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and Cooperative Agreements - Section 104(b)(3) of the Clean Water Act; 66.454 Water Quality Management Planning; 66.460 Nonpoint Source Implementation Grants

EXAMPLES OF FUNDED PROJECTS:

Fiscal Year 2008: Grants and cooperative agreements awarded to States, local governments, and nonprofit organizations for contaminated sediment assessment and remediation, pollution prevention and reduction, ecological (habitat) protection and restoration, invasive species, indicator development, strategic and emerging issues, assessment pursuant to the Lake Michigan Mass Balance Study, contaminant monitoring of Lake and tributary waters and biota, and information management projects. Individual project summaries are available from http://www.epa.gov/glnpo/fund/. Fiscal Year 2009: No Current Data Available Fiscal Year 2010: No Current Data Available 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 EPA according to technical merit and relevance to the Great Lakes Water Quality Agreement, Section 118 of the Clean Water Act, and the criteria established in the applicable request for proposals.

66.471 STATE GRANTS TO REIMBURSE OPERATORS OF SMALL WATER SYSTEMS FOR TRAINING AND CERTIFICATION COSTS (Operator Certification Expense Reimbursement Grants)

FEDERAL AGENCY:

Office of Water, Environmental Protection Agency
AUTHORIZATION:

Safe Drinking Water Act (SDWA) Amendments of 1996, Section 301, Public
Law 104-182.

OBJECTIVES:

This grant program was established as a one-time grant to states and U.S. territories to train and certify small drinking water system operators. Funding Priority - Fiscal Year 2009: EPA's funding priority has been to provide funds to states to reimburse the costs of training, including an appropriate per diem for unsalaried operators, and certification for persons operating community and nontransient noncommunity public water systems serving 3,300 persons or fewer that are required to undergo training pursuant to EPA's operator certification guidelines. All 50 states, Puerto Rico, the Commonwealth of the Northern Mariana Islands, and Guam have received grant funds. TYPES OF ASSISTANCE:

FORMULA GRANTS

USES AND USE RESTRICTIONS:

Grants may be used by states to reimburse operators of community and nontransient noncommunity water systems serving 3,300 persons or fewer for the costs of training and certification needed to meet EPA guidelines. Unsalaried operators may also be reimbursed for per diem costs. States are allowed to use a portion of their grant to administer the program. If a state has reimbursed all such costs, the state may, after notice to the Administrator of EPA, use any remaining funds from the grant for any of the other purposes authorized for Drinking Water State Revolving Fund (DWSRF) capitalization grants under section 1452 of the 1996 SDWA Amendments (CFDA 66.468). Applicant Eligibility:

States, Puerto Rico, and U.S. Territories are eligible to receive grants.
Beneficiary Eligibility:

States and U.S. Territories are the primary beneficiaries. States and U.S. Territories use funds awarded to them to provide reimbursement to operators of community and nontransient noncommunity public water systems serving 3,300 persons or fewer that are publicly- or privately-owned. Indian tribes and Alaska Native Villages may be eligible to receive funding through state programs if they are subject to state operator certification program requirements. Credentials/Documentation:

To receive a grant, a State or territory enters into an agreement with the EPA Regional Administrator which shall include, but not be limited to, the requirements set forth in Section 1419(d) of the 1996 SDWA Amendments. OMB Circular No. A-87, "Cost Principles Applicable to Grants and Contracts

with State and Local Governments" applies to state grantees. OMB Circular No. A-87 applies to this program.

Preapplication Coordination:

An applicant (State and U.S. territory) should seek preapplication assistance from the appropriate EPA Regional Office as listed in Appendix IV of the Catalog. An environmental impact statement is not required prior to grant award. Environmental impact information is not required for this program. This program is eligible for coverage under E.O. 12372, "Intergovernmental Review of Federal Programs." An applicant should consult the office or official designated as the single point of contact in his or her State for more information on the process the State requires to be followed in applying for assistance, if the State has selected the program for review.

Application Procedures:

OMB Circular No. A-102 applies to this program. This program is excluded from coverage under OMB Circular No. A-110. The standard application for EPA non-construction grant assistance (EPA Form SF-424) is submitted to the appropriate Regional Office. The state must receive EPA approval of its operator certification program before it can apply for and receive a grant. The state must provide the assurance in its application that it will comply with all applicable Federal cross-cutting authorities and Federal statutes. EPA grant regulations (40 CFR Part 31) apply to states receiving grants. Applicants may be able to use http://www.grants.gov to electronically apply for certain grant opportunities under this CFDA.

