Tribal Nonpoint Source Management: Leveraging Opportunities to Protect and Restore Waters Focus: USDA Natural Resources Conservation Service

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EPA 841-B-22-002
May 2022

Tribal Nonpoint Source Management:
Leveraging Opportunities to Protect and
Restore Waters

Focus: USDA Natural Resources Conservation Service

This fact sheet series connects Tribal water quality staff, government leaders, and landowners
with financial or technical support for projects that reduce nonpoint sources of pollution.

Introduction

Partnerships are pivotal to the success of nonpoint source (NPS] pollution management efforts.

Clean Water Act (CWA] section (§] 319 grants provide funding to more than 200 federally recognized
Tribes to help assess and manage sources of NPS pollution. (Note: for this document, "Tribes" is
a collective term encompassing all Indian Nations.] This fact sheet series explores ways Tribes
can leverage CWA §319 funding to pursue resources from other federal agencies to support NPS
management.

This fact sheet explores the resources available from the U.S. Department of Agriculture's (USDA's]
Natural Resources Conservation Service (NRCS] and, by extension, local conversation districts. Tribal
governments may apply for NRCS project assistance or serve as a conduit to provide
Tribal landowners with assistance. NRCS offers technical expertise in resource ^

assessment, conservation planning, and other areas. NRCS works closely with
local conservation districts to ensure that federal resources are distributed expertise
according to local conservation priorities and needs. Conservation
districts often help to connect landowners with NRCS resources.

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The following pages discuss how Tribes can:

1. Make connections with NRCS and conservation district staff

2. Plan projects and coordinate conservation services

3. Seek financial assistance

4. Implement and maintain projects successfully

5. Advise NRCS on Tribal Issues

> partners
NPS implementation
runoff community

LEVERAGING

Conservation districts

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local planning
funding

Tribes: Using §319 Funds for NPS Pollution Management

CWA §319 authorizes the U.S. Environmental Protection Agency [EPA] to award grants to eligible
states, territories, and Tribes to implement EPA-approved NPS management programs developed
to reduce polluted runoff and its effect on water quality. To be eligible for §319 funding, Tribes
must submit an NPS assessment report and a 5-year NPS management program plan to EPA. In
these documents, Tribes identify other programs, funding sources, and partners that can support
their NPS management goals.

Each year EPA awards §319 grants to eligible Tribes in two ways. Base §319 grants serve as the
primary source of support for Tribal staff leading NPS management program work. Competitive
§319 grants are awarded via a national competition to support on-the-ground projects that directly
protect or restore water quality. In general, §319 grants can be leveraged with public or private
funding sources, which can significantly extend the reach and scope of Tribal NPS projects.

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Tribal Nonpoint Source Management: Leveraging Opportunities to Protect and Restore Waters

Focus: USDA Natural Resources Conservation Service

Step 1. Make Connections

NRCS and conservation districts provide technical assistance to
producers such as Tribal governments and Tribal landowners,
offering personalized advice and information based on the latest
science. As part of this assistance, local NRCS and conservation
district staff can help you assess current environmental conditions,
prioritize problems, and plan and implement appropriate
conservation practices to achieve desired outcomes.

Check with your Tribe's other programs for any existing
connections with NRCS or the local conservation district. Attend a
meeting or a field visit and explore ways to highlight NPS issues.

If your Tribal Nation doesn't have a current NRCS or conservation
district contact, check the following directories:

• Local USDA service centers: Find your local NRCS contact,
who is often the NRCS district conservationist or Tribal liaison
(where available] but could also be a landscape ecologist,
agricultural engineer, etc. The individuals serving these roles
might be based in an NRCS field office, a Tribal office, or a
conservation district or other office. NRCS has committed
to creating a network of Tribal liaisons available to provide
service to every Tribe.

• Local conservation districts: Find your local or Tribal
conservation district contact, who is likely to be a natural
resource or conservation specialist.

Note: If your Tribal lands cross political boundaries (state or county
lines], you might be serviced by more than one NRCS field office.

