitment 6(a): Attend the annual NPS
Workshop
Commitment 6(b): Attend workshops on BMPs and
other nonpoint source issues as they become
available.
OUTCOMES/ENVIRONMENTAL RESULT: Staff
knowledge will be increased, as demonstrated by
staff through on-the-job implementation.
COMPONENT: Establish quarterly reporting to
self-evaluate and joint-evaluate annual performance
under the grant, including
• A discussion of accomplishments as measured
against the work plan
• A discussion of the cumulative effectiveness
of the work performed under all work plan
components
• A discussion of existing and potential problem
areas
• Suggestions for improvement, including, where
feasible, schedules for making improvements.
OUTCOMES/ENVIRONMENTAL RESULT: The
tribe will evaluate and report on performance under
the grant.
Dates
start end
6/01 6/1 5
6/01 7/30
8/1 9/30
10/01 9/30
Quarterly:
1/30
4/30
7/30
10/30
Outputs/
deliverables
- Document
activities in
quarterly
reports.
- Document
meetings in
quarterly
reports.
- Submit draft
watershed-
based plan for
EPA review.
Provide status
and summary
of training
in quarterly
reports along
with copies
of training
certificates, if
available.
Submit quarterly
reports to EPA.
Responsible
staff and
work-years
WQS 0.14
WQS 0.10
Crew
WQS 0.10
WQS: Water Quality Specialist at 1.00 FTE. Lead for all work plan components.
Crew: NPS Crew. Contractual crew to carry out on-the-ground work for components #l-#3.
EPA will have no role in carrying out the work plan commitments except to review quarterly reports
submitted.
* This reflects the totals of all COSTS for each component, including salary, fringe, equipment, contractual,
supplies, travel, other direct costs (ODC), etc. Refer to budget breakdown for more detailed information.
Estimated
cost*
$7,000
$5,000
$2,000
Status
TOTAL: $50,000
EPA: $30,000
MATCH: $20,000
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Handbook for Developing and Managing Tribal Nonpoint Source Pollution Programs Under Section 3/9 of the Clean Water Act
Establishing Quality Assurance
and Quality Control Protocols |nthis se«ion.youwi
• What EPA requires in terms
NFS pollution is usually addressed by collecting information of QA/QC
on water quality, physical habitat, biological communities, • E/ements of a QAPP
land uses, land cover, and land management practices, and . Links for additional
then using that information to select, size, design, install, information
operate, and maintain management practices that will
intercept, treat, or otherwise reduce pollutant inputs and
habitat degradation in a waterbody. Information quality is important because significant
resources are often required to implement BMPs. Given that importance, tribes and other
non-EPA organizations need to develop and implement quality systems to support their
environmental programs and projects funded or regulated by EPA.
EPA has produced guidance on approaches for ensuring and controlling the quality of
environmental data and project management. The guidance documents provide useful
templates for establishing and maintaining QA/QC. Posted at www.epa.gov/quality/
qa_docs.html, they include program/organization tools, such as guidance for quality
management plans, quality system audits, and QA training and reporting. In addition, there
is guidance for projects such as producing data quality objectives, QA project plans, standard
operating procedures, technical assessments, data validation and verification, and data
quality assessments.
In general, EPA requires that recipients of funds for work involving environmental data
collection comply with Specifications and Guidelines for Quality Systems for Environmental
Data Collection and Environmental Technology Programs (ANSI/ASQC 2004). To
demonstrate conformance, EPA requires two forms of documentation: (1) documentation
of the organization's quality system (usually called a quality management plan) and
(2) documentation of the application of quality-related activities to an activity-specific effort
(usually called a quality assurance project plan or QAPP). For grants, contracts, and other
agreements that consist of a single project or task, these two documents may be combined into
a single document that describes the organization's quality system and the application of the
system to the work performed under the grant or contract. This may be done only with the
permission of the EPA QA manager, who will identify the elements that should be addressed
in a combined document.
Tribes usually produce a QAPP that covers all aspects of project management and
environmental data collection. The QAPP, which is usually developed and implemented to
cover water quality monitoring and other activities supported by CWA section 106 funding,
should be designed to address all data collection, including that funded by CWA section 319.
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For example, a tribe with an approved QAPP for CWA section 106 monitoring can modify the
QAPP so that it covers post-project monitoring of specific BMPs or the effects of several BMPs
on water quality at a selected location downstream.
In general, the QAPP describes environmental data collection activities—through direct
measurement or acquisition of databases—and explains who will be involved, what will be
done, and how quality will be maintained. QAPPs (and modifications to QAPPs) must be
prepared and approved before data collection begins. The QAPP will contain four basic sections:
Project Management
Data Generation and Acquisition
Assessment and Oversight
Data Validation and Usability
It will define and describe: who will use the data; what the project's goals/objectives or issues
are; what decisions will be made from the information obtained; how, when, and where
project information will be acquired or generated; what possible problems might arise and
what actions can be taken to address them; the type, quantity, and quality of data desired;
how good the data have to be to support the decisions to be made; and how the data will be
analyzed, assessed, and reported. Figure 1-13 depicts the role of the QAPP in data collection.
Systematic
Planning
(e.g., DQO Process)
PA Project
Plan
^^m
/ C<
fc r 5
N^p
Standard
Operating
Procedures
1
mdui
tudy
erim
BN1
ct X
' /—*
ent
Technical
Assessments
FATION »
IData Verification
& Planning
|
Data Quality
Assessment
ASSESSMENT
i
1
Figure 1-13. The role of planning and QAPPs in data collection.
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Handbook for Developing and Managing Tribal Nonpoint Source Pollution Programs Under Section 3/9 of the Clean Water Act
Tribes should ensure that data collection among CWA 106 and 319 programs is coordinated
so that duplication of effort and overlap between programs are avoided. For example, a
tribe can conduct all its data collection, including the CWA 319 efforts, under its CWA
106 program QAPP by modifying the QAPP to cover the NFS pollution activities. It will be
important to ensure that the information collected applies to the specific objectives of the
program or project. For example, collecting ambient samples to measure suspended sediment
at strategic locations for the purpose of characterizing general water quality is different from
collecting suspended sediment samples to measure the effects of a sediment-trapping BMP.
The sampling locations, timing, and frequency will likely be different. These issues can be
addressed in the QAPP by including separate sections for ambient monitoring and BMP
performance monitoring.
EPAs Guidance for Quality Assurance Projects Plans is available at www.epa.gov/quality/
qs-docs/g5-final.pdf.
Quality Assurance and Quality Control
Quality Assurance (QA): an integrated system of management
activities involving planning, implementation, assessment, reporting, and
improvement to ensure that a process, item, or service is of the type and
quality needed. QA is typically applied by managers or technical personnel
assigned to a specific oversight role. Example QA activities include
technical and management assessments of field and analytical operations.
Quality Control (QC): an overall system of technical activities that
measure the performance of a process, item, or service against defined
standards to verify that the performance meets the stated requirements.
QC is typically applied by technical personnel. Example QC activities
include the use of control samples during sample collection, handling, and
analysis, and activities such as data review.
Source: ANSI/ASQC 2004
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Handbook for Developing and Managing Tribal Nonpoint Source Pollution Programs Under Section 3/9 of the Clean Water Act
Statutory Requirements of
Section 319 Grants
In this section, you will find
• The requirements to obtain
3/9 funds
What reports are required by
EPA
The generally applicable award and administration process for
assistance agreements funded under section 319 are governed
by regulations at 40 CFR Part 31 (states, tribes, interstate
agencies, intertribal consortia, and local governments). In
addition, legal requirements, including EPA's regulations
on environmental program grants for tribes (see 40 CFR 35.500 to 35.735) and regulations
specific to NFS grants for tribes (see 40 CFR 35.630 to 35.638), apply to section 319 grants.
A description of EPAs substantial involvement in the cooperative agreement must also be
included in the final agreement. In addition, the following statutory requirements must be
met to receive assistance funding.
Satisfactory Progress
For a tribe that received section 319 assistance agreements in the preceding fiscal year,
section 319(h)(8) of the CWA requires that the EPA Region determine whether the tribe
made satisfactory progress during the previous fiscal year in meeting the schedule of activities
specified in its approved NFS management program to receive section 319 funding in the
current fiscal year. The Region bases this determination on an examination of tribal activities,
Tour of a box
timber weir
installed at
a culvert
inlet to slow
water before
entering a
rain garden.
2007 NPS
Workshop,
Region 5.
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Handbook for Developing and Managing Tribal Nonpoint Source Pollution Programs Under Section 3/9 of the Clean Water Act
reports, reviews, and other documents and discussions with the tribe. Regions must include
in each section 319 grant award (or a grant-issuance cover letter, signed by the EPA grant
official) a written determination that the tribe has made satisfactory progress during the
previous fiscal year in meeting the schedule of milestones in its NFS management program.
Regional staff must include a brief explanation that supports the determination.
Administrative Costs
Pursuant to CWA section 319(h)(12), administrative costs in the form of salaries, overhead,
or indirect costs for services provided and charged against activities and programs carried
out with the grant may not exceed 10 percent of the grant award, regardless of whether
the funding is base or competitive. The costs of implementing enforcement and regulatory
activities, education, training, technical assistance, demonstration projects, and technology
transfer are not subject to this limitation. It is common for work plans to include many of
the above-stated exceptions to administrative costs. For example, most BMPs implemented
by tribes are considered demonstration projects and would fall under the administrative cost
exemption. Note that indirect cost rates are set by Department of Interior for the tribe and are
independent of indirect costs mentioned in CWA.
Reporting
Performance and Financial Reports
All section 319 workplans must include a set of reporting requirements and a process for
evaluating performance consistent with 40 CFR 31.40, 31.41, 35.507, 35.515, and 35.638.
Tribes are required to submit performance reports and financial reports according to the
schedule (at least annually, but no more than quarterly) determined by the EPA Regions.
Regardless of the funding distribution vehicle, tribes are responsible for managing the day-
to-day operations and activities supported by the funding, ensuring compliance with federal
requirements, and ensuring that milestones and performance goals are achieved. Tribes must
submit performance reports and financial reports according to the schedule (at least annually,
but no more than quarterly) in their assistance agreement. Copies of the performance reports
are placed in the official files and provided to the recipient. Performance reports and financial
Water is the most critical resource issue of our lifetime and
our children's lifetime. The health of our waters is the principal
measure of how we live on the land.
—LUNA LEOPOLD
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Handbook for Developing and Managing Tribal Nonpoint Source Pollution Programs Under Section 3/9 of the Clean Water Act
reports are due 30 days after the reporting period. The final report, sometimes called a closeout
report, is due 90 days after the assistance agreement expires. Tribes are required to report
direct and indirect environmental results from the work accomplished through the award.
Annual Reports
Section 319(h)(ll) requires tribes to report annually on their progress in meeting the schedule
of milestones contained in their NFS management programs. They must also report available
information on reductions of NFS pollutant loadings (if available) and on improvements to
water quality resulting from implementation of NFS management programs.
Annual reports should contain cumulative accomplishments, as well as how the management
program goals are being met. Most tribes will not have information on load reduction
estimates from NFS projects; however, staff should report on the following topics:
A brief summary of progress toward meeting approved milestones and the goals and
objectives identified in the NFS management program plan.
A milestone matrix displaying information, such as description of project/program,
scheduled project completion date, and percent completed.
A description of how other federal, state, and tribal departments, community
programs, and the like are supporting the NFS program.
A summary of any water quality improvements or improvements to aquatic habitat as
a result of the NFS program. Surrogate measures for water quality improvements, such
as environmental indicators, may be used if water quality improvements are not yet
available.
To simplify reporting, some tribes could choose to combine their last performance report with
their annual report, as long as it also meets the requirements of the annual report and includes
progress in meeting the schedule of milestones contained in their NFS management programs.
Some tribes have chosen to include additional information in the annual report. For example,
the report may discuss any needs to modify a program, provide case studies of particular
projects, or convey information to a broader audience on the activities being conducted by
the tribe. Tribes can choose to include this additional information as a way of marketing the
successes of their program to tribal leaders and decision makers, or to the general public; this
is, however, optional.
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Summary and Conclusions
This section concludes Part I of the handbook. Although there are certainly many facets of the
NFS program, some important take-away points include the following:
Work with your EPA project officer or tribal NFS program coordinator (or both)
throughout the eligibility process. They are responsible for reviewing the NFS
assessment report and management program documents and for guiding you through
the TAS process. Find out if there are Regional deadlines, in addition to national
deadlines, to receive next year's fiscal year funding.
Link work plan components to priorities in the NFS management program plan. All
your NFS work and documentation—the assessment report, the management program
plan, the 319 work plan, and so on—should "hang together" in an integrated manner
and make sense to reviewers. Here is the key question regarding your assessment,
program, and funding documentation: If you and all your staff left their jobs tomorrow
and new people took over the program, could they pick up where you left off just by
reviewing your work?
Develop strong work plans that provide detailed information on each commitment and
associated outputs and outcomes. Doing so will make tracking progress and reporting
on environmental results easier for you and for EPA.
It's a challenge for many small tribal environmental departments to maintain viable
programs given the lack of resources and staff turnover. To the extent possible, partner
with local, state, and federal agencies, as well as the nonprofit and private sectors, to
leverage technical and financial assistance. Section 319 funding alone will not be able
to solve all your NFS problems.
In September 2008, EPA's Office of Water released the National Water Program Strategy: Response
to Climate Change. That document identifies potential effects of climate change on clean water and
drinking water programs and defines actions that the National Water Program will take to address
the effects. One of those actions is to integrate climate change information into existing training
programs for water professionals. Given the magnitude and seriousness of the issue and the intent
of the strategy document, EPA has included a special insert at the end of this part that addresses
the effects of climate change on tribal NFS programs, including what managers and practitioners
alike can do to incorporate climate change considerations into their programs and plans.
Part II of this handbook moves beyond the programmatic side of section 319 and provides more
in-depth discussion of the technical aspects of improving water quality conditions through
the use of watershed-based planning. Watershed-based planning incorporates all pollutant
sources within a specific watershed geographic scale, rather than focusing on ownership-
based boundaries. Unless a reservation is large enough to encompass entire watersheds, it is
very likely that tribal water program staff will need to communicate with their neighbors to
develop effective plans that cover entire watersheds.
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Climate Change ConsidenitioiK: The Earth k Worming
Protection and restoration of tribal waters,
watersheds, and the resources they support are
increasingly important in light of changing climate.
According to the Intergovernmental Panel on
Climate Change (IPCC) 2007 report, the earth is
warming. According to the global climate models,
the warming will very likely cause changes in atmospheric
circulation and increase evaporation and water vapor,
which will result in precipitation increases, more intense
precipitation, more storms, and sea level rise. The regional
and local precipitation, temperature, and weather intensity
are much harder to predict, but future projections suggest
the following (IPCC 2008, 2007b; Burkett et al. 2001):
Annual average precipitation will increase in the
northeastern United States and decrease in the
Southwest.
• In the Midwest and Great Lakes, lake and river levels will
be lower.
• In the Great Plains, there will be intensified springtime
floods and summertime droughts, and agricultural
productivity will likely shift northward as the droughts
increase.
• Projected warming in the western mountains by the
mid-21st century is very likely to cause large decreases
in snowpack, earlier snowmelt, more winter rain events,
increased peak winter flows and flooding, and reduced
summer flows.
Why does climate change matter to
tribal NFS managers?
In addition to many cultural uses of the land and subsistence
living, climate change is likely to affect many water-related
issues depending on the location of your reservation. In
general, warmer air temperature is expected to alter water
in many ways.
• Changes in the location, timing, form, and amount of
precipitation could result in
— Reduced rainfall
- More frequent wildfires (and land areas where
wildfires have occurred are more vulnerable to soil
erosion)
- More frequent, more intense flooding
— Increases in tropical storm intensity
Hydrologic changes, presenting as
- Shrinkage of the drainage network
- Earlier peak runoff and lower summer flows in rain-
snow watersheds
• Chemical and physical changes in oceans and coastal
regions, including
— Rising sea levels
- Increasing erosion rate
- Displacement of coastal wetlands
— Inundation of coastal wetlands, deltas, and mangrove
forests
— Increases in the salinity of both surface water and
ground water through saltwater intrusion
• Increases in water temperature, resulting in
— Higher dissolved oxygen, pathogens, nutrients,
ammonia, pentachlorophenol, and other pollutant
levels
— Increased algal blooms and invasive species
- Loss of aquatic species whose survival and breeding
are temperature-dependent
- Change in the abundance and spatial distribution of
coastal and marine species
— Increased rates of evapotranspiration, shrinking waters
such as lakes
• Increased evaporation from soils, leaving soils less able to
support plant life and less able to absorb rain that does
fall
• Protected wetlands and other water bodies may lose their
relevance for species of concern because the protected
areas will no longer provide the climate required
What should we be doing under the
Tribal 319 Program?
Tribal NPS managers need to consider future threats as
well as current sources of pollution when managing their
resources, watersheds, and watershed processes. When you
are developing your assessment report and management
plans, developing watershed-based plans, and implementing
BMPs, ask what would allow your practices and plans to be
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Handbook for Developing and Managing Tribal Nonpoint Source Pollution Programs Under Section 3/9 of the Clean Water Act
more resilient in the face of climate change. Below are just
a few things you can do to adapt to and minimize the effects
of climate change through your NPS program.
• When assessing and prescribing watershed management
actions, project forward what the needs might be.
• Choose activities that protect or restore the resiliency of
ecosystems and watersheds.
• Ensure your floodplains and hyporheic zones are
maintained.
• When designing, selecting, and placing BMPs, consider
that there might be more water flowing through the
system during storms and less during summer. Fencing
might need to be set back farther. Maybe headwater
wetland restoration will take a higher priority than other
projects so as to maximize storage from storm events.
• Do not assume that the protections and protected areas
you have in place will be adequate for species as climate
changes habitat.
• Plant trees. Retain and expand forests as much as
possible; the extent of forests might shrink over time.
• Work with other tribal offices to consider climate
change when permitting practices and developing codes/
ordinances for forests, agricultural lands, developed areas,
and water usage.
• Minimize increases in water temperature through shading
and ground water recharge by protecting and restoring
riparian areas and wetlands.
• Ensure that fish have access to seasonal habitat (e.g., off-
channel and cool-water refugia).
• Disconnect impervious cover and road discharge from
streams to soften discharge peaks during rain events.
• Use Green Infrastructure and Low-Impact Development.
Green Infrastructure includes an array of products,
technologies, and practices that use natural systems—or
engineered systems that mimic natural processes—to
enhance overall environmental quality and provide utility
services. Green Infrastructure practices recharge ground
water, reduce the need for watering vegetation, and
reduce and slow excessive stormwater to streams.
• Reduce the reintroduction of carbon from stored carbon
sources by minimizing soil and wetland disturbances and
forest clearing.
Much of the information above came from EPA's climate
change training materials, EPA Regional staff, Ecological
Impacts of Climate Change (COEICC NRC 2008), and the
University of Washington's Climate Impact Group. For the
most current information about climate change research and
adaptations and mitigation activities, see the climate change
Web sites recommended in Part III.
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atershed-Based Planning
In this section of the handbook, we discuss additional resources for tribes that might be useful
in the context of water resource management and program planning. The topics covered are
Watershed approach and watershed-based plans (WBPs)
D Online tools
Funding resources
Environmental results
D Ideas for building partnerships to leverage resources and success
The Watershed Approach
The watershed approach is a holistic approach that can help tribes restore land and water
resources. It is a framework that is particularly useful for preventing or correcting
environmental problems caused by nonpoint source (NFS) pollution. It is important to
distinguish between the watershed approach, which is the process or mechanism for planning,
and the WBP, which is the action-oriented, end product of the planning process. This section
outlines the six-step iterative watershed plan development process and the nine basic elements
that are included in WBPs.
A few other distinctions should be made before launching into the steps of the watershed
approach and the components of a WBP. There are many ways a WBP can be developed.
Sometimes the plan is developed by a watershed group, university, local government, or
nonprofit. For tribes, the tribal government might undertake the development of the plan
directly or work in partnership with others. Tribal organizations bring a lot to the table during
the plan development process, and they can work effectively with nontribal entities to create
strategies to protect and restore the waters that flow through Indian Country and surrounding
areas. Section 319 base or competitive funding can be used for best management practices
(BMPs) and project work; in either case, the benefit to tribes is that a WBP plan builds the
partnerships and collects the information critical to protecting and improving water resources.
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The watershed approach has four characteristics:
1. Planning is conducted by a consortium of people working in diverse, well-integrated
partnerships.
