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Tribal 106 Grant Guidance
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: April 27, 2006 (Volume 71, Number 81)]
[Notices]
[Page 24852-24854]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27ap06-42]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OW-2005-0026; FRL-8162-4]
Tribal 106 Grant Guidance
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of availability.
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SUMMARY: This document provides notice of availability for public
comment of the draft Guidance on Awards of Grants to Indian Tribes
under Section 106 of the Clean Water Act for Fiscal Year 2007 and
Future Years. This draft Guidance provides the Environmental Protection
Agency and Tribes with a consistent framework of procedures and
guidelines for awarding and administering grants to federally
recognized Tribes under the authority of Section 106 of the Clean Water
Act. Specifically, the draft Guidance will assist Tribal water quality
program managers, staff, and other Tribal environmental decision-makers
in designing and implementing an effective and successful water quality
program utilizing Section 106 funds. The draft 106 Tribal Guidance is
for Tribal water quality programs at all levels of sophistication and
development. For new programs, it explains how to successfully initiate
and develop a water quality program. For Tribes with well-established
programs, it contains information on expanding a water quality program.
To meet the needs of Tribes at all levels of development, the draft
Guidance presents the basic steps a Tribe would take to collect the
information it will need to make effective decisions about its program,
its goals, and its future direction. The final Guidance will take
effect for grants issued by the Environmental Protection Agency's
Regional offices in fiscal year 2007. A Notice of its Availability will
be published in the Federal Register. This action affects all Tribal
environmental programs that receive Section 106 Tribal grants.
DATES: Comments must be received on or before June 26, 2006.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OW-
2005-0026, by one of the following methods:
? http://www.regulations.gov 
Follow the on-line
instructions for submitting comments.
? E-mail: ow-docket@epa.gov Attention Docket ID No. OW-2005-
0026
? Fax: (202) 566-1749
? Mail: Water Docket, Environmental Protection Agency,
Mailcode: 4101T, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
? Hand Delivery: EPA Docket Center, EPA West, Room B102,
1301 Constitution Avenue, NW., Washington, DC, Attention Docket ID No.
OW-2005-0026. Such deliveries are only accepted during the Docket's
normal hours of operation, and special arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OW-2005-
0026. EPA's policy is that all comments received will be included in
the public docket without change and may be made available online at
http://www.regulations.gov , including any personal information
provided, unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through http://www.regulations.gov
or e-mail. The http://www.regulations.gov Web site is an
"anonymous access" system, which means EPA will not know your identity or
contact information unless you provide it in the body of your comment.
If you send an e-mail comment directly to EPA without going through
http://www.regulations.gov , your e-mail address
will be automatically captured and included as part
of the comment that is placed in the public docket and made available
on the Internet. If you submit an electronic comment, EPA recommends
that you include your name and other contact information in the body of
your comment and with any disk or CD-ROM you submit. If EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket, visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm. For additional
instructions on submitting comments, go to Unit I.1 of the
SUPPLEMENTARY INFORMATION section of this document.
Docket: All documents in the docket are listed in the
http://www.regulations.gov index. Although listed in the index,
[[Page 24853]]
some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, will be publicly available only
in hard copy. Publicly available docket materials are available either
electronically in http://www.regulations.gov or in hard copy at
the Water Docket, EPA/DC, EPA West, Room B102, 1301 Constitution Ave., NW.,
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Public Reading Room is (202) 566-1744, and the telephone
number for the Water Docket is (202) 566-2426.
FOR FURTHER INFORMATION CONTACT: Lena Ferris, Office of Water, Office
of Wastewater Management, 4201M, Environmental Protection Agency, 1200
Pennsylvania Avenue, NW., Washington, DC 20460; telephone number: (202)
564-8831; fax number: (202) 501-2399; e-mail address:
ferris.lena@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
Affected Entities: Tribes that are eligible to receive grants under
Section 106 of the Clean Water Act.
1. Submitting CBI. Do not submit this information to EPA through
http://www.regulations.gov or e-mail. Clearly mark the part or
all of the information that you claim to be CBI. For CBI information on a
disk or CD ROM that you mail to EPA, mark the outside of the disk or CD
ROM as CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
2. Tips for Preparing Your Comments. When submitting comments,
remember to:
? Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date, and page number).
? Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
? Explain why you agree or disagree; suggest alternatives;
and substitute language for your requested changes.
? Describe any assumptions and provide any technical
information and/or data that you used.
? If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
? Provide specific examples to illustrate your concerns, and
suggest alternatives.
? Explain your views as clearly as possible.
? Make sure to submit your comments by the comment period
deadline identified.
3. Specific Questions EPA is Soliciting for Tribal Comment. In
addition to overall general comments on any/all portions of the
Guidance, EPA is specifically requesting Tribal comment on the
following five questions:
(1) Does the proposed Guidance structure, offering three paths
(non-regulatory, tribal water quality standards, regulation-based water
quality controls) and three program activity levels (fundamental,
intermediate, and mature) provide Tribes appropriate direction and
flexibility for developing and implementing surface water quality
protection programs?
(2) Does the title of Chapter 5, Non-Regulatory Approach, accurately
portray the substantive programmatic elements found in the chapter?
(3) Do the basic minimum nine reporting requirements for
monitoring, listed in Chapter 8, seem reasonable/compatible with the
various maturity levels of Tribal water quality programs?
(4) What is the estimated Tribal cost to sample for the nine basic
parameters?
(5) What type of technical assistance, if any, would your Tribe
need to receive from EPA in order to comply with the monitoring and
reporting requirements associated with the Guidance (see Chapter 8)?
II. Background
Over the past 10 years, funding available for Section 106 grants to
Indian Tribes has increased from $3 million to $25 million per year.
The draft Guidance provides a framework for evaluating national program
results and more clearly defines expectations and requirements for
Tribal Section 106 grant recipients. This document is an effort to
provide unified guidance that helps Tribes develop and implement water
quality programs and defines what EPA expects from Tribal programs. It
provides an overview of all programmatic and technical requirements,
discusses some common considerations across programs, and links to
technical resources available to develop Tribal programs. The draft
Guidance outlines new reporting requirements and data management
expectations for all Tribal programs receiving Section 106 funds. Data
collected as a result of the new reporting requirements will help EPA
measure environmental results of the Section 106 Tribal Program and
comply with the Government Performance and Results Act (GPRA) and other
federal mandates. The draft Guidance can be found at the Environmental
Protection Agency's Web site at http://www.epa.gov/owm/cwfinance/
106tgg07.htm, or by contacting the point of contact listed under the
section entitled FOR FURTHER INFORMATION CONTACT.
III. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and is therefore not
subject to OMB review. Because this grant action is not subject to
notice and comment requirements under the Administrative Procedures Act
or any other statute, it is not subject to the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.) or sections 202 and 205 of the Unfunded
Mandates Reform Act of 1999 (UMRA) (Pub. L. 104-4). In addition, this
action does not significantly or uniquely affect small governments.
Although this action does not generally create new binding legal
requirements, where it does, such requirements do not substantially and
directly affect Tribes under Executive Order 13175 (63 FR 67249,
November 9, 2000). Informal consultation has been ongoing with Tribes,
and a formal comment period will be initiated with the release of this
notice. This action will not have federalism implications, as specified
in Executive Order 13132 (64 FR 43255, August 10, 1999). This action is
not subject to Executive Order 13211, "Actions Concerning Regulations
that Significantly Affect Energy Supply, Distribution, or Use"
(66 FR 28355, May 22, 2001), because it is not a significant regulatory
action under Executive Order 12866. This action does not involve technical
standards; thus, the requirements of section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do
not apply. This action does not impose an information collection burden
under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.). The Congressional Review Act, 5 U.S.C. 801 et seq.,
generally provides that before certain
[[Page 24854]]
actions may take effect, the agency promulgating the action must submit
a report, which includes a copy of the action, to each House of the
Congress and to the Comptroller General of the United States. Since
this grant action contains legally binding requirements, it is subject
to the Congressional Review Act, and EPA will submit its final action
in its report to Congress under the Act.
Dated: April 20, 2006.
Benjamin H. Grumbles,
Assistant Administrator, Office of Water.
[FR Doc. E6-6363 Filed 4-26-06; 8:45 am]
BILLING CODE 6560-50-P