EPA-OLEM-OCAP-24-03 (FINAL).pdf

OVERVIEW SECTION

AGENCY: ENVIRONMENTAL PROTECTION AGENCY (EPA)

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

PROGRAM SUPPORT COOPERATIVE AGREEMENTS

ACTION: NOTICE OF FUNDING OPPORTUNITY (NOFO) - INITIAL ANNOUNCEMENT

NOFO NO: EPA-OLEM-OCPA-24-03

ASSISTANCE LISTING NOS.: 66.808; 66.813; 66.814; 66.816

DATES: The closing date and time for receipt of application submissions is October 10, 2024, 11:59 p.m. (ET). Applications must be submitted electronically through https://www.grants.gov by 11:59 p.m. (ET) on October 10, 2024, to receive consideration. Applications received after 11:59 p.m. (ET) on October 10, 2024, will not be considered. Please refer to Section 4 for further details.

CONTENTS BY SECTION:

1. Funding Opportunity Description

2. Award Information

3. Eligibility Information

4. Application and Submission Information

5. Application Review Information

6. Award Administration Information

7. Agency Contact

8. Other Information https://www.grants.gov/

SECTION 1 - FUNDING OPPORTUNITY DESCRIPTION

1.A. Program Goals and Objectives

Federally recognized Tribes work with the Office of Land and Emergency Management (OLEM) and the EPA regions on OLEM-related programs as co-regulators and/or co-implementors of federal and Tribal programs to protect human health and the environment. This includes collaborative efforts between sovereign governments to safely manage 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; assess, clean up and revitalize brownfields;

coordinate cleanup of Superfund sites affecting Tribes and Tribal lands; and work on new and emerging issues, including responding to a changing climate, covered by statutes under which this cooperative agreement is issued (see Section 1.H.). Seven program offices within OLEM regularly work with Tribes on these programs. The program offices are Office of Brownfields and Land Revitalization; Office of Emergency Management; Office of Mountains, Deserts and Plains; Office of Resource Conservation and Recovery; Office of Superfund Remediation and Technology Innovation; Office of Underground Storage Tanks; and Federal Facilities Restoration and Reuse Office.

This notice announces the availability of funds and solicits applications for two separate projects to provide training, technical assistance, research, and tools to Tribal environmental staff to build Tribal capacity to develop sustainable waste management programs and implement cleanup, prevention, and response programs in Indian country. The recipient will also conduct activities under the two cooperative agreements that promote discussion, collaboration, engagement, and partnership among Tribes and federal agency representatives.

OLEM’s primary goal under this funding opportunity is to help Tribes build capacity – through training, technical assistance, research, and tools – to develop their own OLEM-related programs and participate in cleanup, prevention, and response programs. OLEM works to support Tribal sovereign authority and promote compliance with federal and Tribal environmental statutes and 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 on policy and regulatory actions planned or taken by OLEM.

Project One. Under this project, the recipient will provide trainings and support to Tribal environmental professionals to build Tribal capacity and promote preservation and restoration of lands in Indian country.

A primary deliverable under this project is to host the annual Tribal Lands and Environment Forum (TLEF). The TLEF is a large, national conference that brings together Tribal, EPA, federal/state/local government, academic, nonprofits, consultants, and other professionals from across the country to provide Tribal environmental professionals with the tools and resources needed to build capacity and to implement successful environmental programs in their communities.

The TLEF provides training and technical assistance to Tribal representatives and partners on topics related to cleanup, prevention, and response programs. Sessions cover solid and hazardous waste management, underground storage tanks, brownfields and Superfund site assessment and cleanup, federal facilities, emergency response and management, as well as new and emerging issues in these areas including climate change impacts, resiliency, adaptation, and mitigation.

