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Direct Implementation Tribal Cooperative Agreements

DITCA
Number: 66.473
Agency: Environmental Protection Agency
Office: Office of International and Tribal Affairs

Program Information 

Program Number/Title (010):
66.473 Direct Implementation Tribal Cooperative Agreements
Federal Agency (030):
Office of International and Tribal Affairs, Environmental Protection Agency
Authorization (040):
Department of Defense, Military Construction and Veterans Affairs, and Full-Year Continuing Appropriations Act, 2013, Public Law 113-6.
Objectives (050):
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 2013: 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 for environmental programs that meet either one of the following criteria: 1) federal programs under environmental laws that clearly require EPA to directly implement in the Tribal context; or 2) federal programs under environmental laws that in the state context EPA is required to directly implement in the absence of an acceptable state 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.
Types of Assistance (060):
PROJECT GRANTS
Uses and Use Restrictions (070):
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 for environmental programs that meet either one of the following criteria: 1) federal programs under environmental laws that clearly require EPA to directly implement in the Tribal context; or 2) federal programs under environmental laws that in the state context EPA is required to directly implement in the absence of an acceptable state 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: http://geodata.epa.gov.

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.
Eligibility Requirements (080)
Applicant Eligibility (081):
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 (082):
Federally Recognized Indian Tribal Government and intertribal consortia consistent with applicable provisions.
Credentials/Documentation (083):
The provisions of OMB Circular No. A-87 "Cost Principles for State, Local and Indian Tribal Governments" 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). OMB Circular No. A-87 applies to this program.
Application and Award Process (090)
Preapplication Coordination (091):
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 (092):
OMB Circular No. A-102 applies to this program. This program is excluded from coverage under OMB Circular No. A-110. 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 may be able to use http://www.grants.gov to electronically apply for certain grant opportunities under this CFDA.
Award Procedure (093):
EPA will review each application to determine the adequacy of the application in relation to EPA's grant regulations (40 CFR Part 31) 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 (094):
Contact the headquarters or regional office, as appropriate, for application deadlines.
Range of Approval/Disapproval Time (095):
Applications are generally approved and cooperative agreements awarded within 60 to 120 days.
Appeals (096):
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.
Renewals (097):
Not Applicable.
Assistance Consideration (100)
Formula and Matching Requirements (101):
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 (102):
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 (110)
Reports (111):
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 Grant Regulations at 40 CFR Part 30 and 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 (112):
In accordance with the provisions of OMB Circular No. A-133 (Revised, June 27, 2003), "Audits of States, Local Governments, and Non-Profit Organizations," nonfederal entities that expend financial assistance of $500,000 or more in Federal awards will have a single or a program-specific audit conducted for that year. Nonfederal 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 Circular No. A-133. 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 (113):
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 (120)
Obligations (122):
(Project Grants) FY 12 $1,900,000; FY 13 est $1,800,000; and FY 14 est $1,800,000
Range and Average of Financial Assistance (123):
EPA expects cooperative agreement amounts to range between $10,000 and $100,000/fiscal year; Average: $55,000/fiscal year.
Program Accomplishments (130):
Fiscal Year 2013: No Current Data Available Fiscal Year 2014: No Current Data Available Fiscal Year 2015: No Current Data Available
Regulations, Guidelines, and Literature (140):
EPA Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (40 CFR part 31); Environmental Protection Agency and applicable EPA guidance. DITCA guidance is available at http://www.epa.gov/tribal/grantsandfunding/ditcas.htm.
Information Contacts (150)
Regional or Local Office (151) :
See Regional Agency Offices. EPA's Regional Indian Coordinators at http://www.epa.gov/indian/contactinfo/regcontacts.htm.
Headquarters Office (152):
Jeff Besougloff, American Indian Environmental Office (2690M), EPA, 1200 Pennsylvania Ave., NW, Washington, District of Columbia 20460 Email: besougloff.jeff@epa.gov Phone: (202) 564-0292.
Website Address (153):
http://www.epa.gov/indian/index.htm
Examples of Funded Projects (170):
Fiscal Year 2013: No Current Data Available Fiscal Year 2014: No Current Data Available Fiscal Year 2015: No Current Data Available
Criteria for Selecting Proposals (180):
Cooperative agreements may be awarded to Tribes which submit applications consistent with EPA regulations and guidance. Potential applicants should work with Regional contacts listed as "Information Contacts" identified in 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.