19-04_final_updated2.pdf

EPA-OLEM-OCPA-19-04 1

OVERVIEW SECTION

AGENCY: ENVIRONMENTAL PROTECTION AGENCY (EPA)

TITLE: OFFICE OF LAND AND EMERGENCY MANAGEMENT (OLEM) PROGRAM

TRIBAL SUPPORT COOPERATIVE AGREEMENTS

ACTION: Request for Applications (RFA) - Initial Announcement

RFA NO: EPA-OLEM-OCPA-19-04

CATALOG OF FEDERAL DOMESTIC ASSISTANCE (CFDA) NOS.: 66.808; 66.813; 66.814;

66.816

DATES: The closing date and time for receipt of Application submissions is November 13, 2019, 11:59 p.m. (ET). Applications must be submitted electronically through https://www.grants.gov by

11:59 p.m. (ET) on November 13, 2019 to receive consideration. Applications received after 11:59 p.m. (ET) on November 13, 2019, will not be considered. Please refer to Section 4 for further details.

SUMMARY: This notice announces the availability of funds and solicits Applications to provide training, technical assistance, research, and tools to build tribal capacity to implement Office of Land and Emergency Management (OLEM) programs in Indian country. The recipient will conduct two separate projects that promote discussion, collaboration, engagement, and partnership among tribes and federal agency representatives.

Project One. Under this project, the recipient will provide trainings, including the Tribal Lands and

Environment Forum (TLEF), for tribal professionals on OLEM-related topics of interest to tribes including solid and hazardous waste, underground storage tanks, brownfields, emergency response, etc. These trainings build tribal capacity, promote preservation and restoration of lands, and encourage emergency response preparedness in Indian country. Project One includes, but is not limited to, support for tribal members of the Tribal Waste and Response Steering Committee (TWAR SC), a tribal partnership group whose members provide EPA with tribal co-regulator perspectives on OLEM programs and discuss policy and technical issues with EPA at the national level.

Project Two. Under this project, the recipient will conduct research to identify Superfund issues of importance to tribes, conduct research on those issues, and disseminate the results of the research to tribes through reports and tools to support their participation in the Superfund program. Project Two includes, but is not limited to, support for tribal participants in the Tribal Superfund Working Group

(TSFWG), facilitation of inter-tribal networking opportunities, and providing coordination and research support to tribal participants in meetings between EPA and tribal co-regulators to discuss policy issues and technical matters relating to Superfund hazardous substances site assessment, removal and remediation (site cleanup).

FUNDING/AWARDS: The estimated funding available under this competitive opportunity is

$2,450,000, subject to the availability of funds, quality of Applications received and other applicable considerations. EPA anticipates the award of two separate cooperative agreements to one successful applicant resulting from this competitive announcement. All applicants are required to https://www.grants.gov/ https://www.grants.gov/

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submit Applications for both projects described in Section 1. Applicants must develop and submit separate Applications for Project One and Project Two based on the application submission instructions in Section 5. EPA will not consider combined Applications, single Applications for both projects or, Applications for one project area only. Cooperative agreements awarded under this competition will be funded incrementally and future funding is not guaranteed. The total estimated value for the Project One agreement is $1,150,000. In FY20, EPA anticipates that the maximum value will not exceed $230,000. The total estimated value for the Project Two agreement is

$1,300,000. In FY20, EPA anticipates that the maximum value will not exceed $250,000. Please refer to Section 4 for further instructions.

Note to Applicants: if you name subrecipients (subgrantees and/or contractors, including consultants in your Application to assist you with the proposed project, pay careful attention to the solicitation clause “contracts and subawards” which is available through the link in Section 5.C.

CONTENTS BY SECTION:

I. Funding Opportunity Description

II. Award Information

III. Eligibility Information

IV. Application and Submission Information

V. Application Review Information

VI. Award Administration Information

VII. Agency Contact

VIII. Other Information

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SECTION 1 - FUNDING OPPORTUNITY DESCRIPTION

1.A. Background

There are more than 570 tribal governments recognized as sovereign entities by the U.S. government.

While most tribes have access to an environmental program presence through the EPA Indian General

Assistance Program (GAP), tribes may have unique challenges to effectively building their programs.

These challenges include limited dedicated tribal budgets to sustain a program over time, isolated or rural conditions, and the lack of a trained workforce in the community. This can translate into high employee turnover rates, large training needs, and management of many complex environmental issues by a small number of staff. Tribes often must leverage funding, equipment and technical work through many different programs and funding sources to meet their environmental goals and needs.

Some tribes are in remote locations and live with extreme weather conditions which can increase the complexity and cost of managing wastes and conducting cleanup and other response activities.

Tribes work with OLEM and the EPA Regions on OLEM-related tribal programs as co-regulators and/or co-implementors of joint federal/tribal programs to protect human health and the environment.