2. The focus for planning is a specific geographic area (the watershed).
3. Any actions that are included in the plan are based on sound science and technology.
4. The plan presents coordinated priority setting and integrated solutions.
It has been well documented that the watershed approach is the best means for preventing
and resolving NFS problems and threats. The list below describes some of the benefits tribes
will gain from using the watershed approach:
f. It yields results. Many people have achieved great results through this method, which
endorses robust partnerships, a clear geographic focus, using sound science, and
prioritizing issues.
2. It helps prioritize. What you submit in your grant application work plans will be derived
from your WBP. The WBP is like a long-term improvement plan for the waters of
the reservation, and adjacent waters if you are doing the plan based on a subbasin.
The projects that you submit in annual work plans should be based on your NFS
management plan document, but specific activities will come from the WBP as well.
3. WBPs are supported by EPA and other federal agencies. The U.S. Environmental Protection
Agency (EPA) believes watershed-based planning is the most effective method to
manage multiple water resource issues.
WBPs are like any other environmental project with up-front costs (time, people, and funding)
that demonstrate results once implemented. WBPs are also beneficial in places where there is
staff turnover—the next person can pick up the plan and read it, know who is who and what
the long- and short-term goals and activities are, and be ready to go.
There is another distinction to be made—the difference between a WBP and the NFS
management program required for 319 funding. Figure II-1 demonstrates how these documents
work together. There are two main differences in the scope of the two documents:
1. The WBP focuses on a watershed, which is typically the drainage basin for a river
or lake, and might be large-scale (8-digit Hydrologic Unit Code (HUC)) and contain
areas outside tribal authority or smaller (16-digit HUC), which might be entirely on
reservation lands. EPAs 319 program supports watershed planning at the 12-digit
HUC or smaller level. However, the NFS management program focuses on all the
waters of a reservation.
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Reservation
NPS Assessment Report
and Management Plan
Watershed Boundary
Watershed-Based Plan meeting
EPA 9 elements
Watershed Projects
Work plan activities
Monitoring Sites
Operated by tribe county, state,
USGS, USFWS, etc.
Watershed Project Scenarios Using 319 Funding
A. Implementing a watershed project on reservation land
B. Implementing a watershed project off reservation land (needs to pertain to the
management and protection of reservation waters, and landowner permission is required)
C. Implementing a WBP on reservation land
D. Implementing a WBP off reservation land (needs to pertain to the management and
protection of reservation waters, and landowner permission is required)
Note: Watershed projects are those projects that do not necessarily contain all nine components of a
WBP but contain many aspects of the watershed-based planning framework.
Figure II-l. How a WBP relates to reservation-specific water resource plans and projects.
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2. The WBP takes into account all potential sources of pollution, both point source
and nonpoint source, whereas the plan required for 319 funds covers only nonpoint
sources.
The foundation of a tribal NFS program is the NFS management program and the NFS
assessment report. Those documents provide overall program guidance to address NFS
pollution on tribal lands. Tribal lands can include several portions of watersheds or can contain
entire watersheds depending on the scale definition. As an output of the NFS management
program, the WBP helps to focus NFS planning on a particular watershed identified as a
priority in the NFS management program. Information gathered during the development of
the NFS assessment report and management program plan therefore feeds into the WBP. Like
the management program plan, the WBP will be a multiyear planning document; however, it
is much more detailed than the 319
Table ll-l. Components of assorted plans
program plan and covers a longer period.
The NFS management program and the
assessment report are the foundation
to help you begin watershed planning,
and the final plan document should be
consistent with those reports. There are
many other sources of information you
will find helpful in writing your plan.
You can use this handbook as a starting
point to find these resources.
Once you have a WBP, it can simplify
annual work plan development. Work
plans identify portions of the WBP
to be carried out. In the case of work
plans submitted as part of a 319 grant
application, the focal point would
still be on NFS pollution even though
point sources are identified in the WBP. Nevertheless, knowing all the potential sources of
pollution is extremely helpful in planning a robust water resource management program for
all reservation waters.
This section begins by going into detail regarding the six steps involved with watershed
planning (i.e., the approach). It then takes you through each of the nine required components
of the WBP (highlighted in white in Figure II-2). To understand how these fit together, see
Figure II-2. Each of the nine components required in a WBP is derived from one of the six
planning and implementation steps. This section also takes a look at the many resources
available to help you develop a watershed plan.
Component
Focus on
watershed
Focus on
reservation
waters
NFS
pollution
All pollution
Multiyear
document
Annual
(1- to 2-year)
document
NFS mgmt
plan
optional
X
X
X
WBP
X
X
X
X
Work
plan
optional
X
X
X
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Steps in the Watershed Planning and Implementation Process
1
4
4
1. Build Partnerships
• Identify key stakeholders
• Identify issues of concern
• Set preliminary goals
• Develop indicators
• Conduct public outreach
2. Characterize the Watershed
• Gather existing data and create a watershed inventory
• Identify data gaps and collect additional data if needed
• Analyze data
• Identify causes and sources of pollution that need to be controlled
• Estimate pollutant loads
3. Finalize Goals and Identify Solutions
• Set overall goals and management objectives
• Develop indicators/targets
• Determine load reductions needed
• Identify critical areas
• Develop management measures to achieve goals
Characterization and
Analysis Tools
> CIS
> Statistical packages
4. Design an Implementation Program
• Develop implementation schedule
• Develop interim milestones to track implementation of management measures
• Develop criteria to measure progress toward meeting watershed goals
• Develop monitoring component
• Develop information/education component
• Develop evaluation process
• Identify technical and financial assistance needed to implement plan
• Assign responsibility for reviewing and revising the plan
Monitoring
Load calculations
Model selection tools
Models
Databases
(environmental and
social tools)
5. Implement Watershed Plan
• Implement management strategies
• Conduct monitoring
• Conduct information/education activities
6. Measure Progress and Make Adjustments
• Review and evaluate information
• Share results
• Prepare annual work plans
• Report back to stakeholders and others
• Make adjustments to program
Figure II-2. Foundation of the nine elements of a WBP.
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Implementing the Watershed Approach
As explained below, the watershed planning and implementation process (the approach) has
six major steps. The process is the mechanism that yields a WBP as its end product. The six
steps are:
1. Build partnerships
2. Characterize the watershed to identify problems
3. Finalize goals and identify solutions
4. Design an implementation program and assemble a watershed plan
5. Implement the watershed plan
6. Measure progress and make adjustments
(which lead to an improved plan)
This diagram illustrates the six steps associated
with watershed planning and
implementation. Note
that the diagram
is shaped like
a feedback
loop. This is
intentional:
like any good
management
process,
the watershed planning and
implementation process strives for continual improvement. The management of a watershed
requires continual self-evaluation and adjustment to reach the goals that have been set for
water quality. Each of the six steps is composed of numerous smaller steps. This section
discusses the utility and flow of the watershed planning and implementation process, with
an emphasis on how these steps might apply in a tribal setting. The nine elements, required by
EPA for WBPs, are discussed in the next section.
/. Build Partnerships
Bringing people, policies, priorities, and resources together through a watershed approach
blends science and regulatory responsibilities with social and economic considerations.
Because building partnerships is the first step and a critical one for ensuring the ongoing
success of your efforts, EPA has included in this section a good amount of detail regarding
identifying stakeholders and nurturing those relationships.
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Watershed planning is often too complex and too expensive for one person or organization
to tackle alone. To work effectively at the watershed level (as opposed to limiting the efforts
to only tribal lands), tribes will want to work with stakeholders within and outside the tribe
and watershed. A stakeholder is a person or organization that has a stake in the outcome of the
watershed planning process—a stakeholder can make and implement decisions, is affected
by the decisions made, or has the ability to assist or impede implementation of the decisions.
Figure II-3 offers a starting point for thinking about which tribal and nontribal stakeholder
groups to include in your consortium. Note that key individuals might be the impetus within
each stakeholder group.
Tribal/Intertribal
Water
Office
Natural
Resource
Tribal
Council
Fish&
Game
Rural
Health
Nontribal
Universities
Figure II-3. Potential stakeholder groups for your consortium.
A tribe might be faced with the issue that its reservation constitutes only a very small portion
of the watershed; land titling issues might be complex; or lands might be "checker-boarded."
In all such cases, land-based activities occurring on nontribal lands are likely to account
for a portion—and perhaps even the majority—of the NFS pollution affecting tribal lands.
For example, tribal lands might be downstream of agricultural operations or heavily paved
urban areas. This is why partnering with nontribal entities is so important. Tribes might not
be able to solve their water pollution problems without the cooperation of their neighbors in
the watershed. By the same token, the nontribal groups will likely need tribal involvement to
address the water quality problems they're facing.
Note that tribal 319 funding generally applies to waters on the reservation, though the
watershed might cover a much larger geographical area. If your work plan tasks include
implementing 319 projects outside tribal reservations, you will need to make the case that
these projects in upstream or downstream waters pertain to the management and protection
of reservation waters. In addition, approval from those property owners will be needed to
implement such projects off the reservation.
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When Should We Start Engaging Stakeholders?
It is critical to build partnerships with key interested parties at the outset of the watershed
planning effort. A common mistake is engaging stakeholders after much of the planning has
already been done. That can lead to disagreements or lack of enthusiasm, which might have
been avoided if stakeholders had been brought on board earlier.
Who Should We Include?
All categories of potential stakeholders—not just those that volunteer to participate—should
be identified and invited. It is essential that you identify all these categories of potential
stakeholders. Stakeholders also include those that can contribute resources and assistance
to the watershed planning effort, and those that work on similar programs that can be
integrated into a larger effort or have access to lands or waters to be addressed. Keep in mind
that stakeholders are more likely to get involved if you can show them a clear benefit to their
participation.
Begin by contacting the people and organizations that have an interest in water quality or
might become partners that can assist you with the watershed planning process. Consider
who would be the most appropriate person to contact the potential partner. Make sure you
have a means to encourage the partners you are working with to invite others. This approach
extends your network and possible resources. Those who might have a stake in the watershed
plan should be encouraged to share their concerns and offer suggestions for possible solutions.
Also try to match your needs with your stakeholders' resources and capabilities. The box
below lists some skills you might seek to complement tribal resources and knowledge.
Skills in Stakeholder Group
• Accounting
• Graphic design
• Computer support
• Fundraising
• Public relations
• Technical expertise (e.g., CIS, water
sampling)
• Facilitation
• Consensus-building, outreach
Resources Available from Stakeholders
• Contorts with media
• Access to volunteers
• Access to dotosets
• Connections to local organizations
• Access to meeting facilities
• Access to equipment
• Access to field trip locations
• Access to upstream locations
Remember that partners should come from both tribal/intertribal entities and nontribal
entities. Other agencies within tribes might be able to help tap into outreach demographics
previously untargeted by tribal water quality efforts. Working with tribal leaders can lead
to swifter governing policies that support the water quality plan. Nontribal entities provide
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access to outside resources that bolster research and legislative efforts. A good place to start
when thinking about possible partners is making a list of the expertise and resources that will
be needed to ensure success. Needs range from technical data to meeting space for gatherings.
A list will help target your partnership efforts.
How Do We Build Support in the Watershed?
Watershed plans and water quality management programs also contribute to stakeholders by
addressing their needs and concerns. Listing issues relevant to the local community will help
with buy-in from tribal members and organizations. Restoring clean water and preserving
natural resources are ways that the tribe can benefit from a WBP. Restored areas might be less
prone to flash flooding during large
storm events. Encouraging responsible
development can help spur economic
growth, yet minimize contribution to
the degradation of reservation waters.
Water quality management efforts,
monitoring sites, and BMP installations
also preserve the land for tourism
and may be marketed to green tourists
interested in environmental protection.
Very few watersheds exist within a
single political jurisdiction. Many
different regulatory agencies are
involved in any watershed plan simply
because of the large area affected
and the cross-cutting nature of water
quality issues—and those agencies
Figure II-4. Hierarchy of entities within a watershed.
do not always agree on the best course of action. Creating partnerships with state and federal
agencies can facilitate consensus in your watershed planning. When all groups are on the
same page about what a watershed needs, where funding will come from, who will maintain
any infrastructure or testing protocol, and what the benefits will be, projects are approved
more quickly and run more smoothly. Without reaching out to partners, the effort to improve
reservation waters can seem like an uphill battle. In actuality, water quality is important to
everyone and good communication can make that clear.
When you begin to contact stakeholders, consider how you will approach them about your
watershed planning effort and the expected outcome. Think about what will encourage that
stakeholder to buy in to your process, and focus your approach on issues important to that
stakeholder or group. For community organizations, you can cite the resolution of problems
like erosion of stream banks, habitat and green space deterioration, and flash flooding.
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Policy organizations will be focused on what your
watershed plan can do for the legislative process:
Will it help streamline environmental policy? Does it
contribute data required by local or state ordinances,
or does it eliminate the need for deliberations
on community issues because it addresses these
issues? Try to contact the most appropriate person
in the organization (based on how you approach
that stakeholder's buy-in to the project). Water
quality contacts are naturally good contacts, as are
environmental committee members, school excursion
leaders, or community government officials.
Which Stakeholders Might Be Able to
Assist Monetarily?
Funding is one of the most important parts of
the watershed planning process. Many federal
programs have funding opportunities that can be
used in your watershed plan. Look for funding in
these topics: wetlands restoration, water quality
restoration, community development and aid,
historical preservation, solid waste cleanup, land
reclamation and revegetation, abandoned mine
reclamation, and other programs targeted toward
the needs in your watershed. When contacting
federal and state agencies, it is best to research your
local branch. Bureau of Indian Affairs, Bureau of
Land Management, U.S. Department of Agriculture
(USDA)-Natural Resources Conservation Service
(NRCS), U.S. Geological Survey, and EPA have
information on local representatives on their
respective Web sites. Getting in contact with these
local branches can have positive results because
they can be untapped resources. In addition, if you
are working with local universities, encourage your
partners to apply for federal research grants that will
support their work on your watershed plan. For links
to online federal funding resources, see Part III,
Additional Resources for Tribes.
^«
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Included below is a list of example stakeholders in the watershed planning process. A more
comprehensive list is provided in EPA's Handbook for Developing Watershed Plans to Restore and
Protect Our Waters (www.epa.gov/nps/watershed_handbook), Chapter 3.
Local Stakeholders
• Community service organizations
• Local cooperative extension
offices
• Local elected officials
• Local lake associations
• Local landowners
• Porks and recreation
departments
• Planning and zoning programs
• Regional planning councils
• So/7 and water conservation
districts and NRCS offices
• Solid waste programs
• Stormwater management
programs
• Volunteer monitoring programs
• Water and sewer programs
• Watershed organizations
State and Regional Programs
• Source Water Assessment and
Protection (SWAP) programs
• State and interstate water
commissions
• State coastal zone management
programs
• State departments of
transportation
• State fish and wildlife programs
• State health departments
• State TMDL (total maximum daily
load) programs
• State NPS programs
• State water protection initiatives
• State wetland programs
• Regional geographic watershed
initiatives
Federal Programs and
Organizations
• Abandoned mines programs
• Agricultural conservation programs
• Agricultural support programs
• Bureau of Indian Affairs
• Bureau of Land Management
• Coastal programs
• Federal transportation programs
• Indian Health Service
• NRCS
• Public lands management
• Threatened and Endangered
Species Protection Programs
• U.S. fish and Wildlife Service
• U.S. Forest Service
• Wetland protection programs
• Wildlife protection programs
2. Characterize Your Watershed
Characterizing your watershed can be considered the heart of the preparation process for
WBPs. The process is very similar to producing the NPS assessment report for the tribal
Clean Water Act (CWA) 319 program, but it also includes point sources of pollution, such as
wastewater treatment plants, industrial facilities, and stormwater discharges permitted under
the National Pollutant Discharge Elimination System (NPDES). During this phase, you will
gather existing data and create a data inventory, analyze gaps and collect additional data if
needed, and analyze your data. The goal of this data analysis for the watershed is to identify
the causes and sources of pollution affecting your waterbody. At the end of this characterization
process, you should be able to state what kinds of pollution are affecting the waterbody, where
that pollution is coming from, and what you might not know about the pollutant source.
The first step of watershed characterization is determining the scope of your effort, in terms of
both geographic size and the number of pollutant causes and sources you will address.
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Areas are defined by two-digit codes, so watersheds will be at the 2-, 4-, 6-, 8-, 10-, and
12-digit level. An easy way to remember the relationship between HUCs and the land they
represent is this: The smaller the number, the larger the geographic area. For that reason,
effective plans tend to focus at the 12-digit HUC (or smaller), level. The 12-digit level, or
subwatershed, usually has 10,000 to 40,000 acres; some are as small as 3,000 acres. EPA
encourages plans at the 12-digit level or smaller.
The key to determining the
appropriate scale of planning is
that you must ensure that the
area is small enough to manage
but large enough to address
water quality impairments and
the concerns of stakeholders.
If the scale is too small,
significant sources of pollution
that are outside the planning
area might be mistakenly
ignored, and then you cannot
fully address the problem. If
the scale is too large, you might
be overwhelmed. Remember
that your scope is both
geographic and topical—where
you want to work and on
what parameters. The greater
number of pollutants, the
smaller the geographic scale
and vice versa.
Figure II-5. HUC code levels used to define
watershed size.
Once you have delineated the area within which you will work, set out to gather as much
relevant information on that area as possible, with the end goal of identifying the causes and
sources of pollution. In addition to meeting with stakeholders, you will want to thoroughly
review the data that have already been collected. Often, likely causes of pollution have already
been identified. For example, stakeholders might be aware of a large construction project,
paved roads, or extensive agricultural operations near their waterbody. Table II-2 lists the
pollutants that might correspond with those sources. The process of characterizing your
watershed leads from generalities to specifics, so tailor the identification to what is applicable
in your delineation. Your chart will most likely differ from that in Table II-2.
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Table 11-2. Impairment sources and associated pollutants
Source
Cropland
Forestry harvest
Grazing land
Industrial discharge
Mining
Septic systems
Sewage treatment plants
Construction
Urban runoff
Common associated pollutants
Turbidity, phosphorus, nitrates, temperature, total suspended
solids
Turbidity, temperature, total suspended solids
Fecal bacteria, turbidity, phosphorus, nitrates, temperature
Temperature, conductivity, total solids, toxic substances, pH
pH, alkalinity, total dissolved solids, metals
Fecal bacteria (e.g., Escherichia coli, enterococci), nitrates,
phosphorus, dissolved oxygen/biochemical oxygen demand,
conductivity, temperature
Dissolved oxygen and biochemical oxygen demand, turbidity,
conductivity, phosphorus, nitrates, fecal bacteria, temperature,
total solids, pH
Turbidity, temperature, dissolved oxygen and biochemical
oxygen demand, total suspended solids, toxic substances
Turbidity, total suspended solids, phosphorus, nitrates,
temperature, conductivity, dissolved oxygen and biochemical
oxygen demand
Types of Data to Review to
Physical and Natural Features
• Watershed boundaries
• Hydrology
• Topography
• Soils
• Climate
• Habitat
• Wildlife
Land Use and Population
Characteristics
• Land use and land cover
• Existing management practices
• Demographics
Characterize Your Watershed
Waterbody Conditions
• Water quality standards/ designated uses
• 305(b) report
• 303(d) list
• Integrated report
• TMDL reports
• Source Water Protection Areas
Pollutant Sources
• Point sources
• Nonpoint sources
Waterbody Monitoring Data
• Water quality data
• Flow data
• Biological data
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Where might you find these existing data? A number of entities regularly collect all kinds of
information in your watershed (see list below). A good place to start is with federal and state
agencies, as well as any documents prepared during your 106 and 319 application processes.
For example, you have probably uploaded data collected for your 106 reports into EPAs
STORET database.
D Federal agencies (U.S. Geological Survey [USGS], U.S. Fish and Wildlife Services,
U.S. Forestry Service, Bureau of Land Management, U.S. Army Corps of Engineers,
EPA, EPA/STORET)
State agencies (water, fish and game, forestry, agriculture)
D Colleges and universities
D Watershed groups (volunteer monitoring programs, local knowledge)
Lake and river associations
D Local agencies (water/wastewater, health, planning and zoning, and the like)
Regional planning agencies
D EPAs Surf Your Watershed at www.epa.gov/surf
If you do not already have a data inventory, create one so that all relevant information can
be easily accessed and revisited in the future. The types of information to include in your
inventory are:
D Type of data (e.g., monitored, geographic)
D Source of data (agency)
Quality of data (quality assurance/quality control documentation, quality assurance
project plan [QAPP])
D Representativeness of data (number of samples)
Spatial coverage (location of data collection)
D Temporal coverage (period of record)
Data gaps
You can find sample inventories in EPAs Handbook for Developing Watershed Plans to Restore and
Protect Our Waters. Once you have created the data inventory, you will move on to the next
phase in characterization: identify gaps and collect new data. As you review the data, you might
realize that you need to gather additional existing information. If so, go back, add additional
information to your data inventory, and then proceed, filling any gaps in your data. You will
know that you have collected enough data once you are able to (1) identify the causes and
sources of the pollution in your waterbody of concern and (2) verify that the quality of your
data is adequate for making those determinations.
