Guidelines and Requirements for Applying for Grants
from the Clean Water Indian Set-Aside (CWISA) Program

                                      Revised Guidelines
                                              July 2013
                                  Effective Date:
                                            FINAL DRAFT

-------
1    EPA-800-B-13-001
2    July 2013

-------
 i    TABLE OF CONTENTS
 2    I.   Introduction	1
 3        A.   Background	1
 4        B.   Program Goals and Performance Measures	2
 5        C.   Program Overview	3
 6    II.   Program Funding	5
 7        A.   Allocation of Funds to EPA Regions	5
 8        B.   Transfer Authority between the Tribal Set Aside Programs	7
 9    III.  Project Eligibility	8
10        A.   Recipient Eligibility	8
11        B.   Project Eligibility	8
12    IV.  Project Selection	11
13        A.   IMS Sanitary Deficiency System	11
14        B.   Selection Procedures	12
15        C.   Coordination with Partners on Project Selection	13
16        D.   Reprogramming Funds from Headquarters to Regions	13
17    V.   Project Initiation	14
18        A.   Project Award	14
19        B.   Direct Grants and Interagency Agreements	14
20             1.   Direct Grant	15
21             2.   Interagency Agreement	16
22        C.   Indian Self-Determination Act	18
23    VI.  Ongoing Project Management	18
24        A.   Construction and Purchasing Requirements	18
25        B.   Tribal  Direct Implementation Nexus (TDI Nex)	18
26        C.   Unobligated Funds	19
27        D.   Unliquidated Obligations	19
28        E.   Quality Assurance Project Plan	19
29        F.   Onsite Septic Systems	20
30        G.   Project Close-Out Procedures	20
31    VII. OWM and Regional Program Responsibilities	20
32        A.   OWM Responsibilities	20
33        B.   Regional Responsibilities	21
34        C.   CWISA Contacts	22
35
      CWISA Guidelines                                                                       July 2013
      DRAFT                                         i

-------
 1    Appendices	23
 2        Appendix A.  Section 518(c) of the Clean Water Act	A-l
 3        Appendix B.  Delegations of Authority for CWISA Grant Funds	B-l
 4        Appendix C.  Federal Cross-Cutting Authorities	C-l
 5        Appendix D.  Guidelines on the Inter-Program Transfer Authority	D-l
 6        Appendix E.  Preliminary Engineering Report Template	E-l
 7        Appendix F.  EPA Tribal Clean Water Program TDI Nex Data Entry Guidelines	F-l
 8        Appendix G.  Project Types/Infrastructure Categories	G-l
 9        Appendix H.  Grant Management and Oversight Requirements	H-l
10        Appendix I.   NEPA Exemption Memo for CWISA Direct Grants	1-1
11        Appendix J.   Interagency Agreement (IA) Standard Terms and Conditions	J-l
12
is    List of Figures
14    Figure 1: CWISA Program Roles and Responsibilities	4
15    Figure 2: IMS Areas and EPA Regions	6
16    Figure 3: Overview of Transfer Authority Process	7
17
is    List of Tables
19    Table 1: IMS Sanitation Deficiency Level Descriptions	3
20    Table 2: FY 2012 Clean Water Indian Set-Aside Funding Allocations by IMS Area	6
21
      CWISA Guidelines
      DRAFT
July 2013

-------
 i    I.      INTRODUCTION
 2    The U.S. Environmental Protection Agency (EPA) Office of Wastewater Management (OWM) developed
 3    these guidelines to document the current policies and procedures for the Clean Water Indian Set-Aside
 4    (CWISA) Program. The program mission  is to protect  public health and the environment and increase
 5    access to wastewater sanitation facilities for tribes. The CWISA Program was established by the 1987
 6    amendments to the Clean Water Act (CWA). It is governed by Section 518(c) of the CWA (Appendix A),
 7    which allows EPA to provide funding for the planning, design, and construction of wastewater treatment
 8    plant facilities that serve federally  recognized Indian  Tribes, Alaska Native Villages (ANV), and certain
 9    tribes in Oklahoma (referred to herein as "tribes"). The  EPA Administrator  has delegated the authority
10    to  award grants to tribes for wastewater infrastructure to the EPA Regions  (Appendix B), which are
11    responsible for the administration of the  regional CWISA programs.
12
13    These guidelines are  designed to support consistency and transparency in program management to
14    further EPA's mission and to meet CWISA Program goals and objectives. They apply to the overall CWISA
15    Program, including how funds are allocated to regions, responsibilities of regions in administering the
16    CWISA Program, and overall administrative policies. These guidelines also define approaches for project
17    eligibility, priority, and selection.

18           A.     Background
19    From its inception in 1987 through federal fiscal year  (FFY) 1990, Congress  funded the CWISA Program
20    by setting aside a  percentage of funds appropriated for the Construction Grant Program (Title II of the
21    CWA).  In 1987, the Clean Water State Revolving Fund (CWSRF) Program was established (Title VI of the
22    CWA).  The CWSRF Program provides capitalization  grant funding primarily  to states, which in turn
23    provide  assistance to municipalities in the form of low interest  rate loans for wastewater treatment
24    projects.1
25
26    Beginning in FFY  1992, Congress provided  EPA the authority to take  a 0.5% set-aside from CWSRF
27    appropriation.  The CWISA Program allocates its portion of CWSRF funds as grants. Tribes may apply for
28    CWSRF loan funds from the state in which the  project is located in addition to  requesting grant funding
29    through the CWISA Program.
30
31    In 1989, EPA drafted Guidelines and Requirements for Applying for Grants from the Clean Water Indian
32    Set-Aside Program, which was then  revised in 1995.  This 2013  guidelines  document replaces and
33    supersedes the 1989  and  1995 documents.  In 2007,  EPA published the Clean Water Indian Set-Aside
34    Grant Program Frequently Asked Questions (referred to as the  FAQ), which offered  more succinct
35    information about the CWISA Program to potential applicants.  The FAQ is scheduled to be revised and
36    republished in  2013/2014. Tribes interested in applying for CWISA Program funds should consult the
37    FAQ available from the CWISA Program or online at http://www.epa.gov/cwisa.
38
39    Although guidelines and requirements for the CWISA Program are based on the requirements of the
40    Construction Grants  Program found  in  40 CFR  Part 35, Subpart  I,  as  well as the  general grant
41    requirements found  in  40  CFR  Part  31, CWISA   Program  requirements  are  more flexible  and
42    administratively simpler. As per the 1989 guidelines:
43
      1 Clean Water Act authority to fund CWISA ended in 1990 with the end of the construction grants program. EPA
      did not have Congressional authority to fund CWISA in 1991.

      CWISA Guidelines                                                                       July 2013
      DRAFT                                         1

-------
 1           Some aspects of this special set-aside program are somewhat different and more flexible than
 2           the Construction Grants Program ...  The Indian Set-Aside Program simplifies administrative
 3           requirements.  However,  existing Construction  Grant Program materials will be used to the
 4           extent they are compatible.
 5
 6    This 2013 guideline update followed  the recent Evaluation  of the Drinking Water and Clean Water
 7    Infrastructure Tribal Set-Aside Grant Programs final report (March 2011).  Recommendations from this
 8    report on improving coordination between  EPA Headquarters and the regions to reach the program's
 9    goals and to protect public health and the environment, are incorporated into the revised policies and
10    procedures discussed herein.
11
12    There are  a  number of federal  laws,  executive orders,  and government-wide policies that apply
13    additional terms to projects and activities receiving federal financial  assistance,  regardless  of the
14    requirements of the CWA. These "cross-cutting federal authorities" include environmental laws such as
15    the National  Historic Preservation Act,  the Wild and Scenic Rivers Act, social  and economic  policy
16    authorities  such as Executive Orders  on   Equal  Employment Opportunity,  and  government-wide
17    debarment and suspension rules. These cross-cutting authorities apply to all  EPA assistance agreements
18    (both grants and interagency agreements [lAs] with Indian Health Service). A list  of these cross-cutting
19    laws is contained in Appendix C.  A more detailed description of the Federal laws,  Executive Orders,
20    Office of Management  and Budget (OMB)  Circulars, and their implementing  regulations  is available
21    through   the  Office   of  Grants   and   Debarment   (OGD)   Grants  Intranet  website   at
22    http://intranet.epa.gov/ogd/ or through the  Regional Grants Management Office.

23           B.     Program  Goals and Performance Measures
24    The CWISA Program's primary goal is to protect public health  and the environment in Indian country by
25    increased access to basic sanitation facilities for tribal residents.  By working towards this goal, the
26    program  is  also  supporting EPA's  FY2011-2015 Strategic Plan as well as the Government Performance
27    and Results Act (GPRA) structure, which is used to measure EPA's progress in meeting its strategic goals.
28    Currently, Goal  2 of EPA's Strategic  Plan,  Protecting America's  Waters,  Objective  2.1:  Protect and
29    Restore Watersheds and Aquatic  Ecosystems, contains one measure  by which the CWISA Program is
30    evaluated:
31
32           Number of American Indian and Alaska  Native homes provided access to basic sanitation in
33           coordination with other federal  agencies (cumulative). (By 2015: 77,600 homes) (Measure #
34           WQ-24)
35
36    At the  CWISA Program  level, OWM tracks  the percent of American Indian and  Alaska Native  homes
37    lacking access  to  basic  sanitation  in  accordance  with  EPA's  Strategic  Plan and  evaluates  the
38    improvements to this performance measure over time. The definition of access to  basic sanitation is
39    related to the deficiency level (DL) of the tribal homes  within an  Indian Health Service  (IHS)  Area
40    community as assigned by the IHS, which ranges between 1 and 5, with DL  5 being the greatest
41    deficiency to access (Table 1).
      CWISA Guidelines                                                                       July 2013
      DRAFT                                         2

-------
 1    Table 1: IMS Sanitation Deficiency Level Descriptions
 2
 3
 4
 5
 6
 7
 8
 9
10
11
12
13
14
15
16
17
18
19
20
21
22

23
24
25
26
27
      Sanitation
      Deficiency Level
      DL5
      DL4
      DL3
      DL2
      DL1
                                               that lacks a safe water supply and a sewage disposal
Description
An Indian tribe or communit
system.
An Indian tribe or community with a sanitation system which lacks either a safe water
supply system or a sewage disposal system.
                  An Indian tribe or community with a sanitation system which has an inadequate or
                  partial water supply and a sewage disposal facility that does not comply with applicable
                  water supply and pollution control laws, or has no solid waste disposal facility.
                  An Indian  tribe or community with a  sanitation  system which complies with  all
                  applicable water supply and pollution control laws, and in which the deficiencies relate
                  to capital improvements that are necessary to improve the facilities in order to meet the
                  needs of such tribe or community for domestic sanitation facilities.
                  An Indian  tribe or community with a  sanitation  system which complies with  all
                  applicable water supply and pollution control laws, and in which the deficiencies relate
                  to routine replacement,  repair, or maintenance needs. A minimum level of technical
                  assistance is required from the IHS. Note: Level 1 deficiencies are the responsibility of
                  the respective tribe or others. Level 1 deficiencies will have lower priority ranking and
                  will not be on the list requesting  funding but will be reported to Congress  as a
	| deficiency.
 Source: Guide for Reporting Sanitation Deficiencies for Indian Homes and Communities: Working Draft (May 2003). IHS, Office
 of Environmental Health and Engineering, Division of Sanitation Construction, available online at: http://www.ihs.gov/dsfc/

 Progress  is made towards this measure when funded  projects  decrease the initial deficiency level of
 homes from either 5 or 4, which represent homes that lack access to  basic sanitation, to a final DL of 3,
 2, or I.

 In 2000 the  United  States made commitments at the World Summit on Sustainable Development  and
 agreed to support a United Nations Millennium Development Goal to improve access to safe drinking
 water and basic sanitation around the world. As one way to meet this commitment, the CWISA Program
 coordinates  nationally with other federal partners through the Tribal Infrastructure Task Force (ITF) to
 measure  and improve the performance of tribal programs to meet the goal of increased access. The ITF
 is an inter-agency group initiated under a 2007 memorandum  of understanding (MOU) among EPA,  IHS,
 U.S. Department of Agriculture (USDA), Department of the Interior (DOI), and Department of Housing
 and Urban Development (HUD). In November 2011, the task force refocused its commitment to support
 increased access to basic sanitation (and safe drinking water) in Indian country by encouraging increased
 sustainability of tribal  infrastructure.  In  March 2013   the ITF federal  partners  confirmed  their
 commitment to coordinate and  share  resources by signing an  MOU renewal to provide sustainable,
 long-term access to safe drinking water and basic sanitation in Indian  Country. The  CWISA Program will
 work with the ITF2 and its partners to the greatest extent practicable in meeting CWISA and ITF goals
 and objectives.

        C.     Program Overview
 There are many active partners that  participate  in the  CWISA  Program.  Each  has  responsibilities
 throughout the different stages  of the program, from developing these  Guidelines,  project selection,
 dispersing funds, and managing project construction  progress.  Figure 1  provides  an overview of the
 CWISA Program activities and the  overarching roles and  responsibilities of agencies and offices that
      2 More ITF information including the MOU are at: http://www.epa.gov/tp/trprograms/infra-water.htm

      CWISA Guidelines
      DRAFT                                          3
                                                                                         July 2013

-------
1    participate in the program. The primary partners are EPA Headquarters, Interagency Agreement Shared
2    Service Center  (IASSC) West, EPA's  Grants  Management  Office  (GMO),  EPA  Regions,  IMS,  and
3    tribes/ANVs.
4                            Figure 1: CWISA Program Roles and Responsibilities
Headquarters
IASSC or GMO
Region
IHS
Tribe/ANV

r
Select
projects*
^
.
Report
projects to
HQ*


Consult with Regions on project
selection

Reprogram
funds*





EPA and IHS enter into IA
1

EPA and Tribe/ANV enter into
direct grant
	 r"
^-\

Report on
measures*


Report
project
progress
                                         Closeout project
                  * Actions associated with the transfer authority may also apply to these activities (see Section H.B.).
     CWISA Guidelines
     DRAFT
July 2013

-------
 i    II.     PROGRAM FUNDING
 2    The award funding process for the CWISA Program begins with Congressional appropriation of funds to
 3    the EPA Clean Water SRF Program.  OWM then issues an annual memo to regions about the availability
 4    of tribal set aside funds and the amount by IMS area. Regions identify eligible projects and submit these
 5    projects to OWM. OWM in turn  reprograms funds to regions for these projects, and regions  begin the
 6    award process by consulting with IMS and tribes about administering program funds to specific  projects.

 7           A.     Allocation of Funds to EPA Regions
 8    Funding for the CWISA Program  is provided as a percentage of appropriations to the SRF Program.  The
 9    CWA declares that the CWISA Program will receive 0.5% of the overall SRF appropriation;  however, over
10    time the annual Congressional appropriations have increased the percentage to 2%.   The percentage is
11    defined annually in the appropriation from Congress and can change in future appropriations.
12
13    The amount of funding available to an EPA Region is based on its tribal wastewater needs, as  identified
14    in the  IMS Sanitary Deficiency System (SDS) database. The SDS database  maintains an inventory of
15    sanitation deficiencies for new and existing Indian homes and communities. The database is updated
16    annually to account for inflation and changing state and federal standards; to add new deficiencies; and
17    to delete deficiencies that have been  addressed by projects funded by IMS and other entities such as
18    EPA. Annually in November, a "snapshot" of the database is taken and projects listed in the  system at
19    that time are the only ones considered when projects are identified for the FFY appropriations. As noted
20    later in these guidelines, only projects listed in the SDS database are eligible for CWISA Program funds.
21
22    Under ordinary circumstances, the President submits a budget request to Congress in early February of
23    each year to fund the following FFY.  Once funds are appropriated by Congress  and OWM receives
24    notification of the final CWISA Program budget for that FFY, OWM will distribute a memo describing the
25    CWISA funding for that fiscal year and how it is allocated.  The distribution  of funds is based  on an IMS
26    Area's percentage of total wastewater  need in the SDS database.  For example, if an IMS Area has 15% of
27    the total need listed in the SDS database, than that Area Office is allocated 15% of the  annual CWISA
28    Congressional allotment. The needs calculations are based on IMS identified feasible3 wastewater need,
29    not total wastewater need. As an example, Table 2 describes the FFY 2012 wastewater (sewer) need and
30    CWISA regional funding allocations.
31
32    As demonstrated in Table 2, EPA Regions  and IMS Area boundaries differ (Figure 2).  In some  instances,
33    an EPA Region may overlap more than one IMS Area, and more than one EPA Region can be in a single
34    IMS Area. Given that funding is allocated based on identified need by IMS Area, regions within the same
35    IMS Area are to work together to prioritize projects in that Area. Regions and IMS Area  Offices should
36    plan to coordinate on  project  selection and  prioritization  to achieve  maximum impact, reduce
37    duplication of effort, and leverage resources to support program goals.
      3 Feasible is defined by IMS as economically feasible based primarily on the threshold unit costs set for each state.

      CWISA Guidelines                                                                       July 2013
      DRAFT                                         5

-------
1    Table 2: FY 2012 Clean Water Indian Set-Aside Funding Allocations by IMS Area
IMS Area
Aberdeen
Albuquerque
Anchorage
Bemidji
Billings
California
Navajo
Nashville
Oklahoma City
Phoenix
Portland
Tucson
TOTAL:
FY12 Wastewater Pe
M««,l *
u,.,-^-
$33,616,368
$42,756,756
$167,099,242
$29,067,490
$17,909,012
$48,501,139
$90,649,197
$15,944,900
$82,947,890
$32,826,410
$32,710,426
$1,800,000
$595,828,830
rcent of Total
Sewer Need
5.6%
7.2%
28.0%
4.9%
3.0%
8.1%
15.2%
2.7%
13.9%
5.5%
5.5%
0.3%
100%
FY12 EPA CWISA
Funding Level
$1,643,737
$2,090,674
$8,170,640
$1,421,311
$875,696
$2,371,557
$4,432,467
$779,657
$4,055,897
$1,605,111
$1,599,439
$88,014
$29,134,200
EPA Region
Applicability
7&8
6&8
10
5
8
9
6, 8&9
1, 2, 4 & 6
6&7
8&9
10
9

2
3
4
*Sewer (wastewater) need calculated from the November 1, 2011 SDS database snapshot.

                               Figure 2: IMS Areas and EPA Regions
                                   Indian Health Service (IHS) Areas &
                             Environmental Protection Agency (EPA) Regions
                                                        Aberdeen
                                                        Alaska
                                                        Albuquerque
                                                        Bemidji
                                                        Billings
                                                        California
                                                                   Nashville
                                                                   Navajo
                                                                   Oklahoma City
                                                                   Phoenix
                                                                   Portland
                                                                   Tucson
                                                                      "Source: IHS GIS
     CWISA Guidelines
     DRAFT
                                                                                       July 2013

-------
 1    For planning purposes, the CWISA regional funding levels can be estimated from the President's budget.
 2    This may be useful to a region if it is evaluating the potential to transfer funds  between the CWISA
 3    Program and the Drinking Water Infrastructure Grant Tribal Set-Aside (DWIG-TSA) Program as discussed
 4    below in Section II. B.
 5
 6    Once OWM notifies regions of the allotments by IMS Area, regions have 60 days to select projects and
 7    notify OWM of their allocation of funds to the tribes. OWM will reprogram funds to the regions after
 8    their projects have been identified and approved by OWM. It should be noted that all funds that support
 9    projects for the Navajo  Nation are administered  through  EPA Region 9.4   The Catalog of Federal
10    Domestic Assistance (CFDA) code for the CWISA program is the same as for  the CWSRF, which is 66.458,
11    Capitalization Grants for Clean Water State Revolving Funds.

12           B.      Transfer Authority between the Tribal Set Aside Programs
13    In  FFY 2012, Congress provided EPA with the authority to transfer funds between the DWIG-TSA and
14    CWISA Programs up to an amount that is equivalent to 33% of  a region's DWIG-TSA allotment.  EPA
15    began implementing this authority in FFY 2013. The transferred funds may be used to fund projects that
16    are related to either drinking water or clean water infrastructure and will provide the greatest public
17    health benefit to tribes. To determine the amount of funds that could  be transferred in each region,
18    OWM and the Office of Ground Water and  Drinking Water  (OGWDW) provide funding levels based on
19    EPA Regions.  For the first transfer within each region the Regional Administrator  must obtain EPA
20    Headquarters' concurrence.  For transfers subsequent  to the first transfer, the regions are to consult
21    with EPA Headquarters through notification of the intent to transfer and a transfer justification. Figure 3
22    provides an overview  of the transfer process for both the CWISA and DWIG-TSA Programs. Appendix D
23    contains the guidelines that outline the process for an inter-program funds transfer.
24
25                             Figure 3: Overview of Transfer Authority Process
                                          Regional Allotment Calculations
                         OWM/OGWDW includes allotments and maximum amount available for transfer.
                                             Notification of Transfer
                                 Regi o n s n o t ify 0 WM / 0 G WD W of i n teres 11 o t r a n sf er f u n d s.
                                              Transfer Justification
                         Regions submit justification to OWM/OGWDW (See Requirements in Appendix D).
                                           Transfer Justification Review
                                       Justification reviewed by OWM/OGWDW.
26
                                             Funds deprogramming
                       Upon consultation (concurrence for first regional transfer^OWM/OGWDWreprograms
       September 9, 1991.  Memorandum of Agreement between the Navajo Nation  and EPA Regions 6, 8 and 9
      Regarding the Implementation of Environmental Standards and Regulations on the Navajo Nation.
      CWISA Guidelines
      DRAFT
July 2013

-------
 i    III.    PROJECT ELIGIBILITY
 2    Project eligibility is  based on  both  the funding recipient and the type of project activity.  Applicants
 3    themselves must be eligible recipients of funds. CWISA Program funds can only be used for projects that
 4    will increase a tribe's or ANV's access to wastewater sanitation, and these  projects must be listed in the
 5    IMS SDS database. The following sections provide details on who can receive CWISA Program funds and
 6    how regions can determine which project activities are eligible for funding.