This includes collaborative efforts between sovereign governments to promote the safe management of solid and hazardous wastes; develop and operate underground storage tank programs; oversee

Resource Conservation and Recovery Act facilities; prepare for, prevent and respond to chemical and oil spills, accidents, and emergencies; respond to contamination on sites; assessment, clean up and revitalization of brownfields; coordination on cleanup of Superfund sites affecting tribal lands; and work on new and emerging issues covered by statutes under which this cooperative agreement is issued (see Section 1.H.). Six program offices within OLEM regularly work with tribes as co-regulators or co-implementers of OLEM-related tribal programs. The program offices are: Office of

Brownfields and Land Revitalization, Office of Emergency Management, Office of Resource

Conservation and Recovery, Office of Superfund Remediation and Technology Innovation, Office of

Underground Storage Tanks, and the Federal Facilities Restoration and Reuse Office.

OLEM’s primary goal under this RFA is to help tribes build capacity – through training, technical assistance, research, and tools – to develop their own OLEM-related tribal programs. OLEM works to support tribal sovereign authority and promote compliance with federal and tribal environmental statutes/regulations in Indian country while upholding EPA’s Indian Policy principles. The activities under this cooperative agreement help make the OLEM Tribal Program more responsive to tribal needs by ensuring that tribes have opportunities to provide their input and perspectives as well as receive assistance in responding to policy and regulatory actions planned or taken by EPA/OLEM.

Related to this goal, this RFA covers funding for a cooperative agreement to continue OLEM support for the Tribal Waste and Response Steering Committee (TWAR SC) and the Tribal Lands and

Environment Forum (TLEF) training conference. The TWAR SC – formerly known as the Tribal

Waste and Response Assistance Program Steering Committee (TWRAP SC) – is made up of 10 tribal environmental professionals with experience in OLEM program areas. Members of this official tribal partnership group share tribal perspectives on OLEM policies and programs with EPA and influence the development of OLEM-related policies and programs that impact tribal lands. The TWAR SC has a charter, meets regularly, and plays a substantive role in the planning of the TLEF. With more than

500 participants, the TLEF is a large, national conference that brings together tribal, EPA, federal/state/local government, academic, nonprofit, and other professionals from across the country

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to receive information from research projects, training and technical assistance related to cleanup and response programs. EPA will ensure that the current recipient of the cooperative agreement provides the successful applicant under this competition with data, documents, and other materials developed with Agency funds related to the TWAR SC and TLEF as provided in 2 CFR 200.315 and the terms and conditions of the current recipient’s cooperative agreement with EPA.

The OLEM Tribal Coordinator and other key personnel from the program offices will collaborate with the successful applicant as part of EPA’s substantial involvement in the cooperative agreements that will be awarded under this RFA. OLEM headquarters program offices will work closely with the

EPA regional offices to coordinate policy and program efforts across the country.

Another goal of this RFA is to foster the participation of tribes in the Superfund process and to support members of the Tribal Superfund Working Group (TSFWG) by researching relevant needs to identify current and emerging Superfund-related issues that are important to tribes. Under this RFA, the recipient will develop research products, information. and tools to assist tribes to more fully participate in the Superfund process. The TSFWG is a network of tribal, federal, and other professionals with an interest in and expertise with the Superfund program. The TSFWG Advisory

Council (TSFWG AC) is a smaller group of tribal experts in the Superfund process. The recipient will provide opportunities for the tribes in the TSFWG to explore and gain from cross-programmatic discussions and inter-tribal experiences and optimize different approaches to address their sites and improve their environmental programs. The TSFWG AC also works with the TWAR SC to provide feedback and engage with OLEM on Superfund policy issues.

For more information on EPA’s OLEM-related tribal programs: https://www.epa.gov/tribal-lands. For more information on the TLEF: https://www7.nau.edu/itep/main/Conferences/confr_tlef. For more information on the TWAR SC: https://www7.nau.edu/itep/main/Conferences/confr_tlef.

1.B. Scope of Work

Applicants must address each of the following elements in Project One and Project Two and provide a detailed description of how they will perform the functions of each element in their Applications.

Also, applicants must explain how they will accomplish the elements, including alternative or additional activities that will best accomplish each element’s objectives. Applicants may also include in their Applications additional and/or alternative elements to those listed below. Under this RFA, all applicants must submit Applications for both projects (Project One and Project Two) described more fully below. Applicants must develop and submit separate Applications for each project. EPA will not consider combined Applications, single Applications for both project areas, or

Applications for one project area only.

