Direct Implementation Tribal Cooperative Agreements
Published on AidPage by IDILOGIC
on Jun 24, 2005
Purpose of this program:
Direct Implementation Tribal Cooperative Agreements provide financial assistance to allow Tribes and Intertribal Consortia to help the Environmental Protection Agency (EPA) implement Federal environmental programs for Indian Tribes, notwithstanding the Federal Grant and Cooperative Agreement Act. Funding Priority: The program promotes Tribal involvement in EPA direct implementation of Federal environmental programs for Tribes depending upon each Tribe's interest and ability. It will help Tribes build the capacity to carry out EPA-approved Tribal programs in the future if they wish to do so. EPA retains final decision-making authority and ultimate responsibility for the environmental programs including all regulatory activities.
Possible 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 implementing Federal environmental programs for Indian Tribes required or authorized by law.
Who is eligible to apply...
Tribes and Intertribal Consortia are eligible. An Intertribal Consortium is eligible to receive cooperative agreements under this authority only if the Consortium demonstrates that all members of the Consortium are Federally recognized and authorize the Consortium to apply for and receive a cooperative agreement on their behalf. (See Guidelines for Direct Implementation Tribal Cooperative Agreements (DITCAs) for fiscal year 2002.)
Note:This is a brief description of the credentials or documentation required prior to, or along with, an application for assistance.
About this section:
This section indicates who can apply to the Federal government for assistance and the criteria the potential applicant must satisfy.
For example, individuals may be eligible for research grants, and the criteria to be satisfied may be that they have a professional or scientific degree,
3 years of research experience, and be a citizen of the United States. Universities, medical schools, hospitals, or State and local governments may also be eligible.
Where State governments are eligible, the type of State agency will be indicated (State welfare agency or State agency on aging) and the criteria that they
Certain federal programs (e.g., the Pell Grant program which provides grants to students) involve intermediate levels of application processing, i.e., applications
are transmitted through colleges or universities that are neither the direct applicant nor the ultimate beneficiary. For these programs,
the criteria that the intermediaries must satisfy are also indicated, along with intermediaries who are not eligible.
How to apply...
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.
Note: Each program will indicate whether applications are to be submitted to the Federal headquarters, regional or local office, or to a State or local government office.
EPA will review each application to determine the adequacy of the application in relation to EPA's grant regulations (40 CFR Part 31), 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. For competitive awards, EPA will review applications, proposals or submissions in accordance with the terms, conditions and criteria in the solicitation or announcement of the competitive funding opportunity. Competitions will be conducted in accordance with EPA policy for competing assistance agreements.
Note: Grant payments may be made by a letter of credit, advance by Treasury check, or reimbursement by Treasury check.
Awards may be made by the headquarters office directly to the applicant, an agency field office, a regional office,
or by an authorized county office. The assistance may pass through the initial applicant for further distribution by
intermediate level applicants to groups or individuals in the private sector.
Deadlines and process...
There is no application deadline; however, EPA may award DITCAs only until September 30, 2004. The project period may extend beyond that date, but all funds must be awarded to the recipient by September 30, 2004.
When available, this section indicates the deadlines for applications to the funding agency which will
be stated in terms of the date(s) or between what dates the application should be received.
When not available, applicants should contact the funding agency for deadline information.
Range of Approval/Disapproval Time
Applications are generally approved and cooperative agreements awarded within 60 to 120 days.
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. This program is excluded from coverage under E.O. 12372.
This section indicates whether any prior coordination or approval is required with governmental or nongovernmental units
prior to the submission of a formal application to the federal funding agency.
As described in 40 CFR Part 31, subpart L.
In some cases, there are no provisions for appeal. Where applicable, this section discusses appeal procedures or allowable rework time for resubmission
of applications to be processed by the funding agency. Appeal procedures vary with individual programs and are either listed in this section or
applicants are referred to appeal procedures documented in the relevant Code of Federal Regulations (CFR).
In some instances, renewal procedures may be the same as for the application procedure, e.g., for projects of a non-continuing nature renewals will be treated as new, competing applications; for projects of an ongoing nature, renewals may be given annually.
Who can benefit...
Federally recognized Indian Tribes and individuals.
About this section:
This section lists the ultimate beneficiaries of a program, the criteria they must satisfy and who specifically is not eligible. The applicant and beneficiary will generally be the same for programs that provide assistance directly from a Federal agency. However, financial assistance that passes through State or local governments will have different applicants and beneficiaries since the assistance is transmitted to private sector beneficiaries who are not obligated to request or apply for the assistance.
What types of assistance...
The funding, for fixed or known periods, of specific projects. Project grants can include fellowships, scholarships, research grants, training grants, traineeships, experimental and demonstration grants, evaluation grants, planning grants, technical assistance grants, survey grants, and construction grants.
How much financial aid...
Range and Average of Financial Assistance
EPA expects cooperative agreement amounts to range between $10,000 and $80,000.