 7           A.     Recipient Eligibility
 8    Any Indian tribe, band, group, or community recognized by the Bureau of Indian Affairs is eligible for
 9    funding through the CWISA Program, unless they have been deemed ineligible to receive federal funds
10    by another agency or department of the federal government.  Former Indian reservations in Oklahoma,
11    as determined by the Secretary of the Interior, as well as ANVs are also eligible. Tribes and ANVs are
12    defined by Congress and lists are updated as needed  in the Federal Register (the most recent list is in
13    Federal Register, Volume 78, Number 87 dated May 6, 2013 [78 FR 26384]).
14
15    There is no formal limit on service to non-native people living in a CWISA project service area. The CWA
16    states that grants shall  serve federally recognized tribes. Generally, a sanitation project that improves
17    access for members of a federally recognized tribe can receive funding regardless of the number of non-
18    tribal residents living in the service area.
19

20           B.     Project Eligibility
21    CWISA Program funds are used to develop wastewater treatment  management plans, prepare design
22    documents, and construct wastewater treatment works for federally recognized tribes. Funds should be
23    used to support the program goal  to increase access to wastewater  sanitation for Indian tribes  and
24    ANVs.    Projects must be listed on the IMS SDS database in  order to receive  CWISA funds.   To the
25    greatest  extent practical projects should include sustainability  concepts to ensure the wastewater
26    infrastructure meets or exceeds its design life.
27
28    Eligible projects that can be funded through the CWISA are identified by these Guidelines, and, where
29    consistent with these Guidelines, by the government-wide cost principles  (e.g. OMB Circular A-87)  and
30    EPA regulations in Appendix A of 40 CFR, Part 35,  Subpart I.  Projects eligible for CWISA Program funds
31    must be related to wastewater system infrastructure, and can include consideration of advancements in
32    new technology to treat wastewater. Examples of CWISA eligible activities  include:
33
34       Project Planning and Design
35       •   Preparation of a preliminary engineering report (PER);
36       •   Acquisition of land parcels that are an integral part of the wastewater treatment process or used
37           for the ultimate disposal of treatment residues;5 and
38       •   Travel costs associated with planning and design, site inspections, and construction
39           administration.
40
41
      5 Non-discharging lagoons are one type of treatment for which land costs are eligible. Grant funds cannot pay for
      acquisition for right-of-way access, unless the land will be an integral part of the treatment process.

      CWISA Guidelines                                                                        July 2013
      DRAFT                                         8

-------
 1        Infrastructure Construction
 2        •   Construction of centralized wastewater treatment facilities (conventional or alternative);
 3        •   Major sewer rehabilitation;
 4        •   Decentralized, onsite wastewater treatment systems;
 5        •   Collector sewer pipelines;
 6        •   Correction of combined sewer overflow systems;
 7        •   Construction of modular bathrooms provided that wastewater is treated (e.g., composted or
 8           incinerated) within the bathroom system;6 IMS has recommended modular bathrooms can be
 9           the best interim solution  in certain cases where buildings lack indoor plumbing;7
10        •   The construction of ancillary plumbing facilities such as a bathroom or laboratory sink within a
11           new or upgraded treatment works plant;
12        •   Infrastructure associated with biosolids management, such as equipment to support sludge
13           drying, transportation, pelletization and/or land application;
14        •   Wastewater collection and treatment for homes built with HUD funds;8
15        •   Purchase of wastewater pumping & hauling vehicles; and
16        •   Lateral/service lines to existing homes that will increase access to basic sanitation. A "lateral
17           connection" is a conveyance pipe from the property line that connects to an offsite sewage
18           collection system via a lateral or main  pipe. The term "lateral connection" does not include the
19           pipe from an individual house to the property line.  In communities that do not have defined
20           property lines, lateral connections can be provided up to five feet from an individual house.9
21
22        Project Follow-Up
23        •   Drafting as-built drawings of the funded wastewater treatment systems;
24        •   Developing site specific operation and maintenance (O&M) manuals for equipment directly
25           associated with the project;
26        •   Creating and posting a certificate to operate;
27        •   Replacement parts (e.g., pumps, motors) for equipment directly associated with the project and
28           necessary to  assure uninterrupted operation  of the  facility, provided they are critical parts or
29           major systems components which are: (1) not immediately available and/or whose procurement
30           involves an extended 'lead-time;'(2) identified as critical by the equipment supplier(s); or (3)
31           critical but not included in the inventory provided by the equipment supplier(s);
32        •   Chemicals for one year following construction completion (unless contractually described
33           otherwise) for equipment directly associated with the project;
34        •   Sampling and monitoring for one year following construction completion;
35        •   Costs associated with the training of operators  on new equipment or infrastructure as long as
36           training occurs within one year of construction completion. This can include travel costs needed
37           for operators to be trained on new infrastructure specifically associated with the project;
       Modular bathrooms are often pre-fabricated, portable facilities with basic bathroom amenities. In 2009, basic
      units cost between $7,500 and $8,500 including handicap fixtures; installation is more cost-effective when facilities
      are constructed as a bundled group of 15-20 (at a minimum) units. Information collected from IMS Tucson Modular
      Bathroom Project 2009 Briefing Paper (October 22, 2009).
      7 IMS Tucson Modular Bathroom Project 2009 Briefing Paper (October 22, 2009).
      8 IMS does not permit the use of IMS funds for HUD homes; however, CWISA funds may be used for HUD homes.
      9 Appendix  A  of 40 CFR, Part  35, Subpart  I (Construction Grants regulations)  state that funding for lateral
      connections is  an allowable cost for small wastewater systems (Determination of Allowable Costs, Section C).  IHS
      has used CWISA funding to provide lateral connections up to five feet from an individual home.

      CWISA Guidelines                                                                          July 2013
      DRAFT                                          9

-------
 1        •   The ordinary operating expenses of a local government related to the infrastructure
 2           construction (e.g., preparation of routine financial reports and studies, preparation of
 3           applications and permits, etc.) only during construction and within one year following
 4           construction completion; and
 5        •   Costs for mobile equipment necessary for the operation of the overall wastewater treatment
 6           facility, transmission of wastewater or sludge, or for the maintenance of equipment, these items
 7           include: (1) portable stand-by generators; (2) portable emergency pumps to provide "pump-
 8           around" capability in the event of pump station failure or pipeline breaks.
 9
10    Consistent with the goals of the ITF, Tribes and regional Staff are  encouraged to consider projects that
11    increase the sustainability and  longevity of existing  and proposed sanitation facilities. Projects  may
12    include the following,  provided they are  directly related to the current  or future improvement or
13    upgrade of infrastructure and  meet CWISA Program access goals.  Should a region choose to fund these
14    types of projects, it is the region's responsibility to document how the project meets the program's goal
15    and direction under the CWA and how the selected project is  prioritized above other potential projects.
16    Eligible projects or facets of projects that support the long term  operation of  sanitation facilities may
17    include:
18
19        •   Development of an asset management plan. Asset management is an important component of
20           a utility's long term management plan and provides needed information on the need for, and
21           timing of, future infrastructure improvements that will help support the sustainability of a utility
22           and allow the tribe to better plan for improvements.
23        •   Inflow/infiltration planning studies that identify and prioritize critical infrastructure upgrades to
24           improve the efficiency of operations can use CWISA funds,  including conducting camera
25           assessments of pipes to determine their condition - as long as there is a  reasonable expectation
26           that the planning study will result in a capital project.
27
28    Projects that are not related to wastewater  system  infrastructure are ineligible for CWISA Program
29    funds. Examples of ineligible activities include:
30
31        •   Travel for activities not specifically associated with the project such as general staff training;
32        •   Indoor residential plumbing facilities such as sinks, commodes, tubs, and drains that do not
33           provide treatment on their own, and are not associated with the construction of treatment
34           works facility;
35        •   Operator training beyond task-specific operations for new equipment or technology;
36        •   Operator wages;
37        •   Construction of wastewater treatment  works that don't provide service to residential homes
38           (e.g. casinos, truck stop, etc.);
39        •   Routine sampling and monitoring more than one year after system start up;
40        •   Utility bills associated with utility operations;
41        •   Ongoing O&M costs. The CWA does not define the term "construction" to include operation and
42           maintenance.  CWISA Program funds cannot be used to pay for the cost of O&M of the
43           wastewater facility, nor can they be used to pay for repairs to the treatment system in
44           emergency situations;
45        •   A project specifically designed to meet  projected population growth is not eligible for CWISA
46           funds; however, a facility constructed to meet existing needs is typically designed with flexibility
47           to accommodate some future expansion. A project that was submitted primarily to meet future

      CWISA Guidelines                                                                        July 2013
      DRAFT                                         10

-------
 1           needs (such as projects necessary to meet projected population growth) is ineligible for CWISA
 2           funding; and
 3        •   Greater than one year following construction completion and issuance of final report, the
 4           ordinary operating expenses of a local government, even as it relates to the infrastructure
 5           construction project (e.g., salaries and expenses of elected or appointed officials, preparation of
 6           routine financial reports and studies, preparation of applications and permits, expenses related
 7           to bond issuance, electricity, etc.).
 8

 9    IV.    PROJECT SELECTION
10    Projects are selected by regions from the IMS SDS database  priority list.  Regions may coordinate with
11    other EPA Regions and IMS Areas to select projects with the highest priority that meet the greatest need.
12    These projects are then submitted to OWM as discussed  under the Ongoing  Project Management
13    section.
14
15           A.     IHS Sanitary Deficiency System
16    Since  1995, regions have been directed to identify projects for CWISA Program funds from the  IHS SDS
17    database.10 The SDS database is one of six components of the Sanitation Tracking and Reporting System
18    (STARS), a web-based database that is used by IHS to calculate metrics and track its program's progress.
19    The SDS  database maintains  a list of  sanitation infrastructure deficiencies and prioritizes projects to
20    address Indian homes that lack access and have the greatest need.
21
22    Each IHS  Area Office is responsible for tracking potential projects to remedy tribal needs or deficiencies
23    as well as for conducting deficiency evaluations of each project in order to  prioritize projects.  For
24    projects with multiple phases, each phase usually is evaluated separately.  Each Area  uses the same SDS
25    project evaluation methodology, which considers eight factors with unique point ranges.11  The major
26    objective is for IHS Areas to use these factors  and point ranges to uniformly  evaluate  proposed
27    sanitation facility projects within the Area. The eight factors are briefly described below:
28
29        •   Health impact: The reporting of a disease or other adverse human health effect that is  directly
30           attributable to water, sewer, or solid waste,  or a water, sewer, or solid waste condition that
31           could adversely impact human health, but has  not affected it at that time.
32
33        •   Existing deficiency level: Each deficiency level is assigned points.
34
35        •   Adequate previous service: Piped water and  sewer were brought  into the home (except for
36           some remote arctic and desert locations) by IHS or with other federal funds and the sanitation
37           facilities provided met the existing standards at the time.
38
39        •   Capital cost: The unit cost of the proposed facilities is compared  to the average unit cost (not
40           the allowable unit cost) of all water, sewer, and solid waste services in the IHS Area.
41
      10 Stephen P. Allbee, March 211995, Memorandum: Notice of Change - Indian Set-Aside Program National Project
      Priority List.
      11 IHS 2003 SDS Working Draft, online at: http://www.ihs.gov/dsfc/

      CWISA Guidelines                                                                         July 2013
      DRAFT                                         11

-------
 1        •   Local tribal priority: IMS Area Offices consult with tribes. Tribal priority setting should be based
 2           on established tribal procedures which give consideration to health conditions.
 3
 4        •   O&M capability: Based on past performance and current tribal intent and capability. The "ability
 5           to afford" the proposed facilities should be factored into the score.
 6
 7        •   Tribal contributions: This is an optional factor per collective tribal consultation and  should  be
 8           applied uniformly for all tribes and all  projects across the IMS Area. Area Offices are  instructed
 9           to prorate points  based on the  amount of contributions received from other  sources. The
10           contributed funds must be available to be spent during the next fiscal year.
11
12        •   Local conditions: This factor should only  used as a negative value and only with  specific tribal
13           concurrence. Points for this factor should only be assigned in unusual situations and only by the
14           Director,  Division  of  Sanitation  Facilities Construction, for  the IMS Area. Some reasons for
15           assigning  points under this factor might  be the need to phase projects, a backlog  of current
16           projects, or project impediments such as legal or jurisdictional disputes.

17           B.      Selection Procedures
18    The CWA requires that the projects selected to receive funds are to  address water quality  and public
19    health needs.  Annually, in early November, OWM CWISA staff are scheduled to provide the IMS SDS
20    priority lists to regions based  on the annual IMS SDS database snapshot. The entire SDS priority list for
21    each IMS Area is composed of two separate files. One file is a list of "included" projects in  each Area
22    which is IHS's list of projects that they reported to Congress. The second file  is of "excluded"  projects in
23    each Area, which  are projects contained in the SDS, but not reported to Congress by IMS as eligible IMS
24    projects.  These include projects that can  be funded by other agencies but not by IMS, such as sanitary
25    facilities for  HUD funded homes.  Together, the two files make up the entire SDS priority list for each IMS
26    Area.  CWISA may fund projects that are on either list.
27
28    Using the SDS lists the CWISA Program project selection process is as follows:
29
30        1.  Regions select projects from the SDS list, which is generated from the most recent SDS database
31           snapshot (typically done during the second week of November of each year).
32        2.  Regions, working together and with IMS, start from the highest priority at the top of the list and
33           work down the list to identify projects, regardless of EPA Region, until all CWISA funds are
34           associated with defined projects.
35        3.  Regions select projects that are within the range of CWISA funding or the combined funding
36           from CWISA and other federal agencies for the respective IMS Area.
37        4.  Regions may not skip over projects that are within the range unless there is a compelling reason
38           to do so.  In such cases, the EPA Region is to provide an explanation to OWM for discussion and
39           approval.
40    The CWISA program  often funds projects that require the development of a Preliminary Engineering
41    Report (PER) that documents the existing  facilities, the deficiency, alternatives and costs. The existence
42    of a PER is a ranking criteria within the eight IMS evaluation factors.  As part of the ITF efforts,  federal
43    agencies have collaborated to develop consistent requirements and a standardized template for PERs
44    submitted to all  federal agencies that build tribal wastewater infrastructure,  which is provided  in
45    Appendix E. The standardized PER makes it easier for tribes to receive funding from more than one
46    federal source and simplifies coordination between federal agencies.  No CWISA funds will be awarded


      CWISA Guidelines                                                                         July 2013
      DRAFT                                        12

-------
 1    without the submission of a PER in accordance with the standardized template, unless it is determined
 2    that a PER is not required.  If a proposed project is limited in scope, EPA regional staff and/or IMS can
 3    decide that a PER is not required.  Examples of a  limited scope project that may not need a PER may
 4    include onsite septic system installation, or a lift station pump replacement.
 5
 6    If the development of a  PER  is chosen  for  CWISA funding, regional  staff are encouraged to use
 7    professional judgment in evaluating the cost of PER preparation based on local conditions within their
 8    region. The project associated with the report may be funded in a future fiscal year when the report is
 9    complete (even if the paperwork closing out the PER completion project is not complete). The project
10    may remain on the SDS list while the PER is developed, and will likely be ranked higher on the SDS list
11    upon completion of the PER.
12
13    The availability of a certified operator is  part  of the IMS  ranking criteria  as well and therefore will
14    increase the prioritization of a project on the SDS list. Under the CWA, applicants to the CWISA Program
15    are not required to have a certified wastewater operator;12 however, it is encouraged by EPA.  When
16    regions select projects for the CWISA Program, a  region should consider that a certified operator will
17    greatly increase the sustainability of a system, improve public health and environmental protections,
18    and ensure that funds are applied to projects with long-term O&M capacity.

19           C.     Coordination with Partners on Project Selection
20    Using  the SDS,  IMS and EPA work  together to prioritize projects with the greatest need.  If a region
21    overlaps with more than one IMS Area, all  Area Offices must be consulted.  Likewise, if more than one
22    EPA Region is within a single IMS Area,  regions  must work together in identifying  projects.  These
23    processes require EPA to have access to STARS.  EPA regional  staff are to contact their local IMS Area
24    Office to gain access to STARS for that Area.  Access to STARS is unique for each IMS Area;  therefore,
25    some  regions will  need access for  multiple Areas.   Regions and IMS Area Offices should  plan  to
26    coordinate on project selection  and prioritization  to achieve maximum  impact, reduce duplication  of
27    effort, and leverage resources to support program goals.

28           D.     Reprogramming Funds from Headquarters to Regions
29    After EPA Regions have consulted with the appropriate parties and identified projects, they will submit
30    information for each project to OWM.  Once project information is received,  reviewed, and approved  by
31    OWM, the funds will be reprogrammed from OWM to the region.  Following project identification, the
32    region will need to provide to OWM and IASSC the EPA grant or IA number and the IMS Project Data
33    System (PDS) number, as appropriate.  Headquarters will use this information to track project progress.
34
35    Regional  staff are to submit this information to OWM through the EPA Tribal  Clean Water Program
36    Direct Implementation Nexus (TDI Nex).  The purpose of TDI Nex is  to provide a comprehensive picture
37    of the CWISA Program and to  demonstrate the  realized  public health benefits of CWISA projects.
38    Gathering information through TDI  Nex allows OWM to respond to EPA management, Congress, tribes,
39    and other stakeholders that  request information  on the accomplishments achieved through the
40    program. This system  also allows  the regions access  to aggregate CWISA program data. TDI Nex is
41    discussed further in Section VI. B. and its guidelines are in Appendix F.
42
      12 The CWA does not provide EPA with the authority to require a certified wastewater treatment plant operator;
      the SDWA does provide the authority for the DWIG-TSA program.

      CWISA Guidelines                                                                       July 2013
      DRAFT                                        13

-------
 1    Information about each funded project must include (to the practical extent possible) the following:
 2
 3        1.  Project name;
 4        2.  Project description;
 5        3.  Tribe/ANV name;
 6        4.  IMS Area name;
 7        5.  IMS SDS number;
 8        6.  SDS priority number;
 9        7.  Amount of CWISA funds requested;
10        8.  Total project cost;
11        9.  Number of homes served by the project;
12        10. IMS SDS initial deficiency level for the project;
13        11. IMS SDS final deficiency level for the project;
14        12. Funds to be distributed through a direct grant with a tribe or an IA with IMS; and
15        13. Project type13 (piping, treatment, onsite, planning, etc.).
16

17    V.     PROJECT INITIATION
18    The CWISA Program is managed locally by nine of the ten EPA Regions which oversee tribal programs.
19    EPA Region 3 is not included  as there are  currently no federally recognized tribes within this region.
20    Regions are responsible for identifying and  prioritizing projects that meet program goals, ensuring that
21    the funds are obligated in a timely fashion, and monitoring and tracking projects through completion.

22           A.     Project Award
23    Once regions  are notified of their allotment for the  FFY, they work with the local IMS Area Office to
24    identify projects for funding from the SDS list. Since the IMS Area and EPA Regional boundaries differ,
25    coordination between the regions and  IMS Areas will be necessary to identify projects and regional
26    allocation.
27
28    Following project identification, regions notify the selected tribes of their project selections. Should a
29    tribe decline to participate in a project, EPA  and IMS will revisit the SDS lists from the previous November
30    snapshot to identify additional eligible project(s) until all funding for the FFY has been obligated.

31           B.     Direct Grants and Interagency Agreements
32    Once a tribe is notified of its  award, they have two methods they can use to implement the project.
33    They may request to administer the project funds themselves through a  direct grant,  or they may
34    request that IMS administer the project funds for them.14 To qualify for a grant, the tribe must meet the
35    grant requirements listed in Appendix H  and the region must determine that the tribe has the necessary
36    capacity to successfully complete the project, following an approved grant work  plan. EPA regions work
37    with the tribe to determine how to best administer  the  project. In either situation, EPA Regions are
38    responsible for managing the  award and for administering and tracking  project progress after award.
39    There are a  number  of federal laws,  executive  orders, and government-wide policies that  apply
      13 Project types or infrastructure categories are further described in Appendix G.
      14 Between 2003 and 2009, approximately 95% of CWISA funds were distributed through lAs with IMS (Evaluation
      of the Drinking Water and Clean Water Infrastructure Tribal Set-Aside Grant Programs final report, March 2011).

      CWISA Guidelines                                                                        July 2013
      DRAFT                                         14

-------
 1    additional terms to projects and activities that receive federal financial assistance.  A list of these cross-
 2    cutting laws is contained in Appendix C.

 3                   1.      Direct Grant
 4    The CWA gives EPA the authority to award grants directly to tribes. All tribes recognized by the Bureau
 5    of Indian Affairs are eligible to receive grants from the CWISA Program unless they have been deemed
 6    ineligible to receive federal funds by another agency or department of the federal government.
 7
 8    Direct grants to tribes through the CWISA Program are subject to EPA assistance agreement regulations,
 9    OMB cost principles, the Cash Management Improvement Act, and additional EPA policies. To qualify for
10    a grant, the tribe must meet the grant requirements listed in Appendix H and the region must determine
11    that the tribe has the necessary capacity to successfully complete the project, following an approved
12    grant work plan. If EPA approves a tribe's request to administer the grant itself, a grant agreement is
13    signed  between EPA and the tribe and grant regulations must be followed.
14
15    The grants must be awarded and managed as any other assistance agreement. The Office of Grants and
16    Debarment (OGD) has developed Orders, Grants Policy Issuances (GPIs) and directives to assist project
17    officers and program  offices in fulfilling  and  understanding their  responsibilities.15 Several grant
18    requirements are discussed further in Appendix H, which describes the requirements to be met for a
19    direct grant through EPA.
20
21    CWISA projects that are  administered through direct grants with EPA  are exempt  from  National
22    Environmental Policy Act (NEPA) requirements;16 however, there is a voluntary NEPA  process available
23    to tribes (further  details in  Appendix  I).  Projects administered  through  lAs must  follow  the
24    environmental review requirements of IMS.
25
26    Currently EPA Order 5700.7, Environmental Results under EPA Assistance Agreements," applies to all
27    funding packages submitted to  the Grants Management Offices and is implemented through existing
28    regulatory requirements for work plan development and performance evaluation in 40 CFR Part 35. The
29    Order requires EPA project officers to, among other things:
30
31         1.  Link proposed assistance agreements to EPA's Strategic Plan/GPRA architecture;
32         2.  Ensure that outputs and outcomes are appropriately addressed in assistance agreement work
33             plans and funding recommendations; and
34         3.  Ensure that progress in achieving agreed-upon outputs and outcomes is adequately addressed
35             in recipient progress reports and advanced monitoring activities.
36
37    EPA Order 5700.7 also establishes requirements for project officer review  of construction and non-
38    construction, as well as interim and final recipient performance reports for progress in achieving outputs
39    and outcomes contained in assistance agreement work plans.  Under 40 CFR Part 31,  EPA may require
40    recipients to submit performance/progress reports as frequently as quarterly but no less frequently than
      15 Office of Grants and Debarments, Orders, Grants Policy Issuances, and Directives, available at:
      http://intranet.epa.gov/ogd/policv/policy.htm
      16 Section 511(c) of the Clean Water Act and Susan  E. Bromm, EPA Office of Federal Activities, June 12, 2012.
      Memorandum: Clean Water Indian Set-Aside Program  and the National Environmental Policy Act (NEPA).
      17 EPA Order 5700.7, Environmental Results under EPA Assistance Agreements, effective date 1/1/2005, available
      at: www.epa.gov/ogd/grants/award/5700.7.pdf.

