Each year more than 3,000 compliance issues on Indian lands are addressed under the National Environmental Policy Act and the National Historic Preservation Act. Over the past several years, cleanup and compliance activities have been initiated on over 100 sites, including underground storage tanks, solid waste disposal facilities, and oil wells. An average of 50 emergencies that have the potential to adversely impact trust resources and health and safety are responded to annually.

Uses and Use Restrictions

Use of these funds are two-fold.

One, they facilitate the Bureau's fulfilling statutory responsibilities: they are used to prepare Environmental Assessments (EA's); advise agency superintendents on environmental quality, waste disposal and cultural resource management; assist area offices in gathering information for EA's and Environmental Impact Statements (EIS's); review proposed actions to determine compliance with the National Environmental Policy Act (NEPA); and assist area offices in obtaining information for compliance with the National Historic Preservation Act and the Archeological Resources Protection Act.

Two, they are used for individual tribal projects that enhance or protect the local environment.

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Eligibility Requirements

Applicant Eligibility

Federally Recognized Indian Tribal Governments and Native American Organizations authorized by the Tribes.

Beneficiary Eligibility

Federally Recognized Indian tribes.

Credentials/Documentation

Initial application must be accompanied by a resolution of the governing body of the Indian tribe.

Aplication and Award Process

Preapplication Coordination

Informal preapplication conference is recommended.

Technical assistance in preparing the application is available upon request.

This program is excluded from coverage under E.O.

12372.

Application Procedures

Initial applications must contain the information specified in 25 CFR, Part 900, Subpart C, "Contract Proposal Contents." Completed applications should be submitted to the local BIA agency office listed in Appendix IV of the Catalog.

Award Procedures

The award is approved by the Director, Office of Facilities, Environmental and Cultural Resources, Indian Affairs.

Deadlines

None.

Authorization

Indian Self-Determination and Education Assistance Act, Public Law 93-638, as amended, 25 U.S.C. 450; Public Law 97-394, 96 Stat. 1976, 28 U.S.C. 2415; Indian Claims Limitation Act of 1982; Public Law 98-250; Public Law 96-487, 94 Stat. 2371, 16 U.S.C. 3101; Alaska National Interest Lands Conservation Act; Public Law 92-203, 106 Stat. 2112-2125, 43 U.S.C. 1601; Alaska Native Claims Settlement Act; 42 U.S.C. 4321, et seq.; National Environmental Policy Act; Solid Waste Disposal Act, 42 U.S.C. 6901-6992k; Resource Conservation and Recovery Act, Public Law 94-580; Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, 42 U.S.C. 9601- 9675; 16 U.S.C. 470; National Historic Preservation Act.

Range of Approval/Disapproval Time

Applications will be processed within 90 days.

Appeals

An unsuccessful applicant may request an informal conference with the deciding official or may appeal the denial of the application directly to the Interior Board of Indian Appeals, or may bring suit in U.S. District Court. Full appeal procedures are found in 25 CFR Part 900.

Renewals

For continuing, funded projects, awards may be renewed upon satisfactory performance by the contractor/grantee. A notice of intent to renew should be submitted at least 90 days prior to the expiration of the current award.

Assistance Considerations

Formula and Matching Requirements

None.

Length and Time Phasing of Assistance

Awards are made on an annual basis and the funds remain available until expended by the contractor/grantee. Payments may be made in advance or by way of reimbursement. The timing of payments will be negotiated with the grantee.

Post Assistance Requirements

Reports

Financial status reports, SF 269A, are required.

The timing and nature of program accomplishment data will be negotiated with the contractor/grantee.

Audits

For awards made under this program, grantees/contractors are responsible for obtaining audits. All nonfederal entities that expend $500,000 or more of Federal awards in a year ($300,000 for fiscal year ending on or before December 30, 2003) are required to obtain an annual audit in accordance with the Single Audit Act Amendments of 1996 (31 U.S.C. 7501 et.seq.), OMB Circular A-133, the OMB Circular Compliance Supplement and Government Auditing Standards. Nonfederal entities that expend less than $500,000 (for fiscal years ending after December 1, 2003) a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in OMB Circular A-133.

Records

Financial records must be retained for 3 years from the date of submission of the single audit report. Procurement records must be retained for 3 years from the date of final payment. Property records must be retained for 3 years from the date of disposition, replacement, or transfer. Records pertaining to any litigation, audit exceptions or claims must be retained until the dispute has been resolved.

Financial Information

Account Identification

14-2100-0-1-452.

Obigations

(Total Amount of Awards) FY 07 $4,500,000; FY 08 est $4,000,000; and FY 09 est $4,000,000.

Range and Average of Financial Assistance

$5,000 to $250,000; $25,000.

Regulations, Guidelines, and Literature

36 CFR 800 and 40 CFR 1500-1508.

Information Contacts

Regional or Local Office

Applications may be filed with the local Bureau of Indian Affairs agency office as listed in Appendix IV of the Catalog.

Headquarters Office

Office of Facilities, Environmental and Cultural Resources, Division of Environmental and Cultural Resources Management, Bureau of Indian Affairs, 2051 Mercator Drive, Reston, VA 20191. Contact: Kevin Tennyson. Telephone: (703)390-6437.

Criteria for Selecting Proposals

Proposals must provide the Bureau of Indian Affairs or the tribes with assistance on a current compliance issue; work must be consistent with conservation of trust resources; and applicant must have the experience and qualifications necessary to complete the technical aspects of the work.