Indian Environmental General Assistance Program (GAP) (66.926)

 

Program

66.926 Indian Environmental General Assistance Program (GAP)

 

Federal Agency

OFFICE OF WATER, AMERICAN INDIAN ENVIRONMENTAL OFFICE, ENVIRONMENTAL PROTECTION AGENCY

 

Authorization

Indian Environmental General Assistance Program Act of 1992, Public Law 102-497, Section 11, 42 U.S.C. 4368b, as amended, Public Law103-155.

 

Program Number

66.926

 

Last Known Status

Active

 

Objectives

To provide general assistance grants (GAP) to Indian tribal governments and intertribal consortia to build capacity to administer environmental regulatory programs on Indian lands; and provide technical assistance from EPA to Indian tribal governments and intertribal consortia in the development of multimedia programs to address environmental issues on Indian lands. Funding Priority: EPA's funding priority is to ensure that all tribes have access to base funding for developing and establishing their environmental programs. To provide general assistance grants (GAP) to Indian tribal governments and intertribal consortia to build capacity to administer environmental regulatory programs on Indian lands; and provide technical assistance from EPA to Indian tribal governments and intertribal consortia in the development of multimedia programs to address environmental issues on Indian lands.

 

Types of Assistance

Project Grants.

 

Uses and Use Restrictions

Activities eligible for funding under this program are those for planning, developing, and establishing capability to implement environmental protection programs including development of solid and hazardous waste programs. General assistance agreements offer the opportunity for a tribe to develop an integrated environmental program, develop the capability to manage specific programs and establish a core program for environmental protection. These assistance agreements provide the opportunity for the tribes to define and develop administrative and legal infrastructures; to conduct assessments, monitoring, planning, and other actions; and to undertake additional activities within a simplified administrative framework. The primary purpose of these assistance agreements is to support the development of elements of a core environmental program, such as: providing for tribal capacity-building to assure an environmental presence for identifying programs and projects, including developing proposals for environmental program grants and managing environmental work; fostering compliance with Federal environmental statutes by developing appropriate tribal environmental programs, ordinances and services; and establishing a communications capability to work with Federal, State, local and other tribal environmental officials. Restrictions: The principal focus of this program is on the development of general tribal environmental capability. Assistance will be provided under this program only for activities which the agency determines are appropriate to carry out the purposes of the Act. No single grant awarded under this program may be for an amount exceeding ten percent of the total annual funds appropriated under Section (h) of the Act. As with many of EPA's grants to States and Tribes, GAP grants may now be combined with one or more other EPA grants into a Performance Partnership Grant for administrative savings and, with EPA concurrence, programmatic flexibility.

 

Eligibility Requirements

Applicant Eligibility

The following are eligible to receive financial assistance: (a) An Indian tribal government; and (b) an intertribal consortium or consortia. An Indian tribal government is any tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation (as defined in or established pursuant to the Alaska Native Claims Settlement Act, 43 U.S.C. 1601, et seq.), which is recognized by the U.S. Department of the Interior as eligible for the special services provided by the United States to Indians because of their status as Indians. A consortium is a partnership between two or more Indian tribal governments authorized by the governing bodies of those tribes to apply for and receive assistance under this program. An Intertribal consortium is eligible to receive a GAP grant if the consortium demonstrates that (1) A majority of its members meets the eligibility requirements for GAP grants; (2) all members that meet the eligibility requirements authorize the consortium to apply for and receive the grant; and (3) only members that meet the eligibility requirements will benefit directly from the grant project and the consortium agrees to a grant condition to that effect. An Intertribal consortium must have adequate documentation of the existence of the partnership and the authorization of the member Tribes to apply for and receive assistance. Documentation that demonstrates the existence of the partnership of Indian Tribal governments may consist of Tribal council resolutions, Intertribal consortia resolutions in conjunction with a Tribal council resolution from each member Tribe, or other written certification from a duly authorized representative of each Tribal government that clearly demonstrates that a partnership of Indian Tribal governments exists. Documentation that demonstrates that member Tribes authorize the consortium to apply for and receive assistance may consist of a Tribal council resolution from each Tribe or other written certification from a duly authorized representative of each Tribal government that clearly demonstrates that the Tribe authorizes the consortium to apply for and receive the grant on behalf of the Tribe. An Intertribal consortium resolution is not adequate documentation of the member Tribes authorization of the consortium unless it includes a written certification from a duly authorized representative of each Tribal government.