      CWISA Guidelines                                                                        July 2013
      DRAFT                                         15

-------
 1    annually.  These regulations also require recipients to provide the  EPA with an  acceptable final
 2    performance report at the end of a project.
 3
 4    The review of recipient performance reports is the responsibility of the EPA project officer. The project
 5    officer must review interim18 and final19 performance reports to determine whether they adequately
 6    address the achievement  of  agreed-upon  outputs/outcomes,  including  providing  a satisfactory
 7    explanation  for insufficient progress or a failure to meet planned accomplishments (when compared
 8    with the most recently approved  project schedule and completion dates for  project milestones). This
 9    review must be  documented in the official project file.  If a report does not adequately address the
10    achievement of  outputs/outcomes, the  project  officer should seek  further explanation from  the
11    recipient and require appropriate corrective action.  OGD provides  directives to project officers that
12    outline roles and responsibilities20 and regions should be familiar with these documents.
13
14    Grant applications should be processed in a timely manner. They should be carefully reviewed and the
15    grant awarded only when it is  prudent  to  do so.  Additionally, regions  may impose reasonable
16    requirements through grant conditions in those situations where it is considered necessary. A select list
17    of topics project officers must review and ensure in the grant application includes, but is not limited to:
18
19        •  The scope of work of the grant is clearly defined;
20        •  The scope of work is in conformance with the project description;
21        •  The project schedule and milestones are clearly described;
22        •  The environmental or public health objectives are clearly stated;
23        •  A narrative description of well-defined anticipated outputs, and to the  maximum extent
24           practicable, well-defined anticipated outcomes is  provided;
25        •  The applicant has demonstrated it has programmatic capability to successfully manage the
26           project based on past performance or through the current grant application;
27        •  Project objectives are consistent with the scope of work and project needs;
28        •  Land availability and permitting requirements are addressed; and
29        •  Costs are reasonable,  necessary and allocable to the project.
30        •  Timely use of funds (refer to Section VI.  D. Unliquidated  Obligations).

31                  2.      Interagency Agreement
32    Section 518(c) of the CWA (Appendix A), provides EPA the authority to provide funding for the planning
33    and construction of wastewater treatment plant facilities that serve tribes. In the case  where an IA is
34    used, this agreement will be signed between  IMS  and EPA, and funds are administered by IMS.  The
35    required standard terms and conditions for these lAs are provided in Appendix J. A PER21 and/or Project
36    Summary (PS) will be used as the  basis for lAs with IMS and serves as the scope of work. After the IMS
37    Area Office approves the PER and/or PS, the tribe and  IMS enter into a Memorandum of Agreement
38    (MOA), which is  similar to a cooperative agreement as defined by the Federal Grant and Cooperative
      18 For construction projects, on-site technical inspections and certified percentage of construction data to meet the
      interim reporting requirements, see 40 CFR 31.40(c).
        For construction projects, the final  inspection report or other final performance report should include a
      comparison of the actual outcomes/outputs with those incorporated into the assistance agreement.
      20
        Office of Grants and Debarments, Roles and Responsibilities of Project Officers, available at:
      http://intranet.epa.gov/OGD/policv/policy.htm.
      21 IMS also refers to this document as an Engineering Project Report (EPR)
      CWISA Guidelines                                                                         July 2013
      DRAFT                                         16

-------
 1    Agreement Act (FGCAA).  Using the Integrated Grants Management System (IGMS), regions will submit
 2    an IA funding package (Decision Memorandum, Commitment Notice and Scope of Work) to IASSC.
 3
 4    The IA standard terms and conditions (Appendix J) are to be used between regions and IMS Area offices.
 5    These terms and conditions may be updated periodically by IASSC West to  incorporate changes to
 6    interagency agreement policies and procedures, add new statutory requirements, or in  response to
 7    requests from  OWM to incorporate additional programmatic requirements that have been  mutually
 8    agreed upon between OWM  and the  IMS Headquarters.  No changes shall be made to  the  standard
 9    terms and conditions by the regions or IMS Area offices.
10
11    If the  proposed project is  solely to fund the preparation of a PER, then the IA is  developed following IMS
12    procedures for a  planning or engineering only project that does not involve construction.   A  signed
13    MOA  between IMS and  tribal recipient is not required as part of the initial funding package; however,
14    they should be provided to IASSC West for inclusion in the official IA file once available.
15
16    The Office of General Counsel  (OGC) has opined that, "EPA should not be an additional party to these
17    MOAs between IMS and the tribe."22  EPA should sign an agreement with IMS, and IMS should enter into  a
18    separate agreement with  the tribe. Given that EPA does not enter into a direct agreement with a tribe,
19    IMS should be involved with any formal communication between EPA and the tribe as it relates to the
20    project.
21
22    Under an IA, the tribe must meet the IHS's requirements for the project  (e.g., environmental review,
23    historic preservation, archeology, etc.).  The IA describes the scope of work for the project, milestones,
24    target dates, project period, budget, and payment terms. The total project period, including extensions,
25    may not  exceed seven  years without  specific  regulatory  or  statutory  authorization,  or  a  signed
26    waiver.23'24 As such,  project funds must be liquidated (spent or drawn from the U.S. Treasury)  within
27    that seven-year period. After the IA is executed, the funds are transferred to  the IMS Area Office and
28    they are considered obligated for the FFY.
29
30    The tribe generally has three options for designing and building its project under the IA:
31
32        •   Funds are provided to IMS and IMS designs and builds the project according to IMS administrative
33           and construction policies and procedures, including those for procurement, environmental
34           review, audit procedures, and accounting principles.25
35
36        •   Funds are provided to the tribe, and the tribe designs and builds the project through tribal
37           and/or outside architectural/engineering/ construction contractors.  IMS may work with the
38           tribe to help select the firm(s), ensure all applicable EPA and/or IMS guidelines are followed,
39           conduct plan and  specification reviews, etc.
      22 Lucille Liem, OGC, email dated March 26, 2009
        As per Interagency Agreement Policy Issuance (IPI-08-02), Guidance on Project Period Duration, and Interagency
      Agreement Policy Issuance  (IPI-11-02), Clarification of Senior Resource Official Review Requirements for Time
      Extensions under Interagency Agreements.
        Class Waiver for the Clean  Water Act Indian Set-Aside and the Safe  Drinking Water Act Tribal Set-Aside
      Infrastructure Programs dated July 21, 2008 was approved for lAs and grants awarded prior to February 29, 2008.
      25 This is not an option for  tribes that have  assumed the responsibility to implement the IMS Sanitary Facilities
      Construction Program under the Indian Self-Determination Act (Public Law 93-638).

      CWISA Guidelines                                                                         July 2013
      DRAFT                                         17

-------
 1
 2       •   The funds are provided to the tribe, and the tribe hires IMS to design and build the project
 3           according to IMS administrative and construction policies and procedures, including those for
 4           procurement, environmental review, audit procedures, and accounting principles.
 5
 6    In all situations, IMS will report project progress in the IMS PDS within STARS. In addition, if the design,
 7    management, and administration costs are more than 15% of the construction cost, the region should
 8    request written documentation explaining the expenditures to include in its project file. As discussed
 9    previously, EPA Regions have access to  STARS to track progress.
10
11    If multiple projects are to be  combined into  a single IA, this should be done strategically based on
12    project scale and schedule.  Short-term, small-scale projects are better grouped together.  Similarly, an
13    IA with multiple projects should be limited to one FFY.  Additional  projects should not be added to an IA
14    of a previous FFY unless the project is phased over several years and benefits the same tribe. One IA for
15    each project is  preferred and  allows  the  IMS and EPA  finance  systems to more easily track project
16    progress.

17           C.     Indian Self-Determination Act
18    Some tribes may elect to have  IMS administer and manage a project on their behalf. This requires an IA
19    between  EPA and IMS.  Funds provided by EPA through  an IA to  IMS may only be used in agreements
20    authorized by the Indian Sanitation Facilities Act, 42 U.S.C. 2004a (Public Law 86-121).2S Tribes that have
21    assumed  the responsibility to  implement the IMS Sanitary  Facilities Construction Program under the
22    Indian Self-Determination Act (Public Law 93-638) can  only receive CWISA funds through a direct grant
23    with  EPA. This act allows tribes an increased level of self-governance and decision making and is one of
24    the means by which tribes implement their sovereign powers.27
25

26    VI.    ONGOING PROJECT MANAGEMENT

27           A.     Construction and Purchasing Requirements
28    Construction projects funded through an IA or direct grant may need to comply with the provisions of
29    the Davis Bacon Act or the Buy American Act.  For projects managed  through an  IA with  IMS, the
30    requirements of IMS to comply with these laws, if any, need to be followed. Projects funded through a
31    direct grant must follow the requirements of the grant as determined by OGD.

32           B.     Tribal Direct Implementation Nexus (TDI Nex)
33    The TDI Nex tool unites existing data systems to assist in the oversight of CWISA funds and to describe
34    CWISA progress.  Information from IHS's  Project Data System (PDS) and EPA's IGMS form the backbone
35    of the TDI Nex.  Once projects  are started, regions are to track projects using the TDI Nex system (see
36    Appendix F).  Gathering information through TDI Nex allows OWM  to  respond to EPA management,
37    Congress, tribes and other stakeholders that  request information on the accomplishments  achieved
      26 Catalog of Federal Domestic Assistance, Indian Sanitation Facilities Act, 42 U.S.C. 2004a (Public Law 86-121)
      available at:
      https://www.cfda.gov/?s=program&mode=form&tab=stepl&id=3d5a5f378f057d4abe70074085e02501
      27 Bureau of Indian Affairs, Indian Self-Determination Act (Public Law 93-638) available at:
      http://www.bia.gov/cs/groups/mywcsp/documents/collection/idc017334.pdf

      CWISA Guidelines                                                                      July 2013
      DRAFT                                        18

-------
 1    through the program. Regions should update the entry for each project, following the award of funding,
 2    with the assigned IA number and IMS PDS Project Number.  The TDI Next tool is designed to require
 3    regional input once, at the start of each project.

 4           C.     Unobligated Funds
 5    It is highly recommended that regions obligate funds the same year as the funds are appropriated from
 6    Congress. At a minimum, regions should obligate all their funds by the end of the next FFY from that in
 7    which they are allotted. Although CWISA funds are "no year" funds, if not obligated in a timely manner,
 8    they could be subject to  rescission. Sometimes a region will have  funds remaining at the end of a
 9    project that is completed under budget.  In this case the region has some flexibility in how it utilizes the
10    remaining funds, such as adding scope to the initial  project, funding  a separate project with  the same
11    tribe,  funding a  project  with another tribe,  or returning  the funds  to  OWM for reallocation.
12    Communication  with IMS is encouraged to find the most appropriate use of the funds.  Regardless if the
13    project is funded through  an IA or a grant, the agreement must  be amended, with the addition of the
14    new scope, to track the use of the funds. The use of unobligated funds associated with a direct grant
15    project must follow the terms and conditions of the grant.

16           D.     Unliquidated Obligations
17    Interagency Agreement Policy Issuance  (IPI) 11-01,  Managing Unliquidated Obligations and Ensuring
18    Progress  under  EPA Interagency Agreements,  sets  forth  procedures  for managing unliquidated
19    obligations under lAs. IA agreements with IMS should specify a reasonable payment cycle to encourage
20    regular expenditure of funds. The annual performance evaluation of grants must include a discussion of
21    how effectively  a recipient  managed and utilized  EPA grant funds. IASSC  West staff will track  this
22    information and will request updates from the CWISA regional coordinators as needed. A parallel policy
23    applies to direct grants, as per Amended Grants Policy Issuance (GPI) 11-01: Managing Unliquidated
24    Obligations and  Ensuring Progress under  EPA Assistance Agreements.
25
26    In accordance with IPI 08-02, Guidance on Project Period Duration and the Use of New for Interagency
27    Agreements, the total project period, including extensions, cannot exceed seven years for lAs. It is the
28    responsibility of the IA Project Officer identified by the region to regularly  and routinely notify IMS when
29    the end of this period is approaching to ensure the project is completed before the agreement end date.
30    IMS is responsible for coordinating  with the tribe, as appropriate.  The  appropriate Senior  Resource
31    Official, the  OGD Director,  or designee, may approve waivers to  the  seven-year  limitation on  an
32    individual or class basis because of national security concerns, circumstances of unusual or compelling
33    urgency, unique programmatic considerations, or because the waiver would be in the public interest.
34    The seven year maximum  project period also applies to direct grants, as per  Grants Policy Issuance 08-
35    02:  Guidance on Project Period Duration and the Use of New Awards to Fund Additional Work.

36           E.     Quality Assurance Project Plan
37    The lAs with  IMS specify  that an umbrella Quality  Assurance Project Plan  (QAPP) applies to CWISA
38    funded projects.  The  umbrella  QAPP28 describes  applicable water sample collection and analysis
39    activities  conducted at the completion of sanitation facility construction to ensure  proper project
40    performance and operation. If the scope of the CWISA funded project includes a pilot wastewater
      28 See "Water Sample Collection and Analysis QAPP for Tribal Water and Wastewater  Infrastructure  Projects"
      signed by EPA's QA Manager, OWM, Office of Ground Water and Drinking Water, and IMS (March 2012).

      CWISA Guidelines                                                                        July 2013
      DRAFT                                        19

-------
 1    treatment study or hydraulic network modeling, IMS is responsible for preparing an individual project
 2    specific QAPP in accordance with EPA's Office of Environmental Information.

 3           F.     Onsite Septic Systems
 4    Onsite decentralized septic systems are often the most common type of infrastructure funded by the
 5    CWISA  Program. Roughly  one quarter of the U.S.  population uses  onsite  systems to treat their
 6    wastewater. Onsite systems are commonly designed for a 30 year life cycle and can achieve that lifespan
 7    if maintained properly.
 8
 9    EPA has developed  a variety of tools for the appropriate management of onsite systems to ensure their
10    longevity.  It is recommended that all CWISA funded onsite wastewater systems utilize tools, such as the
11    Responsible Management Entities (RME) framework29 and SepticSmart30 homeowner outreach materials
12    (available in both English and Spanish).  Using these tools will help to protect public health and the
13    environment, maximize federal investments, and ensure that onsite infrastructure meets its design life.

14           G.     Project Close-Out Procedures
15    Once construction is completed, the tribe and/or IMS must coordinate the initial operations of the new
16    facility.  Following final inspection, a report is prepared that  summarizes the project.  For IA funded
17    projects the final report is prepared by IMS.31  For projects  funded through a direct grant, the final
18    reporting requirements are contained  in the terms and conditions of the grant. The report should be
19    signed and succinctly cover the project's  history and shall be provided no  later than 365  days after
20    construction phase  completion to the respective  EPA regional program coordinator.32
21

22    VII.   OWM AND REGIONAL PROGRAM RESPONSIBILITIES
23    The responsibilities of OWM staff and their regional counterparts for implementing the CWISA Program
24    are described below.

25           A.     OWM Responsibilities
26    Twice a year, OWM  aims  to hold  a  teleconference with the regional programs  to  discuss  funding
27    allocation and project selection. The first meeting will be scheduled approximately 90 days following the
28    annual announcement of the funding allocations to the regions. The second meeting will be scheduled
29    following the close of the  FFY to discuss funded project milestones and implementation  challenges
30    encountered with the tribes and/or IMS.  In addition, OWM program staff shall:
31
32       1.  Designate a CWISA National Program Coordinator with the responsibility for regional
33           coordination;
      29 Described by the Water Environment Research Foundation at:
      http://www.werf.Org/i/c/KnowledgeAreas/DecentralizedSvstems/RMEsite/RMEs 2.aspx, and in EPA's Voluntary
      National Guidelines for Management of Onsite and Clustered (Decentralized) Wastewater Treatment Systems,
      2003 online at http://water.epa.gov/infrastructure/septic/manuals.cfm.
      30 More information at: www.epa.gov/septicsmart/.
      31 IMS requirements for final reports are described on page 11, Chapter 8 of the 2003 Criteria for the SFC Program
      at: www.ihs.gov/dsfc/documents/Criteria March 2003.pdf, however as of spring 2013 IMS was  considering
      modifying final report requirements.
      32 For lAs, this requirement is in the EPA/IHS IA terms and conditions template.

      CWISA Guidelines                                                                       July 2013
      DRAFT                                        20

-------
 1        2.  Develop an annual allocation memo identifying the funding amount for that FFY and providing
 2           IMS Area priority lists;
 3        3.  Monitor and report on the overall progress made by the CWISA Program in meeting national
 4           goals and measures;
 5        4.  Schedule and lead meetings with regions to track projects and identify and resolve problems
 6           encountered by regions during implementation;
 7        5.  Identify and coordinate responses to CWISA Program implementation issues with IMS
 8           Headquarters;
 9        6.  Designate a Project Officer to manage the suite of projects funded by national agreements (such
10           as those funded by the American Recovery and Reinvestment Act of 2009);
11        7.  Maintain the website (currently www.epa.gov/cwisa); and
12        8.  As appropriate, elevate issues to IASSC, Cincinnati Finance Center, OGC, OGD, upper
13           management within OWM, etc.

14           B.     Regional Responsibilities
15    Once  OWM  allots the annual  CWISA  funds  to the regions, the  EPA regions  are responsible for
16    management  and oversight of the direct grants  and  lAs  associated with their projects  through a
17    designated project officer and other necessary staff.  As appropriate, regions  should inform tribes and
18    other potentially interested parties about their identified projects each year. They should also inform
19    tribes and other parties about the estimated amount of CWISA funds to be awarded for each  project. In
20    some instances, such as for the tribes in Alaska, it may  also be appropriate to inform the states of the
21    region's plans.
22
23    Regions also should work closely with the local IMS Area Office. It  is imperative that the regions consult
24    and coordinate with the local IMS Area Office during project selection.
25
26    EPA regional program staff will  participate in routine meetings with OWM program staff as discussed in
27    the OWM Responsibilities section above. In addition, regional staff have the responsibility to:
28
29        1.  Designate a CWISA Regional Program Coordinator to participate in routine meetings, conference
30           calls, ad-hoc communications, etc.;
31        2.  Present a summary of annual regional project selection decisions;
32        3.  Document awarded  project status oversight activities, including CWISA funds transferred to the
33           DWIG-TSA;
34        4.  Coordinate and consult with the IMS Area Offices on the development of the project documents
35           (e.g., lAs and project summaries);
36        5.  Perform oversight of the project(s) to ensure that reported project milestones are meeting the
37           project schedule and monitor project progress reports to ensure the level of expended funds is
38           reasonable given the amount of work completed. Regular communication with IMS and/or
39           tribes  is needed to ensure projects remain on schedule  and any problems are identified and
40           addressed in a timely manner;
41        6.  Identify the expected impact of CWISA projects on national goals and measures;
42        7.  Routinely submit data into the TDI Nex system;
43        8.  Act as the regional liaison to OWM for communicating progress of each project and
44           implementation problems;
      CWISA Guidelines                                                                       July 2013
      DRAFT                                        21

-------
 1       9.  Identify and report issues associated with EPA Region and IMS Area Office coordination or EPA
 2           Region and grant recipient coordination that may affect the award of CWISA funds or
 3           completion of CWISA funded projects;
 4       10. Support OWM in the active management of nationally funded projects (such as American
 5           Recovery and Reinvestment Act of 2009 suite) until a final report is issued for each project;
 6       11. Timely notification to OWM of staff changes; and
 7       12. As deemed necessary, participate in on-site project oversight activities (e.g., design meetings,
 8           final plans and specifications reviews, and final project inspections) when notified and invited by
 9           IMS.