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A watershed survey, or visual assessment, is one of the most rewarding and least costly means of
collecting the additional data needed to understand the pollutants of concern in the watershed.
By walking, driving, or boating the watershed, you can observe water and land conditions,
uses, and changes over time that might otherwise be unidentifiable. These surveys can help
you identify and verify pollutants, sources, and causes, such as streambank erosion delivering
sediments into the stream and illegal pipe outfalls discharging various pollutants. They can
also be used to familiarize local stakeholders, decision makers, citizens, and agency personnel
with activities occurring in their watershed. Additional monitoring of chemical, physical, and
biological conditions will be required to determine whether the pollutants observed are actually
affecting the water quality. In addition, aerial photos are an excellent resource for viewing NFS
impacts. For general information on visual surveys, read section 3.2, The Visual Assessment, in
EPAs Volunteer Stream Monitoring: A Methods Manual (EPA 84f-B-97-003), www.epa.gov/owow/
monitoring/volunteer/stream/vms32.html. Included is a Watershed Survey Visual Assessment
form, www.epa.gov/owow/monitoring/volunteer/stream/ds3.pdf.
Several agencies and organizations have developed visual assessment protocols that you can
adapt to your own situation. For example, NRCS has developed a Visual Stream Assessment
Protocol (VSAP). The VSAP is an easy-to-use assessment tool that evaluates the condition of
stream ecosystems. Go to www.nrcs.usda.gov/technical/ECS/aquatic/svapfnl.pdfto download a
copy of the tool.
For more information and detailed descriptions of water quality sampling methods and
sampling plan designs, see the USGS National Field Manual for the Collection of Water-Quality
Data at water.usgs.gov/owq/FieldManual and EPA methods at
www.epa.gov/quality/qs-docs/g5s-final.pdf.
At this point you have inventoried and evaluated existing information and collected new data if
necessary, partnering with other entities to the extent possible to get the information you need.
The outcome of this process for tribes is to "identify causes and sources of pollution." This
fulfills the first of the nine elements discussed in more detail in the subsequent section called
Nine Elements of a Watershed-Based Plan. At this point you should be able to characterize your
causes and sources on the basis of the following:
D Source type (e.g., nonpoint, point)
D Location (e.g., subwatershed)
Land use type
Source behavior (e.g., direct discharge, runoff, seasonal activities)
Tribes also have the option at this stage of estimating the quantities (loads) of the pollutants
of concern entering their waterways. Two general types of techniques for estimating pollutant
loads can be used. First, you can directly estimate loads from monitoring data or literature
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values. Such techniques are best suited to conditions where fairly detailed monitoring and
flow gauging are available, and the major interest is in total loads from a watershed. To obtain
literature values for estimating pollution loads, see EPA's Handbook for Developing Watershed
Plans to Restore and Protect Our Waters, figure 8.1. Second, where resources allow, you can select
from a number of different watershed modeling techniques. Models can be used to forecast
or estimate future conditions; many do, however, require extensive expertise. One simple
model that might be of help is EPA's Spreadsheet Tool for Estimating Pollutant Loads (STEPL). If
the pollutants of concern are sediment, nitrogen, or phosphorus, you can use EPA's STEPL
spreadsheet tool to estimate loads and load reductions. The model uses simple algorithms
to calculate nutrient and pollutant sediment loads from different land uses and the load
reductions that would result from implementing various BMPs. To download the model or read
its documentation, visit http://it.tetratech-ffx.com/stepl.
3. Finalize Goals and Identify Solutions
During this part of the planning process you will: set goals on the basis of your data analysis;
identify your management objectives; and select your indicators to measure progress toward
achieving water quality improvements. Now that you have characterized and quantified
the problems in the watershed, you are ready to refine the goals and establish more detailed
objectives and targets that will guide you in developing and implementing a management
strategy. Those goals will guide the identification and selection of management practices to
meet the targets and, therefore, the overall watershed goals.
Table II-3 provides some examples of translating watershed goals into management objectives
(From EPA's Handbook for Developing Watershed Plans to Restore and Protect Our Waters,
chapter 9).
The indicators are measurable parameters that will be used to link pollutant sources to
environmental conditions. The specific indicators will vary depending on the designated
use of the waterbody (e.g., warm-water fishery, cold-water fishery, recreation) and the water
quality impairment or problem of concern. For example, multiple factors might cause
degradation of a warm-water fishery. Potential causes include changes in hydrology, elevated
nutrient concentrations, elevated sediment, and higher summer temperatures. Each of these
stressors can be measured using indicators like peak flow, flow volume, nutrient concentration
or load, sediment concentration or load, and temperature.
A specific value can be set as a target for each indicator to represent the desired conditions
that will meet the watershed goals and management objectives. Targets can be based on
water quality criteria or, where numeric water quality criteria do not exist, on data analysis,
reference conditions, literature values, or expert examination of water quality conditions to
identify values representative of conditions that support designated uses. If a total maximum
daily load (TMDL) already exists for pollutants of concern in your watershed, you should
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Table 11-3. Translating watershed goals into management objectives
Preliminary goal
Support designated uses
for aquatic life; reduce
fish kills
Reduce flood levels that
might cause water quality
problems
Restore aquatic habitat
Improve aesthetics
of lake to restore
recreational use
Restore wetland
Conserve and protect
critical habitat
Indicators
Dissolved oxygen
Phosphorus
Temperature
Peak flow volume and
velocity
Riffle-to-pool ratio,
percent fine sediment
Algal growth,
chlorophyll a
Populations of wetland-
dependant plant and
animal species; nitrogen
and phosphorus
Connectivity, areal
extent, patch size,
population health
Cause or source of impact
Elevated phosphorus
causing increased algal
growth and decreased
dissolved oxygen
Cropland runoff
Inadequate storm water
controls, inadequate road
culverts
Upland sediment erosion
and delivery, streambank
erosion, near-stream land
disturbance (e.g., livestock,
construction)
Elevated nitrogen causing
increased algal growth
Degradation of wetland
causing reduced wildlife and
plant diversity and increases
in nitrogen and phosphorus
runoff because of a lack of
wetland filtration
Potential impacts could
include loss of habitat,
changes in diversity, etc.
Management objective
Reduce phosphorus loads
from cropland runoff and
fertilizer application
Minimize flooding impacts
by improving peak and
volume controls on urban
sources and retrofitting
inadequate road culverts
Reduce sediment loads
from upland sources;
improve riparian vegetation
and limit livestock access to
stabilize streambanks
Reduce nitrogen loads to
limit algal growth
Restore wetland to
predevelopment function
to improve habitat and
increase filtration of runoff
Maintain or improve
critical habitat through
conservation easements
and other land protection
measures
review the TMDL to identify appropriate numeric targets. TMDLs are developed to meet
water quality standards, and when numeric criteria are not available, narrative criteria (e.g.,
prohibiting excess nutrients) must be used to develop numeric targets.
Because tribes are not required to base improvements on load reductions, they have the
discretion to set a wide range of water quality-based goals. Examples include the following:
D Meet state or tribal water quality standards for one or more pollutants or uses
Improve measurable water quality conditions or parameters, such as in-stream
reductions in a pollutant or improvements in a parameter that indicates stream health
(e.g., macroinvertebrate counts)
Enhance/restore fisheries
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Stabilize stream banks
D Restore ceremonial waters
Once you have selected your water quality-based goals, you can begin to think about the
techniques, also called BMPs, to meet those goals. You can find in-depth information on
various BMPs at www.waterquality.utah.gov/TMDL/Virgin_River_Watershed_Impkmentation_
Appendix.pdf.
Given the wide range of BMP choices, how do you know which ones will be right for
you? Which will give you the results you need and also be acceptable to stakeholders and
reasonably affordable? Look to see what people are already using in your area that is working,
and then determine whether something different is needed. One useful tool is the BMP
effectiveness tables in the document National BMPs to Control Nonpoint Pollution from Agriculture
available at www.epa.gov/nps/agmm. The table on page 16 of that document lists various
agricultural management practices in the left column. The other columns provide some
relative effectiveness information, for each BMP, for controlling runoff volume, phosphorus,
nitrogen, sediment, and bacteria. Tables like that one, which aggregate BMP performance, can
be used to screen various management practices and provide information on what might work
in a particular situation to reduce the effects of NFS pollution.
4. Design on /mp/ementat/on Program
Now that you have identified watershed BMPs that when implemented should meet your
objectives, it is time to develop the remaining elements of your implementation program.
Designing the implementation program generates several of the basic elements needed for
effective watershed plans:
D An information/education component to support public participation and build
management capacity related to adopted BMPs
D A schedule for implementing BMPs
D Interim milestones to determine whether BMPs are being effectively implemented
D Criteria by which to measure progress toward meeting water quality-based goals
D A monitoring component to evaluate the effectiveness of implementation efforts
D An estimate of the technical and financial resources and authorities needed to
implement the plan from both your organization and partners
D An evaluation framework
Thus, the end of this process of information gathering and analysis should yield a WBP
that you can use as a tool for the next 5 or so years. The required elements of this plan are
discussed in detail in the next section.
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5. Implement Your Plan
Although many watershed planning handbooks end with development of the plan, the
plan is just the starting point. The next step is to implement the plan in your watershed.
Implementation can begin with an information/education component or with on-the-ground
BMPs and projects that implement BMPs. The plan should prioritize which steps are the most
important so you will know where to begin.
When implementation begins, the dynamic of your watershed partnership, and stakeholders'
level of participation, might change. After the plan is completed, you need to determine how
you want to continue to operate. Implementing a watershed plan involves a variety of expertise
and skills, including project management, technical expertise, group facilitation, data analysis,
communication, and public relations. Your watershed plan implementation team should include
members who can bring such skills to the table. The BMPs you selected, the schedules and
milestones you set, the financial and technical resources you identified, and the information/
education programs you developed in the course of assembling your plan provide a road map
for implementation. Follow it. Take advantage of the partnerships you formed during plan
development to work toward efficient plan implementation.
Key implementation activities include the following:
D Ensuring technical assistance in designing and installing BMPs
D Providing training and follow-up support to landowners and other responsible parties
in operating and maintaining the BMPs
D Managing the funding mechanisms and tracking expenditures for each action and for
the project as a whole
Conducting land treatment and water quality monitoring activities and interpreting
and reporting data
D Measuring progress against schedules and milestones
D Communicating status and results to stakeholders and the public
D Coordinating implementation activities among stakeholders, among multiple
jurisdictions, and within the implementation team
To keep the implementation team energized, consider periodic field trips and site visits to
document implementation activities in addition to the necessary regular team meetings.
Other tasks associated with implementing the watershed plan include preparing work plans.
These plans will outline the implementation activities in annual or even 2- to 3-year time
frames. Think of your watershed plan as a strategic plan for long-term success. Annual grant
work plans are the specific to-do lists to achieve the vision expressed in your watershed plan.
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Think of your watershed plan as a strategic plan for long-term success.
Annual grant work plans are the specific to-do lists to achieve the vision
expressed in your watershed plan.
As you work through various tasks, share your results. Continuous communication is
essential to building the credibility of and support for the watershed implementation
process. Lack of communication can impede participation and reduce the likelihood of
successful implementation. This is especially critical if you are using a stakeholder-driven
process. Transparency of the process builds trust and confidence in the outcome. Regular
communication also helps to strengthen accountability among watershed partners by keeping
them actively engaged.
Progress and implementation results can be shared through various media formats, such as
press releases, ads in local newspapers, television or radio public service announcements, or
presentations at community meetings such as those of homeowner associations and local civic
organizations, Parent Teacher Association meetings, or other gatherings of members of the
watershed community. You could secure time on the local cable access station to discuss the
watershed plan and share monitoring results with the public. You might also consider hosting
a press conference with local officials and the stakeholders as a way to thank them for their
participation, and to inform the larger community about the plan's contents and how they can
participate in implementing the plan.
6. Measure Progress and Make Adjustments
Remember to publicize the project team's accomplishments to tribal councils or decision
makers, county commissioners, elected local and state officials, funders, watershed residents,
and other stakeholders. In Part I, you learned that 319 annual reports may include a list of
accomplishments to share with interested stakeholders. The project team might also wish to
issue a watershed report card or develop a fact sheet or brochure to highlight its successes.
Report cards let the community know whether water quality conditions are improving overall.
They also allow people to compare results across specific areas to see if things are improving,
whether some aspects seem to be connected, and whether a change in direction is needed to
bring about greater improvements. This is an effective way to build awareness of the watershed
issues and the progress of watershed plan implementation. In addition, when people see
progress, they will continue to work toward making the plan a success.
Figure II-6 demonstrates how the watershed approach is an iterative process with continual
improvement as its main goal (adapted from EPA's Handbook for Developing Watershed Plans to
Restore and Protect Our Waters, diagram 13-2).
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INPUTS
OUTPUTS
SHORT-TERM
OUTCOMES
LONG-TERM
OUTCOMES
Watershed
Plan
h
Depending on
implementatior
Secure
Resources
• Install BMPs
• Conduct I/E
• Monitor
t
• Meet financial
targets
• Meet interim
milestones
• Change
behaviors
• Meet interim
load reduction
•YES-
YES-
— NO-
• Review types of BMPs, rates at
which they were installed,
maintenance practices
• Review I/E activities, target
audiences, messages, formats,
distribution methods
• Review monitoring parameters,
sampling locations
• Review budget expenditures,
administrative functions
• NO
Note: //£ = information and education
WQS = water quality standards
Figure II-6. The iterative process of the watershed approach.
As part of developing your implementation plan, you devised a method for tracking progress.
Using that tracking system, you should review the implementation activities outlined in your
work plan, compare results with your interim milestones, provide feedback to stakeholders,
and determine whether you want to make any corrections.
In addition, you will have to analyze your monitoring data. At a minimum you should conduct
a routine summary analysis that tracks progress; assesses the quality of data relative to
measurement quality objectives (i.e., whether the data are of adequate quality to answer the
monitoring question); and provides early feedback on trends, changes, and problems in the
watershed. Routine data analysis in this context does not have to be complex or sophisticated.
The primary goals are to make sure that your monitoring effort is on track and that you get a
general sense of what's going on in the watershed.
Because many watershed activities can affect NFS loads, you should pay attention to broad
watershed land use patterns such as overall land use change (e.g., abandonment of agricultural
land, timber harvest, large urban development); changes in agriculture, such as acres
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under cultivation or animal populations; and changes in watershed population, wastewater
treatment, stormwater management, and so forth. An annual look at watershed land use is
probably enough in most cases.
If it is determined that you are not meeting the implementation milestones or interim targets
that you set for load reductions and other goals, what should you do? There are many reasons
why you might not see the results you were hoping for, and many of them are easily remedied.
Consider the following questions before making any changes to your watershed plan:
D Did weather-related causes postpone implementation?
D Was there a shortfall in anticipated funding for implementing BMPs?
Was there a shortage of technical assistance?
D Did we misjudge the amount of time needed to install some of the practices?
Did we fail to account for cultural barriers that prevented implementation?
D Are we implementing and using the BMPs correctly?
Has the weather been unusual?
D Have there been unusual events or surprises in the watershed?
D Are we doing the right things?
Are our targets reasonable?
D Are we monitoring the right parameters?
D Do we need to wait longer before we can reasonably expect to see results?
If you have ruled out all the above possibilities, you need to consider whether the plan has
called for the right BMPs. It is possible that identifying the causes and sources of pollutants
earlier in the planning process was not completely correct or that the situation has changed.
Nine Elements of a Watershed-Based Plan
As earlier mentioned, EPA has identified nine elements considered essential for WBPs.
Figure II-7 shows how the nine elements fit into the six steps in the watershed planning and
implementation cycle. Why these nine elements? Historically, implementing WBPs with these
nine minimum elements has been successful because the plans contain the right balance of
scientific input, public outreach, and long-term monitoring. Implementing an effective plan
requires tribes and other entities to address all nine elements. The components highlighted in
white in the diagram are the nine elements that EPA considers essential in an effective WBP.
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2. Characterize the Watershed
• Gather existing data and create a watershed inventory
• Identify data gaps and collect additional data if needed
• Analyze data
• Identify causes and sources of pollution that need to be controlled
• Estimate pollutant loads
3. Finalize Goals and Identify Solutions
• Set overall goals and management objectives
• Develop indicators/targets
• Determine load reductions needed
• Identify critical areas
• Develop management measures to achieve goals
4. Design an Implementation Program
• Develop implementation schedule
• Develop interim milestones to track implementation of management measures
• Develop criteria to measure progress toward meeting watershed goals
• Develop monitoring component
• Develop information/education component
• Develop evaluation process
• Identify technical and financial assistance needed to implement plan
• Assign responsibility for reviewing and revising the plan
Figure II-7. Source of the nine required elements of a Watershed-Based Plan.
Language related to these nine elements that is specific to tribes is in both the most recent
guidelines for tribes and in the annual competitive RFPs. To access these guidelines, go to
www.epa.gov/nps/tribal.
Note that the requirements established by EPA for tribes and states differ slightly. States
are required to estimate pollutant loads and set load reductions. Tribes have the option of
estimating pollutant loads and associated reductions or basing their plans on water quality-
based goals. EPA has incorporated this flexibility for tribes recognizing that not all tribes
have yet developed water quality standards, and many tribes might need additional time
or technical assistance to develop more sophisticated estimates of the NFS pollutants that
need to be addressed. However, EPA encourages tribes to develop load reductions where that
information is available.
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For easy reference, the following is the exact language describing the nine essential elements
of WBPs, taken from the most recent EPA guidance document at the time of printing.
a. An identification of the causes and sources or groups of similar sources that will need to
be controlled to achieve the goal identified in element (c) below. Sources that need to be
controlled should be identified at the significant subcategory level with estimates of the
extent to which they are present in the watershed (e.g., X number of dairy cattle feedlots
needing upgrading, including a rough estimate of the number of cattle per facility; Y acres of
row crops needing improved nutrient management or sediment control; or Z linear miles of
eroded streambank needing remediation).
b. A description of the NFS BMPs that will need to be implemented to achieve a water quality-
based goal described in element (c) below, as well as to achieve other watershed goals
identified in the watershed-based plan, and an identification (using a map or a description) of
the critical areas for which those measures will be needed to implement the plan.
c. An estimate of the water quality-based goals expected to be achieved by implementing
the measures described in element (b) above. To the extent possible, estimates should
identify specific water quality-based goals, which may incorporate, for example: load
reductions; water quality standards for one or more pollutants/uses; NFS total maximum
daily load allocations; measurable, in-stream reductions in a pollutant; or improvements in a
parameter that indicates stream health (e.g., increases in fish or macroinvertebrate counts).
If information is not available to make specific estimates, water quality-based goals may
include narrative descriptions and best professional judgment based on existing information.
d. An estimate of the amounts of technical and financial assistance needed, associated costs,
and/or the sources and authorities that will be relied upon to implement the plan. As
sources of funding, Tribes should consider other relevant Federal, State, local and private
funds that may be available to assist in implementing the plan.
e. An information and education component that will be used to enhance public understanding
and encourage early and continued participation in selecting, designing, and implementing
the NFS BMPs that will be implemented.
f. A schedule for implementing the NFS BMPs identified in the plan that is reasonably
expeditious.
g. A description of interim, measurable milestones for determining whether NPS BMPs or
other control actions are being implemented.
h. A set of criteria that can be used to determine whether the water quality-based goals are
being achieved over time and substantial progress is being made towards attaining water
quality-based goals and, if not, the criteria for determining whether the watershed-based
plan needs to be revised.
i. A monitoring component to evaluate the effectiveness of the implementation efforts over
time, measured against the criteria established under element (h) above.
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Remember, each of the nine elements contained in your watershed plan comes from one of the
six steps of watershed planning and implementation discussed above. Some of the elements
are stepwise and others you do not need to do in order. The key is to have them all in your
WBP. Also, if you are working on NFS programs, many of those elements are things you
are already doing. You do not have to reinvent the wheel. Borrow as much as you can from
existing documents. For example, you probably are already monitoring, and you already have
set milestones, but you might not yet have a formalized education and outreach program.
