[Federal Register Volume 65, Number 143 (Tuesday, July 25, 2000)]
[Notices]
[Pages 45765-45769]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-18639]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6838-7]


FY01 Wetland Program Development Grants

AGENCY: Environmental Protection Agency.

ACTION: Notice.

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SUMMARY: The Wetland Program Development Grants (WPDGs), initiated in 
FY90, provide states, tribes and local governments (S/T/LGs) an 
opportunity to develop projects which build and refine comprehensive 
wetland programs. While WPDGs can continue to be used by S/T/LGs to 
build and refine all elements of a comprehensive wetland program, the 
wetland program identified two program priorities for FY01: monitoring 
and assessing the status and condition of wetlands; and improving the 
effectiveness of compensatory mitigation. Some priority will be given 
to funding projects which address these two priority areas. This 
document will serve as operating guidance for S/T/LGs interested in 
applying for FY01 WPDGs.

FOR FURTHER INFORMATION CONTACT: Shanna Draheim, Office of Wetlands, 
Oceans, and Watersheds, Wetlands Division (MC 4502F), U.S. 
Environmental Protection Agency, 1200 Pennsylvania Avenue, Washington, 
DC 20460, Telephone: (202) 260-6218, Fax:

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(202) 260-8000, email: [email protected].

Robert H. Wayland III,
Director, Office of Wetlands, Oceans and Watersheds.

Table of Contents

I. Introduction
II. FY2001 Program Priorities
III. Funding Eligibility
IV. Selection Criteria
V. Application Procedures
    a. Application Package
    b. Deadlines
    c. Match Requirements
    d. Quality Assurance/Quality Control (QA/QC)
VI. Additional Program Information
    a. Performance Partnership Grants
    b. Core Elements of a State or Tribal Comprehensive Wetland 
Program
    c. Local and Tribal Funding Targets
    d. Reporting
    e. Public Participation
    f. Annual Wetlands Meeting/Training
Appendix A--Grant Restrictions
Appendix B--Examples of WPDG Project Topics
Appendix C--Grant Coordinators

I. Introduction

    The goals of the Environmental Protection Agency's wetland program 
and the Clean Water Action Plan are to increase the quantity and 
quality of wetlands in the U.S. by conserving and increasing wetland 
acreage, and improving wetland health. In pursuing these goals, EPA 
seeks to build the capacity of all levels of government to develop and 
implement effective, comprehensive programs for wetland protection and 
management.
    The Wetland Program Development Grants were initiated in FY90 to 
provide an opportunity for states, tribes and local governments (S/T/
LGs) to develop projects which build and refine comprehensive wetland 
programs. S/T/LG interest in the grant program has continued to grow 
over the years, and since 1995 Congress has appropriated $15 million 
annually to support the grant program. EPA encourages S/T/LGs to build 
effective, comprehensive wetland programs in five areas: monitoring and 
assessment, regulation, restoration, water quality, and public-private 
partnerships.
    The type of projects which S/T/LGs can undertake to build their 
comprehensive wetland programs are very diverse. In the past, S/T/LGs 
have pursued a wide range of activities, such as developing plans and 
management tools for wetland resources, advancing scientific and 
technical tools for protecting wetland health, improving public access 
to information about wetlands, and training/educating wetland managers 
and the public about wetland and watershed values. A list of other 
example project topics is included in Appendix B.
    The statutory authority for Wetland Program Development Grants is 
section 104(b)(3) of the Clean Water Act (CWA). Wetland Program 
Development Grants (WPDG) are limited to developing new or refining 
existing comprehensive wetland programs. Section 104(b)(3) of the CWA 
restricts the use of these grants to developing wetland management 
programs. These grants may not be used for the operational support of 
wetland programs. All projects funded through this program must 
contribute to the overall development and improvement of S/T/LG wetland 
programs. Applicants must demonstrate that their proposed project 
integrates with their S/T/LG wetland programs. At this time, Wetland 
Program Development Grants cannot be used for ongoing operational 
support of S/T/LG wetland programs.
    The award and administration of Wetland Program Development Grants 
are governed by the regulations at 40 CFR Part 31 (``Uniform 
Administrative Requirements for Grants and Cooperative Agreements to 
State and Local Governments''). EPA has proposed additional regulations 
to govern state and tribal environmental program grants, including 
Wetland Program Development Grants and Performance Partnership Grants, 
to be codified at 40 CFR Part 35, Subparts A and B (see 64 FR 40064 and 
64 FR 40084 (July 23, 1999)). EPA will provide further guidance 
regarding these proposed regulations when they are promulgated as final 
rules.