10           C.     CWISA Contacts
11    The CWISA Program  includes staff from  OWM and all EPA Regions except Region 3.  A list  of CWISA
12    contacts is provided online at: www.epa.gov/cwisa.
13
      CWISA Guidelines                                                                        July 2013
      DRAFT                                         22

-------
                                 APPENDICES
CWISA Guidelines                                    May 2013
DRAFT                    23

-------
    Appendix A.  Section 518(c) of the Clean
                                    Water Act
CWISA Guidelines                                    July 2013
DRAFT                    A-l

-------
 i     SEC. 518. [33 U.S.C. 1377] INDIAN TRIBES
 2
 3     (a) POLICY—Nothing in this section shall be construed to affect the application of section 125 l(g) of this title, and
 4     all of the provisions of this section shall be carried out in accordance with the provisions of such section 1251(g) of
 5     this title. Indian tribes shall be treated as States for purposes of such section 125 l(g) of this title.
 6
 7     (b) ASSESSMENT OF SEWAGE TREATMENT NEEDS; REPORT— The Administrator, in cooperation with the Director of
 8     the Indian Health Service, shall assess the need for sewage treatment works to serve Indian tribes, the degree to
 9     which such needs will be met through funds allotted to States under section 1285 of this title and priority lists under
10     section 1296 of this title, and any obstacles which prevent such needs from being met. Not later than one year after
11     February 4, 1987, the Administrator shall submit a report to Congress on the assessment under this subsection, along
12     with recommendations specifying (1) how the Administrator intends to provide assistance to Indian tribes to develop
13     waste treatment management plans and to construct treatment works under this chapter, and (2) methods by which
14     the participation in and administration of programs under this chapter by Indian tribes can be maximized.
15
16     (c) RESERVATION OF FUNDS—The Administrator shall reserve each fiscal year beginning after September 30, 1986,
17     before allotments to the States under section 1285(e) of this title, one-half of one percent of the sums appropriated
18     under section 1287 of this title. Sums reserved under this subsection shall be available only for grants for the
19     development of waste treatment management plans  and for the construction of sewage treatment works to serve
20     Indian tribes, as defined in subsection (h) of this section and former Indian reservations in Oklahoma (as determined
21     by the Secretary of the Interior) and Alaska Native Villages as defined in Public Law 92-203  [43 U.S.C. §  1601 et
22     seq.].
23
24     (d) COOPERATIVE AGREEMENTS—In order to ensure the consistent implementation of the requirements of this
25     chapter, an Indian tribe and the State or States in which the lands of such tribe are located may enter into a
26     cooperative agreement, subject to the review and approval of the Administrator, to jointly plan and administer the
27     requirements of this chapter.
28
29     (e) TREATMENT AS STATES—The Administrator is authorized to treat an Indian tribe as a State for purposes of
30     subchapterll of this chapter and sections 1254, 1256, 1313, 1315,  1318, 1319, 1324,  1329, 1341, 1342, 1344, and
31     1346 of this title to the degree necessary to carry out the objectives of this section, but only if—
32
33            (1) the Indian tribe has a governing body carrying out substantial governmental duties  and powers;
34            (2) the functions to be exercised by the Indian tribe pertain to the management and protection of water
35            resources which are held by an Indian tribe, held by the United States in trust for Indians, held by a member
36            of an Indian tribe if such property interest is subject to a trust restriction on alienation,  or otherwise within
3 7            the borders of an Indian reservation; and
38            (3) the Indian tribe is reasonably expected to be capable, in the Administrator's judgment, of carrying out
3 9            the functions to be exercised in a manner consistent with the terms and purposes of this chapter and of all
40            applicable regulations.
41
42     Such treatment as a State may include the direct provision of funds reserved under subsection (c) of this section to
43     the governing bodies of Indian tribes, and the determination of priorities by Indian tribes, where not determined by
44     the Administrator in cooperation with the Director of the Indian Health Service. The Administrator, in cooperation
45     with the Director of the Indian Health Service, is authorized to make grants under subchapter II of this chapter in an
46     amount not to exceed 100 percent of the  cost of a project. Not later than 18 months after February 4, 1987, the
47     Administrator shall, in consultation with Indian tribes, promulgate final regulations which specify how Indian tribes
48     shall be treated as States for purposes of this chapter. The Administrator shall, in promulgating  such regulations,
49     consult affected States sharing common water bodies and provide a mechanism for the resolution of any
50     unreasonable consequences that may arise as a result of differing water quality standards that may be set by States
51     and Indian tribes located on common bodies of water.  Such mechanism shall provide for explicit consideration of
5 2     relevant factors including, but not limited to, the effects of differing water quality permit requirements on upstream
53     and downstream dischargers, economic impacts, and present and historical uses and quality of the waters subject to
54     such standards. Such mechanism should provide for the avoidance of such unreasonable consequences in a manner
5 5     consistent with the obj ective of this chapter.

       CWISA Guidelines                                                                                July 2013
       DRAFT                                             A-2

-------
 1
 2     (f) GRANTS FOR NONPOINT SOURCE PROGRAMS—The Administrator shall make grants to an Indian tribe under
 3     section 1329 of this title as though such tribe was a State. Not more than one -third of one percent of the amount
 4     appropriated for any fiscal year under section 1329 of this title may be used to make grants under this subsection. In
 5     addition to the requirements of section 1329 of this title, an Indian tribe shall be required to meet the requirements of
 6     paragraphs (1), (2), and (3) of subsection (d)t of this section in order to receive such a grant.
 7
 8     (g) ALASKA NATIVE ORGANIZATIONS—No provision of this chapter shall be construed to—
 9            (1) grant, enlarge, or diminish, or in any way affect the scope of the governmental authority, if any, of any
10            Alaska Native organization, including any federally-recognized organized pursuant to the Act of June 18,
11            1934 (48 Stat. 987), over lands or persons in Alaska;
12            (2) create or validate any assertion by such organization or any form of governmental authority over lands
13            or persons in Alaska; or
14            (3) in any way affect any assertion that Indian country, as defined in section 1151 of Title 18, exists or does
15            not exist in Alaska.
16
17     (h) DEFINITIONS—For purposes of this section, the term—
18            (1) "Federal Indian reservation" means all land within the limits of any Indian reservation under the
19            jurisdiction of the United States Government, notwithstanding the issuance of any patent, and including
20            rights-of-way running through the reservation; and
21            (2) "Indian tribe" means any Indian tribe, band, group, or community recognized by the Secretary of the
22            Interior and exercising governmental authority over a Federal Indian reservation.
23
       CWISA Guidelines                                                                                 July 2013
       DRAFT                                             A-3

-------
   Appendix B. Delegations of Authority for
                        CWISA Grant Funds
CWISA Guidelines                                  July 2013
DRAFT                   B-l

-------
 1                                      APPENDIX B
 2           Delegation Authority of the  Clean Water Indian Set-Aside Program
 3
 4
 5   2-80. Grants for Indian Set-Aside Wastewater Treatment Projects

 6                                                                            1200 TN 226
 7                                                                                6/11/90

 8      1. AUTHORITY. To approve grants for the development of waste treatment management
 9         plans and for the construction of sewage treatment works to serve federally recognized
10         Indian Tribes, Tribes on former reservations in Okalahoma, and Alaska Native Villages as
11         authoritized by Section 518(c) of the Clean Water Act (CWA). Such grants may be made
12         to a State or other organization if authorized by the Tribe of the Village.
13      2. TO WHOM DELEGATED. Regional Administrators.
14      3. LIMITATIONS. The Regional Administrator may redelegate this authority for only those
15         projects above the funding line on the Indian Set-Aside National Project Priority List.
16      4. ADDITIONAL REFERENCES. 40 CFR Parts 31-32; Guidelines and Requirements for
17         Applying For grants from the Indian Set-Aside Program, April 1989. Authority to execute
18         (sign) these financial assistance agreements is delegated to the Regional Administrators
19         under Delegation 1-14, Assistance Agreements.

20
     CWISA Guidelines                                                                July 2013
     DRAFT                                    B-2

-------
 1
 2   2-105 Transfer Funds Between State Revolving Fund Tribal Set-Aside Programs
 3   (1200 TN 618)
 4
 5   1.     AUTHORITY.  Pursuant to Public Law 112-74, to approve the transfer of funds
 6          between the accounts provided for tribal set-asides appropriated through Clean Water
 7          State Revolving Funds and Drinking Water State Revolving Funds.
 8
 9   2.     TO WHOM DELEGATED. Regional Administrators.
10
11   3.     LIMITATIONS.  In a fiscal year, a regional administrator may:
12
13             a.  Transfer a dollar value of up to 33 percent of the funds provided for the region's
14                 Drinking Water Indian Set-Aside account to the region's Clean Water Indian Set-
15                 Aside account; and
16
17             b.  Transfer a dollar amount up to the dollar amount identified in paragraph a of
18                 funds provided for the region's Clean Water Indian Set-Aside account to
19                 theregion's Drinking Water Indian Set-Aside account.
20
21             c. Starting in FY13, for the first transfer within each region, the regional
22                 administrator must obtain the concurrence of the Office of Water's assistant
23                 administrator or designee and thereafter must consult with the Office of Water's
24                 assistant administrator or designee exercising this authority.
25
26   4.     REDELEGATION AUTHORITY
27
28             a.  This authority may be redelegated to the division director level or equivalent in
29                 the regions and no further.
30
31             b.  This authority may be exercised by any person in  the chain  of command to the
32                 person to whom it has been re-delegated.  Any redelegation of this authority does
33                 not divest the official making the redelegation from the power to exercise this
34                 authority.
35
36   5.     ADDITIONAL REFERENCES.
37
38             a.  Section 518(c) of the Clean Water Act.
39
40             b.  Section 1452(i) of the Safe Drinking Water Act.
41
42             c.  Additional guidance as may be issued by the Office of Wastewater Management or the
43                 Office of Groundwater and Drinking Water.
      CWISA Guidelines                                                                   July 2013
      DRAFT                                     B-3

-------
         Appendix C.  Federal Cross-Cutting
                                   Authorities
CWISA Guidelines                                    July 2013
DRAFT                   C-l

-------
 i                                             Appendix C
 2                                Federal Cross-Cutting Authorities
 3
 4    The following is a list of cross-cutting authorities for the CWISA Program. It is not all inclusive and Regional
 5    Coordinators  should confirm with current rules and  regulations to ensure that all federal policies are
 6    followed.  A  more detailed description of the Federal laws,  Executive Orders,  OMB Circulars  and their
 7    implementing   regulations   is   available   through  the    OGD    Grants   Intranet   website   at
 8    http://intranet.epa.gov/ogd/ or through the Regional Grants Management Office.
 9
10    Environmental Authorities
11        •  Archeological and Historic Preservation Act of 1974, Pub. L. 86-523, as amended
12        •  Clean Air Act, Pub. L. 84-159, as amended
13        •  Coastal Barrier Resources Act, Pub. L. 97-348
14        •  Coastal Zone Management Act, Pub. L. 92-583, as amended
15        •  Endangered Species Act,  Pub. L. 93-205, as amended
16        •  Environmental Justice, Executive Order 12898
17        •  Floodplain Management, Executive Order 11988 as amended by Executive Order 12148
18        •  Protection of Wetlands, Executive Order 11990
19        •  Farmland Protection Policy Act, Pub. L. 97-98
20        •  Fish and Wildlife Coordination Act, Pub. L. 85-624, as amended
21        •  National Historic Preservation Act of 1966, PL 89-665, as amended
22        •  Safe Drinking Water Act,  Pub. L. 93-523, as amended
23        •  Wild and Scenic Rivers Act, Pub. L. 90-542, as amended
24
25    Economic and Miscellaneous Authorities
26        •  Demonstration Cities and Metropolitan  Development Act of 1966, Pub. L. 89-754, as amended
27        •  Executive Order 12372
28        •  Procurement Prohibitions under Section 306 of the Clean Air Act and Section 508 of the Clean
29        •  Water Act, including Executive Order 11738, Administration of the Clean Air Act and the Federal
30        •  Water Pollution Control Act with Respect to Federal Contracts, Grants, or Loans
31        •  Uniform Relocation and Real Property Acquisition Policies Act, Pub. L. 91-646, as amended
32        •  Debarment and Suspension, Executive Order 12549
33        •  Davis-Bacon Act, Pub. L. 107-217, as amended
34
35    Social Policy Authorities
36        •  Age Discrimination Act of 1975, Pub. L. 94-135
37        •  Title VI of the Civil Rights  Act of 1964, Pub. L. 88-3524
38        •  Section 13 of the Federal Water Pollution Control Act Amendments of 1972, Pub. L. 92-500  (the
39           Clean Water Act)
40        •  Section 504 of the Rehabilitation Act of 1973, Pub. L. 93-112 (including Executive Orders 11914 and
41           11250)
42        •  The Drug-Free Workplace Act of 1988, Pub. L. 100-690 (applies only to the capitalization grant
43           recipient)
44        •  Equal Employment Opportunity, Executive Order 11246
45        •  Women's and Minority Business Enterprise, Executive Orders 11625,12138 and 12432
46        •  Section 129 of the Small Business Administration Reauthorization and Amendment Act of 1988, Pub.
47           L. 100-590
48        •  Anti-Lobbying Provisions  (40 CFR part 30) [applies only to capitalization grant recipients].

      CWISA Guidelines                                                                         July 2013
      DRAFT                                        C-2

-------
       Appendix D.  Guidelines on the Inter-
                 Program Transfer Authority
CWISA Guidelines                                  July 2013
DRAFT                   D-l

-------
 1                                            Attachment 1
 2                       Guidelines for Implementation of Fund Transfer Authority
 3              Between the Drinking Water Infrastructure Grant - Tribal Set Aside and the
 4                               Clean Water Indian Set - Aside Programs
 5                                              May 2013
 6
 7    I.      Purpose
 8
 9    This document  provides guidance to EPA Regions when implementing the option to transfer funds
10    between the  Drinking Water Infrastructure Grant - Tribal Set Aside (DWIG-TSA) and  Clean Water
11    Indian Set Aside (CWISA) programs.
12
13    II.     Authorization
14
15    State Revolving Fund (SRF) programs currently have permanent authority to transfer funds between the
16    Clean Water SRF and the Drinking Water SRF. Authority to transfer funds between the DWIG-TSA and
17    CWISA programs was provided through EPA's FY12 appropriations, stating:
18
19           Provided further, That for fiscal year 2012 and hereafter, the Administrator may transfer
20           funds provided for tribal set-asides through funds appropriated for the Clean Water State
21           Revolving  Funds and for the Drinking  Water State Revolving Funds between  those
22           accounts in such manner as the Administrator deems appropriate, but not to exceed the
23           transfer limits given to States under section 302(a) of Public Law 104-182.
24
25    The transfer limit identified in section 302(a) is 33 percent of the Drinking Water SRF. For  example, had
26    we implemented the transfer provision in FY12, 33 percent of the DWIG-TSA allotment (of $18,358,000)
27    would have been $6,058,140.  The process for tribal transfers will begin in FY13; no transfers may be
28    made with FY12 funds. The project eligibility portion of the grant guidelines specific to the program that
29    receives funds from  a transfer will apply to the transferred funds. For example, if funds are transferred
30    from the  CWISA to the DWIG-TSA, the  funds will follow the project eligibility portion of the grant
31    guidelines that apply to the DWIG-TSA.
32
33    III.    Permanent Delegation of Authority
34
35    A permanent delegation of authority is in place that  delegates the authority to transfer funds between the
36    CWISA and the DWIG-TSA (#2-105). The April 4,  2013 authority memo is attached.
37
38    IV.     Transfer Process
39    The following describes the steps to implement a transfer of funds between the two programs.
40
41    1.   Regional Allotment Calculation:  The Office of Ground Water and Drinking Water (OGWDW) and
42        Office of Wastewater  Management (OWM) calculate the  allotments and indicate the maximum
43        amount of funding available for transfer within each EPA Region.
44
45    2.   Notification of Transfer: Regions will utilize their existing processes to identify water and wastewater
46        infrastructure projects and notify Headquarters of their interest in exercising the transfer  option.
47
48    3.   Transfer Justification:  Regions electing  to  transfer  funds will submit a short narrative  transfer
49       justification to HQ that covers  key points as described in this guidline  supported by a Regional
50        Project List (RPL). For the purposes of  these  guidelines, the RPL for wastewater projects would
51        consist of information from the  IHS Sanitation  Deficiency System (SDS) and the RPL for drinking

      CWISA Guidelines                                                                        July 2013
      DRAFT                                        D-2

-------
 1        water projects would consist  of SDS information in addition to information identified through
 2        regional project solicitations.   The proposed projects to be funded through a transfer must be on the
 3        IHS SDS list. Section V of this  guideline includes a further description of the transfer justification and
 4        the data elements required in the RPL.
 5
 6    4.   Transfer Approval  Review Criteria:   The approval  of the  fund transfer  will be based  on a
 7        consideration of several factors linked to Agency measures and priorities along with consistency with
 8        Agency guidelines for implementing the programs. The following information should be provided for
 9        consideration during the review process:
10
11        a.  Number of Homes Provided Access to Safe Drinking Water or Basic Sanitation:  The number of
12           homes the project provides  access to safe drinking water or basic sanitation is based on the Indian
13           Health Service deficiency level data.
14
15        b.  Improving Compliance with Safe Drinking Water Act Regulations (if applicable).
16
17        c.  Project Readiness: Indication that the following types of documents  are complete:  preliminary
18           engineering report, planning, design, environmental reviews and archeology.
19
20        d.  IHS Sanitation Deficiency Survey Project Priority Number.
21
22    5.   Transfer Justification Review/Approval: Starting in FY2013, for the first transfer within each region
23        the regional administrator must obtain concurrence of the Office of Water's assistant administrator or
24        designee. Should an impasse occur the first time that a transfer is requested, the decision to approve
25        or disapprove will be resolved by the Assistant Administrator of Water.
26
27        For transfers subsequent to the first transfer, the Regions are to consult with the Office of Water's
28        assistant administrator through notification of OGWDW and  OWM of the intent to transfer and
29        provide the Transfer Justification (Item 3) and the information described in 4a to 4d.
30
31    6.   Funds Reprogramming: Upon  approval of the transfer request, the  approved amount of funds will be
32        reprogrammed.  The reprogramming will occur at Headquarters before funds are made  available to
33        the regions.
34
35    V.     Transfer Justification
36
37    In order  for OGWDW  and  OWM to  evaluate the reasons for fund transfer, Regions shall provide a
38    narrative justification  for the proposed transfer.  The justification  statement should highlight the public
39    health threat posed by the current deficiencies and net positive public health benefits  of  funding the
40    project proposed for the transfer.  The narrative statement should answer the question:  Why are the
41    projects proposed to receive transfer funds a priority for EPA?  The narrative should also describe how
42    the proposed infrastructure project will address the  current deficiencies along with measures or metrics
43    that clarify why this project is a priority over others. The transfer statement should be supported by the
44    project data provided in the SDS listing for the project along with the RPL. If the project is not in the top
45    10% of the IHS  area SDS, the narrative should also explain why the project does not rank highly on the
46    IHS Area SDS.
47
48    The RPL should include the projects planned for funding  that utilize  all regional funds  (both Drinking
49    Water and Clean Water.)  If possible, the RPL should also  include the highest ranked project(s) not
50    funded as a result of the funds transfer.  The data to be included in the RPL for each project are listed in
51    Table 1.

      CWISA Guidelines                                                                          July 2013
      DRAFT                                          D-3

-------
 1
 2
 3
Table 1: Data Fields for the Regional Project List (RPL)
         Project Name*
         Project Purpose*
         Tribe Name*
         Indian Health Service (HS) Area*
         IHS   Sanitation   Deficiency   System  Data
         (Project  Number,  Project  Priority,  Project
         Initial Deficiency  Level  and  Project  Final
         Deficiency Level)
         Funding  from  Drinking  Water  Infrastructure
         Grant-Tribal Set- Aside Program
         Funding  from  Clean  Water  Act Indian Set-
         Aside Program	
                                                   Total Project Cost*
                                                   Public  Water   System  Inventory  Number*
                                                   (Drinking Water project)
                                                   National   Pollution   Discharge  Elimination
                                                   System Permit (Clean Water Project)
                                                   Number of Tribal Homes Served*
                                                   Current Violation Type(s) to be address  by
                                                   project (as applicable)*
                                                   Anticipated Construction Start Date*
                                                   EPA Program Measures Addressed*
 4
 5
 6
 7
 8
 9
10
11
12
13
14
15
16
17
* Data required for all funded drinking water projects per memo EPA National Tribal Drinking Water
Program Oversight and Accountability (March 23, 2012).  Data recommended for all funded wastewater
projects.

VI.    Annual Timeline

The following table describes the approximate timing to implement a transfer of funds between the two
programs. Approval  by  OGWDW and  OWM of the first transfer within each Region is required.  For
subsequent transfers,  Regions will still need to provide justification information to notify OGWDW and
OWM of the intent to transfer. OGWDW and OWM reserve the right to object to a transfer proposal if it
is contrary to the program guidelines or the goals of the program.

Table 2: Tribal Water Infrastructure Funding Transfer Process Timeline
Milestone
Regional Allotment
Calculation
Notification of Transfer
Transfer Justification
Transfer Approval
Funds Reprogramming
Schedule
Budget Operating Plan + 30 days
Budget Operating Plan + 60 days
Budget Operating Plan + 90 days
Transfer Justification /Consultation + 30 days
Transfer Approval + 30 days
Responsible Entities
OGWDW and OWM
EPA Regions
EPA Regions
Regional Administrator
or OGWDW/OWM
OWM or OGWDW
18
      CWISA Guidelines
      DRAFT
                                                                                      July 2013
                                              D-4

-------
      Appendix E.  Preliminary Engineering
                            Report Template
CWISA Guidelines                                  July 2013
DRAFT                   E-l

-------
                 USDA
                                                                   ^A/ DEM^V
 1                                                                         January 16, 2013
 2
 3                             INTERAGENCY MEMORANDUM
 4
 5   Attached is a  document  explaining recommended  best  practice for the development  of
 6   Preliminary Engineering Reports in support of funding applications for development of drinking
 7   water, wastewater, stormwater, and solid waste systems.
 8
 9   The best practice document was developed cooperatively by:
10       •   US Department of Agriculture, Rural Development, Rural Utilities Service, Water and
11          Environmental Programs:
12       •   US Environmental Protection Agency (EPA), Office of Water, Office of Ground Water
13          and Drinking Water and Office of Wastewater Management:
14       •   US Department of Housing and Urban Development (HUD), Office of Community
15          Planning and Development:
16       •   US Department of Health and Human Services, Indian Health Service (IHS):
17       •   Small Communities Water Infrastructure Exchange:
18
19   Extensive input from participating state administering agencies was also very important to the
20   development of this document.
21
22   Federal agencies that  cooperatively  developed this document strongly encourage its use by
23   funding agencies as  part of the application process or project development.  State administered
24   programs are encouraged to adopt this document but are not required to do so, as it is up to a
25   state administering agency's discretion to adopt it, based on the needs of the state administering
26   agency.
27
28   A Preliminary Engineering Report (Report) is  a planning document required by many state and
29   federal funding agencies as part of the process  of obtaining financial assistance for development
30   of drinking  water, wastewater,  solid waste,  and stormwater facilities.  The attached Report
31   outline details the requirements that funding agencies have adopted when a Report is required.
32
33   In general the Report should include  a description of existing facilities and a description of the
34   issues being addressed  by  the proposed project.  It should  identify alternatives,  present a life
35   cycle cost analysis of technically feasible alternatives  and propose  a specific course of action.
36   The Report should also include a detailed current cost estimate of the recommended alternative.
37   The attached outline describes these and other sections to be included in the Report.
38
39   Projects utilizing direct federal funding also require an environmental review in accordance with
40   the National Environmental Policy Act (NEPA). The Report should indicate that environmental
41   issues were considered as part of the engineering planning and include environmental
42   information pertinent to engineering planning.
43
     CWISA Guidelines                                                                 July 2013
     DRAFT                                    E-2

-------
 1
 2
 3
 4
 5
 6
 7
 8
 9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
For state administered funding programs, a determination of whether the outline applies to a
given program or project is made by the state administering agency.  When a program or agency
adopts this outline, it may adopt a portion or the entire outline as applicable to the program or
project in question at the discretion  of the agency.  Some state and federal  funding agencies will
not require the Report for every project or may waive portions of the Report that do not apply to
their application process, however  a Report thoroughly addressing all of the contents of this
outline will meet the requirements of most agencies that have adopted this outline.