Beneficiary Eligibility

Federally Recognized Indian Tribal Governments.

Credentials/Documentation

This program is subject to the provisions of OMB Circular No.A-87.

 

Application and Award Process

Preapplication Coordination

The applicant should consult the Regional Indian Program Coordinator designated as the single point of contact for more information. This program is excluded from coverage under E.O. 12372. This program is subject to the provisions of OMB Circular No.A-102.

Application Procedure

Applicants must use the "Application for Federal Assistance: State and Local Non-Construction Programs" (Standard Form424).

Award Procedure

Applications are reviewed by the appropriate Regional Office and, if approved, financial assistance is awarded by the Regional Administrator or his/her delegated official.

Deadlines

Contact the Regional Office for application deadlines.

 

Range of Approval/Disapproval Time

Appeals

40 CFR Part 31, Subpart F.

Renewals

In order to receive renewals, significant progress must be demonstrated.

 

Assistance Considerations

Formula and Matching Requirements

This program has no statutory formula. This program has no matching requirements.

Length and Time Phasing of Assistance

Award amount remains available until expended in accordance with the term of the award. The term of an award may exceed one year, but may not exceed four years.

 

Post Assistance Requirements

Reports

Procedures for accounting, auditing, evaluating, and reviewing any program for activities in whole or in part for general assistance grant under this section shall be governed by regulations at 40 CFR Parts 31 and 35, "Environmental Program Grants for Tribes," with reports as required by the specific terms of the agreement.

Audits

The Office of Management and Budget (OMB) Circular No. A- 133, "Audits of States, Local Governments, and Non-Profit 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

Financial records, including all documents to support entries on accounting records and to substantiate charges 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. If questions still remain, such as those raised as a result of audit, related records should be retained until the matter is completely resolved.

 

Program Accomplishments

Funded activities have included environmental inventories, infrastructure and technical assessment of capability needs, and planning and development activities to establish tribal environmental programs.

 

Financial Information

Account Identification

68-0108-0-1-304.

Obligations

FY 02 $52,585,400; FY 03 est $57,585,400; and FY 04 est not available.

Range and Average of Financial Assistance

The minimum award for the first year of the grant is $75,000.

 

Regulations, Guidelines and Literature

Public Law 102-497, Section 11, 42 U.S.C.4368b, as amended by Public Law 103-155, November 24, 1993. The Agency published a notice for the Final Guidelines on the Award and Management of General Assistance Agreements for Indian Tribes At http://www.epa.gov/indian/tgrant.htm.

 

Related Programs

None.

 

Information Contacts

Regional or Local Office

Applicants are encouraged to communicate with their Regional Indian Program Coordinator listed in Appendix IV of the Catalog.

Headquarters Office

American Indian Environmental Office (4104 M) U.S. Environmental Protection Agency, Ariel Rios Building, 1200 Pennsylvania Ave., NW., Washington, DC 20460. Carol Jorgensen, (202) 564-0303.

Web Site Address

http://www.epa.gov/indian/tgrant.htm

 

Examples of Funded Projects

Purpose: The general assistance program is intended to provide general assistance grants for planning, developing and establishing the capability to implement programs administered by EPA in Indian country. Examples of past funded projects include: establishment of a water quality assessment program; an environmental assessment inventory; establishment of an environmental code; establishment of a multi-media program to address water quality, air quality, safe drinking water, solid waste, hazardous waste and pesticides; establishment of a management plan with emphasis on wastewater sludge reclamation and tire recovery; establishment of a program to address underground storage tanks, SARA Title III and radon.

 

Criteria for Selecting Proposals

Proposals are approved by the individual EPA Regional offices according to the applicant's ability to achieve objectives outlined in Public Law 102-497, Section 11, the interim final regulation for programs implementation in the Federal Register on December 2, 1993, 40 CFR Part 35, Indian Tribes; the Final Guidelines on the Award and Management of General Assistance Agreements for Indian Tribes, and the relevance to the uses described above. Proposals should contain schedules for progress reports that will contribute towards development of environmental management capacity building; provide for an on-going coordination and problem resolution; and show an adequate ability to meet the proposed objectives, record keeping, and reporting requirements.