Direct Implementation Tribal Cooperative Agreements

 

Direct Implementation Tribal Cooperative Agreements (DITCAs) enable EPA to award cooperative agreements to federally recognized Indian tribes and eligible intertribal consortia to help carry out the Agency's function to directly implement Federal environmental programs required or authorized by law in the absence of an authorized or delegated tribal program, notwithstanding the Federal Grant and Cooperative Agreement Act. DITCAs are an increasingly important avenue for EPA and the tribes to realize meaningful environmental protection in Indian Country. DITCAs enable EPA to partner with tribes to help fulfill EPA's direct implementation authorities, yield environmental results, and assist the Agency in meeting its Strategic Plan goals and targets. DITCAs also provide tribes with flexibility and opportunity by allowing tribes, through a workplan with EPA and under federal authority, to choose aspects of a program that address their tribal environmental needs and priorities, to determine the scope and pace of tribal involvement, and to build tribal capacity to implement environmental programs. Funding Priorities - Fiscal Year 2019: Under Goal 2 of the FY18-22 EPA Strategic Plan, EPA is committed to work on a government-to-government basis to build tribal capacity to implement federal programs through delegations, authorizations, and primacy designations to enable tribes to meaningfully participate in the Agency?s policy making, standard setting, and direct implementation activities under federal environmental statutes. EPA will work with individual tribes to develop and implement an EPA-Tribal Environmental Plan (ETEP), a joint planning document for achieving stronger environmental and human health protection in Indian country. ETEPs identify tribal, EPA, and shared priorities, and the roles and responsibilities for addressing those priorities. EPA will focus its direct implementation efforts on areas of high need for human health or environmental protection, including programs identified in the ETEP for which tribes are not eligible, as well as those for which tribes do not currently anticipate seeking delegation, authorization, or primacy. In carrying out its direct implementation activities, EPA will work closely with tribes to develop tribal capacity to meaningfully participate in programs for which they do not anticipate seeking delegation, authorization, or primacy. EPA will also encourage tribes to participate in policy making and to assume appropriate partial roles in the implementation of programs, including through the use of DITCAs or other agreements, as available. DITCAs provide an avenue for tribes and EPA to partner in implementing meaningful environmental protection programs in Indian country. Because DITCAs can address a wide range of activities, and the need for implementation of these activities in Indian country is great, the funding priority is for any eligible activity that addresses a tribal environmental need or priority, and yields meaningful environmental and/or public health results for the tribe and the Agency.