The detailed outline provides information on what to include in a Report.  The level  of detail
required may also vary  according  to the complexity of the specific project.  Reports should
conform substantially to this  detailed outline and otherwise be prepared and presented in a
professional  manner.  Many funding agencies require that the document be developed  by a
Professional  Engineer registered in the  state or  other jurisdiction  where the project  is to be
constructed unless exempt from this requirement.  Please check with applicable funding  agencies
to determine if the agencies require supplementary information beyond the scope of this outline.

Any preliminary  design information must be  written  in  accordance  with the  regulatory
requirements of the state or territory where the project will be built.

Information provided in the Report  may be used to process requests for funding. Completeness
and accuracy are therefore essential for timely processing of an application.  Please contact the
appropriate state or federal funding agencies with any questions about development of the Report
and applications for funding as early in the process as practicable.

Questions about this document should be referred to the applicable state administering agency,
regional office of the applicable federal agency, or to the following federal contacts:
Agency
USDA/RUS
EPA/DWSRF
EPA/CWSRF
HUD
fflS
Contact
Benjamin Shuman, PE
Kirsten Anderer, PE
Matt King
Stephen Rhodeside
Dana Baer, PE
Email Address
ben.shuman(3);wdc.usda.sov
anderer.kirsten(3)epa.sov
kins.matt(3)epa.sov
Stephen, m.rhodeside(3)hud.sov
dana.baer@ihs.gov
Phone
202-720-1784
202-564-3134
202-564-2871
202-708-1322
301-443-1345
28
29
      CWISA Guidelines
      DRAFT
                                                                                  July 2013
                                            E-3

-------
2
3
                   Sincerely,
                   JacrfueKne W Ponti-LazarulC Assistant(Ad^iin(^/ator
                   USBA, Rural Development, Rural Utilities Service, Water and Environmental Programs
                   Sheila Frace, Acting Deputy Director
                   US EPAi-OffLwroTyater, Office of Wastewater Management
                      6-  /
                   Andrew Sawyers, Deputy Director
                   US EPA, Director, Office o/Water, Office of Ground Water and Drinking Water

                                                                          /
                   Ronald Ferguson, PE, RABW, Director
                   Division of Sanitation Facilities Construction, Indian Health Service
                   Slanley'Gimont, I/irecufr J
                   Office of Block Grant (&£tnstance, US Department of Housing and Urban Development

                   Attachment
      CWISA Guidelines
      DRAFT
E-4
                                                July 2013

-------
                          WORKING GROUP CONTRIBUTORS
Federal Agency Partners

USDA, Rural Development, Rural Utilities Service (Chair)
EPA, Office of Water, Office of Ground Water and Drinking Water
EPA, Office of Water, Office of Ground Water and Drinking Water
EPA, Office of Water, Office of Wastewater Management
EPA, Office of Water, Office of Wastewater Management
EPA, Region 1
EPA, Region 9
HUD, Office of Community Planning and Development
HUD, Office of Community Planning and Development
Indian Health Service
Indian Health Service
USDA, Rural Development, Florida State Office
USDA, Rural Development, Florida State Office


Benjamin Shuman, PE
Kirsten Anderer, PE
CAPT David Harvey, PE
Matt King
Joyce Hudson
Carolyn Hayek
Abimbola Odusoga
Stephen M. Rhodeside
Eva Fontheim
CAPT Dana Baer, PE
LCDRCharissaWilliar, PE
Michael Langston
Steve Morris, PE
2
3
    CWISA Guidelines
    DRAFT
E-5
                                  July 2013

-------
State Agency and Interagency Partners

Arizona Water Infrastructure Finance Authority
Border Environment Cooperation Commission
Colorado Department of Local Affairs
Colorado Department of Public Health & Environment
Colorado Department of Public Health & Environment
Georgia Office of Community Development
Idaho, Department of Environmental Quality
Indiana Finance Authority
Indiana Finance Authority
Indiana Finance Authority
Kentucky Division of Water
Kentucky Department of Local Government
Louisiana Department of Environmental Quality
Maine Department of Health and Human Services
Minnesota Pollution Control Agency
Minnesota Pollution Control Agency
Missouri Department of Natural Resources
Montana Department of Commerce
North Carolina Department of Commerce
North Carolina Rural Center
North Carolina Department of Commerce
Rhode Island Department of Health
Rhode Island Department of Health


Dean Moulis, PE
Joel Mora, PE
Barry Cress
Michael Beck
Bret Icenogle, PE
Steed Robinson
Tim Wendland
Emma Kottlowski
Shelley Love
Amanda Rickard, PE
Shafiq Amawi
Jennifer Peters
Jonathan McFarland, PE
Norm Lamie, PE
Amy Douville
Corey Mathisen, PE
Cynthia Smith
Kate Miller, PE
Olivia Collier
Keith Krzywicki, PE
Vickie Miller, CPM
Gary Chobanian, PE
Geoffrey Marchant
1
2
     CWISA Guidelines
     DRAFT
E-6
                                          July 2013

-------
 1
 2                                   ABBREVIATIONS
 3
 4   NEPA - National Environmental Policy Act
 5   NPV - Net Present Value
 6   O&M - Operations and Maintenance
 7   OMB - Office of Management and Budget
 8   Report - Preliminary Engineering Report
 9   SPPW - Single Payment Present Worth
10   USPW - Uniform Series Present Worth
11
12
13
     CWISA Guidelines                                                               July 2013
     DRAFT                                   E-7

-------
 1
 2
 3             GENERAL OUTLINE OF A PRELIMINARY ENGINEERING REPORT
 4
 5   1) PROJECT PLANNING
 6      a) Location
 7      b) Environmental Resources Present
 8      c) Population Trends
 9      d) Community Engagement
10
11   2) EXISTING FACILITIES
12      a) Location Map
13      b) History
14      c) Condition of Existing Facilities
15      d) Financial Status of any Existing Facilities
16      e) Water/Energy/Waste Audits
17
18   3) NEED FOR PROJECT
19      a) Health, Sanitation, and Security
20      b) Aging Infrastructure
21      c) Reasonable Growth
22
23   4) ALTERNATIVES CONSIDERED
24      a) Description
25      b) Design Criteria
26      c) Map
27      d) Environmental Impacts
28      e) Land Requirements
29      f) Potential Construction Problems
30      g) Sustainability Considerations
31         i)  Water and Energy Efficiency
32         ii)  Green Infrastructure
33         iii) Other
34      h) Cost Estimates
35
36   5) SELECTION OF  AN ALTERNATIVE
37      a) Life Cycle Cost Analysis
38      b) Non-Monetary Factors
39
40   6) PROPOSED PROJECT (RECOMMENDED ALTERNATIVE)
41      a) Preliminary Project Design
42      b) Project Schedule
43      c) Permit Requirements
44      d) Sustainability Considerations
45         i)  Water and Energy Efficiency
46         ii)  Green Infrastructure
     CWISA Guidelines                                                              July 2013
     DRAFT                                   E-8

-------
 1          iii) Other
 2      e)  Total Project Cost Estimate (Engineer's Opinion of Probable Cost)
 3      f)  Annual Operating Budget
 4          i)  Income
 5          ii)  Annual O&M Costs
 6          iii) Debt Repayments
 7          iv) Reserves
 8
 9   7) CONCLUSIONS AND RECOMMENDATIONS
10
11
     CWISA Guidelines                                                                July 2013
     DRAFT                                    E-9

-------
1
2
3
4 1)
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32 2)
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52

DETAILED OUTLINE OF A PRELIMINARY ENGINEERING REPORT

PROJECT PLANNING

Describe the area under consideration. Service may be provided by a combination of
central, cluster, and/or centrally managed individual facilities. The description should
include information on the following:

a) Location. Provide scale maps and photographs of the project planning area and
any existing service areas. Include legal and natural boundaries and a
topographical map of the service area.

b) Environmental Resources Present. Provide maps, photographs, and/or a narrative
description of environmental resources present in the project planning area that
affect design of the project. Environmental review information that has already
been developed to meet requirements of NEPA or a state equivalent review
process can be used here.

c) Population Trends. Provide U.S. Census or other population data (including
references) for the service area for at least the past two decades if available.
Population projections for the project planning area and concentrated growth
areas should be provided for the project design period. Base projections on
historical records with justification from recognized sources.

d) Community Engagement: Describe the utility's approach used (or proposed for
use) to engage the community in the project planning process. The project
planning process should help the community develop an understanding of the
need for the project, the utility operational service levels required, funding and
revenue strategies to meet these requirements, along with other considerations.

EXISTING FACILITIES

Describe each part (e.g. processing unit) of the existing facility and include the following
information:

a) Location Map. Provide a map and a schematic process layout of all existing
facilities. Identify facilities that are no longer in use or abandoned. Include
photographs of existing facilities.

b) History. Indicate when major system components were constructed, renovated,
expanded, or removed from service. Discuss any component failures and the
cause for the failure. Provide a history of any applicable violations of regulatory
requirements.

c) Condition of Existing Facilities. Describe present condition; suitability for
continued use; adequacy of current facilities; and their conveyance, treatment,
storage, and disposal capabilities. Describe the existing capacity of each
component. Describe and reference compliance with applicable federal, state, and
local laws. Include a brief analysis of overall current energy consumption.
Reference an asset management plan if applicable.

CWISA Guidelines                                                                         July 2013
DRAFT                                         E-10

-------
 1          d)     Financial Status of any Existing Facilities.  (Note: Some agencies require the
 2                 owner to submit the most recent audit or financial statement as part of the
 3                 application package.)  Provide information regarding current rate schedules,
 4                 annual O&M cost (with a breakout of current energy costs), other capital
 5                 improvement programs, and tabulation of users by monthly usage categories for
 6                 the most recent typical fiscal year. Give status of existing debts and required
 7                 reserve accounts.
 8
 9          e)     Water/Energy /Waste Audits.  If applicable to the project, discuss any water,
10                 energy, and/or waste audits which have been conducted and the main outcomes.
11
12    3)     NEED FOR PROJECT
13
14          Describe the needs in the following order of priority:
15
16          a)     Health, Sanitation, and Security.  Describe concerns and include relevant
17                 regulations and correspondence from/to federal and state regulatory agencies.
18                 Include copies of such correspondence as an attachment to the Report.
19
20          b)     Aging Infrastructure.  Describe the concerns and indicate those with the greatest
21                 impact. Describe water loss, inflow and infiltration, treatment or storage needs,
22                 management adequacy, inefficient designs, and other problems. Describe any
23                 safety concerns.
24
25          c)     Reasonable Growth.  Describe the reasonable growth capacity that is necessary to
26                 meet needs during the planning period.  Facilities proposed to be constructed to
27                 meet future growth needs should generally be supported by additional revenues.
28                 Consideration should be given to designing for phased capacity increases.
29                 Provide number of new customers committed to this proj ect.
30
31    4)     ALTERNATIVES CONSIDERED
32
33          This  section should contain a description of the alternatives that were  considered in
34          planning  a solution  to  meet the identified  needs.   Documentation of alternatives
35          considered  is often a Report weakness.   Alternative approaches to ownership  and
36          management,  system design  (including resource efficient or  green  alternatives),  and
37          sharing of services, including various forms  of partnerships, should be considered.  In
38          addition, the following alternatives should be considered,  if practicable:  building new
39          centralized  facilities,  optimizing  the  current  facilities  (no  construction), developing
40          centrally managed decentralized systems, including small cluster or individual systems,
41          and developing an  optimum combination of centralized and decentralized systems.
42          Alternatives should be consistent with those considered in the NEPA, or state equivalent,
43          environmental review.  Technically infeasible alternatives that were considered  should be
44          mentioned briefly along with an  explanation  of why they are infeasible, but do not
45          require full analysis.   For each technically feasible alternative, the description should
46          include the following information:
47
48          a)     Description. Describe the facilities associated with every technically feasible
49                 alternative. Describe source, conveyance, treatment, storage and distribution
      CWISA Guidelines                                                                    July 2013
      DRAFT                                     E-ll

-------
 1                 facilities for each alternative.  A feasible system may include a combination of
 2                 centralized and decentralized (on-site or cluster) facilities.
 3
 4          b)     Design Criteria. State the design parameters used for evaluation purposes. These
 5                 parameters should comply with federal, state, and agency design policies and
 6                 regulatory requirements.
 7
 8          c)     Map. Provide a schematic layout map to scale and a process diagram if
 9                 applicable.  If applicable, include future expansion of the facility.
10
11          d)     Environmental Impacts.  Provide information about how the specific alternative
12                 may impact the environment.  Describe only those unique direct and indirect
13                 impacts on floodplains, wetlands, other important land resources, endangered
14                 species, historical and archaeological properties, etc., as they relate to each
15                 specific alternative evaluated. Include generation and management  of residuals
16                 and wastes.
17
18          e)     Land Requirements.  Identify sites and easements required. Further specify
19                 whether these properties are currently owned, to be acquired, leased, or have
20                 access agreements.
21
22          f)     Potential Construction Problems. Discuss concerns such as subsurface rock, high
23                 water table, limited access, existing resource or site impairment, or other
24                 conditions which may affect cost of construction or operation of facility.
25
26          g)     Sustainability Considerations. Sustainable utility management practices include
27                 environmental, social, and economic benefits that aid in creating a resilient utility.
28
29                 i)  Water and Energy Efficiency.  Discuss water reuse, water efficiency, water
30                     conservation, energy efficient design (i.e. reduction in electrical  demand),
31                     and/or renewable generation of energy, and/or minimization of carbon
32                     footprint, if applicable to the alternative. Alternatively, discuss the water and
33                     energy usage for this option as compared to other alternatives.
34
35                 ii)  Green Infrastructure. Discuss aspects of project that preserve or mimic
36                     natural processes to manage stormwater, if applicable to the alternative.
37                     Address management of runoff volume and peak flows through infiltration,
38                     evapotranspiration, and/or harvest and use, if applicable.
39
40                 iii) Other. Discuss any other aspects of Sustainability (such as resiliency or
41                     operational simplicity) that are incorporated into the alternative, if applicable.
42
43          h)     Cost Estimates. Provide cost estimates for each alternative, including a
44                 breakdown of the following costs associated with the project: construction, non-
45                 construction, and annual O&M costs. A construction contingency should be
46                 included as a non-construction cost.  Cost estimates should be included with the
47                 descriptions of each technically feasible alternative. O&M costs should include a
48                 rough breakdown by  O&M category (see example below) and not just a value for
49                 each alternative. Information from other sources, such as the recipient's
50                 accountant or other known technical service providers, can be incorporated to
51                 assist in the development of this section. The cost derived will be used in the life
52                 cycle cost analysis described in Section 5 a.
53
      CWISA Guidelines                                                                     July 2013
      DRAFT                                      E-12

-------
 2
 3
 4
 5
 6
 7
 8
 9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
Example O&M Cost Estimate

Personnel (i.e. Salary, Benefits, Payroll Tax,
Insurance, Training)
Administrative Costs (e.g. office supplies, printing,
etc.)
Water Purchase or Waste Treatment Costs
Insurance
Energy Cost (Fuel and/or Electrical)
Process Chemical
Monitoring & Testing
Short Lived Asset Maintenance/Replacement*
Professional Services
Residuals Disposal
Miscellaneous
Total














             * See Appendix A for example list

5)     SELECTION OF AN ALTERNATIVE

       Selection of  an  alternative is the process by which data from  the  previous  section,
       "Alternatives Considered" is analyzed in a systematic manner to identify a recommended
       alternative.  The analysis should include consideration of both life cycle costs and non-
       monetary factors (i.e. triple bottom line analysis: financial, social, and environmental). If
       water reuse or conservation,  energy efficient design,  and/or renewable generation of
       energy components are included in  the proposal provide an explanation of their cost
       effectiveness in this section.

       a)      Life  Cycle Cost Analysis.    A  life  cycle  present  worth  cost  analysis  (an
              engineering  economics  technique  to  evaluate  present  and  future  costs  for
              comparison of alternatives)  should be completed to  compare  the  technically
              feasible alternatives.  Do not  leave out alternatives because of anticipated costs;
              let the life  cycle cost  analysis  show whether an  alternative may have  an
              acceptable cost. This analysis should meet the following requirements and should
              be repeated for each technically feasible alternative.  Several analyses  may be
              required if the project has different aspects,  such as  one  analysis for different
              types of collection systems and another for different types of treatment.

          1.   The analysis  should convert  all costs to present day dollars;
          2.   The planning period to be used is recommended to be 20 years, but may be any
               period determined  reasonable by the engineer and concurred on by the state or
               federal agency;
          3.   The discount rate to be used  should be the "real" discount  rate taken from
               Appendix C of OMB circular A-94 and found at
               (www.whitehouse.gov/omb/circulars/a094/a94  appx-c.html);
          4.   The total capital cost (construction plus non-construction costs) should be
               included;
      CWISA Guidelines
      DRAFT
                                                                                  July 2013
                                           E-13

-------
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32 6)
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
5. Annual O&M costs should be converted to present day dollars using a uniform
series present worth (USPW) calculation;
6. The salvage value of the constructed project should be estimated using the
anticipated life expectancy of the constructed items using straight line
depreciation calculated at the end of the planning period and converted to
present day dollars;
7. The present worth of the salvage value should be subtracted from the present
worth costs;
8. The net present value (NPV) is then calculated for each technically feasible
alternative as the sum of the capital cost (C) plus the present worth of the
uniform series of annual O&M (USPW (O&M)) costs minus the single payment
present worth of the salvage value (SPPW(S)):

NPV = C + USPW (O&M) - SPPW (S)

9. A table showing the capital cost, annual O&M cost, salvage value, present
worth of each of these values, and the NPV should be developed for state or
federal agency review. All factors (major and minor components), discount
rates, and planning periods used should be shown within the table.
10. Short lived asset costs (See Appendix A for examples) should also be included
in the life cycle cost analysis if determined appropriate by the consulting
engineer or agency. Life cycles of short lived assets should be tailored to the
facilities being constructed and be based on generally accepted design life.
Different features in the system may have varied life cycles.

b) Non-Monetary Factors. Non-monetary factors, including social and
environmental aspects (e.g. sustainability considerations, operator training
requirements, permit issues, community objections, reduction of greenhouse gas
emissions, wetland relocation) should also be considered in determining which
alternative is recommended and may be factored into the calculations.

PROPOSED PROJECT (RECOMMENDED ALTERNATIVE)

The engineer should include a recommendation for which alternative(s) should be
implemented. This section should contain a fully developed description of the proposed
project based on the preliminary description under the evaluation of alternatives. Include
a schematic for any treatment processes, a layout of the system, and a location map of the
proposed facilities. At least the following information should be included as applicable
to the specific project:

a) Preliminary Project Design.

i) Drinking Water:

Water Supply. Include requirements for quality and quantity. Describe
recommended source, including site and allocation allowed.

