Capacity Building Grants and Cooperative Agreements for Compliance Assurance and Enforcement Activities in Indian Country and Other Tribal Areas (66.310)

Program

66.310 Capacity Building Grants and Cooperative Agreements for Compliance Assurance and Enforcement Activities in Indian Country and Other Tribal Areas

Federal Agency

Agency: Environmental Protection Agency
Office: Office of Enforcement and Compliance Assurance

Authorization

Solid Waste Disposal Act, Section 8001; Safe Drinking Water Act, Section 1442; Clean Air Act, Section 103; Clean Water Act, Section 104; Federal Insecticide, Fungicide, and Rodenticide Act, Section 20; Toxic Substances Control Act, Section 10; Marine Protection, Research and Sanctuaries Act, Section 203; National Environmental Policy Act, Section 102(2)(F); Indian Environmental General Assistance Program Act.

Program Number

66.310

Last Known Status

Active

Objectives

Providing financial resources to build and improve the compliance assurance and enforcement capacity of federally-recognized Indian tribes (tribes), inter-tribal consortia, or tribal organizations by providing financial resources and to improve compliance with environmental laws. As required by statute, such capacity building efforts may include economic, social science, statistical research, development, studies, surveys, demonstrations, investigations, public education, training, and fellowships to the extent authorized under the federal environmental laws listed above. This Catalog of Federal Domestic Assistance (CFDA) number covers EPA's Environmental Program Management (EPM) resources targeted for compliance assurance and enforcement in Indian country and other tribal areas, including those in Alaska. Funding Priority - Fiscal Year 2009: Building tribal compliance assurance and enforcement capacity to support activities related to the National Indian Country Enforcement and Compliance Assurance Priority (Indian Country Priority) is the funding priority for fiscal year 2009. To that end, these funds are targeted to address compliance assistance, compliance monitoring, and enforcement issues associated with waste management, schools, and public water systems. Activity examples include: funding the training of tribal compliance monitoring inspectors and conducting compliance monitoring inspections; demonstrating solid waste management techniques and operation and/or maintenance of public water systems and schools; training of personnel involved in the operation and/or maintenance of public water systems, schools, and solid waste operations; improving understanding of the potential hazards associated with school laboratory chemicals; hiring "circuit riders" to provide compliance assistance to tribal public water systems, solid waste programs, and schools; creating tribal environmental codes with enforcement components; and creating administrative procedures to facilitate regulatory compliance and enforcement. Also included are investigation of environmental compliance issues in each area. OECA's tribal funds should be used to support activities directly related to the Indian Country Priority.

Types of Assistance

PROJECT GRANTS

Uses and Use Restrictions

The funding is for fixed or known periods associated with specific projects. Project grants can include fellowships, scholarships, research grants, training grants, traineeships, experimental and demonstration grants, evaluation grants, planning grants, technical assistance grants, survey grants, and construction grants. OECA identifies special focus areas each funding cycle (annually). Previous years have included calls for proposals focusing on conducting sanitary surveys at tribal public water systems, compliance assistance to tribal solid waste programs, and innovative enforcement and compliance assurance projects, including performance measurement, data quality, and public access to information. Consistent with existing statutory authority, the funds are used to support compliance assistance, compliance monitoring, and enforcement activities.

Eligibility Requirements

Applicant Eligibility

Tribal Organizations, Inter-tribal Consortia, Federal, and State Organizations, Colleges and Universities, and non-for-profit organizations; eligible applicants must also have enforcement and compliance assurance responsibilities in Indian country and/or other tribal areas or provide support for enforcement and compliance assurance projects in Indian country and/or other tribal areas. EPA may also limit eligibility for certain competitive funding opportunities under this CFDA to: (1) tribes and intertribal consortia located in the Region where a project is going to be performed; and/or (2) applicants that have access to Indian country or other tribal areas.

Beneficiary Eligibility

Federally Recognized Indian Tribal Governments; Inter-tribal Consortia and Tribal Organizations; Federal, State, and Multi-jurisdictional State Organizations; colleges and universities; and non-for-profit organizations.

Credentials/Documentation

No Credentials or documentation are required. This program is excluded from coverage under OMB Circular No. A-87.

Application 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. This program is excluded from coverage under E.O. 12372. Environmental impact information is not required for this program. This program is excluded from coverage under E.O. 12372.

Application Procedure

OMB Circular No. A-102 applies to this program. OMB Circular No. A-110 applies to this program. Applicants may be able to use http://www.grants.gov to electronically apply for certain grant opportunities under this CFDA.

Award Procedure

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

Contact the headquarters or regional office, as appropriate, for application deadlines.

Range of Approval/Disapproval Time

Approximately 60 days from the date of submission of the final proposal.

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. e resolved under 40 CFR 30.63 or 40 CFR 31.70, as applicable.

Renewals

Not Applicable.

Assistance Considerations

Formula and Matching Requirements

This program has no statutory formula.

This program has no matching requirements.

This program does not have MOE requirements.

Length and Time Phasing of Assistance

Assistance is normally provided in one lump sum. Projects may span multiple years. There is no restriction on the time permitted to spend the money awarded, although money must be spent prior to expiration associated with the specified federal fiscal year. See the following for information on how assistance is awarded/released: Other.