II. FY 2001 Program Priorities

    EPA has begun to assess the status of programs that will move us 
toward our wetland goals. The wetland program has identified two areas 
as program priorities for improving our ability to protect and restore 
wetlands in the U.S.--monitoring and assessing the status and condition 
of wetlands, and improving the effectiveness of compensatory 
mitigation. S/T/LG are encouraged to develop WPDGs which build their 
programs in these areas.
    Monitoring and assessing the status and condition of wetlands: 
Projects which advance the science, technical, and management tools for 
evaluating, protecting and restoring wetland health. Projects should be 
directed toward developing and ultimately implementing multi-scale, 
comprehensive S/T/LG wetland monitoring programs. For example, WPDGs 
can be used for projects which build S/T/LG capacity to analyze data, 
assess biological health of wetlands, estimate wetland losses and 
gains, assess wetland function, and coordinate activities and 
information among levels of government. Grant funds can also be used to 
provide training in monitoring and assessment techniques. While wetland 
inventory is an important component of monitoring, inventory alone does 
not constitute program development.
    Improving the effectiveness of compensatory mitigation: Projects 
which improve S/T/LG capacity to ensure ecologically effective 
compensatory mitigation for unavoidable impacts. For example, WPDGs can 
be used to build technical expertise in wetland restoration and 
creation, develop tracking systems for compliance and enforcement of 
mitigation activities, and develop methods for monitoring the 
effectiveness of mitigation. Grants can only be used for improvement or 
development of mitigation programs. They cannot be used for specific 
mitigation activities (e.g. projects for mitigation banks or in lieu 
fee mitigation programs).
    While WPDGs can still be used by S/T/LGs to build and refine all 
elements of a comprehensive wetland program (see examples in Appendix 
B), in this and upcoming years, some priority will be given to funding 
projects which address these two priority areas.

III. Funding Eligibility

    State, tribal, and local governmental agencies, interstate, 
intertribal, and local government associations are eligible to receive 
grant funds. Typical wetland or wetland related agencies include, but 
are not limited to wetland regulatory agencies, water quality agencies 
(Section 401 water quality certification), planning offices, wild and 
scenic rivers agencies, departments of transportation, fish and 
wildlife or natural resources agencies, agriculture departments, 
forestry agencies, coastal zone management agencies, park and 
recreation agencies, non-point source or storm water agencies, city or 
county and other S/T/LG wetland-related agencies.
    In order to be eligible for Wetland Program Development Grant 
funds, tribes must be federally recognized, although ``Treatment as a 
State'' status is not a requirement. Interstate and intertribal 
entities and associations are eligible for direct funding. Inter-state/
tribal/local entity projects must be broad in scope and encompass more 
than one state, tribe or local government.
    Grant funds are typically awarded through a competitive process at 
a Regional level. While funds are allocated to EPA Regional offices 
based

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on the number of states within the Region, EPA is not required to 
provide grant funds to any or all S/T/LGs. Funding decisions will be 
made by EPA Regional offices, and are based on the quality of the 
proposals received and adherence to the selection criteria. Regions 
typically receive requests for funding far in excess of available 
funds.
    EPA Headquarters (HQ) uses some of the Wetland Program Development 
Grant funds to support entities other than S/T/LG agencies for projects 
and tasks that advance state, tribal and/or local wetland programs on a 
national basis. These projects are not selected through the Regional 
grant selection process.

IV. Selection Criteria

    For FY2001, some priority in the selection process will be given to 
projects which build S/T/LG's monitoring and assessment programs or 
seek methods for improving the effectiveness of compensatory 
mitigation. All proposals (regardless of topic area) will be evaluated 
using the following general criteria:
     Clarity of Proposal's Work Plan--clearly written and 
described projects
     Potential Environmental Results--a high likelihood for 
positive environmental results in the short and long term
     Transferability of Results and/or Methods to Other S/T/LG
     Success of Previous Projects--for any applicants who have 
received prior EPA funding
     Involvement/Commitment of the S/T/LG applicant--
significant financial and personnel contribution, involvement of 
partners, incorporation of project into broad agency goals.
    Some EPA Regions have additional criteria for evaluating grant 
applications. Please contact your Regional Grant Coordinator for 
further guidance (see Appendix C).