Many of the elements include pieces that you are most likely already undertaking for other
programs when you embark on a 319 project. The remainder of this section takes a close look
at each of the nine elements and offers examples for the reader.
The goal of this section is to demonstrate that WBPs are worth the effort and that resources
exist to help tribes successfully develop and implement them. In addition, EPA encourages
tribes to develop partnerships both within the tribe and beyond, in the name of making real,
positive changes to their water quality.
Element a. An identification of the causes and sources or groups of
" similar sources that will need to be controlled
For the first of the nine elements, you will need to identify the causes and sources of pollutants
or groups of similar sources that you will aim to control to achieve load reductions, and any
other water quality goals identified in the watershed plan. As you work through step 1 of the six
steps of the watershed planning and implementation process, assembling existing and possibly
new data and conducting analyses on your data, you will be working toward this element. Such
an analysis will evaluate spatially (e.g., where are the problems?) and temporally (e.g., are the
impacts seasonal?). What other trends and patterns, such as land use activities, are occurring?
Perhaps at the beginning of the process, you will be aware of only the broadest categories
of NFS pollution that might be responsible for your water impairments—urban runoff,
silviculture, construction, or agriculture, for example. At the end of the process, you will able
to go beyond the basic categories and state with some certainty that your impairments can be
traced to pastureland, rangeland, feedlots, irrigated crop production, forest management, or
land development. All these are examples of subcategories of NFS pollution.
But how might you arrive at not only knowing what the pollutants are (the causes) but also
where the pollutants are from (the sources)! The idea is to start with the basics and work your
way to specifics. Are you aware of cattle having access to the stream? Is a major construction
project going on? Have you seen fish kills in certain tributaries of the waterway? In the initial
stages of watershed planning, many of the links might not be thoroughly understood; they
will more likely be educated guesses that generate further analyses to determine validity. The
key in this step is to work with stakeholders to gather enough information that you can begin
to make some educated guesses about where the problems are coming from. Table II-4 lists
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some of the most common stressors, or pollutants, experienced in watersheds and the likely
sources for those stressors. As you would expect, they include some of the most common
problems: nutrients, sediment, pathogens, and the like. If you have done an NFS assessment
report, this information is already available for reservation waters.
Table 11-4. Common pollutant types and sources found
in watersheds
Stressors
Sediment
Nutrients
Bacteria
Sources
Row crop land
Timber harvest areas
Eroding stream banks Construction
Livestock feeding areas
Fertilized cropland
Septic systems
Livestock feeding areas
Septic systems
Geese and other wildlife
As you move through the watershed planning process, it is often useful to diagram the links
and to present them as a picture or as a conceptual model (see Figure II-8). These diagrams
provide a graphic representation that you can present to stakeholders, helping to guide the
subsequent planning process. In many cases, there will be more than one pathway of cause
and effect. You can also present that concept to stakeholders verbally, as "if..., then..." links.
For example, "If the area of impervious surface is increased, flows to streams will increase.
If flows to streams increase, the channels will become more unstable." Or, in the simplified
conceptual model below, if forest is converted to crop land, more sediment will become
available and wash into the river.
The conceptual model can be used to start identifying relationships between the possible
causes and sources of impacts seen in the watershed. You do not have to wait until you have
collected additional information. In fact, the conceptual model can help identify what types
of data you need to collect as part of the characterization process. You will want to make sure
that as part of the characterization process you take a trip with the stakeholders for a visual
inspection of the waterway. Take pictures and document what you see.
It is critical to go through the process of identifying causes and sources to the best of your
ability for a few reasons:
D To increase confidence that costly remedial or restoration efforts are targeted at factors
that can truly improve biological condition
D To identify causal relationships that are otherwise not immediately apparent
D To prevent biases or lapses of logic that might not be apparent until a formal method is
applied
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Simplified Conceptual Model
Source
Row crop land
Stressor
Sediment
Impact
Siltation
Impairment f Biota impairment
Figure II-8. Simplified conceptual model.
Figure II-9 demonstrates how this deductive
process fits into the overall planning and
implementation program and illustrates the
importance of this step to the overall result.
For a detailed description of the stressor
identification process, see EPA's Stressor
Identification Guidance Document (www.epa.gov/
waterscience/biocriteria/stressors/stressorid.
html). In addition, two stressor identification
modules originally developed as part of EPA's
2003 National Biocriteria Workshop are
available online. The SI 101 course contains
several presentations on the principles of the
stressor identification process: www.epa.gov/
waterscience/biocriteria/modules/#sil01.
Detect or Suspect Biological Impairment
LIST CANDIDATE CAUSES
CHARACTERIZE CAUSES
MANAGEMENT ACTION:
Eliminate or Control Causes;
Monitor Results
Biological Condition Restored or Protected
Figure II-9. Role of deductive process in program
planning and implementation.
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Example: Identification of Causes and Sources (JST 2007):
Causes and sources of pollution in the Dungeness Watershed area include most of the
eight major categories of nonpoint source pollution in the waterways of the United
States identified by the Environmental Protection Agency: Agriculture; Forestry;
Hydromodification/Habitat Alteration; Marinas and Boating; Roads, Highways and
Bridges; Urbanization; and Wetland/Riparian Management; with subcategories specific to
each. Of the EPA's major categories, all but one (mining) are relevant to the Dungeness
Watershed. The history of collaborative watershed planning in the Dungeness region has
resulted in an extensive collection of data regarding the sources and trends of pollution
in each of these categories.
The Agriculture category in EPA's nonpoint source classification system contains three
sub-categories relevant to the Dungeness watershed: irrigated crop production, animal
operations, and aquaculture. Of the three, animal operations present the most significant
risk to water quality and human health in the Dungeness Watershed. The Clallam
Conservation District conducted a comprehensive farm inventory in 2006 utilizing air
photos and visual inspection of farms from the road. Of the 125 farms in Clallam County
that were rated as having a medium or high potential to impact surface water quality, 23
were located in the Dungeness drainage covering 495 acres.
Element h Description of NFS BMPs to achieve water
' quality-based goals
Once you have identified the causes and stressors, you can select the optimal ways to address
the problems. BMPs can be structural, such as silt fences, or nonstructural, such as changing
grazing patterns.
It is critical that your BMPs correspond to the sources of your impairments and that they are
measurable. Specify where in the watershed they will be placed, and carefully consider access
to property and other factors when you determine the locale of your BMPs. For example, your
plan might say that BMPs will be implemented "on all abandoned mine sites with dry-weather
flows" or "on all stream banks along upper reaches" or "on all livestock facilities on Willow
Run." A map will be very useful in demonstrating where BMPs will be used or installed and
relocated, if possible.
What does it mean to say that BMPs should be linked to (or otherwise address) stressors and
sources? It means that water quality goals or estimates for pollutant removal rates should be included
in your BMP design. If you are not estimating load reductions, these can be based on typical
ranges, i.e., percentage removed or treated and other reasonable estimates.
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So how do you select the best BMPs for your site? Select BMPs that
make sense for solving the problem you have identified at your
location. There are numerous resources to draw on in determining
which BMPs will achieve the best results for the site, stressors
present, and sources identified. The cover of one popular source,
EPA's National Management Measures for the Control of Nonpoint
Pollution from Agriculture is featured to the right. On the Web
site www.epa.gov/nps/pubs.html there are also manuals for
hydromodification control BMPs, urban area BMPs, BMPs for
restoring wetlands, and much more (see direct links in Table II-5).
Nearly all the resources you need are on the Internet. Both EPA
and USDA have comprehensive BMP manuals that are available
online. Another excellent source of BMP information, including
photos, are at www.waterquality.utah.gov/TMDL/Virgin_River_
Watershed_Implementation_Appendix.pdf. Many other states
also have information on BMPs.
Table 11-5. Online resources for BMPs
BMP technical area
Agriculture
Forestry
Hydromodification
Marinas and recreational boating
Urban areas
Wetlands and riparian restoration
Coastal waters
Online resource
www.epa.govlnpslagmm
www.epo.gov/nps/forestrymgmt
www.epo.gov/nps/hydromod
www.epo.gov/nps/mmsp
www.epo.gov/nps/orbonmm
www.epo.gov/nps/wetmeosores
www.epo.gov/nps/A1A1G/
It is often recommended that you evaluate which BMPs to use by ranking them. Take a look
at the BMPs that exist for your subcategory of sources of NFS pollution, and then narrow
the list down from many to a few until you find the ones that have the right combination of
effectiveness and ease of utility for your particular site. Consider factors like those listed below
when selecting BMPs:
Importance of waterbody: Is it a drinking water source or a cultural or recreational
resource?
D Magnitude of impairment(s)
Level of effort needed
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Handbook for Developing and Managing Tribal Nonpoint Source Pollution Programs Under Section 3/9 of the Clean Water Act
D Existing loads (causes and sources)
Magnitude, spatial variation, clustering
Ability of BMPs to reduce loads
D Certainty of success of your BMP
Feasibility of implementation: Do you have willing partners? Public support? Is the
landowner willing to do this?
D Additional benefits, recreational enhancements, demonstration
Another tool that can be useful for selecting your BMPs is a BMP Effectiveness Table. Shown
below (Table II-6) is one of the BMP effectiveness tables in the agricultural BMPs document
described above and posted on EPAs Web site. It lists various agricultural management
practices in the left column. The other columns provide some relative effectiveness
information for each BMP (as an individual unit) for controlling runoff volume, phosphorus,
nitrogen, sediment, and bacteria. Tables like that, which aggregate BMP performance, can
be used to screen various management practices and to provide information on what might
work in a particular situation to reduce effects of agricultural operations. Remember that they
are estimates per unit and that actual effectiveness on the ground will be determined by the
effectiveness of placement and operation of all the BMP units collectively. Nevertheless, tables
like this one offer examples of the effectiveness of certain BMPs (called Practice Category in
the example below) on reducing total phosphorus, total nitrogen, sediment, and fecal coliform.
Information like that can help you visualize which BMP might be the most effective; however,
you must still weigh other factors and determine what is right for your program.
Table 11-6. Example of a BMP effectiveness table
Practice"
Category
Runoff
Volume
Total"
Phosphorus
Total"
Nitrogen
Sediment
Fecal
Coliform
Animal Waste reduced 90
Systems6
Diversion Systems' reduced 70
Filter Strips9 reduced 85
Terrace System reduced 85
Containment reduced 60
Structures11
80
45
NA
55
65
60
NA
60
80
70
85
NA
55
NA
90
NA = not available.
a Actual effectiveness depends on site-specific conditions. Values are not cumulative between practice categories.
b Each category includes several specific types of practices.
d Total phosphorus includes total and dissolved phosphorus; total nitrogen includes organic-N, ammonia-N, and
nitrate-N.
B Includes methods for collecting, storing, and disposing of runoff and process-generated wastewater.
' Specific practices include diversion of uncontaminated water from confinement facilities.
9 Includes all practices that reduce contaminant losses using vegetative control measures.
h Includes such practices as waste storage ponds, waste storage structures, waste treatment lagoons.
Source: www.epa.gov/nps/agmm
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Handbook for Developing and Managing Tribal Nonpoint Source Pollution Programs Under Section 3/9 of the Clean Water Act
A key point to keep in mind: See what groups are already doing in your watershed. Maybe
they are doing something that is working well already. Once you have reviewed ongoing
activities, take a look at those online references. You will want to be familiar with what
activities are already underway before embarking on resource-intensive projects. Also
remember to always consider:
D What is essential to achieving objectives?
D Which options do the stakeholders prefer?
D Which options have greatest chance for long-term success and sustainability?
Not every BMP will be right for everybody. Consider the unique factors in your watershed and
choose accordingly.
Example: BMP Table (JST 2007)
The following table illustrates the activities that the Jamestown S'Klallam Tribe will
undertake to implement its BMPs:
Table 11-7. Summary of NPS management measures in the strategy and
implementation plan (adapted from Streeter and Hempleman 2004)
General strategies
Identified actions
Strategies to Address Human Waste
Expansion of septics operation and
maintenance programs
Purchase of land and conservation
easements in sensitive areas.
Conversion to community systems
where appropriate
Landowner Education
Assessment and monitoring
Inspect septics of concern
Followup repair, replacement
River's End area targeted for restoration due to septic failures
and critical salmon habitat.
Land/easement purchase, building demolition, septic removal.
Identified areas are 3 Crabs Road, Golden Sands
Development, Carlsborg
Feasibility, design, implementation
Septics 101 class on basic septic system maintenance.
School water quality curriculum
Talks and displays at River Center, displays at area festivals and
events
Stormwater Management
Sub-area plans for Stormwater
management
Focus areas are Marine Drive, 3 Crabs Area
Restoration of hydrological function in Meadowbrook Creek
Capital facilities, retrofits, standards for new development,
and basic BMPs based on soil characteristics, topography, and
development patterns.
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Handbook for Developing and Managing Tribal Nonpoint Source Pollution Programs Under Section 3/9 of the Clean Water Act
Table 11-7. Summary of NPS management measures in the strategy and
implementation plan (adapted from Streeter and Hempleman 2004) (continued)
General strategies
Low Impact Development
Identified actions
CCD stormwater management manual for small-scale
development (rural residential) in progress. The manual
includes a series of pre-engineered stormwater management
practices for builders, developers and citizens which can be
installed without the aid of an engineer.
The North Peninsula Builders Association has developed a
Built Green Checklist
Landowner education.
Agriculture and Livestock Waste
Treatment of irrigation ditch tailwaters
Ditch piping
Individual conservation plans and BMPs
Outreach and education
Enforcement
Pilot projects completed, biofiltration, constructed wetlands.
Marine Drive specifically identified for treatment.
Reduction of bacterial contamination through piping of open
ditches, based on priorities identified in CCD monitoring
CCD activities based on 2006 farm inventory.
Workshops and presentations
Brochures such as "Living on a Ditch"
Web page information
WA Dept of Ecology per MOU with Clallam County and
Clallam Conservation District
Domestic Animals and Pet Waste
Public outreach
Installation of pet waste stations
Cleanup
Waste disposal information via brochures, advertisements and
presentations; signage
Areas of high pet use adjacent to surface waters
Coordination of volunteer cleanup crews
Regulatory and Policy Approaches
Stormwater ordinance or designation
of stormwater sensitive areas
Critical Areas
Review development regulations
Establish Tribal regulations
Revisions to draft; proceed to adoption (Clallam County)
Update maps and regulatory constraints per Federal ESA
listings and WA Legislature action
Encourage use of LID, remove disincentives.
Adopt ordinances to regulate activities on Tribal reservation/
trust lands
Research and Monitoring
Freshwater
Develop overall freshwater monitoring for wet season/storm
events for streams, ditches
Continued fresh water monitoring
BMP effectiveness monitoring
Data analysis of monitoring
Microbial source identification
Streamkeeper voluntary monitoring program
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Handbook for Developing and Managing Tribal Nonpoint Source Pollution Programs Under Section 3/9 of the Clean Water Act
Table 11-7. Summary of NPS management measures in the strategy and
implementation plan (adapted from Streeter and Hempleman 2004) (continued)
General strategies
Marine and estuarine areas
General
Identified actions
Continued marine monitoring
Beach and Beachwatcher voluntary monitoring programs
Microbial source identification
Additional research on Dungeness Bay (basic ecological
studies, nutrients, circulation, fecal coliform assessment in
water and sediment, wildlife usage)
Feasibility for remediation of Meadowbrook/Cooper/
Matriotti/Gierin creek estuaries
Marine shoreline soft armoring techniques
Analysis of impervious surfaces
GIS analysis, map fecal nutrient and temporal trends
Education and Outreach
General outreach
Public workshops
Newspaper reports
Continuation of school age water quality classes and field trips
Displays and activities in booths, fairs and festivals
Permanent displays at River Center
Web pages at Tribe and River Center
Element c. An estimate of water quality-based goals expected
' to be achieved
Now that you have selected what you consider to be the best BMPs to address your issues in
an acceptable, feasible, and efficient manner, what kinds of results do you expect to see?
States typically think of load reductions in terms of setting goals. A load estimate tells you how
much of each pollutant, such as sediment, phosphorus, or nitrogen, is being loaded into the
waterbody by each group of sources, such as row crops or forest roads. Usually this is done
using computer modeling programs. That information is used to determine by how much each
pollutant type entering the waterbody must be reduced.
Tribes are not required to comply with the load estimation aspects of the nine elements.
Therefore, for tribes that do not choose to go the route of estimating or quantifying pollutant
loads, the process is somewhat different. After identifying causes and sources of the stressors,
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Handbook for Developing and Managing Tribal Nonpoint Source Pollution Programs Under Section 3/9 of the Clean Water Act
instead of estimating loads, tribes are required to produce an estimate of their water quality-
based goals (quantitatively or narratively). These can be defined as the following:
D Load reductions
D Water quality standards for one or more pollutants/uses
NFS TMDL allocations
Measurable, in-stream reductions in a pollutant
D Improvements in a parameter that indicates stream health (e.g., increases in fish or
macroinvertebrate counts, habitat improvements)
If information is not available to make specific estimates, water quality-based goals may
include narrative descriptions and best professional judgment based on existing information.
When you are setting goals and identifying solutions, you will need to tell EPA what you want
to achieve, where it is that you want to achieve it (your critical areas), and how you want to do
so (your BMPs).
To summarize, in the last section you identified stressors and sources to be controlled and
estimated how much of your pollutant of concern was entering a selected waterbody. Once
you have identified your particular stressors, you can check what the water quality-based goals
for those pollutants are. These can be general goals, such as reducing the amount of sediments
in a portion of the waterway, or specific load reductions if available. The next step is to match
the right BMPs to mitigate the problems and to prioritize your critical areas.
Example from Karuk Tribe, Department of Natural Resources
Eco-Cultural Resources Management Plan (KT 2006)
The Karuk Tribe desires the implementation of methods to limit and/or mitigate for the
sediment transport or delivery of materials which degrade water quality and fisheries
habitat. Where feasible, areas contaminated with mercury or other toxins should be
located, decontaminated, and restored. Additionally, inactive mines should be properly
contained to prevent off-site transport of material or contamination of ground and
surface waters. Limit the used of suction dredging in rivers and creeks at times that
threaten fisheries or water quality.
There is also a need to restore hydraulic mine areas in many instances, these areas are
directly adjacent to watercourses. These areas do not maintain a significant vegetation
component and subsequently can contribute to excess heating of adjacent streams.
Objectives:
Implement restoration measures that mitigate damaged areas affected by past hydrologic
mining to minimize soil erosion, reconfigure topographic contours and drainage,
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Handbook for Developing and Managing Tribal Nonpoint Source Pollution Programs Under Section 3/9 of the Clean Water Act
and manage vegetation to enhance the structure and composition to accommodate
natural processes (fire, hydrologic connectivity, and nutrient cycling). Remove and/or
reduce the presence of toxins such as mercury, sulfuric acid and cyanide in sediment
deposits and watercourses. Monitor and reduce the effects and activities associated
with suction dredge mining along the Klamath and Salmon River watersheds. Inventory
rock sources and mitigate for erosion potential and off site sediment delivery. Develop
economically and environmentally low impact methods of aggregate removal to supply
for local upgrade, maintenance and restoration activities. Work with Federal, State, and
County Agencies, and community groups to ensure cultural/natural resource protection
measures are adequate and in place.
Element d. An estimate of the amounts of technical and financial
' assistance needed, associated costs needed to
implement your plan
A critical factor in turning your watershed plan into action is the ability to fund
implementation. Funding is needed for all the activities in the WBP, such as management
practice installation, information and education activities, monitoring, and administrative
support. In addition, you should document the types of technical assistance needed to
implement the plan and the resources or authorities that will be relied on for implementation,
in terms of both initial adoption and long-term operation and maintenance (O&M). For
example, if you have identified adoption of tribal ordinances as a management tool to meet
your water quality goals, you should involve the local authorities that are responsible for
developing those ordinances and outline their short-term and long-term roles.
The estimate of financial and technical assistance
should take into account the following:
D Administration and management services,
including salaries, regulatory fees, and
supplies, as well as in-kind services efforts
such as the work of volunteers and the
donating of facility use
D Information/education efforts
D The installation, operation, and
maintenance of BMPs
Monitoring, data analysis, and data
management activities
ffil'ftg** ;/>.>£?&•, -^
Haaku Water Office restoration project near Sky City,
Acoma Pueblo.
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Handbook for Developing and Managing Tribal Nonpoint Source Pollution Programs Under Section 3/9 of the Clean Water Act
Some of the costs of implementing your watershed plan can be defrayed by leveraging existing
efforts and seeking in-kind services. Some examples follow.
