[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