Award Procedure:

A grant application is reviewed by the appropriate Regional Office, and if approved, the grant is awarded by the Regional Administrator under a delegation of authority (Delegation of Authority 9-68) from the Administrator of EPA. EPA Headquarters retains the authority to review certain applications or parts thereof. Deadlines:

Contact the headquarters or regional office, as appropriate, for application deadlines.

Range of Approval/Disapproval Time:

Approval time averages 45 days.

Appeals:

Disputes will be resolved under 40 CFR 30.63 or 40 CFR 31.70, as applicable. Renewals:

Not Applicable.

Formula and Matching Requirements:

Statutory Formula: Title 66 FR 19939.

Matching Requirements: The Regional Administrator may award expense reimbursement grants from funds appropriated for this purpose. Allotments to the States and U.S. territories are based on a formula, approved by the Assistant Administrator for Water, that allocates the funds based on several factors, including the number of operators of small systems within a State. The allocation methodology was published in the Federal Register on April 18, 2001 (66 FR 19939). There are no matching requirements on the initial grant award. However, if a state reimburses all eligible costs and chooses to use the remaining funds for purposes eligible under the DWSRF program (CFDA 66.468), it will be required to provide a 20 percent match on the remaining amount. The allotment of funds to the States is determined by a formula that reflects the costs to train and certify operators of system serving 3,300 persons or fewer in each state.

This program does not have MOE requirements.
Length and Time Phasing of Assistance:

During the two year reimbursement period, 54 awards were made to states for reimbursement of certification and training cost for drinking water operators of small water systems serving populations of 3,300 or less. 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.

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 40 CFR Part 31,

as applicable. 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:

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:

Financial records and other records which substantiate the reasonable and allocable charges must be 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 reports. If questions arise, related records must be retained until the matter is completely resolved.

Account Identification:

68-0103-0-1-304.

Obligations:

(Formula Grants) FY 08 $0; FY 09 est $0; FY 10 est $0

Range and Average of Financial Assistance:

$14,420 to $9,642,860; avg. $4,828,640.

PROGRAM ACCOMPLISHMENTS:

Fiscal Year 2008: All states, Puerto Rico, the Commonwealth of the Northern Mariana Islands, and Guam have received grant funds for this program to date. In FY 08, awarded funds were used to reimburse operators of community and non-transient non-community water systems serving 3,300 persons or fewer for the costs of certification (initial certification fees, certification renewal fees, exam fees) and training (training course fees and materials). Fiscal Year 2009: In FY 09, awarded funds were used to reimburse operators for certification and training costs. Fiscal Year 2010: No Current Data Available REGULATIONS, GUIDELINES, AND LITERATURE:

Applicants for assistance should review 40 CFR Part 31, the General Grant Regulations and Procedures and guidance produced by the Headquarters drinking water program office.

Regional or Local Office:

See Regional Agency Offices. See EPA Regional Offices listed in Appendix IV of the Catalog, or online.

Headquarters Office:

Meghan Klasic Protection Branch (4606M), Drinking Water Protection Division

Office of Groundwater and Drinking Water

U.S. Environmental Protection Agency, Washington, District of Columbia 20460 Email: klasic.meghan@epa.gov Phone: (202) 564-8221 Website Address:

http://www.epa.gov/safewater/opcert/opcert.htm

RELATED PROGRAMS:

66.468 Capitalization Grants for Drinking Water State Revolving Funds EXAMPLES OF FUNDED PROJECTS:

Fiscal Year 2008: All States, Puerto Rico, the Commonwealth of the Northern Mariana Islands, and Guam have received grant funds for this program. Funds for this grants program are used to reimburse operators of community and nontransient noncommunity water systems serving 3,300 persons or fewer for the costs of training and certification. Examples of eligible reimbursement costs include: initial certification fees, certification renewal fees, examination fees, costs of training courses, and mileage reimbursements. Fiscal Year 2009: No Current Data Available Fiscal Year 2010: No Current Data Available

CRITERIA FOR SELECTING PROPOSALS:

Grants are awarded to States that satisfy the requirements outlined in the application procedure section.

66.472 BEACH MONITORING AND NOTIFICATION PROGRAM IMPLEMENTATION GRANTS

FEDERAL AGENCY:

Office of Water, Environmental Protection Agency
AUTHORIZATION:

Clean Water Act, Section 406; Beaches Environmental Assessment and Coastal
Health Act of 2000, Public Law 106-284.