Project One (funds awarded under Project One are limited to non-Superfund-related activities):

Element 1: Develop, plan and implement annual tribal training conference - Tribal Lands and

Environment Forum (TLEF):

The activities eligible for funding under this RFA are planning, developing and implementing five annually held Tribal Lands and Environment Forums (TLEF) from 2020-2024, provided EPA funds https://www.epa.gov/tribal-lands https://www.epa.gov/tribal-lands https://www7.nau.edu/itep/main/Conferences/confr_tlef https://www7.nau.edu/itep/main/Conferences/confr_tlef https://www7.nau.edu/itep/main/Conferences/confr_tlef https://www7.nau.edu/itep/main/Conferences/confr_tlef

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are available. The training plan should include a need-based travel scholarship program (including selection criteria) for tribal trainees. EPA will be a co-sponsor of the TLEFs. The annual conference brings together tribes, EPA, federal, and other partners to provide trainings, receive technical assistance, promote discussion, share lessons learned and best practices, and learn about relevant research projects and studies to build tribal capacity. Prior TLEFs have included panels, presentations, trainings, hands-on field activities, and field trips led by tribal, EPA, and other experts. These sessions can be program-specific or cross-programmatic in nature. The topics have historically been covered in 5 or more session tracks that include topics such as solid and hazardous waste management, revitalization of brownfields, leaking underground storage tanks and other RCRA facilities, emergency preparedness, and other OLEM-related tribal initiatives.

For planning purposes, EPA anticipates that annual TLEFs will attract approximately 500 participants.

EPA encourages applicants to propose alternative approaches if the applicant can demonstrate that a different format would be more cost efficient and/or deliver training and technical assistance more effectively. Applicants are invited to suggest additional elements to this scope of work that could enhance the objectives of the TLEF. Please note that paying for federal travel is not an eligible cost under the cooperative agreement.

Element 2: Provide technical and administrative support to the Tribal Waste and Response Steering

Committee (TWAR SC):

The TWAR SC is made up of 10 federally recognized tribal co-regulators. As provided in Section 204 of the Unfunded Mandates Reform Act, tribal members of the TWAR SC must be elected tribal officials or tribal employees designated by the tribe’s elected leaders to represent their tribe on the

TWAR SC. Meetings and interactions between the TWAR SC and EPA help facilitate a national dialogue and information exchange between tribes and EPA on OLEM-related activities such as land preservation, revitalization, cleanup and response issues. Members have an opportunity to provide input on and respond to policy or regulatory actions planned or taken by EPA/OLEM and can influence policy and regulatory actions through regular communication and coordination with OLEM.

TWAR SC Membership Selection

Members of the TWAR SC will be selected competitively by the recipient through an application process designed by the recipient and serve a two-year rotation. Members of the TWAR SC should represent as many EPA regions as possible and should collectively have expertise in as many OLEM topic areas as possible. OLEM topic areas include: solid and hazardous waste, underground storage tanks, Superfund (including federal facilities), emergency response, and brownfields. Applicants should provide a plan for filling vacancies in the TWAR SC membership pending completion of the selection process.

Applicants must propose a process and criteria for selecting qualified tribal TWAR SC members who are elected tribal officials or designated to represent their tribe. The Application should also include a plan to promote participation in the TWAR SC, to build and maintain a geographically diverse roster of TWAR SC members who can provide feedback on as many OLEM topic areas as possible, and to orient new TWAR SC members when they join.

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Support for TWAR SC Members

The applicants should also provide a plan for logistical and administrative support to facilitate effective participation of tribal representatives on the TWAR SC. Examples of activities for the plan include:

• funding travel (airfare, lodging, per diem) to enable tribal members to attend TWAR SC meetings,

• preparing agendas that are responsive to the interests of tribal members,

• facilitating and moderating meetings to accomplish TWAR SC goals in an efficient manner,

• recording minutes and preparing meeting summaries,

• assisting TWAR SC members prepare responses to EPA on policy and technical topics,

• providing a web presence, and

• reviewing and updating the TWAR SC Charter under the direction of the tribal members.

Applicants should also describe their approach to supporting TWAR SC’s efforts to disseminate

OLEM-related information to additional tribal partners, including Regional Tribal Operations

Committees and other tribal partnership groups, and to seek input from tribes across the country.

Applicants may also propose other activities necessary for providing logistical and administrative support to tribal members of the TWAR SC.

Meetings and Travel

EPA’s substantial involvement will include, among other things, collaborating with the successful applicant in establishing the schedule and venues for co-sponsored TWAR SC meetings. In the final year of the current cooperative agreement, the TWAR SC met 6 times/year with two in-person meetings (one in Washington D.C. and one at another location) and four conference calls. Applicants may propose alternate schedules, venues, and types of TWAR SC meetings although EPA will evaluate Applications based on cost-effectiveness in minimizing expenditures of travel expenses for

OLEM senior officials and agency staff as well as tribal members of the TWAR SC.

Applicants should provide a cost-effective plan to provide travel support for additional, non-TWAR

SC in-person events such as conferences, meetings, etc. These events must provide opportunities for

TWAR SC members to engage with other tribes, tribal partnership groups, EPA, and other stakeholders; promote information exchange relevant to OLEM topic areas; and align with the mission of the TWAR SC and the goals of this cooperative agreement.