V. Application Procedures

    Wetland Program Development Grants are applied for through EPA 
Regional offices. Regional offices review all their applications and 
select the most competitive projects for funding. We emphasize that the 
quality of the applications will play a significant role in the 
Region's selection of grants for funding.
    a. Application Package: Interested applicants must submit an 
application including completed EPA grant forms and a work plan. At a 
minimum, work plans must include a project description, time-line, 
budget, and deliverables. Some Regional offices may ask S/T/LGs to 
submit pre-application proposals of grant projects for competitive 
review. Contact your Regional EPA Grant Coordinator (Appendix C) for 
more specific regional requirements and formats.
    b. Deadlines: Full applications and/or pre-application proposals 
must be submitted to the appropriate EPA Regional office. Regional 
deadlines are generally in the fall. Please contact your Regional 
Grants Coordinator (see Appendix C) for further information about 
application processes and to confirm deadlines.
    Regions may request the applicant to submit revised work plans to 
adjust funding levels to fit within the Region's funding availability 
or to revise a proposal to develop a project that better fits within 
the grant criteria.
    c. Match Requirements: Recipients must provide a minimum of 25% of 
each award's total project costs in accordance with the regulation 
governing cost sharing (40 CFR 31.24 ``Matching or Cost Sharing''). We 
encourage states, tribes and local governments to provide additional 
matching funds whenever possible (i.e., funds in excess of the required 
25% of total project costs).
    Matching funds can be provided by entities other than the S/T/LG 
agency. Other federal money cannot be used as the match for this grant 
program. However, Indian tribes can use funds provided under the Indian 
Self-Determination and Education Act (i.e., 638 funds) to provide the 
required matching funds to the extent authorized by that Act and 
implementing regulations.
    Matching funds are considered grant funds. They may be used for the 
reasonable and necessary expenses of carrying out the work plan. Any 
restrictions on the use of grant funds (i.e. acquisition of land) also 
apply to the use of matching funds.
    d. Quality Assurance/Quality Control (QA/QC): QA/QC and peer review 
are sometimes applicable to these grants. Each application should be 
evaluated to determine if QA/QC is needed in order to comply with the 
quality system requirements under EPA Order 5360.1. These requirements 
apply to the collection of environmental data. Environmental data is 
any measurements or information that describe environmental processes, 
location, or conditions; ecological or health effects and consequences; 
or the performance of environmental technology. Environmental data 
includes information collected directly from measurements, produced 
from models, and compiled from other sources such as data bases or 
literature. Applicants should allow sufficient time and resources for 
this process. EPA Regional offices can provide specific guidance on QA/
QC requirements.

VI. Additional Program Information

    a. Performance Partnership Grants: A Performance Partnership Grant 
(PPG) is a multi-program grant made to a state, interstate agency, 
tribe, or intertribal consortium from funds allocated and otherwise 
available for environmental program grants. PPGs are voluntary and 
provide recipients the option to combine funds from two or more 
categorical grants into one or more PPG. PPGs can provide 
administrative and/or programmatic flexibility. Local governments are 
not eligible for PPGs.
    The Wetland Program Development Grants remain a competitive grant 
program. The state or tribal project must first be selected under the 
competitive grant process and must identify specific wetland-related 
output or outcome measures in the grant proposal as a condition for 
adding funds to the PPG. A state or tribe may include these grant 
output measures in its Environmental Performance Agreement/Tribal 
Environmental Agreement and use these agreements to support their 
application for these grant funds. If the state or tribe chooses to add 
wetland grant funds to an existing PPG, EPA will add these funds to the 
PPG by a grant amendment and the recipient must amend its work plan to 
identify the specific wetland-related output or outcome measures that 
will be accomplished.
    For further information, see 63 FR 53764, ``Performance Partnership 
Grants for State and Tribal Environmental Programs: Revised Interim 
Guidance'' (Oct. 6, 1998) and the proposed rules for State and Tribal 
environmental program grants at 64 FR 40064 and 40084 (July 23, 1999).
    b. Core Elements of a State or Tribal Comprehensive Wetland 
Program: The EPA Wetland Program Development Grants have assisted 
states and tribes in developing or refining their wetland programs 
since 1990. Under the Wetland Program Development Grants, funds can 
only support development or enhancement of wetland programs; funds 
cannot support operation or implementation of wetland programs. EPA's 
Wetlands Division recognizes that not being able to fund the operation 
of state and tribal programs has been problematic to states and tribes.
    To address this problem, EPA's Wetlands Division will provide a 
limited exception to the normal competitive process for wetland grants. 
States or tribes who demonstrate that they meet a set of core elements 
for a

