Indian Environmental General Assistance Program (GAP)
AMERICAN INDIAN ENVIRONMENTAL OFFICE, OFFICE OF WATER, ENVIRONMENTAL PROTECTION AGENCY
Indian Environmental General Assistance Program Act of 1992; Public Law 102-497, Section 11, 42 U.S.C. 4368b, as amended; Public Law 103-155.
To provide general assistance program (GAP) grants 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 - Fiscal Year 2008: Funding is for the purposes of planning, developing, and establishing the administrative, technical, legal, enforcement, communications, and environmental education and outreach structure of a tribal environmental program. In FY 08, the goal is to provide funding and technical assistance so that approximately 500 or 90 percent of federally-recognized tribal governments and intertribal consortia have at least one person working in their community to build a strong, sustainable environment for the future. The vital work performed includes locally assessing the status of a tribe's environmental condition, utilizing available federal information, building an environmental program tailored to the tribe's needs, developing environmental education programs, developing solid waste management plans, assisting in the building of tribal environmental capacity, and alerting EPA to serious conditions involving immediate public health and ecological health. Funding Priority - Fiscal Year 2009: Funding is for the purposes of planning, developing, and establishing the administrative, technical, legal, enforcement, communications, and environmental education and outreach structure of a tribal environmental program. In FY 08, the goal is to provide funding and technical assistance so that approximately 500 or 90 percent of federally-recognized tribal governments and intertribal consortia have at least one person working in their community to build a strong, sustainable environment for the future. The vital work performed includes locally assessing the status of a tribe's environmental condition, utilizing available federal information, building an environmental program tailored to the tribe's needs, developing environmental education programs, developing solid waste management plans, assisting in the building of tribal environmental capacity, and alerting EPA to serious conditions involving immediate public health and ecological health.
Types of Assistance
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. 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
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 intertribal 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. For certain competitive funding opportunities under this CFDA description, the Agency may limit eligibility to compete to a number or subset of eligible applicants consistent with the Agency's Assistance Agreement Competition Policy.
Federally Recognized Indian Tribal Governments and eligible Intertribal Consortia.
This program is subject to the provisions of OMB Circular No. A-87.
Application and Award Process
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" or see Appendix IV of the Catalog. This program is excluded from coverage under E.O. 12372.
Applicants must use the "Application for Federal Assistance: State and Local Non-Construction Programs" (Standard Form 424). Applicants may be able to use http://www.grants.gov to electronically apply for certain grant opportunities under this CFDA.
Applications are reviewed by the appropriate Regional Office and, if approved, financial assistance is awarded by the Regional Administrator or his/her delegated official. 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.
Contact the Regional Office for application deadlines.
Range of Approval/Disapproval Time
Approximately 90 days after deadline for application submission.
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 40 CFR 30.63 or 40 CFR 31.70, as applicable.
Formula and 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. The term of the grant shall be determined at the time of the grant award.
Post Assistance Requirements
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.
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 Non-Profit Organizations," non-federal 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. Non-federal 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.
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.
FY 07 $56,654,000 FY 08 $55,586,970; and FY 09 est. $57,925,000.
Range and Average of Financial Assistance
The minimum award for the first year of the grant is $75,000/fiscal year, max. $400,000/fiscal year; avg. $110,000/fiscal year.
Awarded activities in FY 07 approximately 350 awards, and FY 08 approximately 100 awards, enable over 450 tribal governments and intertribal consortia to continue to develop and expand their environmental management programs. EPA has implemented a new work plan reporting system to assist in tracking progress and accomplishments. In FY 08, GAP funding was available to allow up to 90 percent of the 572 eligible Tribes and Intertribal Consortia to continue the work initiated in FY 07 and prior years.
Regulations, Guidelines and Literature
Public Law 102-497, Section 11, 42 U.S.C.4368(b), 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
Regional or Local Office
Applicants are encouraged to communicate with their Regional Indian Program Coordinator listed in Appendix IV of the Catalog.
Rodges Ankrah, American Indian Environmental Office (4104 M) Environmental Protection Agency, Ariel Rios Building, 1200 Pennsylvania Ave., N.W., Washington, DC 20460. Telephone: (202) 564-0280; Fax: (202) 564-0298; E-mail: firstname.lastname@example.org.
Web Site Address
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; and establishment of a program to address underground storage tanks, SARA Title III, and radon.
Criteria for Selecting Proposals
The evaluation and selection criteria for competitive awards under this CFDA description will be described in the competitive announcement. 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; and the Final Guidelines on the Award and Management of General Assistance Agreements for Indian Tribes. 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.