Indian Environmental General Assistance Program (GAP)

Objective

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 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 the Solid Waste Disposal Act (commonly known as the Resource Conservation and Recovery Act, or RCRA). See the Indian Environmental General Assistance Program Act of 1992 (42 U.S.C. §4368b). EPA administers this program in accordance with the statute, applicable federal regulations, including 40 CFR part 35, subpart B (Environmental Program Grants for Tribes), and national guidance, including the 2022 Indian Environmental General Assistance Program (GAP) Guidance on Financial Assistance Agreements (referred to as GAP Guidance). EPA’s 2022 GAP Guidance provides a consistent national framework for building tribal environmental program capacity under GAP and is designed to improve the management of GAP resources. The 2022 GAP guidance reflects statutory and regulatory requirements, including binding requirements and federal policies, that address how GAP funds are used and managed.

Who Can Apply

• Federally Recognized Indian/Native American/Alaska Native Tribal Government

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.

Who Benefits

Federally Recognized Indian Tribal Governments and eligible Intertribal Consortia.

Assistance Types

• Grant

Program Contact

berrios.lisa@epa.gov
202-564-1739