Direct Implementation Tribal Cooperative Agreements

Direct Implementation Tribal Cooperative Agreements (DITCAs) enable EPA to award cooperative agreements to federally recognized Indian tribes and eligible intertribal consortia to help carry out the Agency's function to implement directly, Federal environmental programs required or authorized by law
in the absence of an acceptable tribal program, notwithstanding the Federal Grant and Cooperative Agreement Act.

DITCAs are an increasingly important avenue for EPA and the tribes to realize meaningful environmental protection in Indian Country.

DITCAs enable EPA to partner with tribes help fulfill EPA's direct implementation authorities, yield environmental results, and assist the Agency in meeting its Strategic Plan goals and targets.DITCAs also provide tribes with the flexibility and opportunity by allowing tribes, through a workplan with EPA and under federal authority, to choose aspects of a program that address their tribal environmental needs and priorities, to determine the scope and pace of tribal involvement, and to build tribal capacity to implement environmental programs.

Funding Priority - Fiscal Year 2008: The program provides another avenue for tribes and EPA to partner in implementing meaningful environmental protection in Indian Country.

DITCAs provide tribes with the flexibility and opportunity to develop staff capacity to manage environmental programs, to address specific tribal environmental needs and priorities that are within EPA's authority for direct implementation, and to determine the scope and pace of tribal involvement.

EPA retains final decision-making authority and ultimate responsibility for the environmental programs including all regulatory activities.EPA may award DITCAs to fund activities for environmental programs that meet either one of the following criteria: 1) federal programs under environmental laws that clearly require EPA to directly implement in the Tribal context; or 2) federal programs under environmental laws that in the state context EPA is required to directly implement in the absence of an acceptable state program.

Because DITCAs can address a wide range of activities, and the need for implementation of these activities in Indian Country is great, the funding priority is for any eligible activity that addresses a tribal environmental need or priority, and yields meaningful environmental results for the tribe and the Agency.

Funding Priority - Fiscal Year 2009: The program provides another avenue for tribes and EPA to partner in implementing meaningful environmental protection in Indian Country.

DITCAs provide tribes with the flexibility and opportunity to develop staff capacity to manage environmental programs, to address specific tribal environmental needs and priorities that are within EPA's authority for direct implementation, and to determine the scope and pace of tribal involvement.

EPA retains final decision-making authority and ultimate responsibility for the environmental programs including all regulatory activities.

EPA may award DITCAs to fund activities for environmental programs that meet either one of the following criteria: (1) federal programs under environmental laws that clearly require EPA to directly implement in the Tribal context; or (2) federal programs under environmental laws that in the state context EPA is required to directly implement in the absence of an acceptable state program.

Because DITCAs can address a wide range of activities, and the need for implementation of these activities in Indian Country is great, the funding priority is for any eligible activity that addresses a tribal environmental need or priority, and yields meaningful environmental results for the tribe and the Agency.
Examples of Funded Projects

EPA may award DITCAs to fund activities for environmental programs that meet either one of the following criteria: (1) federal programs under environmental laws that clearly require EPA to directly implement in the Tribal context; or (2) federal programs under environmental laws that in the state context EPA is required to directly implement in the absence of an acceptable state program.Examples of DITCAs activities include: water quality standards promulgation and review; implementation of the National Pollutant Discharge Elimination System permit program under the Clean Water Act; implementation plan development and the Title V permit program under the Clean Air Act; implementation of the Public Water System Supervision program and the Underground Injection Control program under the Safe Drinking Water Act; implementation of the Underground Storage Tank program and the Subtitle C permit program under the Resource Conservation and Recovery Act; certification and training program for pesticide applicators under the Federal Insecticide, Fungicide, and Rodenticide Act; inventory of underground storage tanks; and creation and implementation of a smoke management plan under the Clean Air Act.


Agency - Environmental Protection Agency

The mission of the Environmental Protection Agency is to protect human health and the environment. Since 1970, EPA has been working for a cleaner, healthier environment for the American people.

Office - EPA's Regional Indian Coordinators at http://www.epa.gov/indian/region.htm; George Frantz, Regional Indian Program Manager EPA Region 1 (CSP), 1 Congress Street, Suite 1100, Boston, MA 02114-2023 Telephone: (617) 918-1883/Fax: (617) 918-1505/frantz.george@epa.gov; Christine Yost, Regional Indian Program Coordinator, EPA Region 2, 290 Broadway, New York, New York 10007-1866, Telephone: (212) 637-3564/Fax (212) 637-3772/yost.christine@epa.gov; W.

J.

