Direct Implementation Tribal Cooperative Agreements

Direct Implementation Tribal Cooperative Agreements (DITCAs) enable EPA to award cooperative agreements to federally recognized Indian tribes and eligible intertribal consortia to help carry out the Agency's function to directly implement Federal env

EPA works to protect human health and the environment of federally recognized tribes by supporting implementation of federal environmental laws, with a special emphasis on helping tribes administer their own environmental programs. These efforts are consistent with the federal trust responsibility, the government-to-government relationship, and EPA's 1984 Indian Policy.

DITCAs may be awarded to: (1) Federally Recognized Indian Tribal Government, and (2) intertribal consortia consistent with applicable provisions. In order for an intertribal consortium to be eligible to receive cooperative agreements under this authority, an intertribal consortium should be consistent with the provisions in 40 C.F.R. Part 35 Subpart B (Tribal Grants). See "EPA's Direct Implementation of Federal Environmental Programs in Indian Country", which can be found at: https://www.epa.gov/tribal/epas-direct-implementation-federal-environmental-programs-indian-country.

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

DITCAs assist Tribes in helping EPA directly implement Federal environmental programs required or authorized by law in the absence of an acceptable Tribal program and may only be awarded to Tribes to assist the Administrator in directly implementing Federal environmental programs for Indian Tribes required or authorized by law. For example, activities under the following programs may be eligible for DITCA funding: 1) the National Pollutant Discharge Elimination System permit program under the Clean Water Act. 2) Implementation plan development and the Title V permit program under the Clean Air Act. 3) The Public Water System program and the Underground Injection Control program under the Safe Drinking Water Act. 4) The Underground Storage Tank program and the Subtitle C permit program under the Resource Conservation and Recovery Act. 5) The Certification and Training program for pesticide applicators under the Federal Insecticide, Fungicide, and Rodenticide Act. 6) The Lead-Based Paint program under the Toxic Substances Control Act. Assistance agreement awards under this program may involve or relate to geospatial information. Further information regarding geospatial information may be obtained by viewing the following website: Geospatial Resources at EPA (https://www.epa.gov/geospatial).

Limitations on DITCA awards include: (1) The statutory authority for DITCA is found in appropriations acts. In the event the appropriation authority is extended by continuing resolution(s), the DITCA authority will also be extended. (2) The project period of the DITCA may extend beyond the period of the appropriations act under which it was created, but all funds must be awarded prior to the expiration of the appropriations act authorizing the DITCA. (3) DITCA-funded personnel may not perform inherently Federal functions. (4) EPA personnel can provide assistance to DITCA representatives based on the written DITCA work plan, which may include daily direction. EPA cannot treat DITCA representatives as EPA employees by participating in hiring, disciplining, or firing decisions. (5) DITCA-funded personnel cannot operate vehicles that are either owned or leased by the Federal government. This program makes Federal awards on a discretionary basis. A discretionary award means an award in which the Federal awarding agency, in keeping with specific statutory authority that enables the agency to exercise judgement ("discretion"), selects the recipient and/or the amount of Federal funding awarded through a competitive process or based on merit of proposals. A discretionary award may be selected on a non-competitive basis, as appropriate. For further information, please contact the Headquarters or regional office.

EPA normally awards cooperative agreements for periods of 12 to 36 months. The term of the grant shall be determined at the time of award.

For non-competitive awards, EPA will work with Tribes and Intertribal Consortia to develop work plans consistent with program guidance and any regulations that govern the implementation of the relevant Federal environmental program. For additional information, contact the individual(s) listed as "Information Contacts"

Issuing office will provide location of application procedure details as appropriate.

Cooperative agreements may be awarded to Tribes which submit applications consistent with EPA regulations and guidance. EPA will work with Tribes and Intertribal consortia to develop work plans consistent with program guidance and any regulations that govern the implementation of the relevant Federal environmental program.

EPA will review each application to determine the adequacy of the application in relation to EPA's grant regulations (2 CFR 200 and 1500) and other applicable program regulations and guidance. If the application is approved, EPA will award a cooperative agreement up to the reasonable and necessary cost of the approved work plan.

Cooperative agreements are usually awarded within 60 to 120 days from the date of application receipt.

Disputes will be resolved under 2 CFR 1500 Subpart E, as applicable.