CWISA Guidelines                                                                         July 2013
DRAFT                                         E-14

-------
 1                        Treatment. Describe process in detail (including whether adding,
 2                        replacing, or rehabilitating a process) and identify location of plant and
 3                        site of any process discharges.  Identify capacity of treatment plant (i.e.
 4                        Maximum Daily Demand).
 5
 6                        Storage.  Identify size, type and location.
 7
 8                        Pumping Stations. Identify size, type, location and any special power
 9                        requirements.  For rehabilitation projects, include description of
10                        components upgraded.
11
12                        Distribution Layout. Identify general location of new pipe, replacement,
13                        or rehabilitation: lengths, sizes and key components.
14
15              ii) Wastewater/Reuse:
16
17                        Collection System/Reclaimed Water System Layout.  Identify general
18                        location of new pipe, replacement or rehabilitation: lengths,  sizes, and key
19                        components.
20
21                        Pumping Stations. Identify size, type, site location, and any special power
22                        requirements.  For rehabilitation projects, include description of
23                        components upgraded.
24
25                        Storage.  Identify size, type, location and frequency of operation.
26
27                        Treatment. Describe process in detail (including whether adding,
28                        replacing, or rehabilitating a process) and identify location of any
29                        treatment units and site of any discharges (end use for reclaimed water).
30                        Identify capacity of treatment plant (i.e. Average Daily Flow).
31
32              iii) Solid Waste:
33
34                        Collection. Describe process in detail and identify quantities of material
35                        (in both volume and weight), length of transport, location and type of
36                        transfer facilities, and any special handling requirements.
37
38                        Storage.  If any, describe capacity, type, and site location.
39
40                        Processing.  If any, describe capacity, type,  and site location.
41
42                        Disposal.  Describe process in detail and identify permit requirements,
43                        quantities of material, recycling processes, location of plant, and site of
44                        any process discharges.
45
46              iv) Stormwater:
47
48                        Collection System Layout.  Identify general location of new pipe,
49                        replacement or rehabilitation: lengths, sizes, and key components.
50
51                        Pumping Stations. Identify size, type, location, and any special power
52                        requirements.
53
      CWISA Guidelines                                                                     July 2013
      DRAFT                                      E-15

-------
 1                         Treatment.  Describe treatment process in detail.  Identify location of
 2                         treatment facilities and process discharges. Capacity of treatment process
 3                         should also be addressed.
 4
 5                         Storage. Identify size, type, location and frequency of operation.
 6
 7                         Disposal. Describe type of disposal facilities and location.
 8
 9                         Green Infrastructure. Provide the following information for green
10                         infrastructure alternatives:
11
12                         •   Control Measures Selected.  Identify types of control measures
13                            selected (e.g., vegetated areas, planter boxes, permeable pavement,
14                            rainwater cisterns).
15                         •   Layout: Identify placement of green infrastructure control measures,
16                            flow paths, and drainage area for each control measure.
17                         •   Sizing: Identify surface area and water storage volume for each green
18                            infrastructure control measure.  Where applicable, soil infiltration rate,
19                            evapotranspiration rate, and use rate (for rainwater harvesting) should
20                            also be addressed.
21                         •   Overflow: Describe overflow structures and locations for conveyance
22                            of larger precipitation events.
23
24           b)      Project Schedule.  Identify proposed dates  for submittal and anticipated approval
25                  of all required documents, land and easement acquisition, permit applications,
26                  advertisement for bids, loan closing, contract award, initiation of construction,
27                  substantial completion, final completion, and initiation of operation.
28
29           c)      Permit Requirements. Identify any construction, discharge and capacity permits
30                  that will/may be required as a result of the  project.
31
32           d)      Sustainability Considerations  (if applicable).
33
34                  i)  Water and Energy Efficiency. Describe aspects of the proposed project
35                     addressing water reuse, water efficiency, and water conservation, energy
36                     efficient design, and/or renewable generation  of energy, if incorporated into
37                     the selected alternative.
38
39                  ii) Green Infrastructure.  Describe aspects of project that preserve or mimic
40                     natural processes to manage stormwater, if applicable to the selected
41                     alternative. Address management of runoff volume and peak flows through
42                     infiltration, evapotranspiration, and/or harvest and use, if applicable.
43
44                  iii) Other. Describe other aspects of Sustainability (such as resiliency or
45                     operational simplicity) that are incorporated into the selected alternative, if
46                     incorporated into the selected alternative.
47
48           e)      Total Project Cost Estimate (Engineer's Opinion of Probable Cost). Provide an
49                  itemized estimate of the project cost based  on the stated period of construction.
50                  Include construction, land and right-of-ways, legal, engineering,  construction
51                  program management, funds administration,  interest, equipment, construction
52                  contingency, refinancing, and other costs associated with the proposed  project.
53                  The construction subtotal should be separated out from the non-construction
54                  costs.  The non-construction subtotal should be included and added to the

      CWISA Guidelines                                                                     July 2013
      DRAFT                                      E-16

-------
 1                 construction subtotal to establish the total project cost. An appropriate
 2                 construction contingency should be added as part of the non-construction subtotal.
 3                 For projects containing both water and waste disposal systems, provide a separate
 4                 cost estimate for each system as well as a grand total. If applicable, the cost
 5                 estimate should be itemized to reflect cost sharing including apportionment
 6                 between funding sources.  The engineer may rely on the owner for estimates of
 7                 cost for items other than construction, equipment,  and engineering.
 8
 9          f)     Annual Operating Budget.  Provide itemized annual operating budget
10                 information. The owner has primary responsibility for the annual operating
11                 budget, however, there are other parties that may provide technical assistance.
12                 This information will be used to evaluate the financial capacity of the system.
13                 The engineer will incorporate information from the owner's accountant and other
14                 known technical service providers.
15
16                 i)  Income. Provide information  about all sources of income for the system
17                     including a proposed rate schedule. Project income realistically for existing
18                     and proposed new users separately, based on existing user billings, water
19                     treatment contracts, and other sources of income.  In the absence of historic
20                     data or other reliable information, for budget purposes, base water use on 100
21                     gallons per capita per day. Water use per residential connection may then be
22                     calculated based on the most recent U.S. Census, American Community
23                     Survey, or other data for the state or county of the average household size.
24                     When large agricultural or commercial users are projected, the Report should
25                     identify those users and include facts to substantiate such projections and
26                     evaluate the impact of such users on the economic viability of the project.
27
28                 ii)  Annual O&M Costs.  Provide an itemized list by expense category and project
29                     costs realistically. Provide projected costs for  operating the system as
30                     improved. In the absence of other reliable data, base on actual costs of other
31                     existing facilities of similar size and complexity. Include facts in the Report
32                     to substantiate O&M cost estimates.  Include personnel costs, administrative
33                     costs, water purchase or treatment costs, accounting and auditing fees, legal
34                     fees, interest, utilities, energy  costs, insurance, annual  repairs and
35                     maintenance, monitoring and testing, supplies, chemicals, residuals disposal,
36                     office supplies,  printing, professional services,  and miscellaneous as
37                     applicable.  Any income from renewable energy generation which is sold back
38                     to the electric utility should also be included, if applicable.  If applicable, note
39                     the operator grade needed.
40
41                 iii) Debt Repayments.  Describe existing and proposed financing with the
42                     estimated amount of annual debt repayments from all sources.  All estimates
43                     of funding should be based on loans, not grants.
44
45                 iv) Reserves. Describe the existing and proposed  loan obligation reserve
46                     requirements for the following:
47
48                        Debt Service Reserve - For specific debt service reserve requirements
49                        consult with individual funding sources. If General Obligation bonds are
50                        proposed to be used as loan security, this section may be omitted, but this
51                        should be clearly stated if it is the case.
52
      CWISA Guidelines                                                                     July 2013
      DRAFT                                      E-17

-------
 1                        Short-Lived Asset Reserve - A table of short lived assets should be
 2                        included for the system (See Appendix A for examples). The table should
 3                        include the asset, the expected year of replacement, and the anticipated
 4                        cost of each.  Prepare a recommended annual reserve deposit to fund
 5                        replacement of short-lived assets, such as pumps, paint, and small
 6                        equipment.  Short-lived assets include those items not covered under
 7                        O&M, however, this does not include facilities such as a water tank or
 8                        treatment facility replacement that are usually funded with long-term
 9                        capital financing.
10
11   7.     CONCLUSIONS AND RECOMMENDATIONS
12
13   Provide any additional findings and recommendations that should be considered in development
14   of the project.  This may include recommendations for special studies, highlighting of the need
15   for special coordination, a recommended plan of action to expedite project development, and any
16   other necessary considerations.
17
18
     CWISA Guidelines                                                                  July 2013
     DRAFT                                     E-18

-------
1
2
Appendix A: Example List of Short-Lived Asset Infrastructure
           Estimated Repair, Rehab, Replacement Expenses by Item within up to 20 Years from Installation)
                  Drinking Water Utilities
                                                                 Wastewater Utilities
           Source Related
           Pumps
           Pump Controls
           Pump Motors
           Telemetry
           Intake/Well screens
           Water Level Sensors
           Pressure Transducers
     Treatment Related
     Chemical feed pumps
     Altitude Valves
     Valve Actuators
     Field & Process Instrumentation Equipment
     Granular filter media
     Air compressors & control units
     Pumps
     Pump Motors
     Pump Controls
     Water Level Sensors
     Pressure Transducers
     Sludge Collection & Dewatering
     UV Lamps
     Membranes
     Back-up power generators
     Chemical Leak Detection Equipment
     Flow meters
     SCADA Systems
     Distribution System Related
     Residential and Small Commercial Meters
     Meter boxes
     Hydrants & Blow offs
     Pressure reducing valves
     Cross connection control devices
     Altitude valves
     Alarms & Telemetry
     Vaults, lids, and access hatches
     Security devices and fencing
     Storage reservoir painting/patching
                                                  Treatment Related
                                                  Pump
                                                  Pump Controls
                                                  Pump Motors
                                                  Chemical feed pumps
                                                  Membrane Filters Fibers
                                                  Field & Process Instrumentation Equipment
                                                  UV lamps
                                                  Centrifuges
                                                  Aeration blowers
                                                  Aeration diffusers and nozzles
                                                  Trickling filters, RBCs, etc.
                                                  Belt presses & driers
                                                  Sludge Collecting and Dewatering Equipment
                                                  Level Sensors
                                                  Pressure Transducers
                                                  Pump Controls
                                                  Back-up power generator
                                                  Chemical Leak Detection Equipment
                                                  Flow meters
                                                  SCADA Systems
                                                  Collection System Related
                                                  Pump
                                                  Pump Controls
                                                  Pump Motors
                                                  Trash racks/bar screens
                                                  Sewer line rodding equipment
                                                  Air compressors
                                                  Vaults, lids, and access hatches
                                                  Security devices and fencing
                                                  Alarms & Telemetry
                                                  Chemical Leak Detection Equipment
     CWISA Guidelines
     DRAFT
                                                                                    July 2013
                                            E-19

-------
      Appendix F.  EPA Tribal Clean Water
   Program TDINex Data Entry Guidelines
CWISA Guidelines                                July 2013
DRAFT                   F-l

-------
                                                         CWISATDI Data Guidelines (March 2012)
 1
 2
 3
 4
 5
 6

 7
 8
 9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
                      EPA Tribal Clean Water Indian Set Aside Program
                        Tribal Direct Implementation Nexus (TDI Nex)
                                    Data Guidelines
                                      March 2012

   I.      Introduction
       The Tribal Direct Implementation Nexus (TDI Nex) unites existing data systems from the
Environmental Protection Agency (EPA) and Indian Health Service (IMS) with EPA Regional Tribal
and Alaska Native Village (ANV)  program data  to assist in  the oversight of the Clean Water
Indian  Set Aside (CWISA)  Program.  Information from existing agency wide data systems: the
IMS Project Data System (PDS), the EPA Integrated Grants Management System  (IGMS), and the
EPA Safe Drinking Water Information System (SDWIS) form the backbone of the TDI Nex.  The
EPA Regional Tribal/ANV data supplements the existing data  sources to improve EPA's ability to
describe the success of the CWISA program.

       This document  and tool was developed  in  conjunction  with  the   Drinking Water
Infrastructure  Grants Tribal Set  Aside (DWIG-TSA) Program.  There  is a separate TDI  Nex
guidelines document for the drinking water program.  SDWIS data  is not applicable to CWISA
funded projects

       This document summarizes  data  fields  available through the  TDI Nex Tool and the
responsibility and frequency of data updates. The use of this tool  is scheduled to start with the
FY 2012 funding year and aims to continue for future funding cycles or until future notice.

Figure 1: Data Sources Integrated via the TDI Nex
26
27
                               (   IMS Project Data \
                                     System (PDS)   )
       Management System
             (IGMS)
                               Implementation
                                 xus(TDINex)
                                       C3A Regional
                                       Vibal/ANV     J
                                       ogram Data
                                                               (Not applicable to CWISA)
     CWISA Guidelines
     DRAFT
                                          F-2
                                                                               July 2013

-------
                                                         CWISATDI Data Guidelines (March 2012)
 2
 3
 4
 5
 6
 7
 8
 9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
   II.     Purpose of Data Integration

       The data integration effort is part of an overall strategy by EPA to better establish the
specific public health benefits realized in both State  and tribal communities  by the State
Revolving  Fund and the Tribal set aside programs.  Data Integration will also improve EPA's
ability to: demonstrate the use of CWISA funds and identify aspects of program implementation
that  lead  to lasting success in Indian country.  The TDI  Nex tool will be  used to  improve
accountability of the CWISA program by helping to track and summarize the annual fund usage
over time. The outputs of the tool will  be  used  to help the CWISA program  demonstrate
successful implementation over time including a summary of EPA infrastructure investments.
The specific Region entered data fields are  intended to support EPA's goal of improved  program
accountability.

   III.     Summary of Data Responsibility

          Table  1  summarizes  the  minimum  update  frequency  and  responsibly  entity
associated with the four data sources integrated by the TDI Nex.  EPA Headquarters will be
responsible for updating the IGMS, IMS PDS and SDWIS data sources quarterly. It is requested
that the Regional Program Data should be updated by the EPA Regions at a minimum prior to
each of the bi-annual Regional—Headquarters check in discussions.  Additionally, any project
changes that impact the regional data fields (see Table 3 below) and occur outside of scheduled
meetings should be updated within 30 calendar days of the change.

Table 1: Data Source Minimum Update Frequency and Responsibility
Data Source
Integrated Grants
Management System
(IGMS)
Safe Drinking Water
Information System (SDWIS)
IMS Project Data System
(PDS)
Regional Tribal and ANV
Program Data
Minimum Update
Frequency
Quarterly
Quarterly
Quarterly
Bi-Annually prior to check-
in meetings
Responsibility Entity
EPAHQ
EPAHQ
EPAHQ
EPA Regions
Notes

N/A to CWISA
-
-
24

25
26
27
28

29
30
   IV.  Description of Data Sources

          The following  section describes  the data fields associated with  each  database
 included in the TDI Nex tool.

             A. Integrated Grants Management System (IGMS) Data
       The Integrated  Grants Management Systems (IGMS)  is a database used by  EPA to
manage grant and interagency agreement funding agency wide. Twenty - three (23) IGMS data
     CWISA Guidelines
     DRAFT
                                                                              July 2013
                                          F-3

-------
                                                          CWISATDI Data Guidelines (March 2012)
 1
 2
 3
 4
 5
 6
fields that are of importance to EPA's tribal clean water program have been incorporated into
the TDI Nex via a data pull from IGMS that is scheduled to be completed quarterly by EPA
Headquarters and uploaded to the TDI Nex tool via an excel spreadsheet.  The IGMS data will
include the follow fields:

Table 2: Integrated Grants Management System Data Fields Included in the TDI Nex
     Awarding Region Code
     Applicant Type
     Project Officer
     Award Date
     Award Fiscal Year
     Grant No
     Grant Family
     Grant Status
     Program Code
     Project Description
     Project Title
                                            Project Start Date
                                            Project End Date
                                            Applicant Name
                                            EPA Amount This Action
                                            Total EPA Amount Awarded to Date
                                            Recipient Contribution: Amended Total
                                            Other Federal Funds: Amended Total
                                            EPA Amount: Amended Total
                                            Expenditure Amount
                                            Unliquidated Obligation Amt
                                            Final Report
                                            Final Report Date
 7
 8
 9
10

11
12
13
14
15
16
17
18
19
20
21
Detailed  description  of  the  data  fields  in  IGMS  can  be  found  at  this  web  link:
http://www.epa.gov/enviro/facts/igms/userguide.html

             B.  Indian Health Service Project Data System (PDS) Data

       The Indian Health Service (IHS) maintains six data systems within the Sanitation Tracking
and Reporting System (STARS). The data system that is of most  importance to  the fiduciary
responsibilities of the EPA's tribal clean water set aside program is the Project  Data  System
(PDS).  PDS data is used by IHS to track construction project progress.  Fifty-two (52) PDS data
fields of importance to EPA's tribal clean water program will been incorporated in the TDI Nex
via   a quarterly data  pull to  be  coordinated  between  EPA  and IHS Headquarters.  EPA
Headquarters will upload the data to the TDI Nex tool quarterly. The data from PDS will  be
arranged in six  (6) tabs  (Project Details, Project  Milestones, Homes, Project Costs,  Project
Funding and IA Project Ids) and will include the following fields:

Table 3: IHS Project Data System Data Fields Included in the TDI Nex
IHS Area
PDS Project Number
EPA Region
Project Name
Tribe
Community State Code
Community Name
Project Homes
Total Cost
Total Funding
Percent Project Complete
Percent Funds Expended
MOA Signed Date
Construction Start Date
Construction Complete Date
Final Report Date
Last Update
Housing Group
Home Type
Number Homes

     CWISA Guidelines
     DRAFT
                                                                               July 2013
                                          F-4

-------
                                                         CWISATDI Data Guidelines (March 2012)
     Percent Construction Complete
     Percent Project Complete
     Percent Funds Expended
     MOA Signed Date
     Construction Start Date
     Construction Complete Date
     Final Report Date
     Last Update
     Scope
     Percent Construction Complete*
     Construction Document Start Date *
     Construction Documents Complete Date *
     Construction Phase Start Date *
     Construction Phase End Date *

     * Includes: Proposed, Estimated,  and Actual
     Dates.
                                           Homes Served
                                           Initial Deficiency Level (IDL)
                                           Final Deficiency Level (FDL)
                                           First Service Homes
                                           Funding Source Code
                                           Funding Source Name
                                           Fiscal Year
                                           Funding Year
                                           Estimated Cost
                                           Actual Cost
                                           Document Num. ("Interagency Agreement")
                                           Estimated Amount
                                           Estimated Expenditure
                                           Document ("Interagency Agreement") Signed
                                           Date
                                           Start Date
                                           End Date
                                           Document ("Interagency Agreement") Amount
 1
 2
 3
 4
 5

 6
 7
 8
 9

10
11
12
13
14
Additional information regarding these data fields can be found in the Sanitation Tracking and
Reporting System User Manual (September 2008).

             C. Safe Drinking Water Information System (SDWIS) Data

       The SDWIS contains information about public water systems and their violation of EPA's
drinking water regulations, and is not applicable to CWISA funded projects.

             D. EPA Regional/ANV Tribal Program Data

       Table 4  contains five key numeric data  fields Regions are asked to fill in order to
reference data tables within the tool.

Table 4: Region Entered Project Identifiers
Data Field
Funding Source
Region Project ID#
Description
Identifies where the
program funds will be
taken from
Number which will
identify projects before
there are IGMSorPDS
numbers available
Source
EPA Region
EPA Region
Data Field
Location in TDI
Nex
Clean Water
Project Detail
Clean Water
Project Detail
     CWISA Guidelines
     DRAFT
                                         F-5
                                                                              July 2013

-------
                                                          CWISATDI Data Guidelines (March 2012)
Data Field
IMS IA/PDS Number
IA Number
EPA Grant Number
Description
Number associated with
IA funded project
Number which identifies
the Interagency
Agreement under which
the project is funded
Number associated with
direct grant project
Source
IMS (Must be
entered by EPA
Region)
EPA Region
EPA Region
Data Field
Location in TDI
Nex
Clean Water
Project Detail
Clean Water
Project Detail
Clean Water
Project Detail
 1
 2
 3
 4
 5
 6
 7
 8
 9
10
11
12
       Table 5 lists optional data fields that can be used as needed by Regions to assist in their
CWISA program  management. The fields described in Table 5 represent data that is currently
not tracked  by any of the aforementioned existing databases, but are required under the 1998
DWIG-TSA Program Guidelines (not required by CWISA guidelines).  As a condition of the EPA
National Tribal Drinking Water Operator Certification program and as part of an overall effort
by EPA to better establish the specific public health  benefits realized in both State and tribal
communities by  the Sate Revolving Fund and DWIG-TSA programs, DWIG-TSA Regional project
managers will be responsible for data entry for the fields listed in Table 5.

Table 5: Region Entered Data Fields (optional for CWISA projects)
Reference
Number
a
b
c
d
Region Entered Data
Field
Certified Operator(s)
appropriate to
operate/maintain
current
infrastructure
Certified Operator(s)
appropriate to
operate/maintain
future infrastructure
Project Purpose
Primary Project
Purpose
Description
Y/N
Y/N/Agrees to Obtain
Narrative of the specific
public health benefit (s)
achieved by this project
Pick List menu of purpose
categories to provide sort-
able data
Notes
At the time of
project application
At the time of
project application
See Section IV-D-2
for additional
guidance.
See Section IV-D-3
for additional
guidance.
Data Field
Location in
TDI Nex
Clean Water
Project
Detail
Clean Water
Project
Detail
Clean Water
Project
Detail
Clean Water
Project
Detail
     CWISA Guidelines
     DRAFT
                                           F-6
                                                                                July 2013

-------
                                                          CWISATDI Data Guidelines (March 2012)
e
f
g
h
i
j
Primary
Infrastructure
category
Technical Assistance
(TA) Provided
System has the
technical,
managerial, and
financial capacity to
operate the planned
infrastructure
Capacity Agreement
Fiscal Year Funding
Tag
Project phased
Enable project to be
categorized by
infrastructure type(s)
(attached)
Drop down EPA Funded
TA, Other Funded TA, EPA
and Other Funded TA or
None.
Y/N (condition of funding
from SDWA and 1998
Guidance)
Y/N tribal entity
responsible for funding
system operations has
entered into an
agreement to develop the
capacity to operate the
planned infrastructure
Identifies the fiscal year
of the funds used for
the project
Yes/No
See Section IV-D-4
for additional
guidance.
Currently or in the
last 12 months
prior to project
application.
At the time of
project application
Conditional


Clean Water
Project
Detail
Clean Water
Project
Detail
Clean Water
Project
Detail
Clean Water
Project
Detail
Clean Water
Project
Detail
Clean Water
Project
Detail
1
2
3
4
5
6
Table 6 list additional optional data fields that can be used as needed by Regions to assist in
their CWISA program management.

Table 6: Region Entered Data Fields (optional for CWISA projects)
Reference
Number
k
1
m
Region Entered
Data Field
Secondary Project
Purpose
Secondary
Infrastructure
Category
Responsible Entity
Description
Allows categorization of
an additional project
purpose
Allows categorization of
an additional
infrastructure category
Responsible entity for
oversight of the
wastewater system pick
list tribal utility board,
Notes
Pick List
Pick List
Pick list
Data Field Location in
TDI Nex
Clean Water Project
Detail
Clean Water Project
Detail
Clean Water Project
Detail
    CWISA Guidelines
    DRAFT
                                           F-7
                                                                                  July 2013

-------
                                                           CWISATDI Data Guidelines (March 2012)




n









O




P


q








System O&M
Funding Sources








System Receiving
Infrastructure has
Asset
Management
Program
Project
Prioritization Score

Regional Funding
Tracking



tribal council, federal
government, local (non-
tribal) government or
none
Identifies the funding
sources and percent that
each attribute to each of
the operation and
maintenance of the
system. List all sources of
funds (user fees, tribal
enterprise, tribal general
funds, federal
government or other.)
Y/N/Will receive tool as
part of project



Ranking scheme based
on Regional solicitation
and prioritization process
Field used to track
returned and de-
obligated project funds
to ensure full project
accounting.