Project One also supports Tribal members of the Tribal Waste and Response Steering Committee (TWAR SC). The TWAR SC is a Tribal partnership group made up of 10 Tribal environmental professionals with experience in OLEM program areas. Members of the TWAR SC share Tribal perspectives on OLEM policies and programs with EPA, discuss policy and technical issues with EPA at the national level, and influence the development of OLEM-related policies and programs that impact Tribal lands. The TWAR SC has a charter and is comprised of members who meet regularly and play a substantive role in many of the activities under this cooperative agreement. For example, TWAR SC members actively participate in the planning of the TLEF, assist the cooperative agreement recipient with organizing and delivering training, and serve as mentors to other Tribal environmental professionals.

Project One also supports building Tribal capacity to implement cleanup and prevention programs in Indian country by providing in-person and/or virtual trainings, online resources, and networking and engagement opportunities for Tribal environmental staff.

Project Two. Under this project, the recipient will identify Superfund issues of importance to Tribes, conduct research on those issues, and disseminate the results of the research to Tribes through reports, webinars, information, and tools to help Tribes more fully participate in the Superfund program.

Project Two includes support for Tribal participants in the Tribal Superfund Working Group (TSFWG), facilitation of inter-Tribal networking opportunities, coordination of meetings between EPA and Tribal environmental staff to discuss policy issues and technical matters relating to site assessment and remediation (site cleanup) of sites contaminated with hazardous substances. For the purposes of this funding opportunity, meetings are defined as gatherings designed to provide opportunities to engage and share information between Tribal attendees and between Tribes and EPA. Meetings can be virtual, in-person, phone calls, etc.

The goal of this project is to foster the participation of Tribes in the Superfund process, support members of the Tribal Superfund Working Group (TSFWG), build Tribes’ capacity to manage and respond to emergencies, and increase engagement with Tribal partners on legacy hard-rock mining response actions. The TSFWG is a network of Tribal, federal, and other professionals with an interest in and expertise with contaminated sites, especially Superfund sites. The TSFWG Advisory Council (TSFWG AC) is a 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 information sharing 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.

Project Two also supports building Tribal capacity to implement cleanup and response programs in Indian country by providing sessions on Superfund and emergency response topics at the TLEF, online resources, and networking and engagement opportunities for Tribal environmental staff.

Overall. The OLEM Tribal Program Manager and other key personnel from OLEM 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 funding opportunity.

EPA will ensure that the current recipient of the cooperative agreements provides the successful applicant under this funding opportunity with data, charters, documents, and other materials developed with Agency funds related to the TWAR SC, TSFWG/TSFWG AC, Tribal Lands Assistance Center, and TLEF as provided in 2 CFR 200.315 and the terms and conditions of the current recipient’s cooperative agreement with EPA.

For more information on EPA’s OLEM-related Tribal programs. For more information on the Tribal Lands and Environment Forum. For more information on the Tribal Waste and Response Steering Committee. For more information on the Tribal Superfund Working Group. For more information on the Tribal Lands Assistance Center.

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 accomplish the elements and meet each element’s goals and objectives. Applicants may also include in their applications additional elements to those listed below. Under this funding opportunity, 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, and 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 funding opportunity are planning, developing, and implementing five annually held, in-person Tribal Lands and Environment Forums (TLEF) from 2025-2029, provided EPA funds are available. The training plan should include a need-based travel scholarship program (including selection criteria) for Tribal attendees. EPA will be a co-sponsor of the TLEF with the recipient.

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 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 five or more session tracks covering solid and hazardous waste management, revitalization of brownfields, leaking underground storage tanks and other RCRA facilities, and other OLEM-related program areas. Applicants can propose additional focus areas, including but not limited to climate change impacts, resiliency, adaptation, and mitigation;

indigenous knowledge; environmental justice; etc.

https://www.epa.gov/tribal-lands https://www7.nau.edu/itep/main/Conferences/confr_tlef https://www7.nau.edu/itep/main/twarsc/Home/Index https://www7.nau.edu/itep/main/twarsc/Home/Index https://triballands.org/tlac/building-relationships/tribal-superfund-working-group/ https://triballands.org/

For planning purposes, EPA anticipates that annual TLEF will attract approximately 300-500 in-person 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 travel for federal employees is not an eligible cost under the cooperative agreement.