OBJECTIVES:

To assist Coastal and Great Lakes States and Tribes eligible under Section 518(e) of the Clean Water Act, as amended, in developing and implementing programs for monitoring and notification for coastal recreation waters adjacent to beaches or similar points of access that are used by the public. Funding Priority - Fiscal Year 2009: EPA's funding priority is to award grants to those applicants whose proposals clearly demonstrate a State's, Tribe's, or local government's ability to monitor recreational waters; notify the public of risks; manage programs; and communicate among environmental and public health agencies and the public.

TYPES OF ASSISTANCE:

FORMULA GRANTS

USES AND USE RESTRICTIONS:

These grants are intended to support the development and implementation of recreational water monitoring and notification programs or support enhancement of an existing program. EPA encourages grantees to use implementation grant funds to test various approaches for meeting BEACH Act program requirements. For development grants, programs must clearly demonstrate an increase in a State's, Tribe's, or local government's ability to monitor recreational waters and notify the public of risks; manage programs; and communicate among environmental and public health agencies and the public. To be eligible for implementation grants, programs must also demonstrate that they meet the program performance criteria listed in the National Beach Guidance and Required Performance Criteria for Grants (EPA-823-B-02-004. 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.

Applicant Eligibility:

Coastal and Great Lakes States, territories (Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands), and Tribes eligible under Section 518(e) of the Clean Water Act, as amended. The Administrator may make a grant to a local government under this subsection for implementation of a monitoring and notification program only if, after the one-year period beginning on the date of publication of performance criteria under Section 406 (a)(1), the Administrator determines that the State is not implementing a program that meets the requirements of Section 406(a)(1), regardless of whether the State has received a grant under Section 406(a)(1). Interstate agencies and intertribal consortia are not eligible for Beach grants. Beneficiary Eligibility:

States, U.S. territories, Federally recognized Indian Tribal Governments, environmental and public health agencies, and local governments involved in implementing monitoring and notification programs.

Credentials/Documentation:

OMB Circular No. A-87 applies to this program.
Preapplication Coordination:

Preapplication coordination with the appropriate EPA Regional Office is encouraged. The standard application forms, as furnished by the Federal agency and required by OMB Circular No. A-102, must be used for this program. Environmental impact information is not required for this program. This program is eligible for coverage under E.O. 12372, "Intergovernmental Review of Federal Programs." An applicant should consult the office or official designated as the single point of contact in his or her State for more information

on the process the State requires to be followed in applying for assistance, if the State has selected the program for review.

Application Procedures:

OMB Circular No. A-102 applies to this program. This program is excluded from coverage under OMB Circular No. A-110. Requests for application forms should be made to the appropriate EPA Regional Grants Management Office identified in Appendix IV of the Catalog. Completed applications should be sent to the appropriate Regional or Headquarters Contact. All proposals or work statements should be developed in response to the criteria identified in CRITERIA FOR SELECTING PROPOSALS. Applicants may be able to use http://www.grants.gov to electronically apply for certain grant opportunities under this CFDA.

Award Procedure:

Grant applications are reviewed by the appropriate EPA Regional Office, and if approved, are awarded by the Regional Administrator.

Deadlines:

Contact the headquarters or regional office, as appropriate, for application deadlines.

Range of Approval/Disapproval Time:

Grants are usually approved within five months of receipt of complete application.

Appeals:

Disputes will be resolved under 40 CFR 30.63 or 40 CFR 31.70, as applicable.
Renewals:

Renewals are subject to approval by the appropriate EPA Regional or
Headquarters Contact. Please contact the appropriate EPA Regional or
Headquarters Contact for guidance.

Formula and Matching Requirements:

Statutory Formula: Title Beaches Environmental Assessment and Coastal Health Act of 2000. EPA awards grants to all eligible States and territories who apply for funding based on an allocation formula that the Agency developed for allocating BEACH Act grant funds in 2002. The allocation formula uses three factors: (1) beach season length, (2) beach miles, and (3) beach use. This program has no matching requirements.

This program has no matching requirements.
This program does not have MOE requirements.

Length and Time Phasing of Assistance:

Beach grants are normally funded on a 12-month basis (yearly). However, EPA may negotiate the project period, grant continuations, and grant amendments with each applicant based on project requirements. 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.

