Grant programs: Intertribal consortia; policy statement,
[Federal Register: September 29, 1999 (Volume 64, Number 188)]
[Notices]
[Page 52503-52505]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29se99-53]
ENVIRONMENTAL PROTECTION AGENCY
[FRL-6447-3]
Notice of EPA Policy Regarding Certain Grants to Intertribal Consortia
AGENCY: Environmental Protection Agency.
ACTION: Notice of EPA policy regarding certain grants to intertribal consortia.
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SUMMARY: In the absence of clear Congressional intent to the contrary and in accordance with the definition and requirements set forth, EPA interprets its statutory authorities to award grants to Indian tribes to include the authority to award grants to intertribal consortia under the following EPA grant programs for Indian tribes: Pesticides Program Implementation (section 23(a)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act); Pesticides Enforcement (section 23(a)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act); Superfund Cooperative Agreements (section 104(d) of the Comprehensive Environmental Response, Compensation, and Liability Act); Leaking Underground Storage Tanks (Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999); Underground Storage Tank Programs (Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999); and Hazardous Waste Management Programs (Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999.)
EFFECTIVE DATE: The effective date for this policy is September 29, 1999.
FOR FURTHER INFORMATION CONTACT: Charlene Dunn, phone (202) 260-9466, Outreach and Special Projects Staff, Office of Solid Waste and Emergency Response (Mail Code 5101), U.S. Environmental Protection Agency, 401 M Street, SW, Washington, DC, 20460.
SUPPLEMENTARY INFORMATION: For information regarding applicability of this policy to the following EPA grant programs for Indian tribes: Superfund Cooperative Agreements (section 104(d) of the Comprehensive Environmental Response, Compensation, and Liability Act); Leaking Underground Storage Tanks (Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999, Publc Law 105-276, 112 Stat. 2461, 2497-98 (1998)); Underground Storage Tank Programs (Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999, Public Law 105-276, 112 Stat. 2461, 2499 (1998)); and Hazardous Waste Management Programs (Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999, Public Law 105-276, 112 Stat. 2461, 2499 (1998)). Contact Caren Rothstein, phone (202) 260-0065, Office of Program Management Operations, Office of Prevention, Pesticides and Toxic Substances (Mail Code 7101), U.S. Environmental Protection Agency, 401 M Street, SW, Washington, DC, 20460, for information regarding applicability of this policy to the Pesticides Program Implementation grant programs for Indian tribes: (section 23(a)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act). Contact Jack Neylan, phone (202) 564-2385, Enforcement Planning, Targeting and Data Division, Office of Compliance, Office of Enforcement and Compliance Assistance (Mail Code 2222A), U.S. Environmental Protection Agency, 401 M Street, SW, Washington, DC, 20460, for information regarding applicability of this policy to the Pesticides Enforcement grant programs for Indian tribes: (section 23(a)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act).
With this notice, EPA announces its policy regarding the award of financial assistance to intertribal consortia under the following EPA grant programs for Indian tribes: Pesticides Program Implementation (section 23(a)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act); Pesticides Enforcement (section 23(a)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act); Superfund Cooperative Agreements (section 104(d) of the Comprehensive Environmental Response, Compensation, and Liability Act); Leaking Underground Storage Tanks (Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999, Public Law 105-276, 112 Stat. 2461, 2497-98 (1998)); Underground Storage Tank Programs (Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999, Public Law 105-276, 112 Stat. 2461, 2499 (1998)); and Hazardous Waste Management Programs (Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999, Public Law. 105-276, 112 Stat. 2461, 2499 (1998)). This policy is effective immediately for the listed grant programs.
In a recent proposed rulemaking governing the award of environmental program grants to tribes, EPA proposed awarding grants to intertribal consortia under the specific grant programs covered by that proposed rule, which will be promulgated as 40 CFR part 35, subpart B. 64 FR 40084 (July 23, 1999). This Federal Register notice sets forth EPA's policy regarding grants to intertribal consortia for four grant programs (Underground Storage Tank, Pesticides Program Implementation, and Pesticides Enforcement grant programs) that are covered by the proposed rule for 40 CFR part 35, Subpart B, prior to promulgation of that rule. The Agency is implementing this policy at this time because EPA has received applications for assistance from intertribal consortia under these grant programs and EPA believes that entering into assistance agreements with intertribal consortia under these grant programs will further the goal of environmental protection in Indian country. This notice also sets forth EPA's policy regarding grants to intertribal consortia for Leaking Underground Storage Tank grants and Superfund Cooperative Agreements under CERCLA section 104(d), which are not covered by the proposed rule. The policy set forth in this notice is consistent with the treatment of intertribal consortia in the proposed rule.