Post Assistance Requirements

Reports

Semi-annual program reports must be submitted to the Project Officer for the duration of the project period. Final reports must be submitted to the Project Officer upon completion of the project. The EPA Project Officer will determine whether additional reports are appropriate and necessary. No cash reports are required. Semi-annual progress reports must be submitted to the Project Officer for the duration of the project period. Final reports must be submitted to the Project Officer upon completion of the project. The EPA Project Officer will determine whether additional reports are appropriate and necessary. Expenditure Reports may be required under this program. Performance monioring is required by this program.

Audits

In accordance with the provisions of OMB Circular No. A-133 (Revised, June 27, 2003), "Audits of States, Local Governments, and Non-Profit Organizations," nonfederal entities that expend financial assistance of $500,000 or more in Federal awards will have a single or a program-specific audit conducted for that year. Nonfederal 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 Circular No. A-133. 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 Nonprofit Organizations," nonfederal 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. Nonfederal 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 charges to each cooperative agreement, must be kept available to personnel authorized to examine EPA grant accounts. All records must be maintained for 3 years from the date of the submission of the annual financial status report or longer if questions still remain, such as those raised as a result of audit.

Program Accomplishments

Fiscal Year 2008: In FY 2008, EPA funded multiple activities in Indian country. For example, EPA funded compliance assistance activities (training and demonstration) designed to improve understanding of how schools and public water systems can operate in compliance with applicable federal environmental laws. Similarly, EPA funded compliance assistance activities (training and demonstration) designed to improve understanding of how tribes can effectively manage solid waste. In addition, EPA funded circuit riders who provide on-site compliance and technical assistance to tribes. The funded circuit riders provided on-site assistance to the owners and operators of public water systems and the managers and staff engaged in the collection, handling, and disposal of solid and household hazardous waste. EPA-funded drinking water circuit riders provided training and assistance related to drinking water system operation, monitoring, data collection, and reporting. Solid waste circuit riders helped with waste assessments and waste investigations. EPA funds were also used for public service announcements and printed educational documents. EPA also funded the drafting of environmental codes associated with drinking water, solid waste, and regulations impacting schools and other environmental situations. Fiscal Year 2009: No Current Data Available Fiscal Year 2010: No Current Data Available

Financial Information

Account Identification

68-0103-0-1-304.

Obligations

(Project Grants) FY 08 $1,095,000; FY 09 est $300,000; FY 10 est $300,000

Range and Average of Financial Assistance

$3000 to $40,000/fiscal year; $40,000/fiscal year.

Regulations, Guidelines and Literature

Applicable EPA Uniform Administrative Requirements covered in the Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and other Non-Profit Organizations (40 CFR Part 30), February 15, 1996; Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (including Indian and Tribal Governments) (40 CFR Part 31), March 11, 1988; and State and Local Assistance: Provides program-specific requirements for State, tribal, and local grants (40 CFR Part 35, Subparts A and B), October 12, 1982.

Related Programs

Not Applicable.

Information Contacts

Regional or Local Office

See Regional Agency Offices. For EPA Region 1 contact Kristi Rea at (617) 918-1595 or rea.kristi@epa.gov; for EPA Region 2 contact Rebecca Jamison at (212) 637-3949 or jamison.rebecca@epa.gov; for EPA Region 4 contact Serdar Ertap at (404) 562-9683 or ertrap.serdar@epa.gov; for EPA Region 5 contact Andrew Anderson at (312) 353-9681 or anderson.andrew@epa.gov, for EPA Region 6 contact Connie Overbay at (214) 665-7274 or overbay.connie@epa.gov; for EPA Region 7 Wolfgang Brandner contact at (913) 551-7381 or brandner.wolfgang@epa.gov; for EPA Region 8 contact Liz Rogers at (303) 312-6974 or rogers.liz@epa.gov; for EPA Region 9 contact Angela Baranco at (415) 947-4262 or baranco.angela@epa.gov, and for EPA Region 10 contact Donald Dossett at (206) 553-8257 or dossett.donald@epa.gov.

Headquarters Office

Jonathan Binder Office of Compliance
Environmental Protection Agency
Ariel Rios Building, 1200 Pennsylvania Ave., NW., Washington, District of Columbia 20460 Email: binder.jonathan@epa.gov Phone: (202) 564-2516

Web Site Address

http://www.epa.gov/compliance/state/grants/index.html

Examples of Funded Projects

Fiscal Year 2008: In FY 2005 and 2006, EPA funded solid waste and drinking water system circuit riders to provide compliance and technical assistance to tribes in the area of solid waste management. Circuit riders conduct on-site visits at multiple facilities and provide detailed information and training to tribes, tribal environmental professionals, and facility operators on how to ensure compliance and improve environmental performance. In addition, EPA funded training and conferences for tribal environmental professionals, including how to effectively conduct compliance monitoring inspections under federal and tribal environmental laws, to facilitate the development of compliance assurance and enforcement programs. EPA funded the development of tribal environmental codes, including the creation of solid waste management plans designed to ensure the proper handling and disposal of solid waste. Finally, EPA funded tribal data collection and analysis efforts designed to assess the compliance status of regulated facilities and develop tribal plans to respond to the identified compliance issues. Fiscal Year 2009: No Current Data Available Fiscal Year 2010: No Current Data Available

Criteria for Selecting Proposals

The evaluation and selection criteria for competitive awards under this CFDA description will be described in the competitive announcement.