The U.S. Environmental Protection Agency (EPA) is initiating consultation and coordination with federally recognized Indian tribes to inform potential EPA actions the Clean Water Act section (§) 319 national Nonpoint Source (NPS) program could take to better support §319-eligible tribes in their efforts to manage NPS pollution.
As outlined in EPA’s September 27, 2021 national policy memorandum, Near-term Actions to Support Environmental Justice in the Nonpoint Source Program, in fiscal year (FY) 2022 EPA will be engaging the national NPS community, including state, tribal, and territorial §319 grantees, in a dialogue on advancing equity and environmental justice in the national NPS program. As part of this engagement effort, EPA has initiated this consultation and coordination process with tribes to help identify potential §319 program actions to address challenges facing tribal NPS programs. Potential program actions could include revisions to EPA’s §319 grant guidelines, changes to EPA’s tribal §319 grant allocation formula, and new approaches for providing EPA technical assistance and training support to tribal NPS programs.
The tribal consultation letter and consultation and coordination plan for this action are attached. These consultation materials are also available on EPA’s Tribal Consultation Opportunities Tracking System (TCOTS) website located at: https://tcots.epa.gov/ords/tcotspub/f?p=106:5::1457
As outlined in the consultation letter and consultation and coordination plan, EPA will hold informational webinars and two 60-day comment periods to provide opportunities for seeking tribal input:
- EPA will hold two identical informational webinar and listening sessions for tribal leaders and staff on April 19 and April 27. To register:
- Tuesday, April 19 (2:00 – 3:00 PM EDT): https://www.zoomgov.com/meeting/register/vJItduGgqT4oGa6ePt3IxuqvoDsBMczcWjU
- Wednesday, April 27 (2:00 – 3:00 PM EDT): https://www.zoomgov.com/meeting/register/vJIsd-2gpz0rH7cxWPzBJAx0EwccFTujdBY
- As part of the initial 60-day comment period, EPA is seeking tribal feedback on the questions listed in the attached consultation and coordination plan. In addition, tribes are invited to share their experiences, including successes and challenges, building and sustaining Tribal NPS program capacity. Tribal comments are welcome by May 27, 2022.
- Once EPA evaluates and considers tribal comments from the initial 60-day comment period, we plan hold a second 60-day comment period as part of the consultation and coordination process in summer 2022 to seek tribal input on any subsequent proposed reforms to the §319 program based on the input received.
The first 60-day comment period is being held from March 29, 2022 to May 27, 2022. At any point in the tribal consultation and coordination process, tribes may submit written comments either:
- Via email comments to Steve Epting at tribal319grants@epa.gov), or
- Electronically by using this form.
For any questions, please contact Steve Epting with EPA’s Office of Wetlands, Oceans and Watersheds by email at tribal319grants@epa.gov or phone at (202) 566-1074.