Additionally, EPA encourages applicants to propose a cost-effective approach to provide support to tribal members of the TWAR SC outside of the context of meetings with EPA. Examples include periodic and ad-hoc conference calls, assistance in drafting responses or otherwise supporting the development of TWAR SC input to EPA on policy and technical issues, etc.

The successful applicant will work in collaboration with the TWAR SC, OLEM, and the Office of

International and Tribal Affairs to connect tribal partnership groups, including the National Tribal

Caucus, as appropriate.

For more information on the current TWAR SC please go to:

http://www7.nau.edu/itep/main/twarsc/Home/Index.

http://www7.nau.edu/itep/main/twarsc/Home/Index http://www7.nau.edu/itep/main/twarsc/Home/Index

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Element 3: Develop and deliver at least ten tribal training courses to address OLEM-related programs:

Over the 5-year cooperative agreement the successful applicant will hold at least 10 trainings in the lower 48 states and Alaska at locations determined in consultation with EPA. Training should provide special and practical knowledge of a specialized subject area through a variety of cost-effective methods as specified in the applicant’s Application. For example, the courses may feature instructors from tribal programs, federal offices, state and local governments, stakeholders and partners, and include a mix of lecture, small group activities, hands-on trainings, and tribal case studies/best practices. Trainings should cover topics of relevance to tribal environmental professionals relating to responsible solid and hazardous waste management practices, tribal cleanup codes/regulations, underground storage tanks (UST), emergency response, brownfields, and other topics that meet tribal needs related to OLEM’s programs. EPA encourages applicants to consider virtual and in-person trainings as well as utilizing a combination of those techniques to deliver the trainings.

The training plan should include a need-based travel scholarship program (including selection criteria) for tribal trainees. Applicants should also describe how they will identify and choose training topics, including soliciting tribal input on topic ideas, as well as how they will evaluate the success of each training and adjust trainings to incorporate lessons learned and best practices over the course of the 5-year cooperative agreement.

EPA will evaluate Applications on the cost-effectiveness of the proposed approach to delivering training including criteria for awarding full or partial travel scholarships.

Element 4: Create online resources to help tribes access and share OLEM-related information and policies affecting tribal communities:

The successful applicant will develop and maintain a website for the activities of the cooperative agreement. Applicants should describe how this website will provide tribal environmental professionals with access to research, studies, training materials, information, and other resources.

Funds under this agreement may also be used to support peer-to-peer mentoring activities. A mentoring program could include face-to-face interactions, site visits, video chats, phone calls, online resources, etc.

Element 5: Inform tribes of consultation and public comment opportunities related to OLEM programs and enhance tribal engagement with EPA on regulatory actions:

Applicants should describe their approach to developing and implementing a cost-effective method to regularly communicate with federally-recognized tribes, including those in Alaska, to inform them of consultation and public comment opportunities related to OLEM regulatory, policy and programmatic matters. An electronic newsletter is one example of such a mechanism. Applicants may propose alternative mechanisms that are similarly cost-effective.

In addition, the successful applicant will work in partnership with the EPA and the TWAR SC to identify and implement methods to enhance tribal participation in consultation opportunities, promote new ways to inform tribes about consultation and outreach efforts related to regulatory actions, and to

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improve EPA engagement with tribes on rulemaking efforts, as appropriate.

Project Two (funds awarded under Project Two are limited to supporting Superfund-related activities)

Element 1: Include Superfund-related sessions in the annual tribal training conference - Tribal

Lands and Environment Forum (TLEF):

Applicants should describe their approach to developing and implementing a Superfund track and a

Superfund-related field trip (at conference location, if possible) at the annual TLEF including the role the TSFWG will play. This plan should address how the Superfund track will provide a forum for presentations relating to research (including health effects) into hazardous substance issues that impact tribal lands, and research results and products developed under Project Two: Element 2 (described below). For example, sessions may provide opportunities for tribes to share lessons learned and experiences related to their involvement in the Superfund process and to build capacity to help tribes meaningfully engage in the process. Applicants should describe their approach to identifying topics

(including examples) and speakers, as well as their approach to developing a need-based travel scholarship program that includes selection criteria. Please see Project One: Element 1 (above) for specific information on the TLEF. Applicants may also propose other activities that would enhance the Superfund track at the annual TLEF.

Element 2: Support tribal members of the Tribal Superfund Working Group and the Tribal

Superfund Working Group Advisory Council

Applicants should describe their plan to provide administrative and logistical support for the TSFWG and the TSFWG Advisory Council (TSFWG AC). For example, support may include providing research reports, maintaining the network’s list serv and web presence, as well as assisting with coordination between the TWAR SC and the TSFWG AC and between the TSFWG and EPA. The plan should discuss the applicant’s approach to developing a mechanism for tracking TSFWG areas of expertise and interest, where and how tribal members are engaged in the Superfund pipeline at

Superfund sites of tribal interest, and future topics for meetings, conference calls, research areas, etc.