If an applicant proposes a hybrid conference, with both in-person and virtual participants, the applicant must describe their plan to ensure that virtual attendees are engaged and active participants and that the virtual component is as successful as possible. This could include information on a specific type of virtual platform that provides effective engagement opportunities, dedicated moderators to support virtual attendees, audio-visual equipment to improve the virtual experience, etc. Virtual participation is not a required aspect of this element. The applicant must demonstrate that any additional costs and resources for virtual participation provide benefits to Tribes and will be implemented effectively.

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 environmental staff and managers working for a federally recognized Tribe (or intertribal consortium in Alaska). 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 waste management, land revitalization, cleanup, waste prevention, and emergency management issues.

Members have an opportunity to provide input on and respond to policy or regulatory actions planned or taken by OLEM and can influence policy and regulatory actions through regular communication and coordination with OLEM.

TWAR SC Membership Selection Members of the TWAR SC must be selected competitively by the recipient through an application process designed by the recipient and serve a term, as defined in the charter. Members of the TWAR SC should collectively represent as many EPA regions as possible and should collectively have expertise in as many OLEM program areas as possible. OLEM program areas include solid and hazardous waste, underground storage tanks, Superfund (including federal facilities), emergency response, brownfields, and legacy hard-rock mines.

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 program areas as possible, and to orient new TWAR SC members when they join. Applicants should provide a plan for recruiting new members and filling vacancies in the TWAR SC membership.

Support for TWAR SC Members The applicant should also provide a plan for logistical and administrative support to facilitate effective participation of Tribal representatives on the TWAR SC. Examples of support include:

• Funding travel (airfare, lodging, per diem) to enable Tribal members to attend TWAR SC meetings and other events.

• 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, preparing meeting summaries, and managing TWAR SC action items.

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

• Providing a web presence.

• Recruiting new members and maintaining the TWAR SC at full capacity (10 members).

• Reviewing and updating the TWAR SC Charter under the direction of the Tribal members.

Applicants should also describe their approach to supporting the 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 cooperative agreement applicant in establishing the schedule and venues for co-sponsored TWAR SC meetings. In 2023 of the current cooperative agreement, the full TWAR SC participated in five virtual meetings and two, multi-day in-person meetings (one in Washington D.C. and one at another location). Smaller groups of TWAR SC members met twelve times for media-specific virtual meetings related to the Priorities Document. 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, the National Tribal Caucus, EPA, and other stakeholders; promote information exchange relevant to OLEM program 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 Tribal Waste and Response Steering Committee.

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

Element 3: Develop and deliver at least 10 training courses for Tribal environmental professionals to address OLEM-related programs:

During the five-year cooperative agreement, the successful applicant will hold at least 10 trainings for Tribal environmental staff. Training should provide special and practical knowledge of a specialized subject area through a variety of cost-effective methods as specified in the application.

For example, the courses may feature instructors from Tribal programs, federal agencies, state and local governments, stakeholders, and partners, and use formats which include a mix of lectures, 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), 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.

If the applicant proposes in-person trainings for this element, the applicant should work with OLEM to determine locations in the lower 48 states and Alaska. The training plan should include a need-based travel scholarship program (including selection criteria) for Tribal trainees for any in-person trainings. In-person trainings are not a required aspect of this element.

If the applicant proposes virtual trainings for this element, the applicant must describe their plan to engage attendees and ensure that the virtual experience is as successful as possible. This could include information on a specific type of virtual platform that provides effective engagement opportunities, proven practices that keep participants focused and active, etc. Virtual trainings are not a required aspect of this element. The applicant must demonstrate that costs and resources for virtual participation provide benefits to Tribes and will be implemented effectively.

Applicants should also describe how they will work with OLEM to identify and choose training topics, including soliciting Tribal input on topic ideas. Applicants should also describe how they will evaluate the success of each training and adjust trainings to incorporate lessons learned and best practices over the course of the five-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 and ensuring active virtual participation.