This section lists the representative range (smallest to largest) of the amount of financial assistance available. These figures are based upon funds awarded in the past fiscal year and the current fiscal year to date. Also indicated is an approximate average amount of awards which were made in the past and current fiscal years.
FY 03 $300,000; FY 04 est $685,000; and FY 05 est $685,000.
The dollar amounts listed in this section represent obligations for the past fiscal year (PY), estimates for the current fiscal year (CY), and estimates for the budget fiscal year (BY) as reported by the Federal agencies. Obligations for non-financial assistance programs indicate the administrative expenses involved in the operation of a program.
Note: This 11-digit budget account identification code represents the account which funds a particular program.
This code should be consistent with the code given for the program area as specified in Appendix III of the Budget of the United States Government.
Examples of funded projects...
The Hoopa Valley Tribes multi-media cooperative agreement to assist the EPA in carrying out direct implementation activities (DITCA). The goal is to develop a cooperative agreement that reduces environmental degradation and protects human health and the environment within the exterior boundaries of the Reservation. Other activities that may be included are protocol for interfacing inspections, permit and enforcement actions and training Tribal employees to receive federal credentials to facilitate direct implementation activities.
About this section
This section indicates the different types of projects which have been funded in the past. Only projects funded under Project Grants or Direct Payments for Specified Use should be listed here. The examples give potential applicants an idea of the types of projects that may be accepted for funding. The agency should list at least five examples of the most recently funded projects.
It is anticipated that 100 preapplications will be received and about 25-50 awards will be granted in fiscal year 2004 under this program.
Criteria for selecting proposals...
Cooperative agreements may be awarded to Tribes which submit applications consistent with EPA regulations and guidance.
Length and Time Phasing of Assistance
EPA normally awards cooperative agreements for periods of 12 to 36 months.
Formula and 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. No cost-sharing is required.
A formula may be based on population, per capita income, and other statistical factors. Applicants are informed whether there are any matching requirements to be met when participating in the cost of a project. In general, the matching share represents that portion of the project costs not borne by the Federal government. Attachment F of OMB Circular No. A-102 (Office of Management and Budget) sets forth the criteria and procedures for the evaluation of matching share requirements which may be cash or in-kind contributions made by State and local governments or other agencies, institutions, private organizations, or individuals to satisfy matching requirements of Federal grants or loans.
Cash contributions represent the grantees' cash outlay, including the outlay of money contributed to the grantee by other public agencies, institutions, private organizations, or individuals. When authorized by Federal regulation, Federal funds received from other grants may be considered as the grantees' cash contribution.
In-kind contributions represent the value of noncash contributions provided by the grantee, other public agencies and institutions, private organizations or individuals. In-kind contributions may consist of charges for real property and equipment, and value of goods and services directly benefiting and specifically identifiable to the grant program. When authorized by Federal legislation, property purchased with Federal funds may be considered as grantees' in-kind contribution.
Maintenance of effort (MOE) is a requirement contained in certain legislation, regulations, or administrative policies stating that a grantee must maintain a specified level of financial effort in a specific area in order to receive Federal grant funds, and that the Federal grant funds may be used only to supplement, not supplant, the level of grantee funds.
Post assistance requirements...
EPA and Tribes will negotiate the frequency and content of performance and financial status reports. Performance reports shall be required at least annually, but not more frequently than quarterly (see 40 CFR Part 31.40 and 31.41).
This section indicates whether program reports, expenditure reports, cash reports or performance monitoring are required by the Federal funding agency, and specifies at what time intervals (monthly, annually, etc.) this must be accomplished.
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 $300,000 ($500,000 for fiscal years ending after December 31, 2003) 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 $300,000 ($500,000 for fiscal years ending after December 31, 2003) a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in OMB Circular No. A-133.
This section discusses audits required by the Federal agency.
The procedures and requirements for State and local governments and nonprofit entities are set forth in OMB Circular No. A-133.
These requirements pertain to awards made within the respective State's fiscal year - not the Federal fiscal year,
as some State and local governments may use the calendar year or other variation of time span designated as the fiscal year period,
rather than that commonly known as the Federal fiscal year (from October 1st through September 30th).
Recipients must retain records for at least 3 years after submission of Financial Status Reports (SF-269). Records shall be retained beyond the 3-year period if audit findings have not been resolved.
This section indicates the record retention requirements and the type of records the Federal agency may require.
Not included are the normally imposed requirements of the General Accounting Office.
For programs falling under the purview of OMB Circular No. A-102, record retention is set forth in Attachment C.
For other programs, record retention is governed by the funding agency's requirements.
Environmental Protection Agency Appropriations Act 2002; Public Law 107-73.
This section lists the legal authority upon which a program is based (acts, amendments to acts, Public Law numbers, titles, sections, Statute Codes, citations to the U.S. Code, Executive Orders, Presidential Reorganization Plans, and Memoranda from an agency head).
Regulations, Guidelines, And Literature
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.