NRCS staff can help direct you to the correct contact(s], ,, .. D j' ^1'

Houlton Band of Maliseet Indians

Conservation Districts

A conservation district is a geographical area established for conservation purposes. A district
board of directors serves as a local unit of government that helps to deliver NRCS services to the
public at the local level. A district can act as a partner for accessing resources and may apply for
and lead projects. Although usually a subdivision of state government, a district may also be a
subdivision of a Tribal government. Districts often promote public awareness and conservation
activities.

NRCS is closely aligned with conservation districts. The relationship between NRCS (as an agency]
and local districts is defined by a formal written agreement. NRCS, through an agreement with the
National Association of Conservation Districts, provides a district conservationist to work with
each of the local districts. (For details, see the Intertribal Agriculture Council's 2008 document,
Soil and Water Conservation Districts.l

TIPS FROM TRIBES

Engaging NRCS can increase
your project's success.

"Having NRCS's input adds more
strength to our projects because they
offer scientific knowledge behind
the types and locations of practices
chosen."

-Dino Chavarria,
Environmental Director,
Santa Clara Pueblo

NRCS will assist you
with administrative processes.

"Our NRCS district conservationist
works hard for the landowners. He's
done a lot of reporting paperwork on
our behalf."

-BryAnna Vaughan,
Water Quality Coordinator,
Bishop Paiute Tribe

Building watershed partnerships
can strengthen projects and open
new avenues of support.

"Smaller Tribes have a greater
incentive to work with other partners
because they share the same
watershed."

- Sharri Venno,

Fn\/irnnmontaI Planner

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Tribal Nonpoint Source Management: Leveraging Opportunities to Protect and Restore Waters

Focus: USDA Natural Resources Conservation Service

Step 2. Plan Projects

Before participating in USDA programs, applicants, including
Tribes, must contact the local USDA Farm Service Agency fFSAl
office and be assigned a farm and tract number. Your NRCS or
district staff member can guide you through this process.

•	Creating Conservation Plans. Once your Tribe receives a farm
and tract number, NRCS (sometimes in cooperation with the
local conservation district] will help you develop a conservation
plan [CP], You must have a CP to be eligible for USDA
conservation program funding. As part of the process, NRCS
staff will help you define your conservation objectives, identify
natural resource concerns on your land, and identify USDA
financial and technical assistance programs that can support
your conservation goals and maintain your land's resources
over time (see Montana NRCS example").

•	Connecting Your Plans. Tribal NPS assessment reports and
NPS management program plans developed under the §319
program can complement your NRCS CP. Your NPS program
documents likely include information that can help address
NRCS conservation planning requirements. Therefore, alert
NRCS about your existing NPS management plan and consider
ways to aiign priorities and integrate planning efforts, such as
incorporating your NPS priorities into the NRCS CP. Regularly
update your NPS management program to reflect your current
priorities.

TIPS FROM TRIBES

Think ahead.

"If your Tribe contracts with others to
do the conservation practice instal-
lation work, account for that in your
planning timeline."

- Dino Chavarria,
Environmental Director,
Santa Clara Pueblo

Be aware of your Tribe's
staff limitations.

"It's time consuming to work with
NRCS on projects. Even if we were to
get more funding, we don't have the
staffing resources to take on more
work."

-	BryAnna Vaughan,
Water Quality Coordinator,

Bishop Paiute Tribe

Encourage coordination
within your Tribe.

"If an NRCS person is coming to meet
with another Tribal department, I
go along to see if there are water
resource-related projects. It's good for
all Tribal departments to meet and tell
their story and describe their needs."

- Roy Begay,
Nonpoint Source Coordinator,
Walker River Paiute Tribe

NRCS and conservation district staff
can help with local coordination.

"Our NRCS district conservationist
provides us with technical assistance,
and he's provided a setting for various
partners to come to the table and find
common ground."

-	BryAnna Vaughan,
Water Quality Coordinator,

Bishop Paiute Tribe

NRCS geographic information specialist works with Pyramid Lake Indian
Reservation representatives to develops plans for a wetland area.

