Training, Investigations, And Special Purpose Activities Of Federally-recognized Indian Tribes Consistent With The Clean Air Act (CAA), Tribal Sovereignty And The Protection And Management Of Air Quality (66.038)

Program

66.038 Training, Investigations, And Special Purpose Activities Of Federally-recognized Indian Tribes Consistent With The Clean Air Act (CAA), Tribal Sovereignty And The Protection And Management Of Air Quality

Federal Agency

Agency: Environmental Protection Agency
Office: Office of Air and Radiation

Authorization

Clean Air Act of 1963, Section 103, Public Law 95-95, 42 U.S.C 7403.

Program Number

66.038

Last Known Status

Active

Objectives

To support Federally-recognized Indian Tribes' efforts to understand, assess and characterize air quality; design methods and plans to protect and improve air quality on tribal lands through surveys, studies, research, training, investigations, and special purpose activities. To ensure tribes have appropriate levels of support and opportunity to understand their air quality and take proactive measures to preserve, restore and protect air quality for their reservations and other lands over which they have jurisdiction through tribal program implementation, CAA implementation, radiation protection, mobile source controls, and voluntary programs to address outdoor and indoor air and other concerns. To ensure that all tribes have the tools they need to understand and participate in local, regional and national issues, regulatory and policy developments, and to protect their air quality from activities off the reservation that may affect or impact them. To improve the ability of tribes to understand, define, design and participate in activities that affect their air quality. Funding Priority-Fiscal Year 2009: EPA and Tribes, in partnership, will protect public health, the environment, and unique Tribal air resources, consistent with the CAA, its Amendments, and EPA's trust responsibilities. This program will ensure Tribes have appropriate levels of support and opportunity to understand their own air quality and take proactive measures to preserve, restore, and protect air quality for their reservations and other lands over which they have jurisdiction through CAA implementation, radiation protection, mobile source controls, and voluntary programs to address indoor and outdoor air and other concerns. Activities will ensure that all Tribes have the tools they need to understand and participate in local, regional, and national issues and to protect their air quality from changes off reservation that may impact them. Key activities include: (1) Training and Program Development - this area includes technical, administrative, and policy related training conducted in-person, on-line, and/or by any remote technological method supporting the enhancement of skills that contribute to development of tribal air quality management activities; (2) Assessment and Monitoring - activities related to assessment may include short or long term efforts to define, design, understand, and assess in a qualitative or quantitative manner (such as through an emission or source inventory) the impacts of air pollutants to human health, the environment, and items of cultural importance. Monitoring includes numerous activities that gather data about the state of the environment and measuring the concentrations and potential effects of criteria and/or toxic air pollutants; (3) Developing capacity or a plan for eligibility under the Tribal Authority Rule - developing capacity includes activities that increase the experience and expertise of tribes to understand and assess air quality, including technical, administrative, policy, regulatory, education and outreach, communication skills, training, and building contacts, networks and experience. Capacity includes carrying-out these programs and activities, interacting with the national air program and providing input, guidance, and perspective to efforts to develop policies, regulations, and guidance at the local, regional, and national level including reading, report writing, grant writing and reporting, budgeting, public speaking, developing presentations, preparing comments, editing documents, operating and maintaining equipment, and participating in meetings. Developing a plan for eligibility under the Tribal Authority Rule (TAR) includes report reading and writing, grant writing and reporting, budgeting, public speaking, presentation development, comment preparation, document editing, equipment operation and maintenance, and meeting participation; (4) Delegation or Ongoing Capability Development - This activity includes developing technical, administrative, and management skills, knowledge, and abilities through experience, training, and education to enable activities such as reading and interpreting federal regulations, operating equipment, preparing and presenting technical information and reports, interacting with tribal communities and governments, federal bureaucrats and bureaucracy, providing outreach and education, public speaking, conducting public hearings, collecting and analyzing data, developing plans and innovative approaches to pollution control in a culturally sensitive manner; and (5) Tribal Implementation Plan development - tribes may conduct all aspects of air quality management at an advanced level, including data analysis, analyzing, interpreting and commenting on administrative and regulatory requirements and activities at local, state, regional and national levels, developing advanced technical, policy and planning document preparation, and tribal government representation.