Use existing data sources. Most geographic areas have some associated background spatial
data in the public domain, such as digital elevation models, stream coverages, water quality
monitoring data, and land cover data. Note that the EPA Quality System (EPAQA/G-5;
www.epa.gov/quality) recommends that a QAPP be prepared for using existing data and for
collecting new data.
Use existing studies. Many agencies have reports of previous analyses, providing useful baseline
information and data, such as delineated subwatersheds or a historical stream monitoring
record. The analyses might have been done for another purpose, such as a study on fish health
in a stream, but they can contribute to an understanding of the background of the current
concerns.
Use partnerships. State, county, or federal agencies working as technical assistance providers
and implementing natural resource program initiatives can offer computer services and
expertise, such as performing GIS analysis or weaving together elements of different programs
that might apply to the local area. They might be in a position to write part of the overall
watershed plan if they have existing generalized watershed characterization studies.
Cover incidental/miscellaneous costs through contributions. For example, staff time to assemble
needed elements, supplies, and meeting rooms for a stakeholder or scoping meeting can all
be donated. As a start, refer back to the checklist you compiled from your stakeholder group
earlier to determine what resources are available in the group.
Locating Federal Funding
For a complete list of federal funding
sources, visit the Catalog of Federal
Domestic Assistance (www.cfda.gov). That
Web site provides access to a database
of all federal programs available.
Also visit www.epa.gov/watershedfunding
to view the Catalog of Federal Funding
Sources for Watershed Protection. That
interactive Web site helps match
watershed project needs with funding
sources.
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Handbook for Developing and Managing Tribal Nonpoint Source Pollution Programs Under Section 3/9 of the Clean Water Act
Example: Excerpt from the Dungeness WBP Estimated Budget
(JST 2007)
Table 11-8. Overview of estimated costs
Notes on this table: Cost estimates are organized by Tribal sub-goal and were obtained from a variety of
sources including the Tribal NPS Management Plan, Clean Water Strategy/DIP, Comprehensive Irrigation
Water Conservation Plan, Salmon Recovery Plan, and partner organizations such as Clallam Conservation
District and Dungeness River Audubon Center. Some estimates represent ongoing program costs, while
others are one-time project costs, thus they have not been added together to present a total annual or S-year
estimate. Where appropriate, the estimates have been separated for Tribal and partner NFS programs.
Activities by tribal goal
Estimated
costs
Time
frame
Comments
Funding
sources
WATER QUALITY MANAGEMENT MEASURES
Tribal NPS Programs
Staff and office supplies
to oversee monitoring of
water and shellfish, septic
programs, stormwater planning,
revegetation and other BMPs for
protecting and improving water
quality. 4.75 FTE
Projects for channel restoration,
stormwater facilities,
revegetation, agriculture BMPs,
septic remediation
Public education programs
Monitoring supplies,
transportation, laboratory costs
Land acquisition where other
water quality remediation is not
feasible (acquisition and removal
of structures and septic systems)
$522,000
$325,000
$30,000
$30,000
$250,000
annual
costs,
ongoing
annual
costs,
5 year
plan
annual,
ongoing
annual,
ongoing
2-10
years
details in Tribal
NPS plan;
includes staff,
office supplies,
travel, training,
overhead, and
engineering/
tech
consultation
project
construction
costs
EPA, BIA/
OSG, Ecology,
WDFW, Tribal
Funds
EPA, Ecology,
Foundations
EPA, BIA-
OSG, Ecology,
WDFW, Tribal
Funds
Land and Water
Conservation
Fund, RCFB,
Private
Partner NPS Programs
Clean Water Strategy
Ongoing actions for septic
inspection and education
programs, public outreach,
stormwater planning, livestock
plans, monitoring, streamkeepers
$2,900,000
5 years
Clean Water
Strategy/DIP
has detailed
breakout
Centennial
Fund, EPA,
Special
Assessments,
County Fees,
WRIA 18
implementation
funds, other
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Handbook for Developing and Managing Tribal Nonpoint Source Pollution Programs Under Section 3/9 of the Clean Water Act
Element e. An information and education component that will be
' used to enhance public understanding
An important aspect of pollution prevention is to think ahead and make people aware of their
impacts on water quality. When people are made aware of the consequences of their actions,
they might start to think about what they can do to mitigate their impacts. The best way to go
about raising awareness is to implement a public outreach, education, and involvement plan.
The information discussed in this section is from the River Network's Training for Watershed
Trainers, Communications Planning Session, December 2007 (www.rivernetwork.org).
An outreach, education, and involvement plan will help you and your
organization educate people on water quality concerns in your area and
their effects on declining water quality. Many people might not realize
that their actions can affect water quality. For example, allowing cattle
to graze along a nearby spring can cause E. coli contamination, and
driving across a stream to collect plants for medicinal purposes can
cause sedimentation in the stream.
An outreach and education plan can also be used to give the public
a heads-up about upcoming NFS projects that they will be seeing
throughout the reservation or watershed. If a passer-by sees a fencing
project being implemented at a popular fishing spot, he is more likely to
respond positively to the project if he already knows about it.
Before developing an outreach plan, ask yourself the following questions:
D What do we have? For example, polluted runoff in waterways from unrestricted
livestock grazing.
D What do we want to change? For example, less runoff equals cleaner water quality.
D What is on our wish list? For example, raise awareness to change actions and practices.
What is our budget? How much money do we have? (Be realistic.)
D What are our communication goals? For example, use mailings, attend public
meetings, and have a booth at the Environmental Department Annual Earth Day Fair.
• Audience Development
An important part of your audience is the stakeholders. A stakeholder is a group or individual
who has the responsibility for implementing the decision, is affected by the decision, or has
the ability to impede or assist in implementing the decision. Stakeholders are an important
part of the audience because you want to ensure that their concerns are factored into the
decisions made to address water quality pollution. In addition, they have the ability to impede
the effectiveness of any projects carried out if their concerns are not considered.
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Once you have determined your outreach plan, focus on a segment of your targeted
audience. Ask yourself these questions:
D Who needs to hear your message?
D Who has influence over your targets?
Then get to know your audience by listening to them. Invite a select group of people fro
your targeted audience, such as elders or tribal council members, to a meeting or a dinn
Also, use this opportunity to ask if they have their own priorities and issues and see if
you can meet somewhere in the middle.
Message Development
Next, develop your message using feedback from your stakeholder group and use one of four
ingredients of a good message: value, barrier, ask, or vision.
Value For example, a tribal elder reminisces about how long ago as a little boy he used
to swim at a nearby swimming hole with his grandfather, but now he cannot
swim with his grandchildren because the water is so dirty. The poor water
quality is from cattle overgrazing at the swimming hole and lack of vegetation
and shade around the swimming hole. The water quality has declined because
of high water temperature from lack of shade and high levels of fecal coliform
bacteria from cattle. The value message helps the audience to relate and care
about the issue because it touches on a family value.
Barrier For example, a tribal elder reminisces about how long ago as a little boy he used
to swim at a nearby swimming hole with his grandfather, but now he cannot
swim with his grandchildren because cattle waste has rendered it too dirty. The
barrier message helps the audience relate and realize that something can be done
about it.
Ask For example, a tribal elder reminisces about how long ago as a little boy he used
to swim at a nearby swimming hole with his grandfather, but now he cannot
swim with his grandchildren because cattle waste has contaminated the water.
The tribal elder asks the audience, "Wouldn't you want your grandchildren to
stop playing video games at home and go out and spend some time swimming
with you?" The ask message helps the audience to start thinking about what can
be done to fix this problem and what the positive effects could be.
Vision For example, a tribal elder reminisces about how long ago as a little boy he used
to swim at a nearby swimming hole with his grandfather, but now he cannot
swim there with his grandchildren because the cattle that use the swimming
hole for drinking leave the water too dirty for swimming. He imagines how it
would be fun to teach his grandchildren how to swim and to be there when
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Handbook for Developing and Managing Tribal Nonpoint Source Pollution Programs Under Section 3/9 of the Clean Water Act
they start to swim on their own. The vision message helps the audience clearly
envision what it would be like to have clean water again.
When you develop a message to use in your outreach activities, remember to use words your
targeted audience will understand. Avoid using technical terms. For example, not many people
know what nonpoint source pollution means, so use polluted runoff m your message instead.
• Delivering Your Message
After you have developed your message, you will want to practice it. Meet with a couple
people from your stakeholder group and ask them to listen for the following when you practice
your message:
Content: Is it relevant to them?
D Words used: Are they able to understand?
D Engagement: Are you captivating their interest?
D Impact or pressure: Is the amount just right or too much pressure?
D Organization: Does your message make sense?
D Timing: Is it too long or too short?
Now that you have developed your message and know your audience, you are ready to deliver
your message. Many methods to deliver your message are available. Develop brochures, fact
sheets, and door-to-door materials to be used for in-person outreach such as fairs, events,
hands-on demonstration projects, school presentations, tribal council presentations, and
public tours of project sites. Media resources—Web site postings, newsletters, articles in the
newspaper, and radio spots—can also be used as methods of delivering your message. If one
method does not work, use another until you find something that works.
Where to Get More Help on Information/Education
Activities
For more information on planning and implementing outreach
campaigns, refer to EPAs Getting in Step: A Guide for Conducting Watershed
Outreach Campaigns. This comprehensive guide will walk you through
the six critical steps of outreach—defining your goals and objectives,
identifying your target audience, developing appropriate messages,
selecting materials and activities, distributing the messages, and
conducting evaluation at each step of the way. You can download the
guide at www.epa.gov/owow/watershed/outreach/documents/getnstep.pdf
or order it by calling 1-800-490-9198.
Ask for publication number EPA 841-B-03-002.
A Guide for
Conducting
Watershed
Outreach
Campaigns
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Handbook for Developing and Managing Tribal Nonpoint Source Pollution Programs Under Section 3/9 of the Clean Water Act
Don't Reinvent the Wheel
EPA has developed a Nonpoint Source Outreach Digital
Toolbox, which provides information, tools, and a
catalog of more than 700 outreach materials that
state, tribal, and local agencies and organizations
can use to launch their own NFS pollution
outreach campaigns. The toolbox focuses on six
NFS categories: stormwater, household hazardous
waste, septic systems, lawn care, pet care, and
automotive care, with messages geared to urban
and rural settings. Outreach products include
mass-media materials, such as print ads, radio and
television public service announcements, and a
variety of materials for billboards, signage, kiosks,
posters, movie theater slides, brochures, factsheets, and everyday object giveaways that help
to raise awareness and promote non-polluting behaviors. The outreach products can be easily
modified for use in raising awareness about other NFS categories not discussed here. The
toolbox is available online and as a CD at www.epa.gov/npsltoolbox.
Example: Karuk Tribe's Plan (KT 2006)
Environmental Education has been very important to the Karuk Tribe since program
inception. Environmental Education projects serve to inform Tribal and local community
members about the Department's mission. Projects such as Fall Salmon Spawning
Surveys, during which students collect data that is used by the California Department
of Fish and Game, not only give these students hands-on training, but encourage a
deeper appreciation of natural resources and ecological processes. The Department's
Environmental Education Program provides opportunities for people to correlate
current science with traditional knowledge and cultural practices.
Objectives:
Instill in students and adults a life-long desire to learn about and care for their
environment. Provide opportunities for youth to learn from Tribal elders about
traditional Karuk land and resource management practices. Work with local schools,
agencies, organizations, community groups and Tribal members to enrich student and
adult knowledge of local environmental and watershed issues to ensure protection of
cultural/natural resources. Implement and assist with projects on recycling, community
gardening, salmonid spawning and habitat needs, ethnobotany, and other relevant
environmental issues to teach students to be good stewards of their local resources and
ecological processes. Train students and adults to put their knowledge into practice by
providing hands-on activities both in classrooms and outdoors.
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Handbook for Developing and Managing Tribal Nonpoint Source Pollution Programs Under Section 3/9 of the Clean Water Act
Element f. A schedule for implementing the NFS BMPs identified
' in the plan that is reasonably expeditious
The schedule component of a watershed plan involves turning goals and objectives into
specific tasks. The schedule should include a timeline showing when each phase of the step
will be implemented and accomplished, as well as the agency/organization responsible for
implementing the activity. In addition, the schedule should be broken down into increments
that you can reasonably track and review. For example, the time frame for implementing tasks
can be divided into quarters. You will prepare more detailed schedules as part of your annual
work plans.
In developing schedules, it helps to obtain the input of those who have had previous
experience in applying the recommended actions. Locate experienced resource agency staff
and previous management practice project managers where possible to identify the key steps.
Be sure to note sequence or timing issues that need to be coordinated to keep tasks on track.
For example, your project might require applying for permits, which should be accounted
for in the implementation schedule. As part of your implementation program, you should
set some criteria by which to determine whether you are achieving load reductions or water
quality goals over time and making progress toward meeting your overall watershed goals.
These criteria can also support an adaptive management approach by providing mechanisms
by which to reevaluate implementation plans if you are not making substantial progress
toward meeting your watershed goals.
Valley Point #12
Valley highwall #3
Kanes Creek South site 1
Sandy Run Highwall, Portals
Kanes Creek South site 3
Morgan Mine Road AMD
Dalton
Burke Road mine drain
Dillan Creek #1 "
Methany mine drainage
Glady Run
Beulah Chapel
Hartman Run Mine Drainage
Hartman Run Mine Drainage II
2.0°^ T.O0'' 7.0°* 7.0°^ 7.0^° 7.0^ 7.0^"
^^^HI 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
i ^^^n
i i v iiiiiiiiii
i ^^^^^^^H i tiii
i ^^^^^^^11 iiii
i i
i i
CH Monitoring
CH Planning
• Construction
an Post construction
Figure 11-10. Implementation schedule for high-priority AMD sources.
Source: Watershed Based Plan for the Deckers Creek Watershed, Preston and Monongalia Counties,
West Virginia, August 2006.
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Element g. A description of interim, measurable milestones for
' determining whether NFS BMPs or other control
actions are being implemented
One means of supporting detailed scheduling and task tracking is to identify interim,
measurable milestones for determining whether management practices or other control actions
are being implemented. What do you want to accomplish by when? It usually helps to think of
milestones in terms of relevant time scales. For example:
D Short-term (1 to 2 years)
D Mid-term (2 to 5 years)
D Long-term (5 to 10 years or longer)
It is also helpful to think of the milestones as subtasks, or what needs to be accomplished over
time to fully implement the practice or BMP. When determining time scales and subtasks for
actions, milestones should be placed in the context of the implementation strategy. Given the
selected practices and the available funds or time frame for obtaining grants, estimate what
can be accomplished by when.
First, outline the subtasks involved and the level of effort associated with each to establish a
baseline for time estimates. Next, identify the responsible parties associated with the steps so
that you can collectively discuss milestones and identify those that are feasible and supported
by the people who will do the work.
Watershed restoration
activities: creating a rock
check dam with two rain
gardens up and downstream
of a dam, with planted
sedges (EPA Region 5 NFS
workshop, 2007).
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Example: Dungeness WBP (JST 2007)
Table 11-9 contains an excerpt from the Implementation schedule of the Dungeness
Watershed Based Plan (JST 2007).
Table 11-9. Milestones for implementation and measurable criteria for evaluating
progress
Note: This table has been organized around Jamestown S'Klallam Tribal natural resources sub-goals, shown in the shaded areas,
and the NFS categories addressed. Under each goal, the table summarizes management strategies, milestones for implementation,
anticipated timing (subject to funding), key watershed partners, how our outputs will be measured, and the criteria to be used to
evaluate progress. There is a considerable amount of overlap between tribal goals, and the management strategies might address
more than one source of NFS pollution. Thus, some of the major milestones and evaluation criteria might apply to more than one
goal and NFS category.
TRIBAL SUB-GOAL: Ensure water quality that protects fish and wildlife resources and provides
safe food and water.
NPS Categories Addressed: Agriculture, Hydromodification & Habitat Alteration,
Urbanization, Marinas & Vessels
NPS
management
strategy
Human
Waste
Management
Storm water
Management
Milestones for
implementation
Support county
programs for
septic O&M, septic
inspection and
remediation
Suppport the
development of
community systems
for areas of concern
Buyout remaining
parcels at
Rivers End and
decommission
septic systems
Treatment of
irrigation ditch
tailwaters
Piping of irrigation
ditches
Increase use of LID
methods
Reduce stormwater
impacts
Raise public
awareness
Timing
ongoing
5 years
3 years
5 years
20 years
5 years
1.5 years
5 years
5 years
Key
partners
County
County
Tribe,
County,
WDFW,
NOLT
CCD,
WUA
WUA
Tribe,
County,
CCD
County,
Tribe
Tribe
Volunteers
Measureable outputs
# septic systems
pumped
Database tracking of
septic O&M
# systems inspected
and repaired
# classes Septics 101
Feasibility studies
completed for 3
systems, and at least
one to design &
construction phase.
Parcels purchased
and septics
decommissioned.
Installed treatment
sites
# feet ditch lined
County approval of LID
techniques
County approval of
upgraded stormwater
manual; County Roads
Dept install LID in
roadside ditches
Retrofit tribal facilities
Signage program at
stormwater drains
Measureable
criteria for
evaluating progress
(outcomes)
Reductions in fecal
coliform loading to
Matriotti Creek,
Dungeness River &
Bay: achieve 80% of
required reduction
by 20 1 0, meet water
quality standards by
2012
Achieve net
reductions in nitrates
for Carlsborg and
other elevated
areas; achieve net
reductions in bacteria;
achieve public health
standards
No increase in metals
or hydrocarbons for
baseline streams.
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Table 11-9. Milestones for implementation and measurable criteria for evaluating
progress (continued)
NFS
management
strategy
Animal
Waste
Management
Monitoring
Research
Milestones for
implementation
Implement pet waste
program
Reduce domestic
animal waste
Enforce animal waste
violations
Shellfish sampling
Marine waters
Freshwater
Complete annual
data analysis
Achieve capacity
to monitor all
nine parameters
required under CWA
Section 106
Microbial source
identification
Evaluate D Bay
for nutrients and
wildlife contribution
Evaluate culture
methods for
oysters, clams etc
GIS analysis and
remote sensing
Evaluate
effectiveness of
BMPs
Timing
1 year
2 years
5 years
ongoing
ongoing
ongoing
ongoing
annual
1 year
5 years
ongoing
ongoing
ongoing
Key
partners
Tribe, EPA,
volunteers
County
parks
CCD
Ecology
Tribe,
DOH
Tribe,
DOH
Stream-
keepers,
Bay-
watchers,
Tribe,
County
Clean
Water
Work
Group
Tribe
Tribe,
Battelle,
Ecology,
County
Tribe,
Ecology,
DOE,
WDFW
Tribe,
volunteers
Tribe,
CCD,
County
Tribe,
County,
CCD
Measureable outputs
Mailings and posters
distributed
Install pet waste stations
Complete farm plans
with BMPs
Last resort after
outreach and technical
assistance.
Bi-weekly for intertidal
harvest during PSP
season; weekly for
geoduck harvest
Monthly sampling
Monthly sampling;
quarterly for some
parameters
Annual review of results
Trained staff,
all equipment
available, funding
for staff, materials,
transportation, lab costs
Identification of
controllable sources of
bacterial contamination.
To be developed
Shellfish gardens
completed
Annual airphotos,
updated maps
Progress reports
Measureable
criteria for
evaluating progress
(outcomes)
Reductions in fecal
coliform loading per
TMDLs
Safe consumption
of shellfish by tribal
citizens and general
public
Achievement of
certified shellfish beds
in Dungeness Bay by
2012
Safe wading/swimming
for tribal citizens and
general public; attain
temperature/DO
targets for fish bearing
streams
Adaptive mgt of
strategies based on
results.
Attain water quality
standards for all nine
parameters
Adaptive mgt of
strategies based on
results.