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 agreements. 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 electronic newsletters, peer-to-peer mentoring activities, and other resources that provide OLEM-related information to Tribes. A mentoring program could include face-to-face interactions, site visits, video chats, phone calls, online resources, etc.

PROJECT TWO (Funds awarded under Project Two are limited to supporting Superfund-related, emergency management-related, and legacy hard-rock mining-related activities.)

Element 1: Include Superfund-related and emergency management-related sessions and activities 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 and field trip will increase understanding of and involvement in the Superfund remedial program and 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 3 (described below). The plan should include opportunities for information sharing, exchange, and networking among Tribal representatives and between Tribes and EPA staff at the TLEF. 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 and with EPA.

Applicants should describe their approach to developing and implementing emergency response and emergency management sessions at the annual TLEF. Sessions can cover information and technical assistance designed to educate Tribes, build Tribal capacity, and assist Tribes as they prepare for emergency responses to releases of hazardous substances, pollutants, or contaminants, including chemical, oil, radiological, biological, or hazardous materials. Applicants can also consider including emergency response-management long form trainings, field trips, scenarios, table-top exercises, or other activities.

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 and emergency management sessions and activities 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 maintaining the network’s list serve 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). The application should include a plan to promote participation in the TSFWG, to build and maintain a geographically diverse network, and to engage Tribes who have not yet been involved in the TSFWG, but who have an interest in cleaning up sites contaminated with hazardous substances. Applicants may also propose other activities to support TSFWG and TSFWG AC.

Applicants should describe their plan to co-host four (quarterly) meetings per year between the TSFWG, EPA, and other Tribal environmental professionals, as appropriate. One of those four meetings per year should be dedicated to sharing research products developed under this cooperative agreement or seeking Tribal input on future research areas (see Project Two: Element 3 below). The applicant should work with OLEM on topics, speakers, and agendas for the other three meetings per year.

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, 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 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 in Year 1 of the cooperative agreement, followed by a detailed analysis of at least one topic area per year for the remaining four years of the cooperative agreement (Years 2-5).

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 (Year 1) Applicants should describe a robust plan for identifying, analyzing, and prioritizing a list of topics in Year 1 to pursue researching over the 5-year period. The plan should include a description of the process for involving Tribes in developing the priority list, including whether the applicant intends to use surveys, focus groups, or 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 indigenous knowledge in the remedial process.

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

• 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.

• Developing community involvement tools and resources for engaging Tribal communities or citizens 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, including contaminants of emerging concern, into cleanup activities.

• Identifying specific areas within the cleanup enforcement program to improve program and site-specific coordination and data sharing, promote innovation, and maximize efficiencies.

• Increasing Tribal staff knowledge and experience with evaluating climate adaptation issues and environmental justice concerns.

• Disseminating information about EPA guidance and initiatives applicable to Tribal participation in remediation of Superfund sites.

• Researching Tribal Superfund programs to identify best practices/case examples.

• Developing materials to showcase replicable examples of how Tribes have engaged in discrete phases of the Superfund pipeline, including tools and resources (checklists, guides, etc) to build Tribal capacity to engage in the process.

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.

Research – Phase 2: Conduct research, develop research products, and disseminate results (Years 2-5) 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 in Year 1).

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, as well as examples and formats for this information that would be the most useful for Tribes.

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 (checklists, templates, model documents, etc).

• Case studies.

• Sessions at the TLEF.

• Conference calls.

• In-person meetings.

The applicant’s plan should include spending at least one TSFWG quarterly meeting each year (for a total of 5 meetings over the cooperative agreement period of performance) discussing research and/or research results. See Project Two: Element 2 (above) for more information.