(Bill) Patton, Tribal Relations Program Coordinator, EPA Region 4, Atlanta Federal Center, 61 Forsyth Street, Atlanta, GA 30303, Telephone: (404) 562-8632/Fax: (404) 562-9961/patton.bill@epa.gov; Luke Jones, Director, Indian Environmental Office, USEPA Region 5, 77 W.

Jackson Boulevard, Chicago, IL 60604-3507, Telephone: (312) 353-2087/Fax: (312) 353-9533/Jones.luke@epa.gov; Jonathan Hook, Director, Office of Environmental Justice and Tribal Affairs, EPA Region 6, 1445 Ross Ave., Dallas, TX 75202, hook.jonathan@epa.gov; Wolfgang Brandner, Region 7 Tribal Program Coordinator, EPA Region 7,PLMG/POIS, 901 N.

5th Street, Kansas City, KS 66101, Telephone: (913) 551-7381/Fax: (913) 551-7053/brandner.wolfgang@epa.gov; Connally Mears, Tribal Assistance Program Director, USEPA Region 8 (8P-TA), 999 18th St.

Suite 300, Denver, CO 80202-2466, Telephone: (303) 312-6343/Fax: (303) 312-6116/mears.connally@epa.gov; Clancy Tenley, Tribal Program Manager, EPA Region 9 (CMD-3), 75 Hawthorne Street, San Francisco, CA 94105, Telephone: (415) 972-3785/Fax: (415) 947-3562/tenley.Clancy@epa.gov; Mary Beth Clark, Senior Tribal Policy Advisor, EPA Region 10, 1200 Sixth Ave.

RA-140, Seattle, WA 98101, Telephone: (206) 553-6358/Fax: (206) 553-1809.


Program Accomplishments

Each EPA Regional Office works with their tribal partners to develop cooperative agreements. The number of DITCAs awarded on an annual basis depends on the amount of available funding from Program Offices. In FY 07, 9 new DITCAs were awarded and 8 DITCAs were continued with additional funding. The increase in the number and funding of DITCAs is partially attributable to an initiative by EPA's American Indian Environmental Office (AIEO) to provide up to $200,000 per year in matching funds from FY 06 to FY 08 for eligible DITCAs with initial funding commitments from sponsoring offices. Under this matching initiative, DITCAs were awarded in FY 07 and FY 08 for the following activities: Establishing a tribal pesticide circuit rider program in a region to undertake core field program and enforcement activities in the pesticide program, such as inspections, training, compliance assistance across many tribes in that region, where a lack of such programs and authorities currently exists.∙ Developing the capacity of Region 10 tribes to implement, educate, and support activities relating to air quality compliance assistance, education and public outreach, and pollution source inspection activities on their reservations, relating to any applicable tribal rules, as well as Region 10's Federal Air Rules for Reservations in ID, WA, and OR (FARR) and Title V.∙ Assisting EPA in implementing the federal Lead-Based Paint Program under Toxic Substances Control Act (TSCA) on reservations in an EPA region. Specific tasks include lead-based paint abatement, renovation and remodeling and the sale and leasing of Pre-1978 housing occurring throughout Indian Country in that region.∙ Assisting EPA in the implementation of activities in support of Public Water System Supervision (PWSS) drinking water activities in Indian Country. Conducting and completing inventories of Class V wells at two reservations under EPA's Underground Injection Control (UIC) Program. Class V UIC wells are the type of well most commonly found in Indian Country, and include shallow disposal systems such as dry wells, septic systems, and leach fields. The inventories require regulated facilities to comply with certain requirements to protect underground sources of drinking water.

Uses and Use Restrictions

DITCAs assist Tribes in helping EPA directly implement Federal environmental programs required or authorized by law in the absence of an acceptable Tribal program, and may only be awarded to Tribes to assist the Administrator in directly implementing Federal environmental programs for Indian Tribes required or authorized by law.

EPA may award DITCAs to fund activities for environmental programs that meet either one of the following criteria: (1) federal programs under environmental laws that clearly require EPA to directly implement in the Tribal context; or (2) federal programs under environmental laws that in the state context EPA is required to directly implement in the absence of an acceptable state program.

There are several limitations on DITCA awards.

Among them are: (1) The statutory authority for DITCA is found in appropriations acts.

In the event the appropriation authority is extended by continuing resolution(s), the DITCA authority will also be extended.

(2) The project period of the DITCA may extend beyond the period of the appropriations act under which it was created, but all funds must be awarded prior to the expiration of the appropriations act authorizing the DITCA.

(3) DITCA funded personnel may not perform inherently Federal functions.

(4) EPA personnel can provide assistance to DITCA representatives based on the written DITCA work plan which may include daily direction.

EPA cannot treat DITCA representatives as EPA employees by participating in hiring, disciplining, or firing decisions.

(5) DITCA funded personnel cannot operate vehicles which are either owned or leased by the Federal government.