Adjustment of BMPs
to achieve water
quality standards
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Table 11-9. Milestones for implementation and measurable criteria for evaluating
progress (continued)
NFS
management
strategy
Research
(continued)
Regulatory
Education
and
Outreach
Milestones for
implementation
Investigate
restoration of
pocket estuaries
at Meadowbrook,
Cooper, Casselary,
Gierin Creeks
Upgrade city and
county ordinances
Develop/update
Tribal ordinances
Public workshops
on water quality
issues
Prepare written
material for public
outreach
Booths, fairs and
festivals
Design and
implementation of
interpretive displays
Information for
recreational boaters
In-class and in-field
school programs
Timing
5 years
1 to 5
years
1 to 5
years
annual
annual
biannual
annual
5 years
5 years
1-5 years
ongoing
Key
partners
CCD,
Tribe,
WDFW
County,
Ecology
MRC, City
County,
Tribe,
CCD
Tribe
County,
CCD,
River
Center,
Tribe
County,
CCD,
Tribe
All
partners
Variable
River
Center
River
Center,
Tribe,
WDFW,
County
parks
WDFW,
County
parks,
Tribe
River
Center;
Tribe;
CCD;
County
Measureable outputs
Complete feasibility
analysis and identify
restoration options
Adopt stormwater
manual
Designate nearshore
critical areas
Identify barriers to
improved water quality
in ordinances
Improve jurisdictional
control over tribal
waters
# Workshops
conducted; # individuals
attending
Newspaper articles
and mailings; annual
milestones report of
DRMT;
# publications
distributed
Dungeness River
Festival; attendance and
participation
booths, exhibits, fairs
— attendance and
participation
Permanent displays at
River Center
Interpretive trail signs
Interpretive signs and
brochures for boaters
at launch sites.
# of students reached;
# of accompanying
adults reached
Measureable
criteria for
evaluating progress
(outcomes)
Improved water
quality(bacteria,
nutrients, chemicals)
Revisions to CAO
Updated ordinances
leading to improved
water quality
Updated/new
ordinances leading
to improved water
quality
Behavior change
leading to improved
water quality;
participant feedback
Behavior change
leading to improved
water quality;
participant feedback
Behavior change
or continued
stewardship by vessel
owners.
Evaluate student
understanding of
watershed processes
and impacts from
actions; participant
feedback; teacher
feedback
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Element h. A set of criteria that can be used to determine whether
' the water quality-based goals are being achieved over
time and substantial progress is being made
The criteria can be expressed as indicators and associated interim target values. You can
use various indicators to help measure progress. You will want to select indicators that will
provide quantitative measurements of progress toward meeting the goals and can be easily
communicated to various audiences. It is important to remember that the indicators and
associated interim targets will serve as a trigger: If the criteria indicate that you are not
making substantial progress, you should consider changing your implementation approach.
The indicators might reflect a water quality condition that can be measured (dissolved oxygen,
nitrogen, total suspended solids) or an action-related achievement that can be measured
(pounds of trash removed, number of volunteers at the stream cleanup, length of stream
corridor revegetated). In other words, the criteria are interim targets in the watershed plan,
such as completing certain subtasks that would result in overall pollutant reduction targets. Be
sure to distinguish between programmatic indicators that are related to the implementation of
your work plan, such as workshops held or brochures mailed, and environmental indicators
used to measure progress toward water quality goals, such as phosphorus concentrations or
sediment loadings.
Table 11-10. Stressors and indicators
Stressor
Sediment
Eutrophication
Pathogens
Metals
Habitat
General water
quality
Flow
Biology
Measurable indicator
Total suspended solids (TSS), turbidity
Chlorophyll a, nitrate/ nitrite/ total phosphorus/ nitrogen, ammonia,
dissolved oxygen
Fecal coliforms, £. colt
Copper, lead, zinc
Temperature, physical habitat assessed by rapid bioassessment
Total dissolved solids (tds), conductivity, pH, oil and grease
Dry-weather flow, peak flow, flood event frequency
Diversity and richness indices, biological indices, macroinvertebrates
, basic habitat
In the case of scientific indicators, remember that your measurable criteria or indicator links
your stressors with your goals. The indicator will tell you whether a BMP is sufficiently
addressing the source and achieving your goal. The indicators you selected (e.g., riparian
buffers/canopy cover, nutrient concentrations, suspended solids) will serve as the yardstick for
providing baseline and post-project information. You will also need to select a target value for
your project monitoring indicators, so you can measure progress toward your management
objectives.
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As an example:
Source/Stressor = excessive turbidity of river water.
Indicator (criteria) = nephelometric turbidity units (NTUs), as read on a
calibrated digital probe.
Water quality goal = Turbidity must not exceed 5 NTUs over natural
background levels when the natural background is 50 NTUs or less, or have
more than a 10 percent increase in turbidity when the natural background
level is more than 50 NTUs.
The following are some factors you might
want to consider when selecting your
indicators:
Validity
• Is the indicator related to your goals and
objectives?
• Is the indicator appropriate in terms of
geographic and temporal scales?
• Is the indicator measurable?
Clarity
• Is the indicator simple and direct?
• Do the stakeholders agree on what will be
measured?
• Are the methodologies consistent over time?
Practicality
• Are adequate data available for immediate
use?
• Are there any constraints on data
collection?
Clear Direction
• Does the indicator have clear action
implications, depending on whether the
change is positive or negative?
Example: Indicators in the Dungeness WBP
(JST 2007)
Criteria for evaluating progress are ... organized by Tribal
sub-goal as follows:
Water Quality: Interim criteria have been developed as part
of the TMDLs for the Lower Dungeness River/Matriotti
Creek and Dungeness Bay. Over the long term, it is the
Tribe's intent that bacteria levels are reduced sufficiently that
all shellfish beds in the Dungeness area are certifiable. The
Detailed Implementation Plan contains tables of the required
reductions in fecal coliform concentrations for tributaries to
Dungeness Bay, marine sites, Dungeness River, and irrigation
ditches to the inner Bay. The interim targets of the Clean
Water Workgroup are:
• Achieve target bacteria reductions in the Dungeness
River and Matriotti Creek Fecal Coliform Bacteria Total
Maximum Daily Load Study (Sergeant 2002)
• For the Dungeness Bay Fecal Coliform Bacteria Daily
Load Study (Sergeant 2004), the targets are as follows:
• Approximately 80% of required reduction by 2010
• Achievement of standards and restored shellfish
harvest by 2012
In addition to the interim targets based on fecal coliform concentrations, it is the goal
of the Clean Water Work Group to meet all other water quality standards by 2012 and
maintain them thereafter. These include all the parameters required under the Clean
Water Act section 106 program.
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Handbook for Developing and Managing Tribal Nonpoint Source Pollution Programs Under Section 3/9 of the Clean Water Act
Element i. A monitoring component to evaluate the effectiveness
' of the implementation efforts over time
As part of developing your watershed plan, you need to develop a monitoring component to
track and evaluate the effectiveness of your implementation efforts using the criteria developed
in the previous section.
Monitoring programs can be designed to track progress in meeting tribal water quality goals,
which can include load-reduction goals and attaining water quality standards. As in any
environmental program, there are significant challenges to overcome. Clear communication
between program and monitoring managers is important to specify monitoring objectives that,
if achieved, will provide the data necessary to satisfy all relevant management objectives. The
selection of monitoring designs, sites, parameters, and sampling frequencies should be driven
by the agreed-upon monitoring objectives, although some compromises are usually necessary
because of factors such as site accessibility,
sample preservation concerns, staffing,
logistics, weather and costs. If compromises
are made because of constraints, it is
important to determine whether the
monitoring objectives will still be met with
the modified plan. There is always some
uncertainty in monitoring efforts, but to
knowingly implement a monitoring plan
that is fairly certain to fail is a complete
waste of time, effort, and resources. Because
statistical analysis is usually critical to the
interpretation of monitoring results, it is
usually wise to consult a statistician during
the design of a monitoring program.
Consider a range of objectives like the
following when developing your monitoring
program:
D Analyze long-term trends
Document changes in management
and pollutant source activities in the
watershed
D Measure the performance of
specific management practices or
implementation sites
Water blessing ceremony on the Winnebago Reservation
in Nebraska.
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D Calibrate or validate models
D Fill data gaps in the watershed characterization
D Track compliance and enforcement in point sources
D Provide data for educating and informing stakeholders
When developing a monitoring design to meet your objectives, it is important to understand
how the monitoring data will be used. Ask yourself questions like the following:
D What questions are we trying to answer?
D What assessment techniques will be used?
What statistical power and precision are needed?
D Can we control for the effects of weather and other sources of variation?
D Will our monitoring design allow us to attribute changes in water quality to the
implementation program?
Remember that you might not see success the very first time that you try new BMPs. That is
why the watershed approach includes a feedback loop for continual improvement. Set realistic
goals that you can achieve, keep your stakeholders enthusiastic, and make improvements
where and when needed!
Example: Monitoring Activities identified in the Dungeness WBP
(JST 2007)
In addition to water quality parameters (temperature, turbidity, bacterial, nitrates,
metals, etc.), the Tribe and partners have extensive baseline and ongoing monitoring of
ecological processes, habitat conditions, and the status of plant and aquatic biological
communities. It is the goal of the Tribe and partners to monitor all nine parameters
required under the Clean Water Act Section 106 programs by 2012. This will require
additional staff training, equipment, laboratory services, data analysis, and preparation
of new and updated Quality Assurance Project Plans. Ongoing monitoring and adaptive
management is dependent upon adequate funding for these activities.
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Regional Review of Watershed-Based Plans
Tribes that would like EPA to review their WBPs should submit their plans to their EPA
project officer. The project officer or another EPA staff member will review each WBP to
determine whether the plan has the nine minimum elements required in EPA watershed
plans. For an example of a WBP checklist for EPA Region f 0, see http://yosemite.epa.gov/RW/
ecocomm.nsf/Watershed+Collaboration/State+Tnbal+NPS/$FILE/Tnbal-319-Checklist.pdf. Other
EPA regions might use different types of checklists in reviewing WBPs. For more information,
contact your Regional Tribal NFS coordinator.
The review is not a regulatory or legal requirement for tribes. The primary purpose of
the review is to work with tribes to develop plans that can greatly increase the chances
of improving water quality within reservation waters, as well as waters upstream and
downstream of reservation boundaries. Tribes may also implement a WBP that was not
developed by the tribe. For example, some tribal reservation watersheds might reside in a
small portion of the reservation. The remainder of the watershed is on land where a WBP was
developed by another organization. In such cases, tribal water staff could submit to EPA the
WBP developed by the nontribal group to help determine its impact on reservation waters.
Although EPA strongly recommends developing WBPs, a tribe could still receive funding for
projects not part of a WBP, as long as it shows that the project contains many aspects of a
watershed planning process and will contribute to improving water quality conditions on a
watershed scale. Priorities and requirements for tribal NFS implementation projects in the
annual RFPs could change over time, so applicants should read the most recent publication for
current information.
First National Tribal NFS Workshop, September 2009, Morongo Reservation, CA.
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Clean water is not an expenditure of federal funds; clean
water is an investment in the future ofour country.
—BUD SHUSTER, U.S. REPRESENTATIVE
QUOTED IN THE WASHINGTON POST, JANUARY 9,1987
Leveraging Funding Resources
The base and competitive funding provided by EPA through the national NFS pollution
control program will not usually be sufficient to address all the polluted runoff and aquatic
habitat problems on tribal lands. The tribes having the most success with improving water
quality are usually those that are able to leverage other resources, such as assistance from
technical service providers, support from other programs interested in water resources, in-
kind labor provided by volunteers or students, other departments in the tribe with available
funds or means of support such as equipment, or funding from outside sources. This section
describes some approaches for acquiring technical, labor, funding, or other resources to
support tribal NFS management programs and projects. The topics below start with those
resources that are probably closest to the tribe's NFS pollution program and move outward to
other related resources.
Tribal CWA 106 Program
Section f 06 of the CWA authorizes federal grants to assist state and interstate agencies in
administering water pollution control programs. Federally recognized tribes that have applied
for and received treatment in a manner similar to a state (TAS) and meet the requirements
of CWA section 518(e) can receive CWA section 106 funding. That funding allows tribes to
address water quality issues by developing monitoring programs, water quality assessment,
standards development, planning, and other activities designed to manage reservation water
resources.
Most tribes use staff supported by their CWA section 106 grants to develop their CWA section
319 assessment reports and management program plans. EPA also encourages tribes to use
106 funding to develop WBPs. Section 106 funds can also be used for inventorying nonpoint
sources, attending NFS meetings and training, and forming partnerships to address NFS
issues. After the CWA section 319 funding is received and the tribal NFS pollution program is
established, the CWA section 106 program provides an important source of support for
technical and other services, which can be integrated with the nonpoint program into the
tribe's overall water resource management agency or program. Section 106 funds focus on
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The Upper Sioux Community conducts water resource outreach (EPA Region 5 NFS workshop, 2007).
planning and management activities and may not be used to implement WBPs or for on-the-
ground projects. Any pre- and post-project monitoring efforts should be incorporated into
319-funded projects; however, 106 funds can be used for this monitoring if needed. Tribes
should contact their EPA section 106 coordinator for further information. Information on the
overall section 106 program is at www.epa.gov/owm/cwfinance/pollutioncontrol.htm.
Information specific to the section 106 tribal guidance is at www.epa.gov/owm/
cwfinance/10 6tgg07.htm.
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State CWA 319 Programs
Tribes and states are authorized under CWA section 319 to implement approved NFS
management programs. Generally, 319 lunding supports nonregulatory or regulatory
programs lor enforcement, technical assistance, education, training, technology transfer, and
demonstration projects (per 319(b)(2)(B)). Tribes and states also receive lunding under section
319 to support special projects that result in developing or implementing WBPs and other
activities that support NFS pollution control, such as stream restoration, public education,
septic system repair/replacement, rangeland management, and agricultural practices to control
soil erosion.
In many states, tribes may apply lor the federal pass through CWA section 319 lunds disbursed
by state water resource agencies. States have been especially interested in lunding NFS
pollution projects that include multi-stakeholder groups, such as tribes, agricultural agencies,
producer groups, and environmental organizations. The match requirements lor projects
in most states are high—40 percent—but in many cases, more lunding is available than
that offered by the national tribal NFS program. Because each state develops its own rules
regarding CWA section 319 grants, tribes interested in applying lor state lunding should
contact that state's NFS pollution
program coordinator. A list ol state CWA
319 program administrators and their
contact information is posted at
www.epa.gov/nps/state_nps_coord.pdf.
Meeting the higher state matching
support requirements can be challenging,
but there are many examples ol how to
address the need for in-kind and cash
support. Below are some approaches to
consider:
D Labor. Volunteers who work on
a project by attending meetings,
planning sessions, training
events, volunteer monitoring
programs, or contributing field
work represent value to the
project that can be considered
in-kind match. Volunteer time
can be valued at actual pay rates,
including fringe and other costs,
or it can be estimated according
Monument to Waqbdf Okichize (Chief War Eagle),
confluence of the Big Sioux and Missouri Rivers.
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to similar pay for similar work. General information on the value of volunteers' time is
at www.independentsector.org/programs/research/volunteer_time.html.
D Equipment Usage. The value of having a piece of equipment such as a chain saw,
tractor, or backhoe can be estimated. Usually, such services are valued on a per-hour
basis, at a rate that includes the time of the operator of the equipment. For example,
average hourly rates for an operator and a small, medium, or large tractor can be
estimated at $30, $40, and $50 or more, respectively. Average rates for a backhoe and
operator range from $30 to $60 per hour, depending on the location and equipment.
A worker with a chain saw can be valued at $15 to $30 per hour, depending on the
worker's skill and efficiency.
D Easements. Projects that involve temporary or permanent use of a piece of land
derive value from the use of that land, and the value can be measured. Valuation of
an easement that is being used to address polluted runoff or the degradation of a
waterbody can be done by comparing the cost for acquiring a similar easement for
commercial or other purposes. For example, the value of an easement along a river or
stream that has been granted as part of a project to plant riparian buffer vegetation can
be measured in acres and compared to the cost of renting similar acreage on an annual
or other basis.
D Funding. Direct funding or other cash support provided as part of an NFS pollution
abatement project is always accounted for in actual terms. For example, if a county,
nonprofit organization, or other entity donates a sum of money or directly pays for
activities that support a project, that amount can be considered project matching
support.
Wetlands Program
What do wetlands have to do with NFS pollution control? Each wetland is a part of a
watershed. The actions upstream can affect a wetland through surface or ground water. For
example, excessive erosion upstream can fill in a wetland with too much sedimentation. A
wetland can also reduce the impact of NFS pollution by taking up nutrients or filtering out
sediments, if it is not overwhelmed. Wetland monitoring and assessment might also give you
more information on polluted runoff and water quality improvements.
The CWA section 104(b)(3) Wetland Program Development Grants provide eligible
applicants an opportunity to improve wetland programs by conducting projects that
promote the coordination and acceleration of research, investigations, experiments, training,
demonstrations, surveys, and studies relating to the causes, effects, extent, prevention,
reduction, and elimination of water pollution. States, tribes, local governments, interstate
associations, intertribal consortia, and national nonprofit, nongovernmental organizations are
eligible to apply.
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The eligible development activities are based in the Four Core Elements of a State/Tribal
Wetlands Program found at www.epa.gov/owow/wetlands/initiative/estp.html. They include the
following:
D Develop and refine a wetland protection program
D Develop a comprehensive monitoring and assessment program
D Improve the effectiveness of compensatory mitigation
D Refine the protection of vulnerable wetlands and aquatic resources
D Complete a wetland restoration demonstration project using a new method, monitor
the change in wetland condition and water quality, and incorporate lessons learned
into a new wetland program plan
D Use existing wetland data to figure our priorities for wetlands restoration and
protection
D Develop an official definition of a wetland
D Train staff to monitor wetland condition and water quality associated with wetlands
For more information on the Wetland Program Development Grants, EPA Regional priorities
and contacts, and tools for monitoring wetlands, go to the EPA Web site at
www.epa.gov/wedands.
So//d Waste
Solid waste is detrimental to reservation water resources and community health. Runoff
from illegal dump sites can contain hazardous chemicals that can pollute ground water and
drinking water. This is especially detrimental in tribal communities that depend on wells
as a main source of freshwater. Illegal dumping on the sides of streams can destroy fish and
wildlife habitat. Many tribes depend on these habitats to foster wildlife that play important
environmental, spiritual, and economic roles in community life. Even backyard waste
burning, which seems as if it would not directly affect water quality, can be damaging to
tribal water sources. Runoff through burn sites can pick up chemicals and carry them to water
sources; in addition, outfall from the burning process is released into the air and can be a
factor in the contamination process.
Solid waste management program activities that contribute to water quality restoration
can be funded by CWA section 319 base and competitive grants. Funds may cover a range
of activities, including dump site cleanup, collection platform construction, solid waste
management training, post-project water quality monitoring, and outreach activities within
the local communities. Supplies and vehicle procurement can be funded under the section
319 program, but federal grant programs generally do not allow funds to be used for program
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or facility operation and maintenance. For more information, check with your EPA Regional
representative on allowable activities. For more general information on tribal solid waste
management programs, refer to EPA's Tribal Solid Waste Management page at www.epa.gov/
epawaste/wycd/tribal. Another resource is the Tribal Decision Maker's Guide at www.epa.gov/
osw/wycd/tribal/tribalguide.htm. The guide provides an overview of solid waste management
program development and includes information on solid waste planning, regulations,
collection, disposal, recycling, and education, along with tribal case studies.
Drinking Water and Clean Water State Revolving Fund
Programs
Clean Water State Revolving Funds
The Clean Water State Revolving Funds (CWSRF) program provides low-interest loans that can
spread project costs over a long term repayment period. Repayments are then cycled back into
the fund and used to pay for additional clean water projects. Although the majority of the fund
has traditionally been used to finance CWA section 212 projects, such as wastewater treatment
and collection facilities, financing is also available for NFS projects under the authorities of
CWA sections 319 and 320. Eligible NFS problems to address include the following:
Agriculture runoff
D Feaking on-site septic systems and underground storage tanks
Urban NFS pollution, including stormwater runoff and hazardous waste contamination
(for more information see www.epa.gov/brownfidds)
D Forestry issues
D Hydromodification
Estuary protection
D Atmospheric deposition
D Runoff from closed landfills and abandoned mines
D Source water protection
Public or private entities, including tribes, local governments, watershed groups, agricultural
organizations, farmers, and other eligible borrowers may apply for CWSRF loan funding. Each
state controls its own CWSRF program and determines project eligibility requirements for
the loans and sets interest rates. To be eligible under the broad authority of CWA sections 319
and 320, a project must help implement the state's NFS management plan (CWA section 319)
or be consistent with actions and priorities contained in a National Estuary Program
Comprehensive Conservation Management Plan (CWA section 320). In some instances,
Congressional appropriations allow some portion of these funds to be awarded as a direct
grant. For more information, contact CWSRF staff. For a list of CWSRF contacts, go to
www.epa.gov/owm/cw/mance/cwsrf/cwnims.