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Tribal Nonpoint Source Management: Leveraging Opportunities to Protect and Restore Waters

Focus: USDA Natural Resources Conservation Service

• Coordinating Project Planning. Many Tribal NPS programs work with EPA and NRCS on NPS
projects. About 25% of Tribal §319 competitive grants awarded in 2013-2018 cited NRCS as
a project partner who provided technical or financial assistance to complement §319-funded
practices. Note: Although NRCS and EPA §319 funds can be used together to complete a project,
they cannot be used as matching funds for each other because they are both federal funding
sources. To facilitate planning:

— Engage NRCS or conservation district contacts early. Reach out the year before you plan
to apply for a §319 competitive grant to inquire about technical assistance available for
planning and designing your projects.

— Align planning efforts. When seeking to implement projects supported by both §319 grants
and USDA conservation funding, begin planning in the late spring/early summer for the
following year because funding timelines may differ and project periods may only partially
overlap. While EPA grant funding is awarded before the start of your project period, NRCS
funding is provided on a reimbursement basis, so the applicant must have funding available
to begin work.

On-Site Tribal Liaison Helps Southern Ute Tribe Focus on NPS Control

The Southern Ute Tribe's reservation covers more than 1,000 square miles in arid southwest
Colorado. Irrigation flows from agricultural lands caused erosion of ephemeral streams and led
to sedimentation downstream. The Tribe uses its §319 funds for stream restoration projects and
leverages NRCS Environmental Quality Incentives Program (EQIP] dollars and NRCS cost-share
to install practices that reduce NPS pollution while also providing financial incentives to farmers
(e.g., savings on water bills].

The Tribe benefits from having an on-site NRCS Tribal liaison, Ed McCaw. "We keep Ed informed of
our planned projects," explains Jeff Seebach, Southern Ute General Assistance Program Manager,
Ed helps out when we request EQIP funding. He helps us select the best participants for our
projects and assists with implementation of best management practices. It's nice to work with
someone who already knows what practices will be acceptable to NRCS."

A Southern Ute Tribal
member operates a gated
pipe to increase irrigation
water efficiency and reduce
NPS pollution reaching local
waters. EPA §319 funds
supported the purchase
of the pipe materials.

NRCS provided technical
assistance.

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Tribal Nonpoint Source Management: Leveraging Opportunities to Protect and Restore Waters

Focus: USDA Natural Resources Conservation Service

Step 3. Seek Financial Assistance

Once you've determined your needs and priorities in Step 2,
you and your NRCS or conservation district contact can look for
financial assistance. Applications for most NRCS funding programs
are accepted on a continuous basis. NRCS will review and rank
applications according to local resource concerns, expected
conservation benefits, and the applicants' needs. Two popular NRCS
programs used by Tribes are:

•	Environmental Quality Incentives Program fEOIP"). Many Tribal
governments and agricultural producers have secured financial
and technical assistance through EQIP to help plan and
implement conservation practices and activities on working
agricultural and forestry lands.

•	Regional Conservation Partnership Program fRCPP"). The
program promotes coordination of NRCS conservation activities
with partners to implement innovative projects that provide
measurable improvements tied to priority resource concerns.
Partners must contribute funds or in-kind resources to the
project. Note that you may use §319 and other EPA grant funds
as match for RCPP.

Your NRCS contact can discuss other NRCS programs, including:

•	Agricultural Conservation Easement Program

•	Agricultural Management Assistance fAMAl

•	Conservation Stewardship Program fCSP")

•	Healthy Forests Reserve Program

•	Watershed Protection and Flood Prevention Program

In areas that have active local conservation districts, staff can
help connect your Tribe with NRCS and state-specific technical
assistance and funding sources, as well as with resources from
private foundations, nonprofit groups, and universities.