Assistance agreement awards under this program may involve or relate to geospatial information.

Further information regarding geospatial information may be obtained by viewing the following website: http://geodata.epa.gov.

Eligibility Requirements

Applicant Eligibility

DITCAs may be awarded to: (1) Federally Recognized Indian Tribal Government, and (2) intertribal consortia consistent with applicable provisions.

In order for an intertribal consortium to be eligible to receive cooperative agreements under this authority, an intertribal consortium should be consistent with the provisions in 40 CFR Part 35.

See Notice of Guidance Issuance: Direct Implementation Tribal Cooperative Agreements (DITCAs) Guidance, 70 Federal Register 1440 (2005).

For certain competitive funding opportunities under this CFDA description, the Agency may limit eligibility to compete to a number or subset of eligible applicants consistent with the Agency's Assistance Agreement Competition Policy.

Beneficiary Eligibility

Federally Recognized Indian Tribal Government and intertribal consortia consistent with applicable provisions.

Credentials/Documentation

The provisions of OMB Circular No. A-87 "Cost Principles for State, Local and Indian Tribal Governments" apply. In order for intertribal consortium to be eligible to receive cooperative agreements under this authority, an intertribal consortium should be consistent with the provisions in 40 CFR Part 35. For additional information see also the Notice of Guidance Issuance, 70 Federal Register 1440 (2005).

Aplication and Award Process

Preapplication Coordination

Regarding pre-application/pre-proposal assistance with respect to competitive funding opportunities under this program description, EPA will generally specify the nature of the pre-application/pre-proposal assistance, if any, that will be available to applicants in the competitive announcement.

For additional information, contact the individual(s) listed as "Information Contacts" or see Appendix IV of the Catalog.

EPA will work with Tribes and Intertribal Consortia to develop work plans consistent with program guidance and any regulations that govern the implementation of the relevant Federal environmental program.

This program is excluded from coverage under E.O.

12372.

Application Procedures

The preapplication must be submitted to EPA for review. Successful applicants will be contacted by EPA and will be required to submit "Application for Federal Assistance," SF 424; "Budget Information: Non-Construction Programs," SF 424A, "Assurances-Non-Construction Programs, Certification Regarding Debarment, Suspension and Other Responsibility Matters," SF 424B; "Certification Regarding Lobbying;" "Pre-Award Compliance Review," EPA 4700-4; and other required forms to complete the application process. Eligible applicants should contact the appropriate Regional Office Contact identified in Appendix IV of the Catalog of information regarding preapplications. The forms are available at: http://www.epa.gov/ogd/AppKit/application.htm. Completed applications should be submitted to the appropriate Regional Office Contact identified in Appendix IV of the Catalog. Applicants may be able to use http://www.grants.gov to electronically apply for certain grant opportunities under this CFDA.

Award Procedures

EPA will review each application to determine the adequacy of the application in relation to EPA's grant regulations (40 CFR Part 31) and applicable program regulations and guidance. If the application is approved, EPA will award a cooperative agreement up to the reasonable and necessary cost of the approved work plan. For competitive awards, EPA will review and evaluate applications, proposals, and/or submissions in accordance with the terms, conditions, and criteria stated in the competitive announcement. Competitions will be conducted in accordance with EPA policies/regulations for competing assistance agreements.

Deadlines

None.

Authorization

Consolidated Appropriations Act, 2006, Public Law 109-54 (2006).

Range of Approval/Disapproval Time

Applications are generally approved and cooperative agreements awarded within 60 to 120 days.

Appeals

Assistance agreement competition-related disputes will be resolved in accordance with the dispute resolution procedures published in 70 FR (Federal Register) 3629, 3630 (January 26, 2005). Copies of these procedures may also be requested by contacting the individual(s) listed as "Information Contacts." Disputes relating to matters other than the competitive selection of recipients will be resolved under 40 CFR 30.63 or 40 CFR 31.70, as applicable.

Renewals

None.

Assistance Considerations

Formula and Matching Requirements

Cooperative agreement amounts awarded will be determined based on the total amount available for awards and the amounts requested by Tribes and Intertribal Consortia. This program has no matching requirements. This program has no statutory formula.

Length and Time Phasing of Assistance

EPA normally awards cooperative agreements for periods of 12 to 36 months. The term of the grant shall be determined at the time of award.

Post Assistance Requirements

Reports

EPA and Tribes will negotiate the frequency and content of performance and financial status reports.

Performance reports shall be required at least annually, but not more frequently than quarterly (see 40 CFR Part 31.40 and 31.41).