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Comprehensive Wetland Program can apply to EPA for funding to partially 
support operation of their wetland program, but only if these funds 
will be included in the state or tribe's PPG (see above guidelines and 
restrictions). For states, the recipient may only use funds for 
implementation if the state's PPG includes other grant funds from at 
least one other environmental program which authorizes wetland program 
work as an eligible activity (e.g. CWA Section 106 or Section 319 
grants).
    A description of the Core Elements of a Comprehensive Wetland 
Program and information on program approval is available on EPA's web 
page at: www.epa.gov/owow/wetlands/ or by calling EPA Helpline at 1-
800-832-7828.
    c. Local and Tribal Funding Targets: Each Regional Office shall 
support the local government initiative and tribal efforts by targeting 
at least 15% of their Regional allocation to local government and 
tribal applications.
    d. Reporting: EPA uses information on progress and completion of 
wetland grants and/or cooperative wetland management efforts between 
EPA and S/T/LGs to disseminate information on effective wetland 
management approaches to the general public and other S/T/LG. 
Information on the grant projects is also used to provide information 
about the progress and usefulness of the grant program to Congress, the 
Office of Management and Budget, other federal agencies, and within 
EPA. Such information helps EPA improve our partnerships with S/T/LGs 
and to set priorities for improving wetland protection.
    S/T/LG Wetland Program Development Grants are currently covered 
under EPA's general grant regulations, 40 CFR Part 31. These 
regulations specify basic grant reporting requirements, including 
performance and financial reports. In negotiating these grants, the 
Regions will work closely with their S/T/LGs to incorporate appropriate 
reporting requirements into each grant agreement consistent with 40 CFR 
31.40 and 31.41. These regulations provide sufficient flexibility to 
allow the Agency, in consultation with the S/T/LGs, to determine the 
appropriate reporting requirements, within certain boundaries, and to 
specify their content and frequency.
    Regional offices will set the time frames and required content of 
all periodic performance reports. However, at a minimum, the reports 
should include:
     Project description--short narrative of the original 
project
     Information on status of funding (total federal funds 
awarded, federal funds expended, federal funds remaining),
     Accomplishments in the last reporting period/progress to 
date (short narrative assessment of accomplishments and program 
highlights for that reporting period),
     Deficiencies and/or corrective actions (short narrative of 
any program deficiencies or corrective actions during that reporting 
period and proposed corrective actions or project modifications), and
     Planned activities for the next reporting period (short 
narrative describing upcoming activities.)
    e. Public Participation: EPA regulations (40 CFR Part 25) require 
public participation in various Clean Water Act programs including 
grants. Each applicant for EPA financial assistance (40 CFR 25.11) 
shall include tasks for public participation in their project's work 
plan submitted in the grant application. The project work plan should 
reflect how public participation will be provided for, assisted, and 
accomplished.
    f. Annual Wetlands Meeting/Training: EPA encourages S/T/LGs to 
include travel costs in the grant application for wetland personnel to 
attend at least one national wetland meeting or training each year 
(e.g. Association of State Wetland Managers Annual Meeting). EPA's 
Wetlands Division does not anticipate providing travel for state, 
tribal or local government staff to attend meetings other than through 
this grant program.

