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
OFFICE OF ENFORCEMENT AND COMPLIANCE ASSURANCE, ENVIRONMENTAL PROTECTION AGENCY
Authorization
Clean Water Act, Section 104; Federal Insecticide, Fungicide, and Rodenticide Act, Section 20; Clean Air Act, Section 103; Solid Waste Disposal Act, Section 8001; Safe Drinking Water Act, Section 1442; Toxic Substances Control Act, Section 10; Marine Protection, Research and Sanctuaries Act, Section 203; National Environmental Policy Act, Section 102(2)(F) (for international awards); and Indian Environmental General Assistance Program Act.
Program Number
66.310
Last Known Status
Active
Objectives
that compliance assurance and enforcement at tribal schools, drinking water, and waste management are significant focus areas, these resources may also be made available for other, targeted compliance assurance and enforcement activity in Indian country if the areas identified are of higher concern from an EPA perspective.
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.
Eligibility Requirements
Applicant Eligibility
Tribal Organizations, Federal, and State 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: 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; and Federal, State, and Multi-jurisdictional State Organizations.
Credentials/Documentation
None.
Application and Award Process
Preapplication Coordination
OECA and EPA Regions typically request proposals from applicants detailing the substantive (not administrative) information asked for in the solicitation. Initial decisions are typically made based on either headquarters and regional review of these proposals and selected applicants are invited to submit full proposals using the standard application and following the application procedure below. Federally recognized Indian tribes are not subject to the Intergovernmental Review Process; however, other entities submitting an application in support of capacity building efforts for the tribes are subject to this review process. To find out about and comply with the state's process under Executive Order 12372 refer to the Office of Management and Budget (OMB) home page at: http://www.whitehouse.gov/omb/grants/spoc.html. A subject applicant should consult the office or official designated as the single point of contact in his or her state for more information on the process the state requires to be followed in applying for assistance, if the state has selected the program for review. If an applicant submits an unsolicited proposal it will be reviewed and evaluated in accordance with Agency policy and procedures. For more information regarding procedures for submitting unsolicited proposals, applicants may contact the individual(s) listed as "information Contacts" or see Appendix IV of the Catalog. 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 applicants may contact the individual(s) listed as "Information Contacts" or see Appendix IV of the Catalog.
Application Procedure
The standard application forms as furnished by the Federal Agency and required by OMB Circular No. A-102 must be used for this program. Requests for application forms and completed applications should be submitted to the appropriate EPA Regional Office (See Appendix IV of the Catalog).
Award Procedure
Each application shall be subjected to administrative coordination to determine adequacy in relation to grant regulations, and to technical and program evaluation to determine merit and relevancy of the project. For competitive awards, EPA will review and evaluate applications, proposals and/or submissions in accordance with the terms, conditions, and criteria stated in the announcement of the competitive funding opportunity. Competitions will be conducted in accordance with EPA policies/regulations for competing assistance agreements.
Deadlines
The solicitation or other announcement of availability of funds provides the complete schedule for application due dates.
Range of Approval/Disapproval Time
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 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
There are no matching or formula requirements. This program has no statutory formula.
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.
Post Assistance Requirements
Reports
Semi-annual 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.
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 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
In FY 2004 and 2005, EPA funded circuit riders in the solid waste and drinking water programs to provide compliance and technical assistance to tribes. In FY 2004, one EPA Region's circuit rider helped tribes close four of the Region's six highest priority open dumps. In another EPA Region, the circuit rider conducted seventeen 5-day visits to troubled tribal water systems and helped the system operators and tribal staff better understand the monitoring and reporting requirements of the Safe Drinking Water Act. In addition, each drinking water system received a tailored summary description of the water system's components, designated sampling sites for total coliform, and lead/copper monitoring, as well as basic instructions on how to provide daily operation and maintenance by the system operator. In addition, EPA funded training and conferences for tribal environmental professionals, including inspectors and environmental educations to facilitate the development of compliance assurance and enforcement programs. For example, sixteen tribal environmental professionals in one EPA Region obtained Manager of Landfill Operations certification from the Solid Waste Association of North America and twenty four tribal environmental professionals received refrigerant handling and removal certifications. Other tribal environmental professionals received training on inert landfill operations, open dump assessment, and hazardous waste management and safety. Among other activities, EPA also funded the development of tribal environmental codes and environmental compliance data collection and analysis programs. For the EPM tribal resources, OECA and the EPA Regions identify special focus areas related to the National Tribal Compliance Assurance Priority or focus areas on a tribe-by-tribe basis.
Financial Information
Account Identification
68-0103-0-1-304.
Obligations
FY 04 $1,450,000; FY 05 est $1,450,000; and FY 06 est $1,450,000.
Range and Average of Financial Assistance
$5,000 to $100,000 per 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
None.
Information Contacts
Regional or Local Office
For EPA Region 1 contact Veronica Harrington at (617) 918-1703 or harrington.veronica@epa.gov; for EPA Region 2 contact Rebecca Jamison at (212) 637-3949 or jamison.rebecca@epa.gov; for EPA Region 4 contact Cindy J. Nolan at (404) 562-8425 or nolan.cindyj@epa.gov; for EPA Region 5 contact Andrew Anderson at (312) 353-9681 or anderson.andrew@epa.gov, for EPA Region 6 contact David Bond at (214) 665-6431 or bond.david@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 Dosset at (206) 553-8257 or dossett.donald@epa.gov. See also, EPA Regional Offices listed in Appendix IV of the Catalog.
Headquarters Office
Contact Jonathan Binder, The Office of Compliance, Environmental Protection Agency, Ariel Rios Building, 1200 Pennsylvania Ave., NW., Washington, DC 20460. Telephone: (202) 564-2516, Facsimile: (202) 564-7083, and electronic mail: binder.jonathan@epa.gov.
Web Site Address
http://www.epa.gov/compliance/state/grants/index.html
Examples of Funded Projects
The focus area within enforcement and compliance assurance changes from year-to-year. The focus area for a given fiscal year is announced in announcements or solicitations distributed by EPA Regions and posted on various EPA websites. In FY 2004 and 2005, 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. Furthermore, 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. Finally, EPA funded an effort to identify and address compliance issues at Class V Underground Injection Control well in Indian country
Criteria for Selecting Proposals
Specific criteria is established by OECA and the EPA Regional Offices for each focus area and delineated in the announcements or solicitations.
