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 implement directly, Federal environmental programs required or authorized by law
in the absence of an acceptable 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 Priority - Fiscal Year 2017: The program provided another avenue for tribes and EPA to partner in implementing meaningful environmental protection in Indian Country.

DITCAs provide tribes with the flexibility and opportunity to develop staff capacity to manage environmental programs, to address specific tribal environmental needs and priorities that are within EPA's authority for direct implementation, and to determine the scope and pace of tribal involvement.

EPA retained final decision making authority and ultimate responsibility for the environmental programs including all regulatory activities.

EPA awarded 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.

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 results for the tribe and the Agency.

Funding Priority - Fiscal Year 2018: The program provides another avenue for tribes and EPA to partner in implementing meaningful environmental protection in Indian Country.

DITCAs provide tribes with the flexibility and opportunity to develop staff capacity to manage environmental programs, to address specific tribal environmental needs and priorities that are within EPA's authority for direct implementation, and to determine the scope and pace of tribal involvement.

EPA retains final decision making authority and ultimate responsibility for the environmental programs including all regulatory activities.

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.

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 results for the tribe and the Agency.
Examples of Funded Projects

Fiscal Year 2016: 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 DITCAs funded activities included: implementation of the Public Water System Supervision program and implementation of the Underground Storage Tank program.

Fiscal Year 2018: No Current Data Available


Agency - Environmental Protection Agency

The mission of the Environmental Protection Agency is to protect human health and the environment. Since 1970, EPA has been working for a cleaner, healthier environment for the American people.

Office - See Regional Agency Offices.

EPA's Regional and HQ National Tribal Program Managers at https://www.epa.gov/tribal/tribal-program-managers.



Selected Recipients for this Program


RecipientAmount Start DateEnd Date
Redwood Valley Little River Band Of Pomo Indians $ 19,495   2012-09-012013-10-15
Pauma Band Of Mission Indians $ 15,450   2012-10-012013-09-30
Nez Perce Tribe $ 483,500   2008-10-012013-09-30
Hoopa Valley Tribal Council $ 29,210   2012-10-012013-09-30
Fallon Paiute Shoshone Tribes Of The Fallon Reservation & Colony $ 41,574   2012-09-012013-09-30
Confederated Tribes Of The Goshute Reservation $ 25,000   2012-09-012013-08-31
Pala Band Of Mission Indians $ 15,300   2012-09-012013-08-30
Oneida Nation $ 100,000   2011-07-012013-06-30
Duckwater Shoshone Tribe $ 21,834   2011-09-012012-10-31
Fort Bidwell Indian Community Council $ 27,378   2011-08-012012-10-31



Program Accomplishments

Fiscal Year 2016: 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: na.

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 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. Grant recipients and sub-recipients are encouraged to adopt and enforce policies that ban text messaging while driving company-owned or -rented vehicles or government-owned vehicles, or while driving privately-owned vehicles when on official government business or when performing any work for or on behalf of the government.

Grant recipients and sub-recipients are encouraged to conduct initiatives of the type described in section 3(a) of the Federal Leadership on Reducing Text Messaging While Driving Executive Order that was signed on October 1, 2009.

Generally this program makes Federal awards on a discretionary basis.

For further information, please contact the Headquarters or regional office.

Eligibility Requirements

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). 2 CFR 200, Subpart E - Cost Principles applies to this program.

Aplication and Award Process

Preapplication Coordination

For additional information, contact the individual(s) listed as 'Information Contacts' or see Appendix IV of the Catalog.

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.

Environmental impact information is not required for this program.

This program is excluded from coverage under E.O.

12372.

Application Procedures

2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards applies to this program. 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. Eligible applicants should contact the appropriate Regional Office Contact identified in Appendix IV of the Catalog of information regarding preapplications. The forms are available at: http://www.epa.gov/ogd/AppKit/application.htm. Completed applications should be submitted to the appropriate Regional Office Contact identified in Appendix IV of the Catalog. Applicants, except in limited circumstances approved by the Agency, must submit all initial applications for funding through http://www.grants.gov.

Award Procedures

EPA will review each application to determine the adequacy of the application in relation to EPA's grant regulations (2 CFR 200) and 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 office, as appropriate, for application deadlines.

Authorization

Department of Defense, Military Construction and Veterans Affairs, and Full-Year Continuing Appropriations Act, 2013, Public Law 113-6; Department of Defense, Military Construction and Veterans Affairs, and Full-Year Continuing Appropriations Act, 2014, Public Law 113-76; The Consolidated and Further Continuing Appropriations Act, 2015, Public Law 113-235, Public Law 113-235.

Range of Approval/Disapproval Time

Applications are generally approved and cooperative agreements awarded within 60 to 120 days.

Appeals

Disputes will be resolved under 2 CFR 1500 Subpart E, as applicable. .

Renewals

Not Applicable.

Assistance Considerations

Formula and Matching Requirements

This program has no statutory formula. This program has no 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. This program does not have MOE requirements.

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. See the following for information on how assistance is awarded/released: Other. The method of fund disbursement will be determined at the time of award.

Post Assistance Requirements

Reports

EPA and Tribes will negotiate the frequency and content of performance and financial status reports.

EPA includes reporting requirements for grants and cooperative agreements in the terms and conditions of the agreements.

Specific reporting requirements are also identified in the Uniform grant Guidance 2 CFR 200 and 40 CFR Part 35, 'Environmental Program Grants for Tribes.' Program reports are required under this program.

Cash reports are required under this program.

Progress reports are required under this program.

Expenditure reports are required under this program.

Performance monitoring is required under this program.

Audits

In accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements, non-Federal entities that expend financial assistance of $750,000 or more in Federal awards will have a single or a program-specific audit conducted for that year. Non-Federal entities that expend less than $750,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in 2 CFR 200.503. 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.

Financial Information

Account Identification

68-0108-0-1-304 - EPM.

Obigations

(Project Grants) FY 16 $350,000; FY 17 est $350,000; and FY 18 est $350,000 - FY 2016 $350,000; FY 2017 $350,000; and FY 2018 est. $350,000 in active cooperative agreements.

Range and Average of Financial Assistance

Cooperative agreement amounts range between $10,000 and $100,000/fiscal year; Average: $55,000/fiscal year. 68-6/7-0108 68-7/8-0108 68-8/9-0108.

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 at https://www.epa.gov/tribal/grant-programs-tribes.

Information Contacts

Regional or Local Office

See Regional Agency Offices. EPA's Regional and HQ National Tribal Program Managers at https://www.epa.gov/tribal/tribal-program-managers.

Headquarters Office

Jeff Besougloff, Jeff Besougloff, American Indian Environmental Office (2690M), U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460. Telephone: (202) 564-0292; FAX: (202) 564-0298; e-mail: besougloff.jeff@epa.gov. , Washington, District of Columbia 20460 Email: besougloff.jeff@epa.gov Phone: (202) 564-0292.

Criteria for Selecting Proposals

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.



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