Reports:

Recipients must submit annual performance reports and financial reports as required in 40 CFR 31.40 and 31.41. The annual performance report explains changes to the beach monitoring and notification program during the grant year. It also describes how the grant funds were used to implement the program to meet the performance criteria listed in National Beach Guidance and Required Performance Criteria for Grants (EPA 823B02004). The annual performance report required under 40 CFR 31.40 is due no later than 90 days after the grant year ends. Recipients must also submit annual monitoring and notification reports required by the National Beach Guidance and Required Performance Criteria for Grants (EPA 823B02004). Sections 2.2.3 and 4.3 of the document contain the performance criterion requiring an annual monitoring report, and sections 2.2.8 and 5.4 contain the performance criterion requiring an annual notification report. This document can be found at http://www.epa.gov/ waterscience/beaches/grants/. These reports, required to be submitted to EPA under CWA section 406(b)(3)(A) and the National Beach Guidance and Required Performance Criteria for Grants, include data collected as part of a monitoring and notification program. As a condition of award of an implementation grant, EPA requires that the monitoring report and the notification report for any beach season be submitted not later than January 31 of the year following the beach season. 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:

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:

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 3 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. Account Identification:

68-0103-0-1-304.

Obligations:

(Formula Grants) FY 08 $10,642,200; FY 09 est $9,900,000; FY 10 est $9,900,000

Range and Average of Financial Assistance:

States and territories: $150,000 to $528,000/fiscal year; $280,000/fiscal year. In FY 09, EPA made $100,000 available to eligible Tribes. In FY 09, there are two eligible Tribes.

PROGRAM ACCOMPLISHMENTS:

Fiscal Year 2008: In FY 08, EPA awarded grants to all 35 coastal and Great Lakes States and territories and two eligible Tribes that qualified for the BEACH Act Grant program. Program benefits from funding in FY 08 include: development and implementation of recreational water quality monitoring protocol (sampling design, indicator organism); decreasing swimmer exposure by improving communication outreach and education to public on swimming advisories; establishing more efficient and timely management decision process for posting swimming advisories; and constructing databases to provide government and public access to data and information. Fiscal Year 2009: In FY 09, grants will continue to support the development and implementation of recreational water quality monitoring and notification programs or support enhancement of an existing program. Fiscal Year 2010: No Current Data Available

REGULATIONS, GUIDELINES, AND LITERATURE:

EPA Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments (40 CFR Part 31).
Regional or Local Office:

See Regional Agency Offices. Region I (Connecticut, Maine, Massachusetts,
New Hampshire, Rhode Island) Matt Liebman, USEPA Region 1, One
Congress St. Ste. 1110 CWQ, Boston, MA 02114-2023; Telephone: (617)
918-1626; FAX: (617) 918-1505; e-mail: liebman.matt@epa.gov

Region II (New Jersey, New York, Puerto Rico, U.S. Virgin Islands) Helen Grebe, USEPA Region 2, 2890 Woodbridge Ave. MS220, Edison, NJ 08837-3679; Telephone: (732) 321-6797; FAX: (732) 321-6616; e-mail: grebe.helen@epa.gov

Region III (Delaware, Maryland, Pennsylvania, Virginia) Denise Hakowski, USEPA Region 3, 1650 Arch Street 3WP30, Philadelphia, PA 19103-2029; Telephone: (215) 814-5726; FAX: (215) 814-2318; e-mail: hakowski.denise@epa.gov

Region IV (Alabama, Florida, Georgia, Mississippi, North Carolina, South Carolina) Joel Hansel, USEPA Region 4, 61 Forsyth St. 15th Floor, Atlanta,

GA 30303-3415; Telephone: (404) 562-9274; FAX: (404) 562-9224; e-mail: hansel.joel@epa.gov

Region V (Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin);Holly Wirick, USEPA Region 5, 77 West Jackson Blvd. WT-16J, Chicago, IL 60604-3507; Telephone: (312) 353-6704; FAX: (312) 886-0168; e-mail:

wirick.holiday@epa.gov

Region VI (Louisiana, Texas) Mike Schaub, USEPA Region 6, 1445 Ross Ave. 6WQ-EW, Dallas, TX 75202-2733; Telephone: (214) 665-7314; FAX: (214) 665-6689; e-mail:schaub.mike@epa.gov

Region IX (American Samoa, Commonwealth of the Northern Mariana Islands, California, Guam, Hawaii) Terry Fleming, USEPA Region 9, 75 Hawthorne St. WTR-2, San Francisco, CA 94105; Telephone: (415) 744-1939; FAX: (415) 744-1078; e-mail: fleming.terrence@epa.gov

Region X (Alaska, Oregon, Washington) Rob Pedersen, USEPA Region 10,
120 Sixth Ave. OW-134, Seattle, WA 98101; Telephone: (206) 553-1646;
FAX: (206) 553-0165; e-mail: pedersen.rob@epa.gov.
Headquarters Office:

Richard Healy USEPA

1200 Pennsylvania Ave. NW, (4305T), Washington, District of Columbia 20460 Email: healy.richard@epa.gov Phone: (202) 566-0405 Website Address:

http://www.epa.gov/waterscience/beaches

RELATED PROGRAMS:

Not Applicable.