Appendix A--Grant Restrictions

    Based on experience gained from previous years and policy and 
regulation, we offer the following comments/restrictions on funding 
eligibility.
     Universities (except those chartered as a part of state 
government), schools, non-governmental agencies and nonprofit 
organizations are not eligible for direct funding under this grant 
program. However, they can be prime or subcontractor on grants 
awarded to S/T/LG agencies as long as that recipient actively 
participates and has a significant role in the project. The state, 
tribe or local agency should not simply pass through funding to an 
organization that is not eligible to receive funding directly.
     Universities that are legally chartered as part of 
state government are eligible to receive grant funds as they fall 
under the ``state agency'' category. The university must provide 
documentation that supports the premise that they function as a 
state agency and EPA must agree with the premise before grant funds 
are awarded. Land grant schools do not automatically qualify for 
direct funding because of their status as a land grant school.
     This grant program cannot fund land acquisition or 
purchase of easements. However, this program can support planning 
efforts to identify areas for acquisition.
     This grant program cannot fund payment of taxes for 
landowners who have wetlands on their property.
     While contractual efforts can be a part of these 
grants, each grant must have a significant involvement by the state/
tribal/local agency receiving the grant. EPA recommends that 
recipients use no more than 50% of the grant funds for contractual 
efforts. However, if the S/T/LG feels that it needs to exceed this 
limit, it should submit a written justification for greater 
contractual efforts with its grant application. EPA's Regional 
Office will evaluate the need for greater contractual efforts and 
may approve the request if they agree that there is adequate 
justification to exceed the 50% limit. Work done by other S/T/LG 
agencies is not considered contractual efforts. The grant 
application should clearly indicate if the ``contractual'' work is 
being done by another S/T/LG agency.
     Inventory or mapping for the sole purpose of locating 
wetlands in a S/T/LG is not eligible for funding under this grant 
program. A description of how mapping or inventory projects will 
directly develop or improve S/T/LG's wetland protection programs 
must be included in the grant application for these types of 
projects to be considered for funding under this grant program.
     Each grant must be completed with the initial award of 
funds. S/T/LGs should not anticipate additional funding beyond the 
initial award of funds for a specific project. S/T/LGs should 
request the entire amount of money needed to complete the project in 
the original application. Each grant should produce a final, 
discrete product. Funding and project periods can be for more than 
one year so long-term projects can continue over more than one year.
     Grant funds cannot be used to fund an honorarium.
     Any field work or research-type activities are limited 
to activities that have a direct, demonstrated link to program 
development or refinement included in the application.
     Purchase/lease of vehicles (including boats, motor 
homes) and office furniture is not eligible for funding.
     Grant funds cannot be used to pay for travel by federal 
agency staff. However, grant funds can be used to pay state, tribal 
or local government travel costs related to the grant project.

Appendix B--Example WPDG Project Topics

    EPA has developed a database of all projects supported through 
the Wetland Program Development Grants funding. This searchable 
database will be available on EPA's web page in July, 2000 at: 
www.epa.gov/owow/wetlands.
    The following is a sample list of past projects that have been 
funded through Wetland Program Development Grants. This is not an 
exhaustive list, and S/T/LGs may submit any eligible proposal for 
wetland

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program development which addresses the goals of EPA's wetland 
program outlined in this document:
     Comprehensive planning of wetland resources, or 
integration of wetland management into broad watershed protection 
approaches.
     Development of S/T/LG Wetland Conservation Plans (WCP).
     Development of a framework for assuming CWA Section 404 
program or Programmatic General Permits program.
     Development of widely applicable model wetland training 
programs for S/T/LGs.
     Incorporation of wetlands into water quality standards, 
or refining criteria to appropriately reflect water quality 
conditions in wetlands.
     Creation, piloting and refining of wetland and riparian 
restoration programs.
     Development, piloting and refining of wetland 
bioassessment programs to evaluate wetland health and performance of 
protection and restoration activities.
     Facilitation of public-private partnerships to develop 
wetland restoration, protection or education programs.
     Creation of and/or participation in training that 
builds watershed and wetland partnership and technical skills (e.g. 
the Watershed Academy).
     Conducting outreach and education efforts aimed at 
improving public understanding of wetland protection and regulatory 
efforts.
     Development of outreach programs to inform owners of 
potential wetland restoration sites of government assistance 
programs.
     Creating public education programs which promote 
wetland information for American Wetlands month.

Appendix C--Grant Coordinators

Region 1: Bob Goetzel, 617/565-3602, [email protected]
Region 2: John Cantilli, 212/637-3810, [email protected]
Region 3: Alva Brunner, 215/814-2715, [email protected]
Region 4: Sharon Ward, 404/562-9369, [email protected]
Region 5: Cathy Garra, 312/886-0241, [email protected]
Region 6: Sondra McDonald, 214/665-7187, [email protected]
Region 7: Raju Kakarlapudi, 913/551-7320, [email protected]
Region 8: Ed Stearns, 303/312-6946, [email protected]
Region 9: Cheryl McGovern, 415/744-2013, [email protected]
Region 10: Anne Robinson, 206/553-6219, [email protected]
Headquarters: Shanna Draheim, 202/260-6218, [email protected]

[FR Doc. 00-18639 Filed 7-23-00; 8:45 am]
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