EPA may change this policy as a result of comments received in response to the proposed rule. When it is promulgated, the final rule for 40 CFR part 35, subpart B will govern grants to intertribal consortia for grant programs covered by that rule. This Federal Register notice will remain effective for the Leaking Underground Storage Tank program and the Superfund Cooperative Agreements program, which will not be covered by 40 CFR part 35, subpart B, unless a subsequent Federal Register notice is issued. However, if EPA changes its treatment of consortia in grant programs covered by that rule, EPA will likely issue a subsequent Federal Register notice on grants to consortia for grant programs not covered by 40 CFR part 35, subpart B so as to treat grants to intertribal consortia consistently in all of the grant programs covered by this notice.
In the absence of clear Congressional intent to the contrary and in accordance with the definition and requirements set forth below, EPA interprets its statutory authorities to award grants to Indian tribes to include the authority to award grants to intertribal consortia. If tribes are eligible for a particular grant, EPA will also treat a group of individually eligible tribes (an intertribal consortium) as eligible for the grant. EPA believes this approach is a practical, reasonable and prudent way to help interested tribes strengthen environmental protection when limited funding is available to support tribal environmental programs. Tribes that form an intertribal consortium may be able to use their limited resources more efficiently and address environmental
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issues more effectively than they could if each tribe developed and maintained separate environmental programs. Moreover, EPA believes that making grants for tribes available to intertribal consortia is consistent with President Clinton's Executive Order 13084, which encourages agencies to adopt ``flexible policy approaches'' and to respect the principle of Indian self-government and sovereignty.
An organization that characterizes itself as an intertribal consortium that does not meet the definition of intertribal consortium or the eligibility requirements in this notice may be eligible for some EPA grant programs, but not as an intertribal consortium. This is because some of EPA's grant programs are available to a broad range of recipients, such as public or non-profit private agencies, institutions, organizations, and individuals. Thus, an intertribal organization that does not meet the definition of intertribal consortium or the requirements of this notice nonetheless may be eligible for a grant as another type of organization, such as a non- profit agency. This notice is not intended to affect the eligibility status of intertribal consortia for grants in their capacity as other types of eligible organizations.
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Policy
The following definition and statement of eligibility requirements for awarding grants to intertribal consortia applies to the following EPA grant programs for tribes: Pesticides Program Implementation (section 23(a)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act); Pesticides Enforcement (section 23(a)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act); Superfund Cooperative Agreements (section 104(d) of the Comprehensive Environmental Response, Compensation, and Liability Act); Leaking Underground Storage Tanks (Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999, Public Law 105-276, 112 Stat. 2461, 2497-98 (1998)); Underground Storage Tank Programs (Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999, Public Law 105-276, 112 Stat. 2461, 2499 (1998)); and Hazardous Waste Management Programs (Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999, Public Law 105-276, 112 Stat. 2461, 2499 (1998)).
Definition: The term intertribal consortium means a partnership between two or more Tribes that is authorized by the governing bodies of those Tribes to apply for and receive assistance under an EPA grant program. An intertribal consortium must have adequate documentation of the existence of the partnership and the authorization to apply for and receive assistance.
Eligibility Requirements for an Intertribal Consortium: An intertribal consortium is eligible to receive a grant from EPA under the statutes authorizing grants to Indian tribes listed in this notice only if the intertribal consortium demonstrates that all members of the consortium (1) meet the eligibility requirements for the grant and (2) authorize the consortium to apply for and receive assistance.
Dated: September 24, 1999. Michael H. Shapiro, Acting Assistant Administrator, Office of Solid Waste and Emergency Response.
[FR Doc. 99-25421Filed9-28-99; 8:45 am]
BILLING CODE 6560-50-U