Farm Bill Influences Programs

Many USDA funding programs are tied directly to the Farm Bill, which comes up
for review and passage every 5-6 years. The 2018 Farm Bill [i.e., the Agriculture
Improvement Act of 2018) contained new provisions that support Tribal
communities, including some provisions related to conservation programs. [For
details, see 2018 Farm Bill Primer: Support for Indian Tribes.l

TIPS FROM TRIBES

Consider seeking Tribal council
permission to apply for funding-
before you need it.

"We seek approval and update Tribal
Council when NRCS funding is being
used on projects. Tribes that may
require Council approval prior to
submitting a grant application should
take into account that additional
time."

-Jeff Seebach,
General Program Manager,
Southern Ute Tribe

NRCS financial assistance programs
don't cover the full cost

"NRCS covers up to 90% of project
costs, so your Tribe must be prepared
to contribute some funding."

- Roy Begay,
Nonpoint Source Coordinator,
Walker River Paiute Tribe

Take advantage of the value
that technical assistance offers.

"On three or four projects NRCS
provided all the engineering work. We
saved about $50,000 in engineering
costs."

- Shane Bowe,
Water Resources Director,
Red Lake Band of Chippewa Indians

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Tribal Nonpoint Source Management: Leveraging Opportunities to Protect and Restore Waters

Focus: USDA Natural Resources Conservation Service

What Practices Do NRCS Programs Fund?

NRCS programs fund a variety of conservation practices, all of which must comply with NRCS-
established standards. These standards are outlined in NRCS Field Office Technical Guides, which
include area-specific engineering and installation information. Many NRCS-approved conservation
practices are the same as the best management practices (BMPs] implemented under EPA's Tribal
§319 competitive grant projects—these are different agency terms for the same type of practices
(Table 1).

Consider Technical Assistance Opportunities

NRCS and conservation district staff can help you with the planning, coordination, design/
engineering, and implementation steps of your project. Other examples of technical assistance
include project prioritization, staff training, research, and scientific expertise in many areas (range
management, agriculture, soils, forestry, wildlife habitat management, recreation, aquaculture,
resource inventories, watershed and flood protection, etc.]. Tribal examples include:

•	Santa Clara Pueblo: The local NRCS district conservationist assesses project sites and helps with
planning. In the past, NRCS provided Pueblo members with water quality monitoring training.

•	Walker River Paiute Tribe: NRCS engineers have assisted with EQIP project designs and
reviewed practice specifications to ensure implementation would be successful.

•	Confederated Salish & Kootenai Tribes: An NRCS soil scientist provided expert advice on a
project involving converting prime farmland to housing use.

•	Bishop Paiute Tribe: The NRCS district conservationist has helped with tasks ranging from
administration (paperwork] to assessment/planning (estimating cattle grazing needs].

Table 1. Most common practices implemented under Tribal §319 competitive grant projects (2013-2020) and the NRCS
programs that could fund them.

Practice types included in CWA §319 grants (2013-2020)

Example NRCS programs that support practice type

Stream/shoreline stabilization/protection

EQIP, RCPP

Outreach and education

General NRCS technical assistance

Erosion and sediment control

EQIP, RCPP, AMA

Wetland restoration

EQIP, RCPP, ACEP

Fencing

EQIP, RCPP

Riparian revegetation, forest buffer

EQIP, RCPP

Invasive species/noxious weed control

EQIP, RCPP, AMA

Native plant restoration and management

EQIP, RCPP, CSP

Stream crossing and culvert improvements

EQIP, RCPP, WPFPP

Vegetative buffer strips

EQIP, RCPP, CSP, AMA

Notes: ACEP = Agricultural Conservation Easement Program; AMA = Agricultural Management Assistance;
CSP = Conservation Stewardship Program; EQIP = Environmental Quality Incentives Program;

RCPP = Regional Conservation Partnership Program; WPFPP = Watershed Protection and Flood Prevention Program

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Tribal Nonpoint Source Management: Leveraging Opportunities to Protect and Restore Waters