(see Project Two, Elements 1, 3 and 4). Applicants may also propose other activities to support

TSWG and TSWG AC.

Element 3: Build tribal capacity to meaningfully engage in the Superfund process, conduct research, develop research products, and disseminate results to tribal members of the Tribal

Superfund Working Group (TSFWG):

EPA works closely with tribes to address contaminated sites and tribes play a critical role in the

Superfund process in the identification of contaminated sites, the remedial investigation / feasibility study (RI/FS) process (e.g., providing traditional ecological knowledge for the risk assessment), cleanup decisions and remedy implementation.

Applicants should describe their approach to collaborating with members of the TSFWG to conduct research to identify and foster resolution of current and emerging Superfund-related issues that are important to tribes, that help EPA and tribes work more effectively to manage Superfund sites, and

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that support meaningful tribal participation in the Superfund process. Applicants should provide a plan for developing, in collaboration with EPA and the tribes, a prioritized list of topics or areas for more in-depth investigation followed by a detailed analysis of at least one topic area per year.

Applicants should describe how they will ensure that the results of this research will be provided to tribes in a format that is most useful and beneficial to them, that fosters dialogue among tribes and between tribes and EPA, and that, when implemented, builds tribal capacity and supports meaningful tribal participation throughout the Superfund process. The research plan should result in the development and production of research products that achieve this goal.

Applicants should describe their approach to developing and implementing a cost-effective plan to conduct research, develop research products that reflect research conclusions, and disseminate results.

Research – Phase 1: Identify and prioritize research topics

Applicants should describe their plan for identifying a prioritized list of topics to pursue additional research. The plan should include a description of the process for involving tribes in developing the priority list including whether the applicant intends to use focus groups and needs assessments.

Examples of potential areas for additional research include, but are not limited to:

• Building technical and/or program capacity related to identifying, assessing and evaluating hazardous substances risks and employing innovative or alternative treatment technologies to address those risks;

• Identifying best practices for sharing and integrating traditional ecological knowledge in the risk assessment process;

• Identifying opportunities for tribal involvement in remedy operations and maintenance;

• Communicating risk related to the detection, assessment and evaluation of the effects of hazardous substances on tribal lands;

• Supporting efforts to build capacity for the planning, implementation, and management of institutional controls and operation and maintenance activities;

• Understanding roles and responsibilities among participants in the Superfund process;

• Promoting coordination and partnership with co-regulators (e.g., EPA, local and state government, etc.) and other stakeholders to provide for more effective remedies for sites on tribal lands;

• Investigating and reducing barriers – institutional, technological, regulatory, administrative, financial, policy-related, etc. – that prevent effective implementation of the Superfund cleanup program or that inhibit meaningful tribal engagement in the process;

• Dispute resolution and community involvement under the National Contingency Plan.

• Building administrative capacity to manage grants and other financial vehicles to support tribal engagement in the Superfund process.

• Identifying and incorporating new and emerging science into cleanup activities;

Superfund issues are constantly evolving, and research topics are not limited to the above activities.

EPA encourages applicants to propose additional areas of research based on their analysis of tribal interests and seeks Applications that show an ability to identify and adapt to new issues facing tribes as they engage in the Superfund program.

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Research – Phase 2: Dissemination of results and development of research products

Applicants should describe their approach to working with EPA and tribes to conduct an in-depth investigation of at least four topic areas (approximately one topic area per year of the cooperative agreement after the initial prioritization effort).

Applicants should describe a plan that includes an approach to develop a variety of resources and tools that incorporate and address research results conducted under this cooperative agreement. The plan should include information on how the applicant intends to work in collaboration with the TSFWG to identify and develop content, examples and formats for this information that would be the most useful for tribes.

The plan should address how the applicant intends to develop materials to showcase replicable examples of how tribes have engaged in discrete phases of the Superfund pipeline (i.e. risk assessment, remedial investigation/feasibility studies, remedial action, operation and maintenance, etc.). For example, this information could take the form of case studies describing details of meaningful involvement and participation by tribes at Superfund sites or checklists, guides and tools detailing how tribes have built capacity and engaged in the process.

The successful applicant should describe how research results and information will be shared with tribes in the TSFWG. Examples of information-sharing mechanisms could include, but are not limited to:

• Online information (website)

• Webinars

• Tools and resources

• Case studies

• Sessions at the TLEF

• Conference calls

• In-person meetings

Applicants are invited to suggest additional research areas, information-sharing mechanisms, research products and features that could enhance tribal capacity-building. For example, funds under this agreement may be used to support peer-to-peer mentoring activities. A mentoring program could include face-to-face interactions, site visits, video chats, phone calls, online resources, etc.

