66.473: Direct Implementation Tribal Cooperative Agreements

66.473

Active

Environmental Protection Agency (EPA)

Sept. 21, 2022

Sept. 21, 2022

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. Funding Priorities - Fiscal Year 2020/2021: Under Goal 2 of the FY18-22 EPA Strategic Plan, 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 Agency’s 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.

B - Cooperative Agreements (Discretionary Grants)

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.

https://sam.gov/fal/bf151213611a4ef6a27cb3bc90a46863/view