Types of Assistance

PROJECT GRANTS

Uses and Use Restrictions

Grants and cooperative agreements are available to support recipient's allowable direct costs incident to approved Tribal air resources activities that will protect public health and the environment, plus allowable indirect costs, in accordance with established EPA policies and regulations. 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. Executive Order 12372 does not apply to the program.

Eligibility Requirements

Applicant Eligibility

Assistance under this program is generally available to Federally-recognized Indian Tribes and Intertribal Consortia, which submit applications proposing projects with significant technical merit and relevance to EPA's Office of Air and Radiation's mission. Tribal CAA 103 Project Grants have been determined by the Agency as exempt from competition under EPA Order 5700.5A1.

Beneficiary Eligibility

Federally-recognized Indian Tribes and Intertribal Consortia.

Credentials/Documentation

Costs will be determined in accordance with OMB Circular No. A-87 for State and local governments and Indian Tribes. Applicants may be requested to demonstrate they have appropriate background, academic training, experience in the field, and necessary equipment to carry out projects. EPA may ask applicants or principle investigators to provide curriculum vitae and relevant publications. OMB Circular No. A-87 applies to this program.

Application and Award Process

Preapplication Coordination

EPA will generally specify the nature of the pre-application/pre-proposal assistance, if any, that will be available to applicants. 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. EPA requires final applications to be made on Standard Form 424. Requests for application kits must be submitted to the Environmental Protection Agency, Grants and Interagency Agreement Management Division, 3903R, Washington, DC 20460 or through the appropriate EPA Regional Office listed 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 Procedure

EPA will review and evaluate applications, proposals, and/or submissions in accordance with EPA policies/regulations for non competitive assistance agreements.

Deadlines

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

Range of Approval/Disapproval Time

Approximately 180 days.

Appeals

Disputes will be 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

EPA normally funds assistance agreements on a 12-month basis. However, EPA can negotiate the project period with each applicant based on project requirements. EPA limits project periods to 5 years. Grants and cooperative agreements are generally fully funded or on an incremental funding basis. Successful applicants will be notified either via U.S. mail or electronically. See the following for information on how assistance is awarded/released: Assistance agreements are fully funded (lump sum) or incrementally (quarterly) funded.

Post Assistance Requirements

Reports

Grantees are required to submit program reports in accordance with Agency policy and the Monitoring and Reporting Program Performance requirements stated in Federal Grant Regulations 40 CFR Part 31 or 40 CFR Part 30 and OMB Circular No.A-102 or OMB Circular No.A-110. Grantees are required to submit financial reports in accordance with Agency policy and the Financial Reporting and Financial Management Systems requirements stated in Federal Grant Regulations 40 CFR Part 31 or 40 CFR Part 30 and OMB Circular No.A-102 or OMB Circular No.A-110. Grantees are required to submit progress reports in accordance with Agency policy and the Monitoring and Reporting Program Performance requirements stated in Federal Grant Regulations 40 CFR Part 31 or 40 CFR Part 30 and OMB Circular No.A-102 or OMB Circular No.A-110. No expenditure reports are required. Grantees are required to perform performance monitoring in accordance with Agency policy and requirements stated in Federal Grant Regulations 40 CFR Part 31 or 40 CFR Part 30 and OMB Circular No.A-102 or OMB Circular No.A-110.

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

Recipients are subject to the retention and access requirements for records under 40 CFR Part 31.42. Recipients must keep financial records, including all documents supporting entries on accounting records and to substantiate changes in grants available to personnel authorized to examine EPA recipients' grant and cooperative agreement records. Recipients must maintain all records until 3 years from the date of submission of final expenditure reports. If questions, such as those raised as a result of audits remain following the 3-year period, recipients must retain records until the matter is completely resolved.