See Section
IV-D-5 for
additional
guidance














As needed








Clean Water Project
Detail








Clean Water Project
Detail



Clean Water Project
Detail






 1       1.  Regional Entered Data Field Descriptions
 2        a.  Certified Drinking Water/Wastewater Operator(s) appropriate to operate/maintain
 3            current infrastructure (optional): The intent of this field (Yes/No) is to establish if the
 4            system receiving project funds is being operated an adequately trained and certified
 5            operator. This  helps ensure  the  system  has  adequate  technical,  managerial, and
 6            financial capacity.

 7        b.  Drinking Water/Wastewater  Certified Operator(s) appropriate to operate/maintain
 8            future  infrastructure or  agreement to obtain (optional): The intent of this  field
 9            (Yes/No/Agrees to Obtain) is to indicate if the system receiving funds will be operated
10            by adequately trained  and  certified  operator following project  completion. An
11            appropriately certified operator helps ensure the  system has adequate technical,
12            managerial, and financial capacity.

13        c.  Project Purpose Narrative (optional): the intent of this narrative field is to specifically
14            establish how the  infrastructure funded  by the Tribal set aside will improve public
15            health  in Indian country by;  a.) facilitating compliance with the Clean Water Act (CWA)
16            and/or b.)  significantly  furthering the  health  objectives of the CWA and  CWISA
     CWISA Guidelines
     DRAFT
                                      July 2013
F-8

-------
                                                           CWISATDI Data Guidelines (March 2012)


 1            Program Guidelines. The population of this field explains the contribution a project
 2            has to public health protection as indicated by the traditional program measure for
 3            the provision of access to safe wastewater sanitation services (WQ-24) and/or other
 4            public health impacts. Additional details provided in Section IV-D-2 below.

 5         d.  Primary Project Purpose Category (optional): the intent of this data pick list field is to
 6            provide easy sorting of projects for data summary and analysis purposes according to
 7            categories of public health purpose. Additional details provided in Section IV-D-3

 8         e.  Primary  Infrastructure  category (optional): The intent  of this  pick list  field is to
 9            systematically categorize the infrastructure funded by the Tribal set aside programs.
10            Data in this field will allow for a more complete summarization  and analysis of the
11            infrastructure  built  by  EPA  in  Indian country (e.g.  most  common  infrastructure
12            category is addressing limited wastewater capacity). Data  in this field will promote the
13            adoption of best practices and allow EPA to quickly identify the general use of funds
14            for a particular system or tribe. Additional detail on this field is provided in  Section IV-
15            D-4.

16         f.  Technical Assistance Provided (optional): The intent of this field pick list is to establish
17            if a system receiving CWISA funds is receiving or has received support from services
18            funded by EPA, other technical assistance support, or none in the last 12 months prior
19            to funding  application. Information  in this field will enable  EPA to better understand
20            the capacity support provided for each project and  promote comparative  analysis of
21            post project outcomes.

22         g.  Technical, managerial, and financial (TMF) capacity (optional): The intent of this field
23            (Yes/No) is to establish that the system receiving CWISA funds currently has adequate
24            technical, managerial, and financial capacity.

25         h.  Capacity Agreement (optional): The intent of this field (Yes/No)  is to establish that a
26            system receiving CWISA funds that does not possess adequate technical, managerial,
27            and financial capacity has entered into an agreement to undertake feasible  changes in
28            operations necessary to ensure  that the system has the technical, managerial, and
29            financial capability.

30         i.  Fiscal Year Funding Tag (optional): The intent of this field is to establish the primary
31            fiscal year  of the funds awarded to an infrastructure project.   If a  project utilizes
32            multiple funding years,  the EPA Region should select the fiscal year from which the
33            majority of the  project funds originated.

34         j.  Project Phased (optional): The intent  of this Y/N field is to determine if additional
35            project phases must be completed before the project purpose is fulfilled. If in order to
36            fulfill the project purposed additional project(s) must be complete then the project is
37            phased  (Yes).   If the project purpose  will be met  when this project is complete  -
38            without a need for additional funding - then the project  is  not phased (No).

     CWISA Guidelines                                                                   July 2013
     DRAFT                                     F-9

-------
                                                           CWISATDI Data Guidelines (March 2012)


 1         k.  Secondary Project Purpose (optional):  The intent of this field is to allow regions to
 2            categorize a secondary project purpose.

 3         I.   Secondary Infrastructure Category (optional): The intent  of  this field is  to  allow
 4            regions to categorize additional infrastructure categories as applicable.

 5         m. Responsible Entity (optional): The intent  of this pick  list field is to establish  how
 6            operation of the wastewater system receiving CWISA funding is overseen (e.g. a utility
 7            board, tribal council,  local  non-tribal government, federal government or none).
 8            Information in this field will provide insight on the  organizational set-up of wastewater
 9            systems receiving EPA funds.

10         n.  Wastewater System O&M Funding Source (optional):  The intent of this field  is to
11            determine the source(s)  of funds utilized by the  utility  system to regularly  maintain
12            and  operate  its facilities. Information  in this  field  will  provide  insight  on  the
13            organizational set-up of wastewater systems receiving EPA Tribal set aside funds and
14            help identify systems/projects that may benefit from managerial and financial capacity
15            training to help ensure optimal operation of infrastructure over its lifetime. Additional
16            detail on this field is provided  in Section IV-D-5.

17         o.  System Receiving Infrastructure has Asset Management  Program (optional): The
18            intent  of this  field  is to establish  if  the system receiving the CWISA funded
19            infrastructure has or will have by project completion, a program to effectively manage
20            their existing and future assets.  EPA has an interest in  providing asset management
21            tools  for systems  in  Indian  country to  help ensure  proper  operation  of water
22            infrastructure  to  achieve continual  compliance  with the  CWA and  to  avoid
23            unnecessary use of program funds.

24         p.  Regional Project Ranking (optional): This intent of this field is for use by EPA Regions,
25            to indicate the regional ranking associated with a project.

26         q.  Regional Fund Tracking (optional):  The intent of this field is to track funding of
27            projects that utilize funds from multiple fiscal years.

28        2.    Project Purpose Narrative Data  Field Entry Guidelines

29       The minimal reporting guidelines for data entry in the Project Purpose field by EPA Regional
30   staff are described below. This data may be entered into either:
31
32      i.   The "Project Description" data field in IGMS data system for direct grant and IA funded
33          projects
34     ii.   The "Project Description" data in IMS PDS data system for IA funded projects
35     iii.   The "Project Purpose Narrative" data field  in the TDI Nex for direct grant and IA funded
36          projects
     CWISA Guidelines                                                                   July 2013
     DRAFT                                      F-10

-------
                                                           CWISATDI Data Guidelines (March 2012)


 1    If possible, it is recommended that EPA Regional staff utilize option  (i) to ensure the quality of
 2    the data contained within the "Project Description" field  in IGMS is consistent across EPA data
 3    systems and to reduce duplicative data entry requirements.
 4
 5    Option ii could be used for CWISA  projects funded through lAs with IMS. Under this option, the
 6    EPA Regions could ask the IMS Area to input the level of  detail requested by EPA  into the PDS
 7    data system.
 8
 9    Option iii relies upon duplicative direct data entry into the TDI Nex and data is entered into the
10    Project Purpose field.
11
12    Project purpose narrative field data that meets these guidelines will only need to  be  re-visited
13    by the EPA Region if changes in scope occur that alter a project's purpose.

14       a.   Background: The  intent of this field is to establish  how the infrastructure funded by the
15          Tribal  set aside  will  improve  public  health  in  Indian  country by;  a.) facilitating
16           compliance with the CWA and/or b.) significantly furthering the health objectives of the
17           CWA and  CWISA  Guidelines. Data entered into this field must explain the  contribution
18           an awarded project will make to the protection of public health as demonstrated by the
19           EPA Tribal Clean Water program measure: WQ-24 and/or other health indicators.

20           •   WQ-24.N11:   Number  of  American Indian and Alaska  Native  homes provided
21              access to basic sanitation in coordination with other federal agencies.

22       b.   Data Field Guidelines: This field should be populated by 1 or more  sentences that
23           include the following:

24           •   Identification  of the  specific  system infrastructure deficiencies addressed  by the
25              awarded project
26              o   Identification of the total  system  infrastructure deficiencies (for  phased and
27                 shared cost projects)
28           •   Description of the negative public health  effects and/or threats  caused  by the
29              identified  system  infrastructure  deficiencies  (include an estimate  of population
30              affected for  phased, first service, new wastewater system,  shared  cost, and
31              feasibility study projects)
32              o   Public  health effect: a  demonstrated and documented health impact  on the
33                 service population  or  the environment  (e.g.  health-based  violations, water
34                 quality monitoring data, health impairments due to wastewater exposure, etc.)
35              o   Public  health threat: an identified situation that may lead to a public  health
36                 effect based upon existing water system deficiencies (e.g. lagoon seepage, point
37                 source pollution, wastewater exposure etc.)
     CWISA Guidelines                                                                   July 2013
     DRAFT                                      F-ll

-------
                                                          CWISATDI Data Guidelines (March 2012)


 1          •  Description  of what infrastructure will  be built and how that infrastructure will
 2             address the  identified deficiencies.
 3          •  Identification of the specific public health benefit(s) gained or negative public health
 4             impact(s) avoided by addressing the infrastructure deficiencies.

 5       c.  Data Entry Examples:
 6   (Examples are drafted for DWIG projects - CWISA funded projects my use similar language, as
 7   appropriate.)
 8
 9                /.    Existing System Upgrade

10   This project will prevent TCR violations as well as address DBPR MCL exceedences for TTHMs
11   caused  by  bacteriological growth and low pressure due undersized pipe, and dead-ends by
12   replacing existing mains with 5000' of 10  inch pipe  to loop the  system which will improve the
13   hydraulics, prevent growth and support compliant chlorine residuals.
14
15               ii.    First Service Extension

16   The project directly  addresses an  ongoing Radionuclides Rule MCL violation at the current
17   system  (PWS  ID  090400267) by  taking  the  current  system  offline  and  extending the
18   neighboring,  NPDWR compliant Bald Hill water system to serve the 30 residents of Bald Hill on
19   Hoopa Valley Tribal Lands.  This grant will provide funds for the construction of 2 drinking water
20   tanks, 2 pump stations, and 10,000 ft of 6" PVC  pipeline. Pre-award costs have been approved
21   back to August 1, 2004.
22
23              ///'.    New System

24   This project will address a significant risk to public  health from bacteriological contamination
25   and disruptions in service due to treatment malfunction and water main breaks. One main
26   break resulted in a loss of pressure and required the issuance of a boil water notice. This grant
27   will  provide funds for  the construction of a new community water system to serve the 60
28   residents of the Kwigillingok Village in Alaska. The current system is scheduled to reach the end
29   of  its design life by 2014.  The  new system  will  include; a  new treatment  building and
30   equipment, 1 new tank, and a new water main and distribution system.  The new system will
31   rely on a geothermal power plant installed by the Department  of Energy to reduce operating
32   costs and provide circulated heat to prevent pipe breaks.
33
34              iv.    Phased Project

35   This project is Phase I  of IV of an overall plan  to  construct a  50 mile transmission line and
36   regional water system between Shiprock, NM and Sweetwater, AZ. The fully completed project
37   will address Arsenic MCL violations at 5 water systems (NN0400571, NN0400572, NN0400574,
38   NN0400575,  and NN0400578)  that serve 7832 residents/1958 homes in 7 communities with a
39   current deficiency of 4. In addition, this project will increase revenues by expanding the rate

     CWISA Guidelines                                                                  July 2013
     DRAFT                                    F-12

-------
                                                         CWISATDI Data Guidelines (March 2012)


 1   payer base and provide operational efficiencies to help address TCR MR repeat major violations
 2   at NN0400572 and NN040574.

 3   Phase  I  will address the Arsenic MCL violation for 600  homes (1200  residents)  in  the
 4   Sweetwater System (NN0400571). Construction will include; two 500,000 gallon water storage
 5   tanks in  Sweetwater and  Teec Nos Pos, a 300  gallon-per-minute  (gpm) booster station in
 6   Sweetwater with  a 3-phase  power  line  upgrade,  17,000' of  6"  waterline between  the
 7   Sweetwater Master Well and the Sweetwater Franco-Western Well,  250'  of 14" water
 8   transmission line, booster station upgrades at two sites in Beclabito, and a new booster station
 9   on the existing inter-tie between Cudei and Beclabito.

10               v.    Shared Cost Project

11   This project will address a risk to public health from bacteriological contamination caused by
12   chlorination equipment malfunction and subsequent interruptions  in service as well as a lack of
13   staffing by installing a new water treatment plant. This project includes construction of a new
14   building,  two  new high service  pumps at  the water treatment plant for pumping  to  the
15   community elevated water storage reservoir, two new high service pumps at the lake intake, a
16   chlorine contact tank with equalization storage at the  water treatment plant, three chemical
17   treatment  rooms for chorine/fluoride, ammonia, and  filter cleaning chemicals,  and  modest
18   office and laboratory space for water treatment plant operation. This project  is being funded by
19   EPA and  IMS. EPA's contribution will be used to fund  outside engineering services to provide
20   specialized design  work needed for the geotechnical evaluation, the building and its systems,
21   and possibly the treatment process itself.
22
23               vi.    Feasibility Study

24   This project is for  a feasibility  study to target the best option to  directly address the Arsenic
25   Rule exemption at the Meneger's  Dam water system set to expire in 2015. This project  will
26   provide for a feasibility study to compare the total life time system costs of, but not limited to,
27   the following alternatives:
28
29       •   Creating an expanded regional water system that will connect the Meneger's Dam water
30          system to the proposed Gu Vo/Pia Oik Regional Water System. The Gu Vo water system
31          will be  combined with the Pia Oik water system under IMS projects TU 99-262 and TU
32          99-252, creating the Gu Vo/Pia Oik Regional Water System.  The Gu VO/Pia  Oik Regional
33          Water System will utilize a water source with an arsenic level of only 5 ppb.
34       •   Provide a water treatment plant for the Meneger's Dam water system.

35   Findings from this study will be used to plan and design the most cost effective and expedient
36   solution to ensure  public health protection under the Arsenic Rule for the population served by
37   the Meneger's Dam system.
38
39

     CWISA Guidelines                                                                  July 2013
     DRAFT                                    F-13

-------
                                                          CWISATDI Data Guidelines (March 2012)


 1              vii.    Other Infrastructure

 2   This project  will directly address TCR MCL violations due to bacteriological contamination
 3   caused  by water system  power loss and subsequent pressure loss. Loss of pressure in drinking
 4   water systems  is closely associated with bacteriological contamination of water supplies and
 5   the risk of exposure to disease causing organisms. Both systems have experienced TCR MCL
 6   violations and have issued boil water notices over the last year during power failures. One
 7   diesel powered generator will be installed at the two small Tribal community water systems to
 8   provide power during predictable interruptions in power supplied by San Diego General Electric
 9   during wind storms and fire events and maintain pressure within the system.
10
11         3. Project Purpose Category Data Field Entry Guidelines

12          To enable the categorization and  sorting of  projects to summarize  use of funds and
13   identify trends, the Project Purpose Category "pick list" may be  used in conjunction with  the
14   Project Purpose Narrative field. The following list of purpose categories is intended to identify
15   the public  health  impact of  each project. Users are requested  to select the primary and if
16   needed secondary categorical purpose for each CWISA funded project.
17
18   The infrastructure project will [check one] (	directly OR	as part of a phased approach):
19
20       a.  Address public exposure to untreated wastewater
21       b.  Address limited wastewater treatment capacity
22       c.  Provide first service to homes that lack access to basic sanitation
23       d.  Provide operational efficiencies and reduce O&M
24       e.  Other

25          4.  Infrastructure Category Data Field Entry Guidelines

26          The  Infrastructure Category pick list may be used  to enable the categorization and
27   sorting  of projects to summarize  the use of funds and identify trends. The following list of
28   infrastructure categories is intended to clearly identify the main purpose of the wastewater
29   system  capital expenditure funded directly by EPA.  Users may select the primary and if needed
30   secondary infrastructure  category for each CWISA funded project.
31
     CWISA Guidelines                                                                  July 2013
     DRAFT                                     F-14

-------
                                                          CWISATDI Data Guidelines (March 2012)
                                     Clean Water Indian Set Aside
                                  Project Infrastructure Categories1
         Project
         Infrastructure
         Category
                Description
         Planning
                Engineering Project Report  that  includes: executive  summary,
                background narrative,  preliminary design description, alternative
                considered and  recommended solution, permits required,  O&M
                requirements, environmental  considerations,  and  project  cost
                estimate.
         Design
                Construction project plans and budget
         Wastewater
         Treatment Plant
                Screens, grit removal, clarifiers, sludge pumps, aeration, blowers,
                trickling filters,  batch  reactors,  biological  reactors,  digesters,
                recirculating  pumps,   chemical   feed,  filtration,  chlorination,
                dechlorination,    UV    disinfection,    dewatering,    biosolids
                management, nutrient removal, constructed wetlands, and sludge
                disposal
         Wastewater
         Lagoon
                Wastewater  treatment  lagoons, aeration  basins  and   ponds,
                aerators, and sludge disposal
         Decentralized
         Wastewater
         Treatment
                Onsite septic  systems for individual  homes or small  clusters of
                homes
         Wastewater
         Collection
                Wastewater mains (transport of wastewater through a piping grid
                serving customers),  service  line replacement,  service lines, lift
                stations, clean outs, valves (gate, butterfly,  etc.) control valves,
                backflow prevention devices, and meters.
         Other
                Laboratory capital  costs  for  labs owned  by the  system,  asset
                management software/program, computer and automation cost
                (SCADA),  pump controls/telemetry, emergency  power, security
                fencing, security other physical (lights, wall, manhole locks,  other
                locks), security electronic/cyber (computer firewall, closed circuit
                TV), security  monitoring tools  (identify  anomalies  in  process
                streams or finished water), flow meters, generators, & utility shop
                maintenance materials.
1
2
3
4
5
6
Select categories adapted from professional technical knowledge and the Clean Watersheds Needs
Survey.  Items listed for each description are intended to indicate where different system
infrastructure components should be categorized. It is not an exhaustive list of eligible examples.
    CWISA Guidelines
    DRAFT
                                                                       July 2013
                                 F-15

-------
                                                          CWISATDI Data Guidelines (March 2012)


 1          5.  Wastewater System Funding Source Data Field Entry Guidelines (Optional Regional
 2             Field)

 3          Wastewater system support for the maintenance and operation  is crucial for the service
 4   population to receive the maximal public  health  benefit from EPA's  water infrastructure
 5   investments. The categories listed below enables the user to categorize the source of funding.
 6   Categorization of funding source provides a method to easily identify trends in  project award,
 7   as well as retrospective analysis of post award performance. Information contained within this
 8   field will  also help EPA target the appropriate  party for managerial and  financial capacity
 9   training to support system viability.
10
11   Wastewater System Funding Source
12       •   User fees
13       •   Tribal Government General Fund
14       •   Tribal Economic Enterprises
15       •   Federal Government
16       •   Other

17
     CWISA Guidelines                                                                   July 2013
     DRAFT                                     F-16

-------
   Appendix G.  Project Types/Infrastructure
                                    Categories
CWISA Guidelines                                    July 2013
DRAFT                    G-l

-------
1
2
Excerpt from CWISA Data Guidelines (March 2012)
                                    Clean Water Indian Set Aside
                                  Project Infrastructure Categories1
         Project
         Infrastructure
         Category
                         Description
         Planning
                         Engineering Project Report  that  includes: executive summary,
                         background narrative,  preliminary design description, alternative
                         considered and  recommended solution, permits required, O&M
                         requirements, environmental considerations,  and  project  cost
                         estimate.
         Design
                         Construction project plans and budget
         Wastewater
         Treatment Plant
                         Screens, grit removal, clarifiers, sludge pumps,  aeration,  blowers,
                         trickling filters, batch  reactors,  biological  reactors, digesters,
                         recirculating  pumps,  chemical   feed,  filtration,   chlorination,
                         dechlorination,    UV    disinfection,    dewatering,    biosolids
                         management, nutrient removal, constructed wetlands, and sludge
                         disposal
         Wastewater
         Lagoon
                         Wastewater  treatment  lagoons,  aeration  basins  and  ponds,
                         aerators, and sludge disposal
         Decentralized
         Wastewater
         Treatment
                         Onsite septic  systems for  individual  homes  or  small clusters of
                         homes
         Wastewater
         Collection
                         Wastewater mains (transport of wastewater through a piping grid
                         serving customers),  service line replacement, service lines, lift
                         stations, clean outs, valves (gate, butterfly,  etc.)  control valves,
                         backflow prevention devices, and meters.
         Other
                         Laboratory capital  costs  for labs owned  by the system,  asset
                         management software/program,  computer and automation cost
                         (SCADA),  pump controls/telemetry, emergency  power, security
                         fencing, security other physical (lights, wall, manhole  locks,  other
                         locks), security electronic/cyber (computer firewall, closed circuit
                         TV), security  monitoring tools  (identify  anomalies  in  process
                         streams or finished water), flow meters, generators, & utility shop
                         maintenance materials.
3
4
5
Select categories adapted from professional technical knowledge and the Clean Watersheds Needs
Survey. Items listed for each description are intended to indicate where different system infrastructure
components should be categorized. It is not an exhaustive list of eligible examples.
    CWISA Guidelines
    DRAFT
                                                                                July 2013
                                          G-2

-------
       Appendix H.  Grant Management and
                    Oversight Requirements
CWISA Guidelines                                 July 2013
DRAFT                  H-l

-------
 1
 2
 3
 4
 5
 6
 7
 8
 9
10
11
                                         Appendix H
                   Grant Management and Oversight Requirements