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Handbook for Developing and Managing Tribal Nonpoint Source Pollution Programs Under Section 3/9 of the Clean Water Act
Drinking Water State Revolving Fund:
Source Water Protection Funding
Like the CWSRF, the Drinking Water State Revolving Fund (DWSRF) Set-Aside program also
provides low-interest loans to communities for addressing threats to drinking water sources.
Tribes in watersheds that have drinking water treatment plants might want to consider the
Source Water Protection Program as a possible source of support for projects that protect
the quality of surface or ground water. Under the federal Safe Drinking Water Act, water
utilities with at least 15 service connections or that regularly serve at least 25 or more people
per day must have a source water assessment, which includes delineation of the source
water protection area (the portion of a watershed or ground water recharge area that might
contribute water and possibly pollutants to the water supply), identification of all significant
potential sources of drinking water contamination within the protection area, a determination
of the water supply's susceptibility to contamination from those sources, and making the
source water assessment results available to the public. Tribes are not required to develop
source water assessments, but EPA Regions
with direct implementation responsibility for
tribal public water systems are completing
such assessments for tribes in their Regions.
Tribal publicly and privately owned and
nonprofit, non-community water systems
are eligible to receive DWSRF funding from
the state to address source water protection
efforts. Tribes can contact their DWSRF
loan fund managers to check on eligibility
requirements and other details. For more
information, see www.epa.gov/safewater/dwsrf.
Source water protection measures that address
the potential contaminants identified by the
assessment are largely the responsibility of
local drinking water utilities. The information
in the assessment often represents a
significant source of data regarding possible
nonpoint sources of pollution in the area,
and public interest in protecting the drinking
water supply can provide a very powerful
incentive for addressing those sources.
Drinking water utilities often support a
variety of source water protection structural
Restoration project field trip, Region 6 Tribal NFS
Workshop.
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Handbook for Developing and Managing Tribal Nonpoint Source Pollution Programs Under Section 3/9 of the Clean Water Act
and nonstructural practices, which can include regulatory and nonregulatory land use
controls, waste site cleanups, acquiring or planting buffer areas, purchasing development
rights, developing design standards, good housekeeping practices, public education, septic
system improvement projects, and measures targeted at animal waste, pesticide application,
and fertilizer use. Nearly all these have been identified as practices that control nonpoint
sources of water pollution.
General Assistance Program (GAP) Funding
The primary purpose of the GAP is to support the development of a core tribal environmental
protection program. To achieve this goal, the tribes, with EPA's assistance, use GAP to do the
following:
D Identify baseline environmental needs to build capacity to administer an
environmental program or develop a tribal environmental program that is tailored to
individual tribal needs
D Establish the administrative, legal, technical, and enforcement capability of tribes to
develop and implement a tribal environmental program, including the capacity to
manage EPA-delegated programs
Foster compliance with federal environmental statutes by developing appropriate tribal
environmental programs, ordinances, and public education and outreach programs
D Establish a tribal communications capability to work with federal, state, local, tribal
and other environmental officials
D Establish the tribal capacity to develop and implement management programs through
program-specific assistance
Although GAP funds may be used to develop program capacity, they may not be used for
program implementation. GAP guidance documents are at www.epa.gov/indian/gap.htm.
Humankind has not woven the web of life.
We are but one thread within it.
Whatever we do to the web, we do to ourselves.
All things are bound together. All things connect.
—CHIEF SEATTLE, 1854
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Handbook for Developing and Managing Tribal Nonpoint Source Pollution Programs Under Section 3/9 of the Clean Water Act
Environmental Quality Incentive Program
The Environmental Quality Incentives Program (EQIP) administered by the U.S. Department
of Agriculture is a voluntary program that provides financial and technical assistance to
farmers and ranchers who face threats to soil, water, air, and related natural resources on
their land. Through EQIP, USDA's Natural Resource Conservation Service provides financial
incentives to producers to promote agricultural production and environmental quality as
compatible goals, optimize environmental benefits, and help farmers and ranchers meet
federal, state, tribal, and local environmental regulations. Tribal owners of land in agricultural
production or members who are engaged in livestock or agricultural production on eligible
land may participate in EQIP. National EQIP priorities include the following:
1. Reductions of NFS pollution, such as nutrients, sediment, pesticides, or excess
salinity, in impaired watersheds as required by TMDLs, where applicable, as well as
the reduction of ground water contamination and reduction of point sources such as
contamination from confined animal feeding operations
2. Conservation of ground water and surface water resources
3. Reduction of emissions, such as particulate matter, nitrogen oxides, volatile organic
compounds, and ozone precursors and depleters, that contribute to air quality
impairment violations of the National Ambient Air Quality Standards
4. Reduction in soil erosion and sedimentation from agricultural land
5. Promotion of at-risk species habitat conservation
For more information on EQIP and applying for funds, see
www.nrcs.usda.gov/PROGRAMS/EQIP.
Other Programs
In addition to EQIP funding, many tribes partner with the U.S. Fish and Wildlife Service,
Bureau of Fand Management, U.S. Forest Service and other federal and state agencies in
developing watershed protection programs, technical assistance and education projects,
cost-share program priorities, and other activities. Those partnerships are extremely helpful
to tribes, which can benefit directly from technical and financial support, and to the partner
groups, which often seek tribal input in addressing polluted runoff issues in watersheds where
tribal lands might be. Pooling resources usually involves coordination of staff activities under
a formal or, in most cases, an informal plan. That can include efforts to conduct water quality
monitoring activities, sharing data to produce a watershed assessment, developing technical
assistance programs for farmers or ranchers, promoting cost-share signups for livestock-
exclusion stream fencing, septic system inspection/repair projects, stabilizing unpaved roads,
restoring stream corridors, removing invasive species, and other efforts. In general, such
funding sources seek to support projects that are clearly explained, have a measurable water
quality or public health benefit, draw support from several programs or partners, and are
sponsored by organizations with a successful track record.
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dditional Resources for Tribes
List of Contacts
For current contacts for EPA tribal NFS coordinators and state NFS coordinators, as well as
NFS coordinators from each state and territory, see www.epa.gov/nps/contacts.html. That site is
updated often and provides links to state NFS programs. For general EPA tribal contacts and
Regional tribal program information, see www.epa.gov/tribal/contactinfo.
General EPA tribal nonpoint source contact information
Headquarters
Tribal Coordinator, USEPA
1200 Pennsylvania Avenue, NW (MC 4S03T)
Washington, DC 20460
202-566-1155
www.epa.govlowowlnpsltriballindex.html
Region I (CT, ME, MA, NH, Rl, VT)
Tribal Coordinator
USEPA - Region I
5 Post Office Square, Suite 100 (MC: OEP06-I)
Boston, MA 02109-3912
617-918-1840
www.epa.govlregionllgovtltribeslindex.html
Region 6 (AR, LA, NM, OK, TX)
Tribal Coordinator
USEPA - Region 6
1445 Ross Avenue, Suite 1200 (MC: 6WQ-AT)
Dallas, TX 75202
214-665-6684
www.epa.govlregion6lwaterlatltriballindex.htm
Region 2 (NJ, NY, PR, VI)
Tribal Coordinator
USEPA - Region 2
290 Broadway Avenue, 24th floor (MC: DEPP: WPB)
New York, NY 10007
212-637-3788
www.epa.govlregion02lnationslintro.htm
Region 7 (IA, KS, MO, NE)
Tribal Coordinator
USEPA - Region 7
901 North 5th Street
Kansas City, KS 66101
913-551-7003
Toll-free: 1-800-223-0425
www.epa.govlregion07ltriballindex.htm
Region 3 (DE, DC, MD, PA, VA, WV)
Nonpoint Source Coordinator
(No federally recognized tribes have been registered in Region 3.)
USEPA - Region 3
1650 Arch Street
Philadelphia, PA 19103
215-814-5753
www.epa.govlreg3wapdlnpslindex.htm
Region 8 (CO, MT, ND, SD, UT, WY)
Tribal Coordinator
USEPA - Region 8
1595 Wynkoop Street (MC EPR-EP)
Denver, CO 80202
303-312-6895
www.epa.govlregion8ltribeslcontacts.html
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Handbook for Developing and Managing Tribal Nonpoint Source Pollution Programs Under Section 3/9 of the Clean Water Act
General EPA tribal nonpoint source contact information (continued)
Region 4 (AL, FL, GA, KY, MS, NC, SC, TN)
Tribal Coordinator
USEPA - Region 4
Atlanta Federal Center
61 Forsyth Street, SW
Atlanta, GA 30303
404-562-9451
www.epa.govlregion4lindianlcontacts.htm
Region 9 (AZ, CA, HI, NV, AS, GU)
Tribal Coordinator
USEPA - Region 9
75 Hawthorne Street (MC WTR-IO)
San Francisco, CA 94105
415-972-3402
www.epa.govlregion09lwaterltriball
tribal-cwa.html#nps
Region 5 (IL, IN, Ml, MN, OH, Wl)
Tribal Coordinator
USEPA - Region 5
77 West Jackson Boulevard (MC WS-I5J)
Chicago, IL 60604
312-353-2000
www.epa.govlregion5lwaterlwshednpsltopic_nps.htm
Region 10 (AK, ID, OR, WA)
Tribal Coordinator
USEPA-Region 10
1200 Sixth Avenue, Suite 900 (MC OWW-137)
Seattle, WA 98101
206-553-1050
yosemite.epa.govlRIOIecocomm.nsfl
Watershed+Collaborationl
State+Tribal+NPS#Tribes%20Section
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Handbook for Developing and Managing Tribal Nonpoint Source Pollution Programs Under Section 3/9 of the Clean Water Act
EPA Regional Offices
o
HI
Guam
Trust Territories
American Samoa
Northern Mariana Islands
Region 3
does not
contain
federally
recognized
tribes
US VI
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Online Tools
EPA offers a host of online tools to help with the process of conducting a watershed
assessment. To develop the scope of a watershed planning effort or waterbody restoration
project, the watershed must be characterized. The characterization process allows for
(1) defining of issues of concern, the key pollutants, and the sources of pollution; (2) assessing
watershed geographic conditions, economic activities, and discharges that could affect
water pollution; and (3) selecting target restoration efforts. The following Web sites provide
watershed characterization information.
Surf Your Watershed
www. epa.gov/surf
Watersheds and watershed resources can be located through an interactive map or through
drop-down lists. Eight-digit Hydrologic Unit Codes (HUCs) can also be found through this
resource.
Assessment TMDL Tracking and Implementation System (ATTAINS)
www. epa.gov/waters/ir
ATTAIN's tables and charts summarize state-reported data for the nation as a whole,
individual states, individual waters, and the 10 EPA Regions. It provides the/ull story of
assessed waters that are impaired, are being restored, or have been restored.
EPA's Watershed Assessment and Tracking Environmental Results
(WATERS)
www.epa.gov/water
The EPA Office of Water manages numerous programs that collect and store water quality-
related data in separate databases. WATERS is an integrated information system that
generates reports on the nation's surface waters from multiple, independent databases (e.g.,
Water Quality Standards Database, STORET, ATTAINS, Permit Compliance System, Clean
Watersheds Needs Survey).
Storage and Retrieval (STORET)
www.epa.gov/storet
STORET is EPAs main repository of water quality monitoring data, including chemical,
biological, and physical data. It contains water quality information from a variety of
organizations across the country, from small volunteer watershed groups to state and federal
environmental agencies. Data stored in STORET are accessible to anyone with a Web browser
and Internet access, and query results can be e-mailed to the user in an Excel format.
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Handbook for Developing and Managing Tribal Nonpoint Source Pollution Programs Under Section 3/9 of the Clean Water Act
Enforcement and Compliance History Online (ECHO)
www.epa-echo.gov/echo
ECHO focuses on facility compliance and EPA/state enforcement of environmental
regulations. Roughly 800,000 regulated facilities under the following environmental statutes
and regulations are included in ECHO: Clean Air Act Stationary Source Program, Clean
Water Act, National Pollutant Discharge Elimination System, and Resource Conservation and
Recovery Act. Through ECHO, site visitors can find inspection, violation, enforcement action,
informal enforcement action, and penalty information about facilities for the past three years.
For introductory instructional materials on how to use the above EPA Internet tools, visit
www.epa.gov/watershed/wacademy/epatooh and download the course materials for Key EPA
Internet Tools for Watershed Management.
CIS Tools
MyEnvironment (Formerly, Window to My Environment)
www.epa.gov/myenvironment
MyEnvironment is designed to improve access to useful community-based environmental
information. MyEnvironment represents a concerted effort to develop a geographic portal
for integrating that environmental information by local geography to help answer common
questions, examine critical problems, and discover potential solutions for environmental
protection and human health issues.
MyEnvironment's features include
D Interactive Map: Shows the location of regulated facilities, monitoring sites,
waterbodies, population density, perspective topographic views and more with
hotlinks to state/federal information about these items of interest.
Your Window: Provides selected geographic statistics about the area of interest,
including estimated population, county/urban area designations, local watersheds/
waterbodies, and so forth.
D Your Environment: Links to information from federal, state, and local partners on
environmental issues like air and water quality, watershed health, Superfund sites,
fish advisories, impaired waters, as well as local services working to protect the
environment in your area.
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Handbook for Developing and Managing Tribal Nonpoint Source Pollution Programs Under Section 3/9 of the Clean Water Act
Tribal Windows to the Environment
http://oa.spub. epa.gov/tims/twe.html
The American Indian Environmental Office (AIEO) coordinates and integrates aff the tribaf
programs at EPA. To track the progress that these programs are making toward protecting the
environment and pubfic heafth in Indian Country, AIEO has linked the various regulatory and
environmental monitoring databases of EPA into a single window to the environment for tribes.
The AIEO windows are essentially the same as the popular "MyEnvironment."
EnviroMapper for Water
www. epa.gov/waters/enviromapper
EnviroMapper for Water is a Web-based geographic information system (GIS) application
that dynamically displays water quality and other environmental information about bodies
of water in the United States. This interactive tool allows you to create customized maps that
portray surface waters along with a collection of water quality-related data from the national
level down to community level. Enviromapper for Water provides the ability to:
Geographically display a variety of EPA water program data (e.g., water quality
standards, ATTAINS, and STORET)
D Pan, zoom, label, and print maps
D Link to water program Web reports after identifying specific features of interest
Generate specific water quality-related reports based on an area of interest
Watershed Plan Builder
www.epa.gov/owow/watershedplanning
The Watershed Plan Builder is designed for users who are just beginning to develop a
watershed plan, are in the process of developing a watershed plan, or are updating an existing
plan. The Watershed Plan Builder provides a step-by-step process to begin developing a
watershed plan. Through a series of questions related to eight categories such as location,
pollutants, and stakeholders, the Plan Builder collects information about your specific
watershed area and produces a customized watershed outline. This outline can be used as
a roadmap for the watershed planning process to create a comprehensive watershed plan.
Specific instructions on how to develop a watershed plan can be found in the section devoted
to the watershed planning process.
Watershed Central and the Watershed Wihi
www.epa.gov/watershedcentral
EPA has a new Web site called Watershed Central to help watershed organizations and
others find key information they need to implement watershed management projects. The
primary purpose of the Watershed Central Web site is to make it easy for organizations
to find the information that they need to help protect and restore their water resources.
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Handbook for Developing and Managing Tribal Nonpoint Source Pollution Programs Under Section 3/9 of the Clean Water Act
Watershed Central helps users find environmental data, watershed models, nearby local
organizations, guidance documents, and other information depending on the task at hand. It
also contains links to watershed technical resources, funding sources, mapping applications,
and information specific to named watersheds. The site includes a Watershed Central Wiki
for collaboration and information sharing. EPA encourages watershed practitioners to use the
new Watershed Central Wiki to share tools, scientific findings, expertise, and local approaches
to watershed management. Watershed Central not only links to EPA Web resources, but also
links to other valuable funding, guidance, and tools on the Web sites of state, tribal, and
federal partners, universities, and nonprofit organizations.
Tools of the Trade
www.epa.gov/watershed/wacademy/epatooh
Tools of the Trade are publicly available, CIS-based tools to help with effective watershed
management.
Additional Internet Resources
EPA
Information
Tribal Nonpoint Source Information
www. epa.gov/nps/tribal
Section 319 Information
www.epa.gov/nps/cwact.html
Tribal Portal Federal Funding Eligibility
www.epa.gov/tribalportal/laws/tas.htm
Treatment in the Same Manner as a State Information
www.epa.gov/tribalportal/laws/tas.htm
Tribal Portal
www.epa.gov/tribalportal
American Indian Tribal Portal: Where You Live
www.epa.gov/tribalportal/whereyoulive
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Handbook for Developing and Managing Tribal Nonpoint Source Pollution Programs Under Section 3/9 of the Clean Water Act
Clean Water Act Tribal Training
www.epa.gov/water/tribaltraining
Nonpoint Source Success Story Web Site
www.epa.gov/nps/Success319
This Web Site features stories about primarily nonpoint source-impaired waterbodies where
restoration efforts have led to documented water quality improvements.
Healthy Watersheds Initiative
www.epa.gov/healthywatersheds
The objective of the federal CWA is to "restore and maintain the chemical, physical, and
biological integrity of the nation's waters." While other EPA programs focus on restoring
impaired waters, the Healthy Watersheds Initiative augments the watershed approach with
proactive, holistic aquatic ecosystem conservation and protection. The Healthy Watersheds
Initiative includes both assessment and management approaches that encourage tribes, states,
local governments, watershed organizations, and others to take a strategic, systems approach
to conserve healthy components of watersheds and, therefore, avoid additional water quality
impairments in the future.
Green Infrastructure
www.epa.gov/greeninfrastructure
Green infrastructure is an approach to wet weather management that is cost-effective,
sustainable, and environmentally friendly. Green Infrastructure management approaches and
technologies infiltrate, evapotranspire, capture, and reuse stormwater to maintain or restore
natural hydrologies.
EPA Grant Finding Resources
Clean Water Indian Set-Aside Program
www.epa.gov/owm/mab/indian/cwisa.htm
Coastal Program
www.epa.gov/owow/estuaries
Drinhing Water State Revolving Fund Indian Set-Aside Program
www.epa.gov/safewater/dwsrf/allotments/tribes/index.html
Federal Funding Database
www.epa.gov/epawaste/wycd/tribal/finance.htm
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Grant Writing Resources
www.epa.gov/epawaste/wycd/tribal/pdftxt/grant.pdf
Guide to Federal Grant Resources for Community Organizations,
Tribal Organizations, and Tribal Governments
www. epa.gov/epahome/grants.htm
Tribal Portal Grants and Funding
www.epa.gov/tribal/grantsandfunding
Tribal Resource Directory for Drinking Water and Wastewater
Treatment
www.epa.gov/owm/mab/indian/tribal-resource-directory.htm
PDF version: www.epa.gov/owm/mab/indian/pdfs/tribal-complete.pdf
Watershed Funding
www.epa.gov/owow/funding.html
Wetlands Protection Programs
www.epa.gov/owow/wetlands
Federal Grant Finding Programs
Federal Grants Database
www.grants.gov
U.S. Bureau of Reclamation
www.usbr.gov
U.S. Department of Agriculture Farm Service Agency Programs
www.fsa.usda.gov/pas/default.asp
U.S. Department of Agriculture Natural Resource Conservation Service
Programs
www.nrcs.usda.gov/programs
U.S. Department of Agriculture Watershed Program
www.nrcs.usda.gov/programs/watershed
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U.S. Department of Health and Human Services Indian Health Services
Wastewater Program
www.ihs.gov/nonmedicalprograms/dsfc
U.S. Department of the Interior Abandoned Mines Program
www.osmre.gov/aml/aml.shtm
U.S. Fish and Wildlife Partners for Fish and Wildlife Program
www.fws.gov/partners
Nonfederal Grant Finding Programs
Rural Community Assistance Partners
www.rcap.org
The Environmental Finance Center
www.efc.umd.edu/host.html
Other
Informational
Catalogue of Federal Domestic Assistance
www.cfda.gov
Conservation Technology Information Center
www.conservationinformation.org
Federal Register
www.gpoaccess.gov/fr
Indian Health Service
www.dsfc.ihs.gov
Climate Change Information
EPA's Climate Change Web site
www.epa.gov/climatechange
EPA's Office of Water Climate Change Web site
www.epa.gov/water/climatechange
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EPA Watershed Academy—Climate Change and Water
Training Module
This module was designed to educate water program managers, as well as the general public,
on the expected effects of climate change on water resources and water programs
\v\v\v.epa.gov/\vatertrain/climate_\vater/
ENERGY STAR
www.energystar.gov
WaterSense
www.epa.gov/watersense
Low Impact Development
www. epa.gov/nps/lid
Intergovernmental Panel on Climate Change (IPCC)
www.ipcc.ch
U.S. Climate Change Science Program
www.globalchange.gov
National Oceanic and Atmospheric Administration's
Climate Program Office
The Regional Integrated Sciences and Assessments provides links to university networks
developing information at the regional level.
www.dimate.noaa.gov/index.jsp?pg=./cpo_pa/cpo_pa_index.jsp&pa=risa
A Few Web Links to Notable Documents on Climate Change
and Ecosystems
Preliminary Review of Adaptation Options for Climate-Sensitive Ecosystems and Resources, June 2008.
www.globalchange.gov/publications/reports/scientific-assessments/saps/sap4-4
This report from the U.S. Climate Change Science Program focuses on adaptation options for
climate-sensitive ecosystems and resources on federally owned and managed lands.
