Indian Environmental General Assistance Program (GAP)

EPA provides Indian Environmental General Assistance Program (GAP) financial and technical assistance to tribal governments and intertribal consortia to assist tribes in planning, developing, and establishing the capacity to implement federal environ

The goal of the Indian Environmental General Assistance Program (GAP) is to assist tribes and intertribal consortia in developing the capacity to manage their own environmental protection programs and to develop and implement solid and hazardous waste programs in accordance with individual tribal needs and applicable federal laws and regulations.

Indian tribal governments (tribes) and intertribal consortia are eligible to receive funds under this program. These terms are defined in 40 CFR 35.502 as follows: An Indian tribal government (tribe), except as otherwise defined in statute or applicable program specific regulation, is any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village, which is recognized as eligible by the U.S. Department of the Interior for the special services provided by the United States to Indians because of their status as Indians. An intertribal consortium is a partnership between two or more tribes authorized by the governing bodies of those tribes to apply for and receive assistance under GAP. Under EPA's tribal grant regulations (40 CFR 35.504), an intertribal consortium is eligible to receive GAP financial assistance when the consortium can adequately document compliance with the following requirements: 1. A majority of its members are eligible to receive GAP grants; 2. All member tribes that meet GAP eligibility requirements authorize the consortium to apply for and receive the award; and 3. Adequate accounting controls are in place to ensure that only members that meet the eligibility requirements will benefit directly from the award and the consortium agrees to an award condition to that effect. This means that a consortium may receive a GAP grant even if the consortium includes members that are not federally recognized tribes, so long as the consortium meets the three regulatory requirements specified above. Authorization of the consortia to apply for and receive the GAP award is required from all GAP-eligible member tribes. For purposes of determining intertribal consortia eligibility, a "GAP-eligible tribe" is any tribe that meets the definition of Indian tribal government (tribe) in 40 CFR 35.502. With each new or supplemental GAP grant application, an intertribal consortium must provide EPA with "adequate documentation" of: (1) the existence of the partnership between eligible tribal governments; and (2) authorization by all GAP-eligible member tribes for the consortium to apply for and receive the new or supplemental GAP grant. This documentation ensures clear communication between consortia and member tribes so that EPA is able to appropriately consider individual tribal needs and priorities when awarding GAP funds to intertribal consortia. As an example, tribal authorization may be provided by a tribal council resolution or other written certification from a duly authorized representative of each GAP-eligible member tribe. Applications that do not contain adequate documentation from all GAP-eligible tribes are incomplete. EPA will award GAP funds to help tribes accomplish their tribal environmental program development goals as outlined in their EPA-Tribal Environmental Plan (ETEP). To further this principle, intertribal consortia are advised to describe how their grant proposals support the program development goals outlined in the ETEPs developed by their GAP-eligible member tribes.

Federally Recognized Indian Tribal Governments and eligible Intertribal Consortia.

All prospective applicants should refer to the applicable program guidance for the Indian Environmental General Assistance Program, "2022 Indian Environmental General Assistance Program (GAP) Guidance on Financial Assistance Agreements, available at https://www.epa.gov/tribal/gap-guidance-financial-assistance-agreements, for detailed information on allowable activities and restrictions for use of GAP funds. The 2022 GAP Guidance provides criteria for the award and administration of GAP grants and applies to the work plans and budgets for all GAP assistance agreements. It reflects statutory and policy guidelines and contains binding requirements that govern the management and use of GAP funds. Activities eligible for funding under this program are those for planning, developing, and establishing capacity to implement federal environmental programs administered by the EPA and to assist in implementation of tribal solid and hazardous waste programs in accordance with applicable provisions of law, including RCRA. GAP financial support promotes tribal government efforts to develop core environmental program capacities (administrative, financial management, information management, environmental baseline needs assessment, public education/communication, legal, and technical/analytical) and capacities for media-specific programs (e.g., ambient air quality, water quality, managing waste, and other EPA-administered statutory programs). These assistance agreements provide the opportunity for the tribes to define and develop administrative and legal infrastructures; to conduct assessments, monitoring, planning, and other actions; and to undertake additional activities within a simplified administrative framework. GAP supports development of tribal environmental programs that foster compliance with Federal environmental statutes, thereby improving environmental and public health protection in tribal communities, and establish tribes' communications capability to work with Federal, State, local and other tribal environmental officials. As with many of EPA's grants to states and tribes, GAP grants may be combined with one or more other eligible EPA grant(s) into a Performance Partnership Grant for administrative savings and, with EPA concurrence, programmatic flexibility. Assistance agreement awards under this program may involve or relate to geospatial information. Geospatial information is information that identifies the geographic location and characteristics of natural or constructed features or boundaries on the earth, or applications, tools, and hardware associated with the generation, maintenance, or distribution of such information. This information may be derived from, among other things, GPS, remote sensing, mapping, charting, and surveying technologies, or statistical data. Further information regarding geospatial information may be obtained by viewing the following website: Geospatial Resources at EPA (https://www.epa.gov/geospatial).Assistance will be provided under this program only for activities that the Agency determines are appropriate to carry out the purposes of the Act. No single grant awarded under this program may be for an amount exceeding ten percent of the total annual funds appropriated under Section (h) of the Act. 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.

Award amount remains available until expended in accordance with the term of the award. The term of an award may exceed one year but may not exceed four years. The term of the grant shall be determined at the time of the grant award.

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

Applications are approved by the individual EPA regional offices according to applicant's ability to achieve the objectives outlined in Public Law 102-497; 40 CFR 35 Sub Part B (Environmental Program Grants for Tribes); 2022 Indian Environmental General Assistance Program (GAP) Guidance on Financial Assistance Agreements; the availability of funding; and a review of the applicant's proposed work plan and past performance.

EPA will review each application to determine the adequacy of the application in relation to EPA's grant regulations (2 CFR 1500), and applicable program regulations and guidance. Applications are reviewed by the appropriate Regional Office and, if approved, financial assistance is awarded by the Regional Administrator or his/her delegated official.

This varies by EPA region, but the typical timeframe is approximately 60 to 90 days after deadline for application submission.

In order to receive renewals, significant progress must be demonstrated. Renewals are subject to approval of EPA.

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