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 three in-person site visits for Tribal members of the

TSFWG:

In-person site visits Applicants should describe a cost-effective plan describing how they will work in collaboration with EPA and the TSFWG to develop and implement at least three multiple-day meetings, co-sponsored by EPA. These site visits should be focused around a tour or visit to a Superfund site or other contaminated site of interest to a Tribe or where a Tribe is engaged in the Superfund process or cleanup activities at the site. The meeting should include opportunities for the Tribe to describe their interest and involvement at the site and share with attendees information, lessons learned, and best practices about their engagement at the site. 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 tours and information sessions. The visit should also include activities that further the research plan described in Project Two: Element 3 (above), including gathering research and/or sharing research results and products. The plan should describe how the applicant will foster Tribal capacity building and information sharing, identify key content, share research results, 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 that enhance the in-person site visit.

This plan should include a need-based travel scholarship program (including selection criteria) for travel support for Tribal attendees.

Applicants should describe a plan to evaluate the success of the site visit to increase Tribal capacity and explore opportunities for improvement.

Element 5: Host at least four virtual Tribal legacy hard-rock mining meetings:

Applicants should describe a plan to co-host at least four virtual meetings over the duration of the cooperative agreement for Tribal representatives interested in issues related to legacy hard-rock mining response actions, starting in Year 2 of the cooperative agreement. The goal of these meetings is to create a forum for networking, information sharing and discussions among Tribes and between Tribes and EPA. The focus of these meetings should be on response actions and related activities addressing legacy hard-rock mining sites. Meetings may include topics involving critical minerals, site reuse, inventory, or risk communication but will not focus on current or future mining or permitting issues nor the National Environmental Policy Act.

The applicant should describe a plan to work with OLEM and the Office of Mountains, Deserts and Plains (OMDP) to identify, recruit, and build a network of Tribal representatives interested in mining issues in Year 1 of the cooperative agreement and deliver four virtual meetings (one meeting per year) over the remaining four years of the cooperative agreement (Years 2-5). Tribal representatives may include Tribal staff, as well as members and leaders from Tribal communities impacted by legacy mining. Additional participants may include other federal agencies, state representatives, and other stakeholders, as needed. The plan should describe how the applicant will host the meeting and how they will work with EPA to recruit attendees, identify key content, develop an agenda, select guest speakers, and facilitate and moderate sessions during the meeting.

The applicant must also describe their plan to engage virtual attendees and ensure that the virtual experience is as successful as possible. This could include information on a specific type of virtual platform that provides effective engagement opportunities, proven practices that keep participants focused and active, etc.

Element 6: Maintain and enhance the Tribal Lands Assistance Center website for Project Two activities:

Applicants should describe a plan to maintain and enhance the Tribal Lands Assistance Center, a website that houses information related to Project 2 of this cooperative agreement. The plan should explain how the applicant intends to continue to provide Tribal environmental professionals with access to Superfund, emergency management, and legacy hard-rock mining-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 and emergency management activities. Applicants may propose additional activities that would provide cost-effective enhancements for the web site.

1.C. Eligible Use of Funds

Project One:

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, travel expenses, and conference event transportation expenses.

Travel expenses for trainees may include transportation, lodging and per diem only provided the https://triballands.org/ 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 §311(c) of CERCLA must be used for research with respect to the 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 recipient’s 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 funding 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. Travel expenses for federal employees is not an eligible cost under the cooperative agreement.

1.D. Funding Restrictions

As required by CERCLA §104(k)(5)(E)(a), 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 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:

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.

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 funding opportunity support EPA’s FY 2022-2026 EPA Strategic Plan. Awards made under this funding opportunity will support Goal 6: Safeguard and Revitalize Communities, Objective 6.1: Clean Up and Restore Land for Productive Uses and Healthy Communities, Objective 6.2: Reduce Waste and Prevent Environmental Contamination, and Objective 6.3: Prepare for and Respond to Environmental Emergencies. This work also supports Strategy 4: Strengthen Tribal, State, and Local Partnerships and Enhance Engagement.

Specifically, the activities to be funded under this funding opportunity will be linked to EPA’s 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 http://www.epa.gov/brownfields https://www.epa.gov/planandbudget/strategicplan https://www.epa.gov/planandbudget/strategicplan

Strategic Plan consistent with EPA’s current priorities for cleaning up contaminated sites and returning land back to communities, preparing for and responding to emergencies, preventing contamination, managing waste, strengthening partnerships with Tribal governments, and engaging the public. Applicants must explain in their application how their project will further these current priorities.