Element 4: Develop and deliver at least one in-person meeting a year and two dialogues per year for tribal members of the TSFWG to discuss research results:

In-person meetings

Applicants should provide a plan describing how they will work in collaboration with EPA and the

TSFWG to develop and implement annual multiple-day meetings, co-sponsored by EPA. The plan should include a description of how the applicant will choose the meeting location each year in collaboration with members of the TSFWG and EPA. Examples of activities that may be part of the plan include how the applicant intends to develop an agenda, including site visits, that furthers the research plan described in Project Two: Element 3 (above). The plan should describe how the applicant will conduct research to foster tribal capacity building and information sharing, identify key content, and facilitate and moderate sessions during the event. Applicants should describe how they will collaborate with the TSFWG and EPA on these activities and may propose additional activities

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that enhance the in-person meetings.

Applicants should describe a cost-effective plan to work with tribes and EPA to determine the most appropriate content for the meeting, contribute to and share research results and products developed under Project Two, Element 2 (described above) as well as currently available research on tribal best practices in Superfund and hazardous substances topics (including health effects research). This plan should include a need-based travel scholarship program (including selection criteria) for travel support.

Applicants should describe a plan to evaluate the success of the activities to increase tribal capacity and explore opportunities for improvement.

Dialogues

Applicants should provide a plan for additional dialogues for tribal members of the TSFWG to discuss research results. These dialogues should be designed to enhance tribal capacity to understand and meaningfully engage in the Superfund program as it relates to Indian country. Features of the plan should demonstrate how the applicant will work with the TSFWG to promote interaction and dialogue among tribes and between tribes and EPA regarding the research. The applicant should describe how it will incorporate research conducted under Project Two, Element 3 related to regulatory, policy, administrative, financial, programmatic and technical issues affecting implementation of the

Superfund program in these meetings. For example, support for these dialogues can include the development of research tools, resources, materials, training in research techniques, and other mechanisms to enhance discussions.

These dialogues will help tribes learn from each other’s experiences and contribute to research that supports substantial and meaningful involvement in Superfund activities.

Applicants should describe a cost-effective approach to provide administrative and logistical support for at least two dialogues per year. Examples of activities include:

• Select research topics, in consultation with the TSFWG and EPA, for dialogues;

• Schedule the dialogues (at least two per year);

• Develop and implement a need-based travel scholarship program (including selection criteria) for full or partial travel support (if needed);

• Arrange for site visits (if needed);

• Prepare materials that build upon the research results and products described above in Project

Two: Element 3;

• Conduct the dialogues (conference calls, webinars, meetings, etc.);

• Prepare and disseminate summaries of the dialogues and related research results;

• Evaluate content and format of the dialogues, capture lessons learned and best practices for each event, and adjust implementation of future dialogues, as needed, over the course of the 5-year agreement.

Applicants may propose additional or alternative activities to effectively carry out the dialogues. Refer to Section 1.C. and 1.E. for more information on the use of funds awarded under CERCLA 311(c) as related to research and studies.

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Element 5: Create and maintain a website for the Project Two activities:

Applicants should describe a plan to develop and maintain a website for the activities of the cooperative agreement. The plan should explain how the applicant intends to provide tribal environmental professionals with access to Superfund-related subject matter, including research results and products created under Project Two: Element 3 (described above), information and other useful resources for tribes interested in building capacity and engaging in the Superfund process.

Applicants may propose additional or alternative activities that would be cost-effective enhancements for the web site.

1.C. Eligible Use of Funds

Project One:

Funds awarded under Section 8001 of RCRA and Section 104(k)(7) of CERCLA must be used for training, research, studies and technical assistance to build tribal capacity to:

1. Encourage owners and operators to properly operate and maintain their USTs; Ensure that owners and operators routinely and correctly monitor all regulated tanks and piping in accordance with the regulations; conduct more frequent inspections; and perform the functions necessary for the development and/or implementation of an Indian underground storage tank

(UST) program. Capacity building functions that may be accepted for funding include the development and/or implementation of enforcement and inspection programs, outreach, and training.

2. Encourage owners and operators to properly cleanup a release if it occurs from an underground storage tank in accordance with applicable regulations. Conduct appropriate activities to deal with releases. Eligible activities that may be accepted for funding include the development and/or implementation of enforcement programs, outreach, and training related to the releases and subsequent cleanups of underground storage tanks including those that pose a high risk.

3. Facilitate the inventory of brownfields properties, site assessments, cleanup of hazardous substances contaminated brownfields properties including training on the promulgation of tribal cleanup standards; community involvement, or site preparation on brownfields sites located on or near tribal lands.

Eligible uses of grant funds include direct costs necessary to conduct research, training and technical assistance identified in the approved workplan. This includes costs for personnel, technical experts, materials, supplies, facilities rentals, audio visual equipment, registration, managing conference logistics, non-federal travel, and conference event transportation expenses. Travel expenses for trainees may include transportation, lodging and per diem only provided the trainee does not charge another federal grant for the same expenses. Stipends to compensate trainees for time spent in training are not allowable costs.