Grants through  the CWISA  program  are subject to  assistance  agreement regulations, Office of
Management and Budget (OMB) cost principles, the Cash Management Improvement Act, and Agency
policies. Grants must be awarded and managed as any other assistance agreement. The Office of Grants
and Debarment  (OGD) has developed  Orders, Grants Policy Issuances (GPIs) and directives to assist
project officers and program offices in fulfilling  and understanding their responsibilities (available at
http://intranet.epa.gov/ogd/policv/policy.htm.  Several  grant  requirements are  discussed  in further
detail below.
      Orders, Policies, and Directives    Overview
      EPA Order 5700.7, Environmental
      Results Under Assistance
      Agreements
                                 The Order applies to funding packages to the Grants Management
                                 Office after January 1,2005, and requires EPA Program Offices to:
                                  1) Link proposed assistance agreements to the Agency's Strategic
                                     Plan/Government Performance and Results Act (GPRA)
                                     architecture;
                                  2) Ensure that outputs and outcomes are appropriately addressed in
                                     assistance agreement work plans and funding recommendations;
                                     and
                                  3] Ensure that progress in achieving agreed-upon outputs and
                                     outcomes is adequately addressed in grantee progress reports and
                                     advanced monitoring activities.
      OGD policy memorandum GPI 00-
      02, Pre-Award Costs, and 2 CFR 225
                                 Applies to all grants awarded on or after April 1,2000 and addresses
                                 EPA's revised interpretation of a provision in the general grant
                                 regulations at 40 CFR 31.23(a) concerning the approval of pre-award
                                 costs.
                                 Addresses EPA's interpretation of a provision in the general grant
                                 regulations at 40 CFR 31.23(a) allowing up to 90 days of preaward
                                 costs.
                                   •  Recipients may incur pre-award costs [up to] 90 calendar days
                                     prior to the award date provided they include such costs in their
                                     application, the costs meet the definition of pre-award costs and
                                     are approved by the EPA Project Officer  and EPA Award Official.
                                   •  The award official can approve pre-award costs incurred more
                                     than 90 calendar days prior to the grant award date, in appropriate
                                     circumstances, if the pre-award costs are in conformance with the
                                     requirements set forth in 2 CFR 225 (supersedes OMB Circular A-
                                     87, Cost Principles for State, Local, and Indian Tribal Governments)
                                     and with applicable Agency regulations,  policies and guidelines.
                                 If otherwise consistent with the coverage of 2 CFR 225, the following
                                 two situations may meet the requirements at Appendix B 31. Pre-
                                 award costs:
                                   •  Any allowable costs incurred after the start of the fiscal year for
                                     which the funds were appropriated but before grant award (i.e. for
                                     a FY 2010 project, this date is October 1, 2009).
                                   •  Allowable facilities planning and design costs associated with the
                                     construction portions of the project included in the grant that were
                                     incurred before the start of the fiscal year for which the funds were
                                     appropriated (i.e. for a FY 2010 project, this date is October 1,
                                     2009).
      CWISA Guidelines
      DRAFT
                                                                                       July 2013
                                              H-2

-------
Orders, Policies, and Directives
OMB Circular A-16, which
incorporates Executive Order
12906 and the One-Stop Geospatial
E-gov Initiative
OGD Cost Review Guidance
EPA Order 5700.6A2, Policy on
Compliance, Review, and Monitoring
OGD directives to project officers
OGD policy memorandum GPI 08-
05, Guidance regarding Grants
Management and the Management
of I nteragency Agreements under
the Performance Appraisal and
Recognition System (PARS)
Office of Human Resources (OHR)
PARS policy documents
"Place of performance"
requirement

Project officer must indicate in the funding recommendations for a
proposed assistance agreement that the grant involves or relates to the
creation, collection, or analysis of geospatial information.
GPI's 00-05 & 08-04 require EPA staff to review all elements of cost for
all funding packages. Cost review checklists are available at
http://intranet/epa.gov/ogd/cost review/main/index.htm.
Streamlines post-award management of assistance agreements and
helps ensure effective oversight of recipient performance and
management. Requires EPA project office to develop and carry out
post-award monitoring plan, and conduct annual baseline monitoring
or the equivalent for every award.
Grants will be managed according to the EPA Project Officer Manual
fhttp://intranet.epa.gov/OGD/proiect officer manua!6/)and directives
listed at http://intranet.epa.gov/OGD/policv/policv.htm

For consideration in assessing grants project officer and
supervisor/manager compliance with key grants management policies
under the PARS process, developing PARS performance agreements,
and conducting mid-year and end-of-year performance reviews.
http://intranet.epa.gov/policv/pars/index.htm

For most projects, the geographic information needed includes the
NPDES or SDWIS number(s). For those without these identification
numbers, the latitude and longitude of the project should be provided.
CWISA Guidelines
DRAFT
                                         July 2013
H-3

-------
   Appendix I.   NEPA Exemption Memo for
                      CWISA Direct Grants
CWISA Guidelines                                 July 2013
DRAFT                   1-1

-------
                        UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                                       WASHINGTON, D.C  20460
                                          JUN  1 2  2012                          ENFORCEMENT AMD
                                                                                COMPLIANCE ASSURANCE
      MEMORANDUM
      SUBJECT:   Clean Water Indian Set-Aside Grant Progran^afKl the National Environmental
                    Policy Act (NEPA)                  ^\C
                                                   xX/
      FROM:       Susan E. Bromm, DirectorCjJ!^
                    Office of Federal Activities
      TO:          James A. Hanlon, Director
                    Randy Hill, Deputy Director
                    Office of Wastewater Management
                    Office of Water
             This memorandum is intended to clarify EPA's responsibilities under the National
      Environmental Policy Act (NEPA) for grants to eligible tribes issued under Section 518(c) of the
      Clean Water Act (CWA) through the Clean Water Indian Set-Aside (CWISA) Grant Program.
      CWISA grants may be issued directly from EPA to an eligible tribe or through an Interagency
      Agreement (IA)' with the Indian Health Service (IHS).

             Where EPA transfers funds to IHS to administer grants for tribal wastewater construction
      projects through an I A2, IHS is responsible for complying with any applicable Federal
      requirements, including NEPA, subject to its statutory authorities, regulations, and guidance for
      the subsequent funded wastewater construction projects.

             In contrast, EPA's issuance of a direct grant to an eligible tribe is not subject to NEPA
      pursuant to a general exemption under Section 51 l(c) of the CWA3. Therefore, no NEPA review
      is required for EPA's issuance of a direct CWISA grant to an eligible tribe. However, under
      appropriate circumstances, a NEPA document may be prepared pursuant to EPA's "Policy and
      ' All CWISA lAs with IHS are processed through the Interagency Shared Service Center - West in Seattle,
      Washington.
      2 EPA's action of transferring funds to IHS through an IA is an administrative action eligible for a non-
      documentable categorical exclusion (CE) under EPA's NEPA Implementing Regulations (40 CFR 6.204(a)(2)(ii))
      3 Historically, EPA performed NEPA reviews on these actions as required by Section 602(b) of the CWA that
      applies only to clean water projects "constructed in whole or in part before fiscal year 1995..."  However, any
      directly funded CWISA projects constructed in whole or in part after fiscal year 1995 are statutorily exempt from
      NEPA pursuant to Section 51 l(c) of the Clean Water Act (CWA).

                                      Internet Address (URL) • http://www.epa gov
             Recycled/Recyclable • Printed with Vegetable Oil Based Inks on 100% Postconsumer, Process Chlorine Free Recycled Paper

CWISA Guidelines                                                                              July 2013
DRAFT                                            1-2

-------
   Procedures for Voluntary Preparation of National Environmental Policy Act (NEPA)
   Documents."4  Voluntary NEPA documentation can be particularly useful in situations where
   other federal agencies are preparing NEPA documentation for related actions, where NEPA's
   well-understood and long-standing procedures provide an opportunity for increased public
   involvement, and where the NEPA process can facilitate analysis of environmental impacts.

          Under the Policy,  EPA will prepare an EA or, if appropriate, an EIS on a case-by case
   basis in connection with Agency decisions where the Agency determines that such an analysis
   would be beneficial.  Among the criteria that may be considered in making such a determination
   are: (a) the potential for improved coordination with other federal agencies taking related
   actions; (b) the potential for using an EA or EIS to comprehensively address large-scale
   ecological impacts, particularly cumulative effects; (c) the potential for using an EA or an EIS to
   facilitate analysis of environmental justice issues; (d) the potential for using an EA or EIS to
   expand public involvement and to address controversial issues; and (e) the  potential of using an
   EA or EIS to address impacts on special resources or public health.

          Please feel free to contact me at (202) 564-5400, or have your staff contact Jessica Trice,
   at (202) 564-6646, if you  have any questions.
   4 Policy and Procedures for Voluntary Preparation of National Environmental Policy Act (NEPA) Documents, 63
   Fed. Reg. 58045 (1998). 
CWISA Guidelines                                                                       July 2013
DRAFT                                        1-3

-------
   Appendix J.  Inter agency Agreement (IA)
            Standard Terms and Conditions
CWISA Guidelines                                July 2013
DRAFT                   J-l

-------
 1                                 Interagency Agreement between the
 2                   U.S. Environmental Protection Agency and the Indian Health Service
 3                            for [Tribal Drinking Water Facilities] Construction
 4
 5    I.      ADMINISTRATIVE TERMS AND CONDITIONS
 6
 7    This Interagency Agreement (IA) provides for the coordination between the Environmental Protection
 8    Agency (EPA) Region [	] Drinking Water Infrastructure Grants -Tribal Set Aside (DWIG-TSA) Program
 9    and the Indian Health Service (IMS) Sanitation Facilities Construction Program. This IA applies to funds
10    appropriated to the EPA under section 1452(i) of the Safe Drinking Water Act, which the EPA intends to
11    transfer to the IMS under this IA.
12
13    If the actual cost of  providing the facilities is less than the amount in  the  Project Documents, the  IMS
14    Area Office and the  EPA Region, in  consultation with the Tribe, will coordinate the  disposition of the
15    remaining funds.  The parties may decide to increase the scope or identify another project for funding,
16    or the IMS may return the unused funds to the EPA. Any project changes agreed to by the parties must
17    be reflected in the IA through an amendment prior to expiration of the  IA and before allocating funds to
18    a new project, unless the IMS decides to return the funds to the EPA. If the parties cannot come to
19    agreement, the IMS will return the funds to the EPA.
20
21    Funds transferred by EPA to the IMS  under this IA may only be used in agreements authorized by Indian
22    Sanitation Facilities Act, 42 U.S.C. 2004a.
23
24    The IMS is approved to purchase equipment in accordance with its equipment management policies. The
25    IMS will determine that the equipment is in the best interest of the government and is necessary for the
26    performance of the projects under this IA.   Disposition of  the equipment will be subject to  IMS
27    equipment management policies or as specified in the Project Documents with no further accountability
28    to EPA.
29
30    A.     Resolution of Disagreements
31
32    Should  disagreements arise on the interpretation of the provisions of  this  agreement or amendments
33    and/or  revisions thereto, that cannot  be resolved at the operating level, the area(s) of disagreement
34    shall be stated in writing by each party and presented to the other party for consideration. If agreement
35    or interpretation is not reached within  30 days, the parties shall forward the written presentation of the
36    disagreement to respective higher officials for appropriate resolution.
37
38    If a dispute  related to funding remains  unresolved for more than 30 calendar days after the parties have
39    engaged in an escalation of the  dispute,  disputes  will be resolved  in accordance  with  instructions
40    provided in the Treasury Financial Manual (TFM) Volume I, Part 2, Chapter 4700, Appendix 10, available
41    at http://www.fms.treas.gov/tfm/index.html.
42
43    B.     Duration of Agreement and Termination Procedures
44
45    This agreement shall continue in effect until IMS or EPA provides written notice of termination, or when
46    a project (or projects) funded under this agreement are completed or are no longer needed for the
47    purpose identified in the Project Documents. Any funds that  are obligated up to and on the date of
      CWISA Guidelines                                                                       July 2013
      DRAFT                                        J-2

-------
 1    termination will remain obligated to the project(s) identified in this agreement. Notice shall be given to
 2    the other party at least 60 days in advance of a termination date.
 3
 4    As per section 4.3.2 of EPA's "Interagency Agreement Policies, Procedures, and Guidance Manual 2008"
 5    the total duration of the project period for an IA may not exceed 7 years unless
 6    (1) there is statutory or regulatory authorization for a longer period, (2) a signed waiver from an EPA
 7    Director, Office of Grants & Debarment (OGD), or designee, granting an exception is obtained, or (3) in
 8    the case of an  allocation  (appropriation) transfer, a  shorter period is mandated, i.e., 5 years. This
 9    durational limitation  includes  both the original period of performance  and any  extensions. The  initial
10    determination of the appropriate length  of the project period should take this limitation into account.
11    (For example, an IA between  IMS and EPA normally has a 5-year term. The IA can be extended upon
12    approval  of  the  parties for up to two  more years for a total  IA term of 7-years.  An IA cannot be
13    extended beyond the 7-year limit unless a waiver is granted by the EPA Director, Office  of Grants &
14    Debarment.) To exceed the 7-year policy limitation, a waiver request must be submitted  in writing by
15    the appropriate  EPA Senior Resource Official to  OGD. The OGD Director, or designee, may approve
16    waivers on a class or individual basis because of national security concerns, circumstances of unusual or
17    compelling urgency, unique programmatic considerations, or because the waiver  would be  in the public
18    interest.
19
20    C.      Sufficient Progress
21
22    EPA expressly reserves the right to terminate the IA  for failure to  make sufficient progress so  as to
23    reasonably  ensure  completion of  the project within  the project period (as  defined  in Section  I.B.),
24    including any extensions.  EPA will measure sufficient progress by examining the performance required
25    under the Statement of Work, the time remaining for performance, and/or  the availability of funds
26    necessary to complete performance.   Prior to exercising this right  to  terminate,  EPA will follow the
27    resolution procedures cited Section I.A.
28
29    D.      Cost Collection  upon Cancellation
30
31    If the EPA cancels the order, the IMS is authorized to collect costs incurred prior to cancellation of the
32    order plus termination costs, up to the total payment amount provided for under the agreement.
33
34    E.      lAs with Contracts or Procurement
35
36    The IMS will use its administrative policies and procedures including those under the Buy Indian Act
37    provisions for direct federal acquisition, to implement and execute projects funded under this IA.
38
39    F.      Fiscal and Project Reporting Requirements
40
41    The IMS will update its Sanitation Tracking and Reporting System (STARS) quarterly and provide a report
42    in  STARS that  may be accessed by  the EPA. The report  will include at minimum, project-specific
43    estimated expenditures and actual milestones achieved to date and  will be available to the respective
44    EPA Regional DWIG Program Coordinator and to the EPA Financial Management Center. The STARS will
45    be updated by the 30th day following  the end of a quarter, beginning with the first full reporting period
46    after funds are received by the IMS.
47
48

      CWISA Guidelines                                                                        July 2013
      DRAFT                                         J-3

-------
 1    G.     Audit Findings
 2
 3    If an audit determines that any direct or indirect costs in a project funded under this IA are unallowable,
 4    the parties to this IA will be notified immediately following resolution of the audit and the IMS project
 5    account will be credited for ineligible costs.
 6
 7    II.     PROGRAMMATIC TERMS AND CONDITIONS
 8
 9    A.     Authority and Purpose
10
11    The activities under this IA are being executed by the EPA pursuant to the Safe Drinking Water Act
12    section 1450  (b), 42 USC 300j-9(b)  and 1452(i), 42 USC 300j-12(i). The services  and facilities will be
13    provided to the Tribe by the IMS under the Transfer Act, 42 U.S.C. 2001; Indian Sanitation Facilities Act,
14    42 U.S.C. 2004a; and Title III of Indian Health Care Improvement Act, as amended, 25 U.S.C. 1632.
15
16    B.     EPA Responsibilities
17
18    1.     The EPA Regional  Office  shall  designate  a representative to coordinate its participation  in
19    projects (Regional Program Coordinator). This  representative shall formally advise the respective IMS
20    Area Office of this designation.
21
22    2.     As resources permit the EPA shall provide to the IMS and Tribes technical assistance as needed
23    to successfully meet applicable program requirements.
24
25    3.     The EPA Regional Office will  ensure that the proposed projects are in accordance with the Safe
26    Drinking Water  Act, annual national  guidance and the  Drinking Water Infrastructure Grants Tribal Set-
27    Aside  Program Final Guidelines October 1998 and the Addendums.
28
29    4.     EPA Regional Office will ensure that water collection and analysis methodologies (as applicable)
30    are in  accordance with the  IHS/EPA jointly developed Quality Assurance Project Plan (QAPP).
31
32    5.     EPA is responsible for any distribution within the EPA of the final technical and financial  report
33    provided to the  respective EPA Regional  Program Coordinator after the construction phase completion.
34
35    6.     The EPA will not be a signatory on any Project Summaries or Memorandums of Agreement.
36
37    7.     Where appropriate, EPA Regions shall provide comments to IMS Area Offices on the design and
38    planning documents associated  with projects funded by the IA  within  30 days of receiving  said
39    documents.
40
41    8.     EPA Regions shall monitor construction progress with: data from the IMS database, discussions
42    with the IMS  Area  Offices  and field  site visits as necessary to  ensure the  level of expended funds is
43    reasonable given the reported milestone dates. The EPA will consult with the IMS Area Office quarterly
44    to discuss project status.
45
46    9.     The EPA Regions will  participate  in the final project  inspection,  as deemed  necessary and
47    resources permitting. At project completion, the EPA Region will review the final technical and financial
48    reports provided by the IMS Area Office and will  initiate the necessary EPA close-out process.

      CWISA Guidelines                                                                        July 2013
      DRAFT                                        J-4

-------
 1
 2    10.     The EPA Regions will acknowledge and respond to IMS Area invitations to participate in project
 3    activities within 10 days of receipt.
 4
 5    C.      IMS Responsibilities
 6
 7    1.      The IMS shall implement and execute projects funded under this IA using  its  administrative
 8    policies and procedures as described in the Indian Health Manual, Part 5, Chapter 2, Memorandum of
 9    Agreement.
10
11    2.      Project  Documents  (Project  Summary/  Memorandum  of  Agreement or  Arrangements  as
12    described  in 42  U.S.C. 2004a) will be developed by the  IMS Area  Office,  in consultation with  the
13    respective Tribes and respective EPA Regional Office.
14
15    3.      Unless otherwise stipulated  in the project documents,  the  IMS shall  be the lead  agency in
16    assuring  compliance with  the  National Environmental  Policy Act (NEPA),  the  National  Historic
17    Preservation Act (NHPA), and other applicable Federal requirements only if the EPA funds are deposited
18    in the IMS financial system (UFMS).
19
20    4.      Quarterly progress reports will be available to EPA through the IMS STARS system as stated in
21    I.F., Fiscal and Project Reporting Requirements.  Should  the need  arise and if the agencies mutually
22    agree, the report may be supplemented.
23
24    5.      The EPA Regional Office shall be formally notified of and invited to participate in the conceptual
25    design meeting, the final plans and specification review, and the  final inspections for projects in which
26    EPA funds are utilized.  IMS shall notify the EPA at least 30 business days  prior to these events to allow
27    optimal participation. Notification will be by e-mail.
28
29    6.      As applicable, upon completion of each project under this IA, all rights title and  interest to the
30    provided sanitation facilities shall be transferred to the Tribe or to a responsible entity identified by the
31    Tribe  in accordance with the  Project Documents. Each  respective IMS  Area Office  shall make  such
32    arrangements as they  determine necessary for the ownership  and  operation and maintenance of the
33    completed facilities.
34
35    7.      For each  project funded under this IA, a final technical and financial report shall be provided no
36    later than 365 days after construction  phase completion to  the respective  EPA Regional Program
37    Coordinator.  Electronic copies of the report shall be provided to the EPA representatives identified
38    above in Fiscal Reporting Requirements.
39
40    8.      The water sampling umbrella Water Sample Collection and Analysis Quality Assurance Project
41    Plan  (QAPP) for  Tribal  Drinking Water  and  Wastewater Infrastructure  Projects,  developed jointly
42    between EPA and IMS, will be implemented by IMS as applicable.
43
44    9.      For an EPA funded project for a pilot water treatment study or for a specific hydraulic network
45    model calibration, the  IMS will prepare  an individual project  specific Quality Assurance  Project Plan
46    (QAPP) in accordance with EPA Guidance for Quality Assurance Project Plans (QA/G-5) (EPA 2001) which
47    can be found at http://www.epa.gov/QUALITY/qs-docs/r5-final.pdf.  The QAPP must be submitted for
48    review and approval by the EPA OW QA Officer through the EPA IA Project Officer, who must approve

      CWISA Guidelines                                                                        July 2013
      DRAFT                                         J-5

-------
 1    the Quality Assurance procedures or standards in writing. EPA will have 60 calendar days to approve the
 2    QAPP submitted by IMS, after that time the QAPP will be considered final.
 3
 4    10.     Restrictions on FY13 Funding for Corporations with Unpaid Federal Tax Liabilities and Felony
 5    Convictions
 6
 7    This  interagency agreement (IA) obligates and transfers or  advances EPA funds appropriated under
 8    Public Law 113-6 (Department of  Defense, Military Construction and Veterans Affairs, and  Full-Year
 9    Continuing Appropriations Act, 2013) and Public Law  112-175 (Continuing Appropriations Resolution,
10    2013).  As a result, this IA  is  subject to the provisions  contained  in  the Department of the Interior,
11    Environment, and Related Agencies Appropriations Act, 2012, Public Law 112-74, Division E, Title IV,
12    Sections 433  and 434, regarding unpaid federal tax liabilities and federal felony convictions.
13
14    The IMS is also subject to the provisions  of Division E, Sections 433 and 434 of the FY12 Appropriations
15    Act,  regarding  federal felony convictions  and unpaid federal  tax  liabilities,  in  accordance with
16    Department  of Health & Human Services Acquisition Policy Number 2012-03. IHS will forward to the
17    EPA  Award  Official,  within 45 days,  any documentation  supporting  an  award where a  written
18    determination was made by the agency debarring and suspending official that suspension or debarment
19    was considered but is not necessary to protect the interests of the Government.
      CWISA Guidelines                                                                        July 2013
      DRAFT                                        J-6

-------