Focus: USDA Natural Resources Conservation Service

Step 4. Implement Projects

If you're selected for NRCS funding, NRCS will provide a proposed
contract that outlines the design standards and specifications for
the proposed practices and specifies the contract period. Before
moving forward, consider the following:

• Promise only what your Tribe can deliver. Before signing the
contract, read it very carefully to ensure your Tribe has the
staffing and financial capacity to complete all tasks and commit
to necessary maintenance. Be aware that NRCS only funds
certain practices—and only after the practice is installed and
inspected. NRCS will not reimburse your Tribe if the NRCS
specifications aren't followed. Additionally, as a condition of
reimbursement, the landowner/operator is responsible for
establishing and implementing an inspection and maintenance
program for the design life of each practice.

• Be aware of project periods when combining contracts. The

timelines for different federal agencies' funding programs often
vary. For example, NRCS EQIP projects last 3 years and require
that project work begins in year 1, EPA §319 implementation
projects usually last 1-3 years. To bridge contract periods that
do not fully overlap, consider purchasing materials (twine,
fence, etc.] through the EQIP contract that can be stored until
you are ready to implement the project.

TIPS FROM TRIBES

Remember that USDA funds can be
used for project maintenance.

"We use NRCS EQIP funds to help
maintain practices, such as our
riparian area exclusion fences,
because EPA §319 can't be used for
maintenance."

-Jeff Seebach,
General Program Manager,
Southern Ute Tribe

Ensure you have the funding
to complete the project.

"We'd plan a project and the NRCS
district conservationist would
estimate the funding we could get
for that project. Before signing any
contract, we'd check on the cost of
materials. If we could afford to do it,
we'd sign. This approach has kept the
Tribe out of trouble.

- Sharri Venno,
Environmental Planner,
Hoy]ton Band of Maliseet Indians

Quileute Tribal Water Quality Biologist, Nicole Rasmusseri, and NRCS Tribal Liaison for Washington State, Robin Slate, travel
along the Quillayute River looking for signs of erosion along a project area. Erosion of riverbanks due to increases in flood
frequency and severity has put the lower village of La Push, home of the Quileute Tribe, at risk.

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Tribal Nonpoint Source Management: Leveraging Opportunities to Protect and Restore Waters

Focus: USDA Natural Resources Conservation Service

•	Be informed about which activities can be supported by each agency and type of financial
assistance program. For example, the types of fundable items can vary by program. CSP funding
may be used to support the maintenance of previously installed projects, whiie CWA §319
generally cannot. Similarly, while CWA §319 funds may be used to fund staff time, NRCS funds
cannot. NRCS funds may only be used to implement conservation practices.

•	Technical assistance can make the job easier. NRCS and conservation district staff are often
available to help you with the implementation step and can help you plan for long-term
maintenance. Don't hesitate to ask!

Walker River Paiute Tribe Combines NRCS
and CWA §319 Resources

In 2018, the Walker River Paiute Tribe
worked with NRCS to secure EQIP funds
to help develop a solar-powered pump and
cattle trough, which added a grazing plot
to the rotation cycle. In 2019, the Tribe
used CWA §319 funds to install another
solar-powered pump (with protective
fencing) and portable and stationary
livestock troughs to further reduce overgraz-
ing and to prevent cattle access to riparian
areas. NRCS helped with designing, planning,
and inspecting the project.

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Tribal Nonpoint Source Management: Leveraging Opportunities to Protect and Restore Waters

Focus: USDA Natural Resources Conservation Service

Step 5. Advise NRCS on Tribal Issues

Representation in an advisory group is often key to having your
water quality and other conservation priorities addressed. Through
advisory groups, NRCS provides opportunities for community
members and partners, including Tribal representatives, to pro-
vide information, analysis, and recommendations to USDA on
implementing and establishing priorities and criteria for natural
resources conservation activities and programs. Tribes can partici-
pate at the local, state, and regional levels.