Project Two:

Funds awarded under Section 311(c) of CERCLA must be used for research with respect to the

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detection, assessment, and evaluation of the effects on and risks to human health of hazardous substances and detection of hazardous substances in the environment. As provided at 2 CFR 200.87

“Research” means all research activities, both basic and applied. “Research” is defined as a systematic study directed toward fuller scientific knowledge or understanding of the subject studied. The term research also includes activities involving the training of individuals in research techniques where such activities utilize the same facilities as other research and development activities and where such activities are not included in the instruction function. EPA has interpreted “research” under CERCLA

§311(c) to include study and dissemination of information that extends to socioeconomic, institutional, and public policy issues, as well as the natural sciences. Research activities as described under this cooperative agreement should not be considered academic in nature nor including any need for a laboratory. Rather, funding is available to provide research assistance to help tribes better understand, evaluate and respond to risks from hazardous substances in Indian country.

Funding under this cooperative agreement may support a recipients' eligible and allowable direct costs incurred under an approved work plan plus allowable indirect costs, in accordance with established

EPA and OMB policies and regulations.

Eligible uses of grant funds under this competitive opportunity include direct costs necessary to provide research support, including training in research techniques. Costs for disseminating research results through conference calls, meetings, and electronic formats are allowable as are site visits. This includes costs for personnel, technical experts, materials, supplies, room rentals, travel, and transportation expenses. Travel expenses for trainees may include transportation, lodging and per diem only provided the trainee does not charge another federal grant for the same expenses. Stipends to compensate trainees for time spent in training are not allowable costs.

1.D. Funding Restrictions

As required by CERCLA 105(k)(5)(E)(i), EPA will reduce the amount of allowable indirect costs for the cooperative agreement for Project One due to the 5% limit on administrative costs for Brownfields work funded under CERCLA 104(k)(7). This reduction will reflect the proportion of Brownfields appropriations (approximately 21.7%) that will be used to finance Project One. EPA will negotiate the reduced indirect cost rate with the successful applicant following selection.

There are no restrictions on indirect costs for the cooperative agreement for Project Two.

1.E. Prohibited Use of Funds

Project One and Two –General Prohibitions

The recipient may not use EPA financial assistance for costs that are unallowable under 2 CFR Part

200, Subpart E and EPA’s Guidance on Selected Items of Cost.

Project One

Funds awarded under Section 104(k)(7) of CERCLA are intended for research, training and technical assistance activities set forth in the cooperative agreement. These funds may not be used for:

https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl https://www.epa.gov/sites/production/files/2018-05/documents/recipient_guidance_selected_items_of_cost_final.pdf https://www.epa.gov/sites/production/files/2018-05/documents/recipient_guidance_selected_items_of_cost_final.pdf

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1. Projects that duplicate grants awarded under other EPA Brownfields grant programs described in CFDA Nos. 66.818, Brownfields Assessment, Revolving Loan Funds, and

Cleanup Grants and 66.815, Brownfields Job Training Grant or other federally funded environmental training, research, or technical assistance programs in their target community(ies). Please see the EPA’s Brownfields website for more details, http://www.epa.gov/brownfields;

2. Conducting site assessments or actual cleanups;

3. Construction and land acquisition;

4. Federal cost-share requirement (for example, a cost share required by other federal funds) unless authorized by statute;

5. Management Fees or similar charges in excess of the direct costs in the budget for the

Cooperative agreement. The term “management fees” or similar charges refers to expenses added to the direct costs to accumulate a reserve fund for ongoing business.

expenses, unforeseen liabilities, or for other similar costs that are not allowable as direct costs;

6. Stipends to compensate trainees for time spent in training are not allowable costs. Travel expenses for trainees may include transportation, lodging, and per diem only;

7. A penalty or fine.

Project Two

Funding awarded under CERCLA 311(c) is only available for hazardous substance-related research.

For the purposes of Project Two, the term “hazardous substances” does not include petroleum as provided in CERCLA 101(14).

Funds awarded under this agreement may not be commingled with other funding sources including funds EPA awards for the cooperative agreement to carry out Project One.

1.F. EPA Strategic Plan Linkage

The activities to be funded under this announcement support EPA’s FY 2018-22 Strategic Plan.

Awards made under this announcement will support Goal 1: A Cleaner, Healthier Environment

(Deliver a cleaner, safer, and healthier environment for all Americans and future generations by carrying out the Agency’s core mission), Objective 1.3 (Revitalize Land and Prevent Contamination).

This work also supports Goal 2: More Effective Partnerships (Provide certainty to states, localities, tribal nations, and the regulated community in carrying out shared responsibilities and communicating results to all Americans), Objective 2.1 (Enhance Shared Accountability) and Objective 2.2 (Increase

Transparency and Public Participation). Specifically, the activities to be funded under this announcement will be linked to EPA’s strategic plan consistent with EPAs current priorities for cleaning up contaminated sites and returning land back to communities, preparedness and response, preventing contamination, shared governance, and public engagement. Applicants must explain in their Application how their project will further these current priorities.