Audits

Grants and cooperative agreements are subject to inspections and audits by the Comptroller General of the United States, the EPA Office of Inspector General, other EPA staff, or any authorized representative of the Federal government. Reviews by the EPA Project Officer and the Grants Specialist may occur each year. In accordance with the provisions of OMB Circular No. A-133 (Revised, June 27, 2003), "Audits of States, Local Governments, and Non-Profit Organizations," non-federal entities that expend $500,000 or more in a year in Federal awards shall have a single or a program-specific audit conducted for that year. Non-federal entities that expend less than $500,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in OMB Circular No. A-133.

Records

Financial records, including all documents to support entries on accounting records and to substantiate changes to each grant, must be kept available to personnel authorized to examine EPA grant accounts. All records must be maintained for three years from the date of submission of the annual Financial Status Report (SF-269). If questions still remain, such as those raised as a result of audit, related records should be retained until the matter is completely resolved.

Financial Information

Account Identification

68-0108-0-1-304; EPM, STAG.

Obigations

FY 07 $604,024; FY 08 est $700,000; and FY 09 est $700,000.

Range and Average of Financial Assistance

EPA expects cooperative agreement amounts to range between $10,000 and $100,000/fiscal year; $55,000/fiscal year.

Regulations, Guidelines, and Literature

EPA Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (40 CFR Part 31); Environmental Protection Agency and applicable EPA guidance. DITCA guidance is available at http://www.epa.gov/indian/pdfs/ditca-guidance-2004.pdf.

Information Contacts

Regional or Local Office

EPA's Regional Indian Coordinators at http://www.epa.gov/indian/region.htm; George Frantz, Regional Indian Program Manager EPA Region 1 (CSP), 1 Congress Street, Suite 1100, Boston, MA 02114-2023 Telephone: (617) 918-1883/Fax: (617) 918-1505/frantz.george@epa.gov; Christine Yost, Regional Indian Program Coordinator, EPA Region 2, 290 Broadway, New York, New York 10007-1866, Telephone: (212) 637-3564/Fax (212) 637-3772/yost.christine@epa.gov; W. J. (Bill) Patton, Tribal Relations Program Coordinator, EPA Region 4, Atlanta Federal Center, 61 Forsyth Street, Atlanta, GA 30303, Telephone: (404) 562-8632/Fax: (404) 562-9961/patton.bill@epa.gov; Luke Jones, Director, Indian Environmental Office, USEPA Region 5, 77 W. Jackson Boulevard, Chicago, IL 60604-3507, Telephone: (312) 353-2087/Fax: (312) 353-9533/Jones.luke@epa.gov; Jonathan Hook, Director, Office of Environmental Justice and Tribal Affairs, EPA Region 6, 1445 Ross Ave., Dallas, TX 75202, hook.jonathan@epa.gov; Wolfgang Brandner, Region 7 Tribal Program Coordinator, EPA Region 7,PLMG/POIS, 901 N. 5th Street, Kansas City, KS 66101, Telephone: (913) 551-7381/Fax: (913) 551-7053/brandner.wolfgang@epa.gov; Connally Mears, Tribal Assistance Program Director, USEPA Region 8 (8P-TA), 999 18th St. Suite 300, Denver, CO 80202-2466, Telephone: (303) 312-6343/Fax: (303) 312-6116/mears.connally@epa.gov; Clancy Tenley, Tribal Program Manager, EPA Region 9 (CMD-3), 75 Hawthorne Street, San Francisco, CA 94105, Telephone: (415) 972-3785/Fax: (415) 947-3562/tenley.Clancy@epa.gov; Mary Beth Clark, Senior Tribal Policy Advisor, EPA Region 10, 1200 Sixth Ave. RA-140, Seattle, WA 98101, Telephone: (206) 553-6358/Fax: (206) 553-1809.

Headquarters Office

Glen Langlois, Grants and Interagency Agreements Management Division, EPA, Ariel Rios Building, 1200 Pennsylvania Ave., N.W., MC (3903R), Washington, DC 20460. Telephone: (202) 564-5084; Fax: (202) 565-2467; E-mail: langlois.glen@epa.gov; Jose Aguto, American Indian Environmental Office (4104 M), EPA, Ariel Rios Building, 1200 Pennsylvania Ave., N.W., Washington, DC 20460. Telephone: (202) 564-0289; Fax: (202) 564-0298; E-mail: aguto.jose@epa.gov.

Criteria for Selecting Proposals

The evaluation and selection criteria for competitive awards under this CFDA description will be described in the competitive announcement. Cooperative agreements may be awarded to Tribes which submit applications consistent with EPA regulations and guidance. Potential applicants should work with Regional contacts listed as "Information Contacts" identified in Appendix IV of the Catalog. EPA will work with Tribes and Intertribal Consortia to develop work plans consistent with program guidance and any regulations that govern the implementation of the relevant Federal environmental program.



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