1.G. Measuring Environmental Results: Anticipated Outcomes/Outputs

Pursuant to EPA Order 5700.7A1 “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 funding opportunity will include, but are not limited to the following:

a. Project One:

i. Improved communication, relationships, collaboration, and coordination among Tribal environmental professionals and between Tribes and EPA in OLEM program areas.

ii. Increased capacity and technical knowledge of Tribal environmental professionals on a wide variety of existing and emerging issues related to OLEM programs.

iii. Increased participation in and implementation of OLEM programs by federally recognized Tribes.

iv. Improved implementation of OLEM programs by Tribal environmental professionals and increased compliance at OLEM-related facilities in Indian country.

v. Enhanced understanding by EPA staff, management and leadership of the unique needs and circumstances of Tribes related to OLEM programs through engagement with Tribal environmental professionals.

b. Project Two:

i. Improved communication, relationships, collaboration, and coordination among all Superfund site stakeholders and participants (Tribal, state, responsible party, EPA, etc.) working through the cleanup process at a site in Indian country or of interest to a Tribe.

https://www.epa.gov/grants/epa-order-57007a1-epas-policy-environmental-results-under-epa-assistance-agreements

ii. Improved communication, relationships, collaboration, and coordination among Tribal environmental professionals and between Tribes and EPA in Superfund, emergency management, and mining program areas.

iii. Increased capacity and technical knowledge of Tribal environmental professionals related to the Superfund remedial and removal programs, emergency management, and legacy hard-rock mining sites.

iv. Increased participation of Tribes in all phases of the Superfund pipeline.

v. Increased participation in and implementation of emergency management programs by Tribal environmental professionals.

vi. Enhanced understanding by EPA staff, management and leadership of the unique needs and circumstances of Tribes related to Superfund, emergency management and mining programs through engagement with Tribal environmental professionals.

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 funding opportunity may include the following:

a. Project One:

i. Delivered five successful Tribal Lands and Environment Forum training conferences.

ii. Delivered at least 6 successful TWAR SC meetings per year and provided technical, organizational, administrative, and logistical support for the

TWAR SC.

iii. Delivered at least 10 successful trainings to Tribal environmental professionals on OLEM-related topics of interest to Tribes.

iv. Maintained the website and provided other useful online resources to assist and support Tribal environmental professionals to build their capacity in OLEM program areas.

v. Provided successful opportunities for effective engagement, communication, relationship-building, and information exchange among Tribes, and between Tribes and EPA, on OLEM- program issues.

b. Project Two:

i. Delivered a successful Superfund track, sessions, and field trips and emergency management-related sessions and activities at five TLEF conferences.

ii. Delivered four (quarterly) TSFWG meetings per year and provided technical, organizational, administrative, and logistical support for the TSFWG.

iii. Delivered at least three successful in-person TSFWG site visits for Tribal members of the TSFWG.

iv. Expanded and diversified Tribal membership in the TSFWG.

v. Identified and prioritized research areas related to increasing Tribes’ capacity to meaningfully engage in the Superfund remedial program, conducted in-depth research on four topics, and created and disseminated research products to the TSFWG and other Tribal environmental professionals.

vi. Built a network of Tribal representatives interested in response actions at legacy hard-rock mining sites and delivered at least four virtual meetings between Tribes, EPA, and other partners and stakeholders to discuss topics related to response actions at legacy hard-rock mining sites.

vii. Maintained and enhanced the Tribal Lands Assistance Center website to provide online materials, information, tools, and research products developed under this cooperative agreement.

viii. Provided successful opportunities for effective engagement, communication, relationship-building, and information exchange among Tribes, and between Tribes and EPA, on Superfund, emergency management and hard-rock mining program issues.

1.H. Statutory Authorities

The statutory authorities for assistance agreements awarded by EPA under this funding opportunity are as follows:

Solid Waste Disposal Act of…