66.926: Indian Environmental General Assistance Program (GAP)

66.926

Active

Environmental Protection Agency (EPA)

Sept. 21, 2022

Sept. 21, 2022

EPA provides Indian Environmental General Assistance Program (GAP) financial and technical assistance to tribal governments and intertribal consortia to assist tribes in planning, developing, and establishing the capacity to implement federal environmental programs administered by the EPA and to assist in implementation of tribal solid and hazardous waste programs in accordance with applicable provisions of law, including the Solid Waste Disposal Act (commonly known as the Resource Conservation and Recovery Act, or RCRA). See the Indian Environmental General Assistance Program Act of 1992 (42 U.S.C. §4368b). EPA administers this program in accordance with the statute, applicable federal regulations, including 40 CFR part 35, subpart B (Environmental Program Grants for Tribes), and national guidance, including the 2013 Guidance on the Award and Management of General Assistance Agreements for Tribes and Intertribal Consortia (referred to as GAP Guidance). EPA’s GAP Guidance provides a consistent national framework for building tribal environmental program capacity under GAP and is designed to improve the management of GAP resources. EPA will apply the following Guiding Principles in awarding GAP grants and cooperative agreements to tribes and intertribal consortia: 1. Ensure tribal governments have the opportunity to build the capacity to: a. Implement federal environmental programs through EPA delegations, authorizations, and primacy designations; and b. Meaningfully participate and engage in environmental protection activities that inform, support, or enhance direct implementation under federal environmental statutes administered by EPA. 2. Promote tribal self-governance by working closely with tribes to: a. Accomplish tribal environmental program goals in EPA-Tribal Environmental Plans that reflect federal environmental program areas of need to protect human health and the environment; b. Support tribes’ development of strong core environmental program capacities for media-specific programs administered by EPA; and c. Foster tribes’ capacity to assume the authority to implement programs administered by EPA (e.g., Treatment as a State status or through Direct Implementation Tribal Cooperative Agreements). 3. Promote intergovernmental collaboration and partnership among EPA, tribes, states, and other partners, and focus EPA financial and technical assistance to protect human health and the environment. 4. Support implementation of established solid and hazardous waste regulatory programs in accordance with the purposes and requirements of applicable provisions of law, including the Solid Waste Disposal Act (commonly known as the Resource Conservation and Recovery Act). 5. Maintain strong national program management practices to produce compelling results that align with EPA’s statutory authorities. Funding Priorities - Fiscal Year 2021: EPA will continue to apply the following Guiding Principles in awarding GAP grants and cooperative agreements to tribes and intertribal consortia: 1. Ensure tribal governments have the opportunity to build the capacity to: a. Implement federal environmental programs through EPA delegations, authorizations, and primacy designations; and b. Meaningfully participate and engage in environmental protection activities that inform, support, or enhance direct implementation under federal environmental statutes administered by EPA. 2. Promote tribal self-governance by working closely with tribes to: a. Accomplish tribal environmental program goals in EPA-Tribal Environmental Plans that reflect federal environmental program areas of need to protect human health and the environment; b. Support tribes’ development of strong core environmental program capacities for media-specific programs administered by EPA; and c. Foster tribes’ capacity to assume the authority to implement programs administered by EPA (e.g., Treatment as a State status or through Direct Implementation Tribal Cooperative Agreements). 3. Promote intergovernmental collaboration and cooperative federalism among EPA, tribes, states, and other partners, and focus EPA financial and technical assistance to protect human health and the environment. 4. Support implementation of established solid and hazardous waste regulatory programs in accordance with the purposes and requirements of applicable provisions of law, including the Solid Waste Disposal Act (commonly known as the Resource Conservation and Recovery Act). 5. Maintain strong national program management practices to produce compelling results that align with EPA’s statutory authorities. (Also review Indian Environmental General Assistance Program Guiding Principles found at: https://www.epa.gov/tribal/indian-environmental-general-assistance-program-guiding-principles).

B - Project Grants (Discretionary)

Indian tribal governments (tribes) and intertribal consortia are eligible to receive funds under this program. These terms are defined in 40 CFR 35.502 as follows: An Indian tribal government (tribe), except as otherwise defined in statute or applicable program specific regulation, is any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village, which is recognized as eligible by the U.S. Department of the Interior for the special services provided by the United States to Indians because of their status as Indians. An intertribal consortium is a partnership between two or more tribes authorized by the governing bodies of those tribes to apply for and receive assistance under GAP. Under EPA’s tribal grant regulations (40 CFR 35.504), an intertribal consortium is eligible to receive GAP financial assistance when the consortium can adequately document compliance with the following requirements: 1. A majority of its members are eligible to receive GAP grants; 2. All member tribes that meet GAP eligibility requirements authorize the consortium to apply for and receive the award; and 3. Adequate accounting controls are in place to ensure that only members that meet the eligibility requirements will benefit directly from the award and the consortium agrees to an award condition to that effect. This means that a consortium may receive a GAP grant even if the consortium includes members that are not federally recognized tribes, so long as the consortium meets the three regulatory requirements specified above. Authorization of the consortia to apply for and receive the GAP award is required from all GAP-eligible member tribes. For purposes of determining intertribal consortia eligibility, a “GAP-eligible tribe” is any tribe that meets the definition of Indian tribal government (tribe) in 40 CFR 35.502. With each new or supplemental GAP grant application, an intertribal consortium must provide EPA with “adequate documentation” of: (1) the existence of the partnership between eligible tribal governments; and (2) authorization by all GAP-eligible member tribes for the consortium to apply for and receive the new or supplemental GAP grant. This documentation ensures clear communication between consortia and member tribes so that EPA is able to appropriately consider individual tribal needs and priorities when awarding GAP funds to intertribal consortia. As an example, tribal authorization may be provided by a tribal council resolution or other written certification from a duly authorized representative of each GAP-eligible member tribe. Applications that do not contain adequate documentation from all GAP-eligible tribes are incomplete. In accordance with Guiding Principle #2, EPA will award GAP funds to help tribes accomplish their tribal environmental program development goals as outlined in their EPA-Tribal Environmental Plan (ETEP). To further this principle, intertribal consortia are advised to describe how their grant proposals support the program development goals outlined in the ETEPs developed by their GAP-eligible member tribes.

Not Applicable

https://sam.gov/fal/8b2c42166b904dd48d7f945763e9dccc/view