Direct Implementation Tribal Cooperative Agreements (66.473)
Program
66.473 Direct Implementation Tribal Cooperative Agreements
Federal Agency
OFFICE OF WATER, ENVIRONMENTAL PROTECTION AGENCY
Authorization
Environmental Protection Agency Appropriations Act 2002; Public Law 107-73.
Program Number
66.473
Last Known Status
Active
Objectives
Direct Implementation Tribal Cooperative Agreements provide financial assistance to allow Tribes and Intertribal Consortia to help the Environmental Protection Agency (EPA) implement Federal environmental programs for Indian Tribes, notwithstanding the Federal Grant and Cooperative Agreement Act. The program promotes Tribal involvement in EPA direct implementation of Federal environmental programs for Tribes depending upon each Tribe's interest and ability. It will help Tribes build the capacity to carry out EPA-approved Tribal programs in the future if they wish to do so. EPA retains final decision-making authority and ultimate responsibility for the environmental programs including all regulatory activities. Funding Priority: Capitalization grants are available to each State for the purpose of establishing a clean water State revolving fund for providing assistance for: (1) construction of publicly owned wastewater treatment works; (2) implementing nonpoint source management activities included in State Plans developed pursuant to Section 319; and (3) developing and implementing an estuary conservation and management plan under Section 320. The capitalization grant is deposited in the SRF, which is used to provide loans and other types of financial assistance, but not grants, to local communities and intermunicipal and interstate agencies. Assistance may be provided to persons for implementing nonpoint source and estuary management activities if provided for in State Plans developed under Sections 319 and 320. Up to 4 percent of the grant amounts may be used for the cost of administering the SRF.
Types of Assistance
Project Grants.
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 implementing Federal environmental programs for Indian Tribes required or authorized by law.
Eligibility Requirements
Applicant Eligibility
Tribes and Intertribal Consortia are eligible. An Intertribal Consortium is eligible to receive cooperative agreements under this authority only if the Consortium demonstrates that all members of the Consortium are Federally recognized and authorize the Consortium to apply for and receive a cooperative agreement on their behalf. (See Guidelines for Direct Implementation Tribal Cooperative Agreements (DITCAs) for fiscal year 2002.)
Beneficiary Eligibility
Federally recognized Indian Tribes and individuals.
Credentials/Documentation
None.
Application and Award Process
Preapplication Coordination
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 eligible for coverage under E.O. 12372,"Intergovernmental Review of Federal Programs."
Application Procedure
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.
Award Procedure
EPA will review each application to determine the adequacy of the application in relation to EPA's grant regulations (40 CFR Part 31), 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.
Deadlines
There is no application deadline; however, EPA may award DITCAs only until September 30, 2002. The project period may extend beyond that date, but all funds must be awarded to the recipient by September 30, 2002.
Range of Approval/Disapproval Time
Appeals
As described in 40 CFR Part 31, subpart L.
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. No cost-sharing is required.
Length and Time Phasing of Assistance
EPA normally awards cooperative agreements for periods of 12 to 36 months.
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
In accordance with the provisions of OMB Circular No. A- 133, "Audits of States, Local Governments, and Nonprofit Organizations," nonfederal entities that receive financial assistance of $300,000 or more within the State's fiscal year shall have an audit made for that year. The Office of Management and Budget (OMB) Circular No. A- 133, "Audits of States, Local Governments, and Nonprofit Organizations," was published in the Federal Register on June 30, 1997. The Circular implements the Single Audit Act amendments of 1996. The Circular requires nonfederal entities that expend more than $300,000 in Federal award dollars, to have an audit conducted in accordance with the Circular's provisions. With the revised Circular, the previous OMB Circular No. A-128 for single audits of State and local governments was rescinded and the single audit requirements for these entities were incorporated among the provisions of OMB Circular No. A-133.
Records
Recipients must retain records for at least 3 years after submission of Financial Status Reports (SF-269). Records shall be retained beyond the 3-year period if audit findings have not been resolved.
Program Accomplishments
It is anticipated that 300 preapplications will be received and about 25-50 awards will be granted in fiscal year 2002 under this program.
Financial Information
Account Identification
68-0103-0-1-304; 68-0108-0-1-304.
Obligations
FY 02 est $680,000; FY 03 est $680,000; and FY 04 est $685,000.
Range and Average of Financial Assistance
EPA expects cooperative agreement amounts to range between $10,000 and $80,000.
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.
Related Programs
None.
Information Contacts
Regional or Local Office
Not applicable.
Headquarters Office
Glen Langlois, Grants Administration Division, EPA. Telephone: (202) 564-5084. Martha Kucera, American Indian Environmental Office. Telephone: (202) 564-0295.
Web Site Address
Examples of Funded Projects
None.
Criteria for Selecting Proposals
Cooperative agreements may be awarded to Tribes which submit applications consistent with EPA regulations and guidance.