Opportunities through NRCS

State-Level Engagement

Each state has an NRCS state conservationist who establishes the
statewide priorities and budget. Your Tribe may have the oppor-
tunity to become involved in an NRCS state Technical Advisory
Committee (STAC], which provides state-level opportunities for
input on NRCS program priorities. At present, 15 states have
Tribal-specific STACs that meet with their individual NRCS state
conservationist and the NRCS state Tribal liaison (where applicable].

National and Regional Engagement

NRCS has a National Tribal Relations Liaison Officer who coordinates
national-level Tribal policy. In addition, NRCS has three Regional
Tribal Conservation Advisory Councils (RTACs] for the western,
central, and eastern regions of the United States. These councils
provide a direct line of communication from Tribes to NRCS leaders
and policymakers at regional and national levels. They provide a
venue for agency leadership to gather input on Tribal issues. RTACs
meet twice a year, and each member serves for 3 years.

Other Opportunities

Conservation districts also provide opportunities for involvement.
The National Association of Conservation Districts' (NACD's]

Tribal Outreach and Partnership Resource Policy Group (Tribal
RPG] advises NACD leadership about Tribal issues relevant to
conservation districts and their partners. Tribes may also attend
local conservation district board meetings and can request a
position on the board of directors.

TIPS FROM TRIBES

Participate in community meetings.

"I attend the local conservation district
board meetings, which helps us
understand the watershed issues and
the challenges that farmers are facing.
Our participation has helped us build
a strong relationship with the district."

-	Sharri Venno,
Environmental Planner,

Houlton Band of Maliseet Indians

Have an official voice in the
decision-making process.

"Our Tribe is unique because it has a
seat on the local conservation district
board, which helps improve under-
standing of and cooperation with
neighbors. We've also attended STAC
meetings where NRCS decides how its
funding will be spent."

-	Shane Bowe,
Water Resources Director,

Red Lake Band of Chippewa Indians

Building relationships can drive
wider opportunities.

"We help the local conservation district
write grant proposals and jointly
apply for outside funds, such as from
the local university."

-	Sharri Venno,
Environmental Planner,

Houlton Band of Maliseet Indians

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Tribal Nonpoint Source Management: Leveraging Opportunities to Protect and Restore Waters

Focus: USDA Natural Resources Conservation Service

EPA Regions



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319 Eligible Tribes

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The Walker River Paiute Tribe
is reducing NPS pollution by
restricting cattle's river access.
A recent project paired EPA §319
funds and NRCS technical assistance
to design and install solar-powered
portable livestock water troughs.
In past years, EPA §319 and NRCS
EQIP funds supported fencing
around riparian areas.

The Quileute Tribe is restoring habitat and removing barriers to fish
passage by replacing culverts with bridges along the Quillayute
River in partnership with the Clallam Conservation District, NRCS
(using EQIP and CREP funding), Washington Department of Fish
and Wildlife, and others. Sedimentation delivery is declining,
and access to vital salmon habitat has expanded.

The Grand Traverse Band of Ottawa and Chippewa
Indians addressed NPS pollution associated with
problematic road crossings along streams. Using
EPA §319 funds, NRCS technical assistance, NRCS

EQIP funding, and other resources, the Tribe
replaced undersized culverts, stabilized eroding
streambanks, and mitigated runoff using BMPs.

• Indigenous Food and
Agriculture Initiative

• Native Farm Bill Coalition

• Indian Nations Conservation
Alliance

• American Indian Science &
Engineering Society

The Prairie Band Potawatomi Nation
has used multiple EQIP contracts to
improve water quality, enhance the
health of grazing lands, and protect
Tribal water supplies through water
easements and wetland restoration.
NRCS has provided significant
technical assistance such as
planning, soil expertise, and
research on program eligibility.

Additional Resources
For more details about technical
assistance, training, and funding
sources, see:

Federal agencies:

•	USDA NRCS Tribal Assistance.

•	USDA NRCS Plant Materials
Centers. Offer expertise

on plants and vegetative
technologies.

•	USDA Agricultural Research
Service. Finds solutions for
agricultural problems.

Tribal groups:

•	Intertribal Agriculture Council

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