(View EPA’s Strategic Plan online at: http://www.epa.gov/planandbudget/strategicplan.html.)

1.G. Measuring Environmental Results: Anticipated Outcomes/Outputs http://www.epa.gov/brownfields http://www.epa.gov/brownfields http://www.epa.gov/planandbudget/strategicplan.html http://www.epa.gov/planandbudget/strategicplan.html

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Pursuant to EPA Order 5700.7 “Environmental Results under EPA Assistance Agreements,” EPA requires that all grant applicants and recipients adequately address environmental outputs and outcomes. Outputs and outcomes differ both in their nature and in how they are measured.

Applicants must discuss environmental outputs and outcomes in their proposed workplan.

1. Outcomes. The term “outcome” refers to the result, effect, or consequence that will occur from carrying out an environmental program or activity that is related to an environmental or programmatic goal or objective. Outcomes may be environmental, behavioral, health-related or programmatic in nature, must be quantitative, and may not necessarily be achievable within an assistance agreement funding period.

EPA anticipates outcomes from the project expected to be awarded under this announcement will include, but are not limited to the following:

a. Project One:

i. Increased participation and information exchange among federally recognized tribes in “co-regulator” matters related to OLEM;

ii. Enhanced tribal environmental management capacity – including waste management, cleanup, underground storage tanks, and emergency preparedness capabilities – in Indian country;

iii. Increased and enhanced tribal program manager knowledge on a wide variety of existing and emerging issues related to waste management, Brownfields assessment and cleanup, underground storage tanks, cleanup standards, emergency preparedness issues, and long-term stewardship efforts;

iv. Increased training and technical assistance for tribes and tribal organizations on

OLEM-related tribal programs.

v. Improved public health and environmental protection in tribal communities;

vi. Improved management of tribal lands;

vii. Increased tribal participation in site cleanups, waste response actions and preparedness activities; and

viii. Enhanced tribal representation on committees, during consultation activities, and in collaboration with EPA on OLEM-related issues impacting tribes.

b. Project Two:

i. Protection of human health and the environment in tribal communities on, near, or affected by Superfund sites;

ii. Increased tribal understanding of hazardous substances and the Superfund program in Indian country;

iii. Increased ability of tribes to effectively communicate risks from hazardous substances to a tribal community;

iv. Increased capacity of tribes to meaningfully participate in Superfund response activities throughout the phases of the Superfund pipeline;

v. Enhanced opportunities to share information among tribes about the Superfund program;

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vi. Improved tribal technical expertise to address Superfund program challenges through the use of research products developed by the recipient;

vii. Increased ability of tribes to establish effective roles and responsibilities within a Superfund cleanup framework; and

viii. Improved relationships, collaboration, and coordination among all Superfund site stakeholders and participants (tribal, state, responsible party, EPA, etc.)

working through a cleanup process at a site in Indian country or of interest to a tribe.

2. Outputs. The term “output” means an environmental activity, effort, and/or associated work products related to an environmental goal or objective, that will be produced or provided over a period of time or by a specified date. Outputs may be quantitative or qualitative but must be measurable during an assistance agreement funding period.

Expected outputs from the projects to be funded under this announcement may include the following:

a. Project One:

i. Delivery of five Tribal Lands and Environment Forum training conferences;

ii. Delivery of at least 6 successful TWAR SC meetings and conference calls per year;

iii. Delivery of at least ten trainings to tribal co-regulators on OLEM-related topics of interest to tribes;

iv. Maintenance of website or other mechanism to provide information, training and technical assistance to tribal co-regulators;

v. Increased number of tribes participating in OLEM-related tribal program activities;

vi. Increased number of tribes taking training who provide positive feedback on their evaluation forms;

vii. Improved tribal knowledge of OLEM-related tribal programs;

viii. Tribal participation and feedback on OLEM-related programs, policies and guidance impacting tribal communities through the direct efforts of the TWAR

SC and its members;

ix. Increased number of tribes who improve or develop an OLEM-related environmental program as a result of cooperative agreement activities including a list of those improvements or collaborative efforts over a certain period of time;

x. Improved tribal compliance with solid and hazardous waste regulations in

Indian country;

xi. Improved tribal environmental data;

xii. Improved tribal engagement in consultation opportunities;

xiii. Successful interactions among tribes, as well as between tribes and EPA, on

OLEM-related tribal program issues; and

xiv. Effective communication and coordination between tribal governments and

EPA in matters related to OLEM programs.

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b. Project Two:

i. Delivery of successful Superfund track, sessions, and field trips at five TLEF conferences;

ii. Delivery of at least one successful in-person TSFWG meeting per year;

iii. Delivery of at least two successful dialogues of the TSFWG per year;

iv. Completion of research reports to identify emerging Superfund-related issues that are important to tribes, that help EPA and tribes work more effectively to manage Superfund sites, and that support meaningful tribal participation in the

Superfund program throughout the various phases of the pipeline;

v.…