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. 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 Agencys 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.

Active 66.473 Environmental Protection Agency B - Project Grants Not applicable. EPA's Annual Appropriations Act 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 Subpart B (Tribal Grants). See "EPA's Direct Implementation of Federal Environmental Programs in Indian Country", which can be found at: https://www.epa.gov/tribal/epas-direct-implementation-federal-environmental-programs-indian-country. Federally Recognized Indian Tribal Government and intertribal consortia consistent with applicable provisions. 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 Subpart B (Environmental Program Grants for Tribes). Preapplication coordination is not applicable. 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards applies to this program. 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. For additional information, contact the individual(s) listed as "Information Contacts". Applicants, except in limited circumstances approved by the Agency, must submit all initial applications for funding through Grants.gov. 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. Contact the headquarters or regional location, as appropriate for application deadlines Cooperative agreements are usually awarded within 60 to 120 days from the date of application receipt. Disputes will be resolved under 2 CFR 1500 Subpart E, as applicable. Not applicable. 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. 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. For example, activities under the following programs may be eligible for DITCA funding: 1) Water quality standards promulgation and review and the National Pollutant Discharge Elimination System permit program under the Clean Water Act. 2) Implementation plan development and the Title V permit program under the Clean Air Act. 3) The Public Water System program and the Underground Injection Control program under the Safe Drinking Water Act. 4) The Underground Storage Tank program and the Subtitle C permit program under the Resource Conservation and Recovery Act. 5) The Certification and Training program for pesticide applicators under the Federal Insecticide, Fungicide, and Rodenticide Act. 6) The Lead-Based Paint program under the Toxic Substances Control Act. 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: Geospatial Resources at EPA (https://www.epa.gov/geospatial). Performance Reports: Requirements will be outlined in the terms and conditions of the assistance agreement. 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. 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 grants and cooperative agreements records. Recipients must maintain all records until 3 years from the date of submission of final expenditure reports as required by 2 CFR 200.334. If questions, such as those raised because of audits remain following the 3-year period, recipients must retain records until the matter is completely resolved. 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. 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. The method of fund disbursement will be determined at the time of award. A listing of EPA's Regional and HQ National Tribal Program Managers can be found at: https://www.epa.gov/tribal/tribal-program-managers. David B. Jones
Environmental Protection Agency
American Indian Environmental Office (3204R)
1200 Pennsylvania Avenue, N.W. (Mail Code: 2690R)
Washington, DC 20460 US
jones.david@epa.gov
Phone: (202) 564-4368 https://www.epa.gov/tribal 68-0103-0-1-304 (Cooperative Agreements (Discretionary Grants)) FY 22$842,000.00; FY 23 est $431,534.00; FY 24 est $700,000.00; FY 21$0.00; FY 20$350,000.00; FY 19$350,000.00; FY 18$350,000.00; FY 17$350,000.00; FY 16$350,000.00; - Cooperative agreement amounts range between $10,000 and $100,000/fiscal year; Average: $55,000/fiscal year. 2 CFR 200 and 1500 (EPA Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards); 40 CFR Part 33 (Participation by Disadvantaged Business Enterprises in United States Environmental Protection Agency Programs); 40 CFR Part 35, Subpart B (Environmental Program Grants for Tribes). DITCA guidance is available on the Environmental Multimedia tab at : https://www.epa.gov/tribal. Not applicable.