EXAMPLES OF FUNDED PROJECTS:

Fiscal Year 2008: Development and implementation of beach monitoring programs; development of databases and websites; purchase of lab equipment for water quality monitoring; construction and posting of signs on beaches; and purchase of vehicles for monitoring. Fiscal Year 2009: No Current Data Available Fiscal Year 2010: No Current Data Available

CRITERIA FOR SELECTING PROPOSALS:

To be eligible for program implementation grants, applicants must meet program performance criteria outlined in National Beach Guidance and Required Performance Criteria for Grants (EPA-823-B-02-004). The performance criteria set forth implementation grant requirements for monitoring and assessing recreation waters and promptly notifying the public of exceedances of water quality for pathogens. As a condition of receipt of a program Implementation Grant under Section 406(b) of the Clean Water Act, a State or local government program for monitoring and notification under this section shall identify: (1) lists of coastal recreation waters in the State, including coastal recreation waters adjacent to beaches or similar points of access that are used by the public; (2) in the case of a State program for monitoring and notification, the process by which the State may delegate to local governments responsibility for implementing the monitoring and notification program; (3) the frequency and location of monitoring and assessment of coastal recreation waters based on: (a) the periods of recreational use of the waters; (b) the nature and extent of use during certain periods; (c) the proximity of the waters to known point sources and nonpoint sources of pollution; and (d) any effect of storm events on the waters; (4)(a) the methods to be used for detecting levels of pathogens and pathogen indicators that are harmful to human health; and (b) the assessment procedures for identifying short-term increases in pathogens and pathogen indicators that are harmful to human health in coastal recreation waters (including increases in relation to storm events); (5) measures for prompt communication of the occurrence, nature, location, pollutants involved, and extent of any exceeding of, or likelihood of exceeding, applicable water quality standards for pathogens and pathogen indicators to: (a) the Administrator, in such form as the Administrator determines to be appropriate; and (b) a designated official of a local government having jurisdiction over land adjoining the coastal recreation waters for which the failure to meet applicable standards is identified; (6) measures for the posting of signs at beaches or similar points of access, or functionally equivalent communication measures that are sufficient to give

notice to the public that the coastal recreation waters are not meeting or are not expected to meet applicable water quality standards for pathogens and pathogen indicators; and (7) measures that inform the public of the potential risks associated with water contact activities in the coastal recreation waters that do not meet applicable water quality standards.

66.473 DIRECT IMPLEMENTATION TRIBAL COOPERATIVE

AGREEMENTS

(DITCA)

FEDERAL AGENCY:

Office of Water, Environmental Protection Agency
AUTHORIZATION:

Consolidated Appropriations Act, 2006, Public Law 109-54.
OBJECTIVES:

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 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 the 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 2009: 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:

PROJECT GRANTS

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 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. Applicant Eligibility:

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). 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.

Beneficiary Eligibility:

Federally Recognized Indian Tribal Government and intertribal consortia consistent with applicable provisions.

Credentials/Documentation:

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 Federal Register 1440 (2005). OMB Circular No. A-87 applies to this program. Preapplication Coordination:

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. 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:

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:

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. 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.

Deadlines:

Contact the headquarters or regional office, as appropriate, for application deadlines.

Range of Approval/Disapproval Time:

Applications are generally approved and cooperative agreements awarded within 60 to 120 days.

Appeals:

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:

Not Applicable.

Formula and Matching Requirements:

This program has no statutory formula.

This program has no matching requirements.
This program does not have MOE requirements.

Length and Time Phasing of Assistance:

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. Reports:

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:

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:

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.

Account Identification:

68-0108-0-1-304.

Obligations:

(Project Grants) FY 08 $803,500; FY 09 est $700,000; FY 10 est $750,000 Range and Average of Financial Assistance:

EPA expects cooperative agreement amounts to range between $10,000 and $100,000/fiscal year; $55,000/fiscal year. PROGRAM ACCOMPLISHMENTS:

Fiscal Year 2008: Each EPA Regional Office works with their tribal partners to

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