Climate Ready Estuaries: Synthesis of Adaptation Options for Coastal Areas, 2009.
www.epa.gov/cre/downloads/CRE_Synthesis_l.09.pdf
This guide provides a brief introduction to key physical effects of climate change on estuaries
and a review of on-the-ground adaptation options available to coastal managers to reduce their
systems' vulnerability to climate change impacts.
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Handbook for Developing and Managing Tribal Nonpoint Source Pollution Programs Under Section 3/9 of the Clean Water Act
Synthesis Report from the International Scientific Congress, Climate Change: Global Risks, Challenges
& Decisions, March 2009.
http://climatecongress.ku.dk
The Climate Congress was organized to update the state of scientific knowledge regarding
climate change since the 2007 IPCC Report, in preparation for the United Nations' Conference
on Climate Change to be held in Denmark in December 2009.
Intergovernmental Panel on Climate Change Fourth Assessment Report: Climate Change 2007.
www.ipcc.ch/publications_and_data/publications_and_data_reports.htm
Of particular note for ecosystems, see IPCC Working Group II, Climate Change Impacts,
Adaptation, and Vulnerability.
Global Climate Change Impacts in the United States, Thomas R. Karl, Jerry M. Melillo, and
Thomas C. Peterson (eds.). Cambridge University Press, 2009.
www.globalchange.gov/usimpacts
This report summarizes the science of climate change and the impacts of climate change
on the United States, now and in the future. It is largely based on results of the U.S. Global
Change Research Program, and integrates those results with related research from around the
world. This report discusses climate-related impacts for various societal and environmental
sectors and regions across the nation. It is an authoritative scientific report written in plain
language, with the goal of better informing public and private decision making at all levels.
Best Management Practices Implementation Appendix
www.waterquality.utah.gov/TMDL/Virgin_River_Watershed_Implementation_Appendix.pdf
This appendix is a manual designed to assist landowners, managers, and technicians in
adopting effective and appropriate practices to reduce NFS pollutants entering streams and
watercourses. Practices are defined as actions taken by a landowner or manager to reduce
pollutant loads from nonpoint sources. In general, practices described in this manual are
meant to be implemented in areas immediately adjacent to the stream channel or waterbody.
However, many of the treatments can be used effectively in uplands and other areas. This
document is a great resource to view photos of various BMPs, and it includes additional
information on BMP purpose, pollutants addressed, load reduction potential, and expected
maintenance.
Another widely used source that is applicable to agricultural areas is the USDA-NRCS Field
Office Technical Guide: www.nrcs.usda.gov/technical/efotg.
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Acronyms and Abbreviations
°C degrees Celsius
°F degrees Fahrenheit
ug/L micrograms per liter
ANSI/ASQC American National Standards Institute
ASQC American Society for Quality Control
ATTAINS Assessment TMDL Tracking and Implementation System
BIA Bureau of Indian Affairs
BMP best management practice
CFR Code of Federal Regulations
CFS cubic feet per second
CRP Conservation Reserve Program
CWA Clean Water Act
CWSRF Clean Water State Revolving Fund
DNR Department of Natural Resources
DO dissolved oxygen
DWSRF Drinking Water State Revolving Fund
E. coli Escherichia coli
e.g. for example
ECBI Eastern Cherokee Band of Indians
ECHO Enforcement and Compliance History Online
EPA U.S. Environmental Protection Agency
EQIP Environmental Quality Incentives Program
FCB fecal coliform bacteria
FTE full-time equivalent (staff)
GAP General Assistance Program
GIS geographic information system
HUC Hydrologic Unit Code
i.e. in other words; that is
MDNR Minnesota Department of Natural Resources
mg/L milligrams per liter
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MNDOT Minnesota Department of Transportation
MPCA Minnesota Pollution Control Agency
N nitrogen
NA not applicable
NPDES National Pollutant Discharge Elimination System
NFS nonpoint source (pollution)
NRCS Natural Resources Conservation Service
NTU nephelometeric turbidity unit
O&M operation and maintenance
P phosphorus
pH co-logarithm of the activity of dissolved hydrogen ions
PPG Performance Partnership Grant
QA quality assurance
QA/QC quality assurance/quality control
QAPP quality assurance project plan
RCBLSC Red Cliff Band of Lake Superior Chippewa
RFP request for proposal
RLBCI Red Lake Band of Chippewa Indians
RWQCB Regional Water Quality Control Board
SI Stressor Identification
STEPL Spreadsheet Tool for Estimating Pollutant Load
STORET STOrage and RETrieval System
su standard units
SWAP Source Water Assessment and Protection
SWCD Soil and Water Conservation District
SYBCI Santa Ynez Band of Chumash Indians
TAS Treatment in the same manner as a state
TMDL total maximum daily load
TSI Trophic Status Index
TSS total suspended solids
USAGE U.S. Army Corps of Engineers
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USD A U.S. Department of Agriculture
USFW U.S. Fish and Wildlife (Service)
USGS U.S. Geological Survey
VSAP Visual Stream Assessment Protocol
WATERS Watershed Assessment and Tracking Environmental Results
WBP watershed-based plan
WisCAP Wisconsin Community Action Program
WPCP Water Pollution Control Program
WQS water quality standards/water quality specialist
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Glossary
Antidegradation - A federal water quality requirement prohibiting deterioration where
pollution levels are above the legal limit.
Base funding - $30,000 or $50,000 depending on size of reservation.
Beneficial uses - Designations made by states or tribes regarding how a particular waterbody
is expected to be used and for what it is to be managed. Examples: cold water fishery,
drinking, swimming.
Best management practices (BMPs) - Practices, measures, or actions that are commonly
recommended to prevent, reduce, or mitigate pollution from nonpoint sources.
Competitive funding - Funding allocated to projects as established through a national
request for proposals.
Cultural issues - Knowledge, belief, behavior, or set of shared attitudes, values, goals, and
practices of a specific group. For Native American cultures, some attributes to consider:
respect for the natural world, spirituality, elders and children, clans and kinship, leadership
and decision-making, history, governance structures, protocols, and laws.
CWA section 104(b)(3) - A granting authority under which awards are made to state water
pollution control agencies, interstate agencies, other public or nonprofit private agencies,
institutions, organizations, and individuals, for the purpose of research, investigations,
experiments, training, demonstrations, surveys, and studies relating to the causes, effects,
extent, prevention, reduction, and elimination of pollution.
CWA section 106 - A granting authority under which awards are made to states, tribes, and
interstate agencies to assist them in administering programs for the prevention, reduction,
and elimination of pollution, including enforcement. May fund a wide range of water quality
activities, including water quality planning and assessments, development of water quality
standards, ambient monitoring, development of total maximum daily loads, issuing permits,
ground water and wetland protection, and NFS control activities (including nonpoint source
assessment and management plans).
CWA section 303(d) - Section under which states, territories, and authorized tribes are
required to develop lists of impaired waters that do not meet water quality standards or use
designations that have been set for them. The section requires establishing priority rankings
for waters on the lists.
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Handbook for Developing and Managing Tribal Nonpoint Source Pollution Programs Under Section 3/9 of the Clean Water Act
CWA section 305(b) - Requires states and territories to report every two years on the water
quality and use designations of all navigable waters, surface waters, and ground water and
impacts from both point and nonpoint sources of pollution. (Tribes are not required to submit
305(b) reports.)
CWA section 401 - Water quality certification needed to show that an applicant for a federal
license or permit to conduct activities that could result in any discharge into the navigable
waters will provide to the licensing or permitting agency a certification from the state/tribe or
interstate agency having jurisdiction over those waters that any such discharge will comply
with the applicable water quality regulations and effluent limits.
CWA section 404 - Establishes permits for disposal of dredged or fill material at specified
disposal sites into navigable waters, including notice and opportunity for public hearings.
CWA section 518 - Establishes that Indian tribes will be treated as states for the purposes of
title II (grants for treatment works) and sections 104, 106, 303, 305, 308, 309, 314, 319, 401,
402, and 404.
E. coli (Escherichia coli) - A gram negative bacterium that is commonly found in the lower
intestine of warm-blooded animals.
Fee lands - Land parcels that are owned by nontribal individuals or entities and are within
the reservation boundaries.
Green space - Open spaces that serve as natural assets for the community, such as parkland
or naturalized areas necessary for the protection of the waterbody.
Hydrologic Unit Code (HUC) - A 2- to 12- digit number assigned by the U.S. Geological
Survey as part of its surface waterbody classification system.
Impaired waters - Those waters that do not meet water quality standards for one or more
pollutants and for which the use designation therefore cannot be fulfilled.
Impairments - The kinds of pollutants that creates a condition, by means of amount or type,
where water quality standards are exceeded.
Indicator - Entity, process, or community whose characteristics show the presence of specific
environmental conditions.
Inputs - When referring to pollution sources, identifying where they come from.
Intertribal consortium - Consortium to promote cooperative work among tribes; partnership
between two or more tribes that is authorized by the governing bodies of those tribes.
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Karst - A geologic formation of irregular limestone deposits with sinks, underground streams,
and caverns.
Landscape scale - Traits, patterns, and structure of a specific geographic area, including its
biological composition, its physical environment, and its anthropogenic or social patterns. A
geophysical space where interacting ecosystems are grouped and have similar attributes.
Legislative conditions - The requirements as found in the authorizing legislation for a
program.
Milestones - Key dates when certain measurable outcomes are expected.
Mitigation - Measures that are taken to reduce adverse effects on the environment and can
provide a method of compensation for unavoidable impacts.
Narrative criteria - Statements that describe the desired water quality goal, such as waters
being free from pollutants or substances that can harm people and fish; an approach used for
pollutants for which numeric criteria are difficult to establish because of inherent subjectivity.
Nonpoint source pollution - Pollution not discharged from a point source. This generally
consists of pollution from diffuse sources (i.e., without a single point of origin or not
introduced into a receiving stream from a specific outlet). The pollutants are generally carried
off the land as a result of precipitation events (rainfall, snowmelt).
Nonprofit/nongovernmental organizations - Sometimes seen as NPO or NGO. A group
organized for purposes other than generating profit and in which no part of the organization's
income is distributed to its members, directors, or officers. This is established at the time
of formation, and only approved activities under this designation are allowed; no official
governmental representatives are governing members.
Numeric criteria - A number standard for limiting a particular pollutant that protects a
specific use designation; can be load- or concentration-based.
Outcomes - The conditions that result from an action.
Outputs - The results of activities undertaken to achieve the outcomes.
Partnership - A cooperative relationship between people or groups that agree to share
responsibility for achieving some specific goal.
Performance goals - Numerical or statistically measured achievements against a target.
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Handbook for Developing and Managing Tribal Nonpoint Source Pollution Programs Under Section 3/9 of the Clean Water Act
Permitting/Enforcement authority - Any entity at the local, state, or national level that has
the capability to execute a permit or take an enforcement action.
Point source - A stationary location or fixed facility from which pollutants are discharged
through a conveyance system; any single identifiable source of pollution, such as a pipe, ditch,
ship, ore pit, or factory smokestack.
Public participation - A principle or practice that seeks out and facilitates the involvement
of those potentially affected by or interested in a decision. The full range of actions employed
to engage people in current or proposed activities. Implies that the public's contribution will
influence the decision-making process.
Remediation - Cleanup, restoration, or other methods used to ensure that the location will be
able to fully function from an ecological and human health perspective.
Restoration/rehabilitation - Measures taken to return a site to a previous condition.
Riparian areas - Areas adjacent to rivers and streams with a differing density, diversity, and
productivity of plant and animal species relative to nearby uplands.
Sampling design - The method employed to collect adequate and appropriate data to support
accurate analysis. See www.epa.gov/quality/qksampl.html.
Schedule - Weekly, monthly, seasonal, or quarterly array of activities or actions needed to
carry out a work plan.
Section 319 base funding - The funding that is provided by CWA section 319 as the core
funding to support the 319 program with the broadest ability to accomplish program goals
and activities.
Spatial context (units) - The areal extent or scale at which analysis is given or information
collected. A description of the nature of the physical setting in which activities occur.
Stakeholder - Any organization, governmental entity, or individual that has a stake in or
could be affected by a given approach to environmental regulation, pollution prevention,
energy conservation, and the like.
Stressor - Physical, chemical, or biological entity that can induce adverse effects on
ecosystems or human health.
Subbasins - Usually, catchments that are smaller than a 12-digit Hydrologic Unit Code and
are determined to be a more useful planning and implementation unit for water resources
protection or can be contained within the jurisdiction of the tribe.
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Handbook for Developing and Managing Tribal Nonpoint Source Pollution Programs Under Section 3/9 of the Clean Water Act
Trust lands - Lands held in trust by the U.S. government for a tribe.
Water quality criteria - Levels of water quality expected to render a body of water suitable
for its designated use. Criteria are based on specific levels of pollutants that would make
the water harmful if used for drinking, swimming, farming, fish production, or industrial
processes.
Water quality goal - A long-term perspective on the evaluation of water resource conditions
that describes an eventual desired future condition and implies actions toward meeting a
targeted improvement in or maintenance of current high quality of the waters.
Water quality standards - State/tribe-adopted and EPA-approved ambient standards for
waterbodies. There are four parts to an individual water quality standard: designated use,
numeric criteria, narrative criteria, and antidegradation provisions. The standards prescribe
the use of the waterbody and establish the water quality criteria that must be met to protect
designated uses.
Waterbody - Any surface water resource.
Watershed - The land area that drains into a stream, wetland, lake, or coastal waterbody. The
watershed for a major river could encompass a number of smaller watersheds that ultimately
combine at a common point.
Work plan (commitments, tasks, components) - Usually an annual detailed discussion of
the goals and objectives to be addressed through specific actions or activities to implement a
program. Components are the areas of focus; commitments are the activities that support the
accomplishment of the components; and tasks are the specific actions needed to ensure the
commitments are completed on time.
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Handbook for Developing and Managing Tribal Nonpoint Source Pollution Programs Under Section 3/9 of the Clean Water Act
References
ANSI/ASQ (American National Standards Institute/American Society for Quality). 1994.
Specifications and Guidelines for Quality Systems for Environmental Data Collection and
Environmental Technology Programs. ANSI/ASQ E4-1994. American Society for Quality,
Milwaukee, WI.
Burkett, V., J.O. Codignotto, D.L. Forbes, N. Mimura, RJ. Beamish, and V. Ittekkot. 2001.
Coastal Zones and Marine Ecosystems. In Climate Change 2001: Impacts, Adaptation
and Vulnerability. Contribution of Working Group II to the Third Assessment Report of the
Intergovernmental Panel on Climate Change. [McCarthy, J.J., O.F. Canziani, N.A. Leary,
DJ. Dokken, and K.S. White (eds.)]. Cambridge University Press, Cambridge, U.K. and
New York, NY.
. Accessed August 31, 2009.
Christ, M., and M. Pavlick. 2006. Watershed Based Planfor the Decker Creek Watershed, Preston
and Monongalia Counties, West Virginia. Friends of Deckers Creek, Dellslow, WV.
COEICC NRC (Committee on Ecological Impacts of Climate Change, National Research
Council). 2008. Ecological Impacts of Climate Change. The National Academies Press,
Washington, DC.
CTGR (Confederated Tribes of Grand Ronde). 2008a. Confederated Tribes of Grand Ronde Nonpoint
Source Assessment Report. Confederated Tribes of Grand Ronde, Grande Ronde, OR.
CTGR (Confederated Tribes of Grand Ronde). 2008b. Confederated Tribes of Grand Ronde Nonpoint
Source Management Plan. Confederated Tribes of Grand Ronde, Grande Ronde, OR.
IPCC (Intergovernmental Panel on Climate Change). 2007a. Climate Change 2007: Impacts,
Adaptation and Vulnerability. Contribution of Working Group II to the Fourth Assessment
Report of the Intergovernmental Panel on Climate Change [Parry, M.L., O.F. Canziani, J.P.
Palutikof, P.J. van der Linden, and C.E. Hanson (eds.)]. Cambridge University Press,
Cambridge, U.K.
. Accessed August 31, 2009.
IPCC (Intergovernmental Panel on Climate Change). 2007b. Climate Change 2007: Synthesis
Report. Contribution of Working Groups I, II and III to the Fourth Assessment Report of the
Intergovernmental Panel on Climate Change [Pachauri, R.K, and A. Reisinger (eds.)]. IPCC,
Geneva, Switzerland.
. Accessed August 31, 2009.
Part III: Additional Resources for Tribes I 111-21
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Handbook for Developing and Managing Tribal Nonpoint Source Pollution Programs Under Section 3/9 of the Clean Water Act
IPCC (Intergovernmental Panel on Climate Change). 2008. Climate Change and Water. IPCC
Technical Paper VI.
. Accessed August 31,
2009.
JST (Jamestown S'Klallam Tribe). 2007. Protecting and Restoring the Waters of the Dungeness:
A Watershed-Based Plan Prepared in Compliance with Section 319 of the Clean Water Act.
Jamestown S'Klallam Tribe, Sequim, WA.
KT (Karuk Tribe), Department of Natural Resources. Eco-Cultural Resources Management Plan.
Karuk Tribe, Happy Camp, CA.
PTOI (Puyallup Tribe of Indians). 2008. Puyallup Tribe of Indians Nonpoint Management Plan.
Puyallup Tribe of Indians, Puyallup, WA
RCBLSC (Red Cliff Band of Lake Superior Chippewa). 2008a. Tribal Nonpoint Source Assessment
Report. Red Cliff Band of Lake Superior Chippewa, Environmental Department, Red
Cliff, WI.
RCBLSC (Red Cliff Band of Lake Superior Chippewa). 2008b. Tribal Nonpoint Source
Management Plan. Red Cliff Band of Lake Superior Chippewa, Environmental
Department, Red Cliff, WI.
RLBCI (Red Lake Band of Lake Superior Chippewa). 2008a. Nonpoint Source Assessment of
Streams, Lakes and Wetlands. Red Lake Band of Chippewa Indians, Red Lake, MN.
RLBCI (Red Lake Band of Lake Superior Chippewa). 2008b. Nonpoint Source Management Plan.
Red Lake Band of Chippewa Indians, Red Lake, MN.
SBLI (Soboba Band of Luiseno Indians). 2007. Nonpoint Source Assessment Report and
Management Program. Soboba Band of Luiseno Indians, Sanjacinto CA.
SMSC (Shakopee Mdewakanton Sioux Community). 2008. Nonpoint Source Assessment Report.
Shakopee Mdewakanton Sioux Community, Prior Lake, MN.
ST (Suquamish Tribe). 2008. Nonpoint Source Assessment and Management Program. Suquamish
Tribe, Suquamish, WA.
STOI (Stillaguamish Tribe of Indians). 2008. Stillaguamish Tribe of Indians Nonpoint Source
Management Plan. Stillaguamish Tribe of Indians, Arlington, WA.
SYBCI (Santa Ynez Band of Chumash Indians). 2006a. Non-point Source Assessment Report.
Santa Ynez Band of Chumash Indians, Santa Ynez, CA.
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Handbook for Developing and Managing Tribal Nonpoint Source Pollution Programs Under Section 3/9 of the Clean Water Act
SYBCI (Santa Ynez Band of Chumash Indians). 2006b. Non-point Source Management Plan.
Santa Ynez Band of Chumash Indians, Santa Ynez, CA.
UMUT (Ute Mountain Ute Tribe). 2005a. Nonpoint Source Assessment for the Ute Mountain Ute
Reservation of Colorado, New Mexico and Utah. 2005 Revision. Ute Mountain Ute Tribe,
Towaoc, CO.
UMUT (Ute Mountain Ute Tribe). 2005b. Ute Mountain Ute Tribe Nonpoint Source Management
Program Plan for the Ute Mountain Ute Reservation of Colorado, New Mexico and Utah.
2005 Revision. Ute Mountain Ute Tribe, Towaoc, CO.
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