General information about this opportunity
Last Known Status
Active
Program Number
66.473
Federal Agency/Office
Environmental Protection Agency
Type(s) of Assistance Offered
B - Project Grants
Program Accomplishments
Fiscal Year 2016 The information for FY 16 is not available yet. Examples of projects addressed by DITCAs continued to include regulatory oversight of Public Water Systems, to perform evaluation work, to develop products and to provide training; and Continued development of Underground Storage Tank (UST) and Leaking Underground Storage Tank (LUST) Prevention programs.
Fiscal Year 2017 Examples of projects addressed by DITCAs continued to include regulatory oversight of Public Water Systems, to perform evaluation work, to develop products and to provide training; and Continued development of Underground Storage Tank (UST) and Leaking Underground Storage Tank (LUST) Prevention programs.
Fiscal Year 2018 There were 14 cooperative agreements awarded for work beginning in FY 2018. Examples of projects addressed by DITCAs include: 1) regulatory oversight of Public Water Systems, to perform evaluation work, develop products and provide training; and 2) continued development of Underground Storage Tank (UST) programs; 3) work in tribal air quality management; and 4) Underground Injection Control (UIC) program work.
Authorization
EPA's Annual Appropriations Acts
Who is eligible to apply/benefit from this assistance?
Applicant Eligibility
DITCAs may be awarded to: (1) Federally Recognized Indian Tribal Government, and (2) intertribal consortia consistent with applicable provisions. In order for an intertribal consortium to be eligible to receive cooperative agreements under this authority, an intertribal consortium should be consistent with the provisions in 40 C.F.R. Part 35. See Notice of Guidance Issuance: Direct Implementation Tribal Cooperative Agreements (DITCAs) Guidance, 70 Fed. Reg 1440 (2005).
Beneficiary Eligibility
Federally Recognized Indian Tribal Government and intertribal consortia consistent with applicable provisions.
Credentials/Documentation
The provisions of 2 CFR 200, Subpart E apply. In order for intertribal consortium to be eligible to receive cooperative agreements under this authority, an intertribal consortium should be consistent with the provisions in 40 CFR Part 35. For additional information see also the Notice of Guidance Issuance, 70 Fed. Reg. 1440 (2005).
What is the process for applying and being award this assistance?
Pre-Application Procedure
Preapplication coordination is required. For non-competitive awards, 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. 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"
Application Procedure
2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards applies to this program. Applicants, except in limited circumstances approved by the Agency, must submit all initial applications for funding through http://www.grants.gov.
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. For non-competitive awards, EPA will review each application to determine the adequacy of the application in relation to EPA's grant regulations (2 CFR 200 and 1500) and other 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
Contact the headquarters or regional location, as appropriate for application deadlines
Approval/Disapproval Decision Time
Applications are generally approved and cooperative agreements awarded within 60 to 120 days.
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 2 CFR 1500 Subpart E, as applicable. .
Renewals
Not applicable.
How are proposals selected?
The evaluation and selection criteria for competitive awards under this assistance listing will be described in the competitive announcement. For non-competitive awards, cooperative agreements may be awarded to Tribes which submit applications consistent with EPA regulations and guidance. 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.
How may assistance be used?
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 directly implementing Federal environmental programs for Indian Tribes required or authorized by law. EPA may award DITCAs to fund activities that EPA is required or authorized to take to directly implement the federal environmental program in the absence of an acceptable tribal program. There are several limitations on DITCA awards. Among them are: (1) The statutory authority for DITCA is found in appropriations acts. In the event the appropriation authority is extended by continuing resolution(s), the DITCA authority will also be extended. (2) The project period of the DITCA may extend beyond the period of the appropriations act under which it was created, but all funds must be awarded prior to the expiration of the appropriations act authorizing the DITCA. (3) DITCA funded personnel may not perform inherently Federal functions. (4) EPA personnel can provide assistance to DITCA representatives based on the written DITCA work plan which may include daily direction. EPA cannot treat DITCA representatives as EPA employees by participating in hiring, disciplining, or firing decisions. (5) DITCA funded personnel cannot operate vehicles which are either owned or leased by the Federal government. 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: https://www.epa.gov/geospatial. .
What are the requirements after being awarded this opportunity?
Reporting
Performance Reports: Performance monitoring is required under this program.
Auditing
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.
Records
Financial records, including all documents to support entries on accounting records and to substantiate changes 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 (SF-269). If questions still remain, such as those raised as a result of audit, related records should be retained until the matter is completely resolved.
Other Assistance Considerations
Formula and Matching Requirements
Statutory formula is not applicable to this assistance listing.

Matching requirements are not applicable to this assistance listing.

MOE requirements are not applicable to this assistance listing.
Length and Time Phasing of Assistance
EPA normally awards cooperative agreements for periods of 12 to 36 months. The term of the grant shall be determined at the time of award. Other. The method of fund disbursement will be determined at the time of award.
Who do I contact about this opportunity?
Regional or Local Office
EPA's Regional and HQ National Tribal Program Managers at https://www.epa.gov/tribal/tribal-program-managers.
Headquarters Office
David B. Jones
David B. Jones, American Indian Environmental Office (2690M), U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460.
Washington, DC 20460 US
jones.david@epa.gov
Phone: (202) 564-4368
Website Address
https://www.epa.gov/tribal
Financial Information
Account Identification
68-0108-0-1-304
Obligations
(Cooperative Agreements (Discretionary Grants)) FY 18$350,000.00; FY 19 est $350,000.00; FY 20 FY 17$350,000.00; FY 16$350,000.00; -
Range and Average of Financial Assistance
Cooperative agreement amounts range between $10,000 and $100,000/fiscal year; Average: $55,000/fiscal year.
Regulations, Guidelines and Literature
EPA Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments 2 CFR part 200; Environmental Protection Agency and applicable EPA guidance. DITCA guidance is available on the Environmental Multimedia tab at : https://www.epa.gov/tribal
Examples of Funded Projects
Fiscal Year 2016 Projects for FY 2016 are not yet available. Examples of DITCAs funded activities included: implementation of the Public Water System Supervision program and implementation of the Underground Storage Tank program.
Fiscal Year 2017 Examples of DITCA-funded activities included: implementation of the Public Water System Supervision program (conducting sanitary surveys) and implementation of the Underground Storage Tank program (providing compliance assistance to regulated entities).
Fiscal Year 2018 Examples of DITCA-funded activities included: implementation of the Public Water System Supervision program (conducting sanitary surveys) and implementation of the Underground Storage Tank program (providing compliance assistance to regulated entities).

 



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