[Federal Register Volume 64, Number 188 (Wednesday, September 29, 1999)]
[Notices]
[Pages 52503-52505]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-25421]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-6447-3]
Notice of EPA Policy Regarding Certain Grants to Intertribal
Consortia
AGENCY: Environmental Protection Agency.
ACTION: Notice of EPA policy regarding certain grants to intertribal
consortia.
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[[Page 52504]]
SUMMARY: In the absence of clear Congressional intent to the contrary
and in accordance with the definition and requirements set forth, EPA
interprets its statutory authorities to award grants to Indian tribes
to include the authority to award grants to intertribal consortia under
the following EPA grant programs for Indian tribes: Pesticides Program
Implementation (section 23(a)(1) of the Federal Insecticide, Fungicide,
and Rodenticide Act); Pesticides Enforcement (section 23(a)(1) of the
Federal Insecticide, Fungicide, and Rodenticide Act); Superfund
Cooperative Agreements (section 104(d) of the Comprehensive
Environmental Response, Compensation, and Liability Act); Leaking
Underground Storage Tanks (Departments of Veterans Affairs and Housing
and Urban Development, and Independent Agencies Appropriations Act,
1999); Underground Storage Tank Programs (Departments of Veterans
Affairs and Housing and Urban Development, and Independent Agencies
Appropriations Act, 1999); and Hazardous Waste Management Programs
(Departments of Veterans Affairs and Housing and Urban Development, and
Independent Agencies Appropriations Act, 1999.)
EFFECTIVE DATE: The effective date for this policy is September 29,
1999.
FOR FURTHER INFORMATION CONTACT: Charlene Dunn, phone (202) 260-9466,
Outreach and Special Projects Staff, Office of Solid Waste and
Emergency Response (Mail Code 5101), U.S. Environmental Protection
Agency, 401 M Street, SW, Washington, DC, 20460.
SUPPLEMENTARY INFORMATION: For information regarding applicability of
this policy to the following EPA grant programs for Indian tribes:
Superfund Cooperative Agreements (section 104(d) of the Comprehensive
Environmental Response, Compensation, and Liability Act); Leaking
Underground Storage Tanks (Departments of Veterans Affairs and Housing
and Urban Development, and Independent Agencies Appropriations Act,
1999, Publc Law 105-276, 112 Stat. 2461, 2497-98 (1998)); Underground
Storage Tank Programs (Departments of Veterans Affairs and Housing and
Urban Development, and Independent Agencies Appropriations Act, 1999,
Public Law 105-276, 112 Stat. 2461, 2499 (1998)); and Hazardous Waste
Management Programs (Departments of Veterans Affairs and Housing and
Urban Development, and Independent Agencies Appropriations Act, 1999,
Public Law 105-276, 112 Stat. 2461, 2499 (1998)). Contact Caren
Rothstein, phone (202) 260-0065, Office of Program Management
Operations, Office of Prevention, Pesticides and Toxic Substances (Mail
Code 7101), U.S. Environmental Protection Agency, 401 M Street, SW,
Washington, DC, 20460, for information regarding applicability of this
policy to the Pesticides Program Implementation grant programs for
Indian tribes: (section 23(a)(1) of the Federal Insecticide, Fungicide,
and Rodenticide Act). Contact Jack Neylan, phone (202) 564-2385,
Enforcement Planning, Targeting and Data Division, Office of
Compliance, Office of Enforcement and Compliance Assistance (Mail Code
2222A), U.S. Environmental Protection Agency, 401 M Street, SW,
Washington, DC, 20460, for information regarding applicability of this
policy to the Pesticides Enforcement grant programs for Indian tribes:
(section 23(a)(1) of the Federal Insecticide, Fungicide, and
Rodenticide Act).
With this notice, EPA announces its policy regarding the award of
financial assistance to intertribal consortia under the following EPA
grant programs for Indian tribes: Pesticides Program Implementation
(section 23(a)(1) of the Federal Insecticide, Fungicide, and
Rodenticide Act); Pesticides Enforcement (section 23(a)(1) of the
Federal Insecticide, Fungicide, and Rodenticide Act); Superfund
Cooperative Agreements (section 104(d) of the Comprehensive
Environmental Response, Compensation, and Liability Act); Leaking
Underground Storage Tanks (Departments of Veterans Affairs and Housing
and Urban Development, and Independent Agencies Appropriations Act,
1999, Public Law 105-276, 112 Stat. 2461, 2497-98 (1998)); Underground
Storage Tank Programs (Departments of Veterans Affairs and Housing and
Urban Development, and Independent Agencies Appropriations Act, 1999,
Public Law 105-276, 112 Stat. 2461, 2499 (1998)); and Hazardous Waste
Management Programs (Departments of Veterans Affairs and Housing and
Urban Development, and Independent Agencies Appropriations Act, 1999,
Public Law. 105-276, 112 Stat. 2461, 2499 (1998)). This policy is
effective immediately for the listed grant programs.
In a recent proposed rulemaking governing the award of
environmental program grants to tribes, EPA proposed awarding grants to
intertribal consortia under the specific grant programs covered by that
proposed rule, which will be promulgated as 40 CFR part 35, subpart B.