Program Accomplishments

Fiscal Year 2008: In FY2009 this program provided 99 tribal governments with funding to develop capacity and conduct approved activities under the CFDA. Funded tribes are developing tribal air quality management programs, increasing environmental protection for areas under their jurisdiction, and their accomplishments include greatly increased activity and representation of tribal interests in local, regional and national air quality management, a desirable outcome. Tribes also completed a number of activities, including developing Tribal Implementation Plans, completing requests for CAA eligibility for both administrative and programmatic CAA elements. Fifteen specialized tribal training workshops have been conducted training 169 individuals from 148 tribes across the nation. Over 100 individuals from 46 different tribes have requested and received individualized technical support, information or assistance on a variety of air quality management topics. Roughly ten interns have been placed each summer in air quality management offices nationwide, including at tribal government and US EPA Offices to advance their air quality management skills. Fiscal Year 2009: In FY2009 this program provided 99 tribal governments with funding to develop capacity and conduct approved activities under the CFDA. Funded tribes are developing tribal air quality management programs, increasing environmental protection for areas under their jurisdiction, and their accomplishments include greatly increased activity and representation of tribal interests in local, regional and national air quality management, a desirable outcome. Tribes also completed a number of activities, including developing Tribal Implementation Plans, completing requests for CAA eligibility for both administrative and programmatic CAA elements. Fifteen specialized tribal training workshops have been conducted training 169 individuals from 148 tribes across the nation. Over 100 individuals from 46 different tribes have requested and received individualized technical support, information or assistance on a variety of air quality management topics. Roughly ten interns have been placed each summer in air quality management offices nationwide, including at tribal government and US EPA Offices to advance their air quality management skills. Fiscal Year 2010: No Current Data Available

Financial Information

Account Identification

68-1810-0-1-304 - Resulting awards are funded using the following accounts: Environmental Program & Management (EPM), Science & Technology (S&T), and State & Tribal Air Grants (STAG).

Obligations

(Project Grants) FY 08 $9,589,688; FY 09 est $13,300,000; FY 10 est $13,300,000

Range and Average of Financial Assistance

There is no minimum amount of assistance; the maximum is $7,750,000. The general range of the amount of assistance is $25,000 to $500,000. The average is $75,000.

Regulations, Guidelines and Literature

Training, Investigations, and Special Purpose grants and cooperative agreements are subject to EPA General Grant Regulations 40 CFR Part 31. Costs will be determined in accordance with OMB Circular No. A-87 for State and local governments and Indian Tribes.

Related Programs

66.001 Air Pollution Control Program Support; 66.034 Surveys, Studies, Research, Investigations, Demonstrations, and Special Purpose Activities Relating to the Clean Air Act

Information Contacts

Regional or Local Office

See Regional Agency Offices. EPA encourages potential applicants to communicate with the appropriate EPA Regional Office listed in Appendix IV of the Catalog, and the Headquarters program contacts listed below.

Headquarters Office

Darrel Harmon USEPA Headquarters
Ariel Rios Building
1200 Pennsylvania Avenue, N. W.
Mail Code: 6101A , Washington, District of Columbia 20460 Email: harmon.darrel@epa.gov Phone: (202) 564-7416

Web Site Address

http://www.epa.gov/air/tribal

Examples of Funded Projects

Fiscal Year 2008: Ninety nine grants awarded to fund tribal air quality management program development, air quality assessments, air pollution emission inventory development, tribal air quality monitoring for ozone, particulate matter, sulfur dioxide, nitrogen oxides, acid deposition, and mercury; development and implementation of TAS authority under the Tribal Authority Rule and CAA program development and implementation of administrative and programmatic elements of the CAA; smoke management plans (Nez Perce Tribe); Tribal Implementation Plans at St. Regis Mohawk Tribe, Mashantucket-Pequot Tribal Nation; Air Quality Management Program development (Gila River Indian Community), American Indian Air Quality Training Program including the Tribal Air Monitoring Support Center, a partnership between tribes, EPA and Northern Arizona University to provide training and technical support to tribes monitoring air quality; and, the Environmental Education Outreach Program at Northern Arizona University, to encourage tribal students to pursue careers in air quality, where they are significantly under-represented. Fiscal Year 2009: No Current Data Available Fiscal Year 2010: No Current Data Available

Criteria for Selecting Proposals

Applications and proposals are selected for funding based on factors such as relevancy to EPA's mission, technical merit, and the likelihood of success. Tribal CAA 103 Project Grants have been determined exempt from competition under EPA Order 5700.5A1.