64 FR 40084 (July 23, 1999). This Federal Register notice sets forth
EPA's policy regarding grants to intertribal consortia for four grant
programs (Underground Storage Tank, Pesticides Program Implementation,
and Pesticides Enforcement grant programs) that are covered by the
proposed rule for 40 CFR part 35, Subpart B, prior to promulgation of
that rule. The Agency is implementing this policy at this time because
EPA has received applications for assistance from intertribal consortia
under these grant programs and EPA believes that entering into
assistance agreements with intertribal consortia under these grant
programs will further the goal of environmental protection in Indian
country. This notice also sets forth EPA's policy regarding grants to
intertribal consortia for Leaking Underground Storage Tank grants and
Superfund Cooperative Agreements under CERCLA section 104(d), which are
not covered by the proposed rule. The policy set forth in this notice
is consistent with the treatment of intertribal consortia in the
proposed rule.
EPA may change this policy as a result of comments received in
response to the proposed rule. When it is promulgated, the final rule
for 40 CFR part 35, subpart B will govern grants to intertribal
consortia for grant programs covered by that rule. This Federal
Register notice will remain effective for the Leaking Underground
Storage Tank program and the Superfund Cooperative Agreements program,
which will not be covered by 40 CFR part 35, subpart B, unless a
subsequent Federal Register notice is issued. However, if EPA changes
its treatment of consortia in grant programs covered by that rule, EPA
will likely issue a subsequent Federal Register notice on grants to
consortia for grant programs not covered by 40 CFR part 35, subpart B
so as to treat grants to intertribal consortia consistently in all of
the grant programs covered by this notice.
In the absence of clear Congressional intent to the contrary and in
accordance with the definition and requirements set forth below, EPA
interprets its statutory authorities to award grants to Indian tribes
to include the authority to award grants to intertribal consortia. If
tribes are eligible for a particular grant, EPA will also treat a group
of individually eligible tribes (an intertribal consortium) as eligible
for the grant. EPA believes this approach is a practical, reasonable
and prudent way to help interested tribes strengthen environmental
protection when limited funding is available to support tribal
environmental programs. Tribes that form an intertribal consortium may
be able to use their limited resources more efficiently and address
environmental
[[Page 52505]]
issues more effectively than they could if each tribe developed and
maintained separate environmental programs. Moreover, EPA believes that
making grants for tribes available to intertribal consortia is
consistent with President Clinton's Executive Order 13084, which
encourages agencies to adopt ``flexible policy approaches'' and to
respect the principle of Indian self-government and sovereignty.
An organization that characterizes itself as an intertribal
consortium that does not meet the definition of intertribal consortium
or the eligibility requirements in this notice may be eligible for some
EPA grant programs, but not as an intertribal consortium. This is
because some of EPA's grant programs are available to a broad range of
recipients, such as public or non-profit private agencies,
institutions, organizations, and individuals. Thus, an intertribal
organization that does not meet the definition of intertribal
consortium or the requirements of this notice nonetheless may be
eligible for a grant as another type of organization, such as a non-
profit agency. This notice is not intended to affect the eligibility
status of intertribal consortia for grants in their capacity as other
types of eligible organizations.
II. Policy
The following definition and statement of eligibility requirements
for awarding grants to intertribal consortia applies to the following
EPA grant programs for tribes: Pesticides Program Implementation
(section 23(a)(1) of the Federal Insecticide, Fungicide, and
Rodenticide Act); Pesticides Enforcement (section 23(a)(1) of the
Federal Insecticide, Fungicide, and Rodenticide Act); Superfund
Cooperative Agreements (section 104(d) of the Comprehensive
Environmental Response, Compensation, and Liability Act); Leaking
Underground Storage Tanks (Departments of Veterans Affairs and Housing
and Urban Development, and Independent Agencies Appropriations Act,
1999, Public Law 105-276, 112 Stat. 2461, 2497-98 (1998)); Underground
Storage Tank Programs (Departments of Veterans Affairs and Housing and
Urban Development, and Independent Agencies Appropriations Act, 1999,
Public Law 105-276, 112 Stat. 2461, 2499 (1998)); and Hazardous Waste
Management Programs (Departments of Veterans Affairs and Housing and
Urban Development, and Independent Agencies Appropriations Act, 1999,
Public Law 105-276, 112 Stat. 2461, 2499 (1998)).
Definition: The term intertribal consortium means a partnership
between two or more Tribes that is authorized by the governing
bodies of those Tribes to apply for and receive assistance under an
EPA grant program. An intertribal consortium must have adequate
documentation of the existence of the partnership and the
authorization to apply for and receive assistance.
Eligibility Requirements for an Intertribal Consortium: An
intertribal consortium is eligible to receive a grant from EPA under
the statutes authorizing grants to Indian tribes listed in this
notice only if the intertribal consortium demonstrates that all
members of the consortium (1) meet the eligibility requirements for
the grant and (2) authorize the consortium to apply for and receive
assistance.
Dated: September 24, 1999.
Michael H. Shapiro,
Acting Assistant Administrator, Office of Solid Waste and Emergency
Response.
[FR Doc. 99-25421 Filed 9-28-99; 8:45 am]
BILLING CODE 6560-50-U
