OFFICE OF INTERNATIONAL AND
TRIBAL AFFAIRS
National Program Manager Guidance
F iscal Year 2018-2019
Draft - June 2017
NSCEP Number - 190F17001

-------
Office of International and Tribal Affairs FY 2018-2019 NPM Guidance
CONTENTS
I.	INTRODUCTION	2
II.	KEY PROGRAMMATIC ACTIVITIES	3
TRIBAL PROGRAM - STRENGTHENING HUMAN HEALTH AND THE
ENVIRONMENT IN INDIAN COUNTRY	3
Implementation of Federal Environmental Programs	3
Tribal Capacity Building	4
Implementation of EPA's Policy on Consultation and Coordination with Indian Tribes .. 4
INTERNATIONAL PRIORITIES- STRATEGIC APPROACH TO ENGAGEMENT WITH
GLOBAL PARTNERS	5
Reduce Transboundary Pollution	5
Advance U.S. Interests Abroad	5
Promote Good Environmental Governance	6
APPENDICES	7
Appendix A: FY 2018 NPM Guidance Measures	7
Appendix B: Grants Guidance-Implementation of the Indian Environmental General
Assistance Program (GAP)	7
Appendix C: Point of Contact for More Information	7
1

-------
Office of International and Tribal Affairs FY 2018-2019 NPM Guidance
I. INTRODUCTION
The Office of International and Tribal Affairs (OITA)'s NPM Guidance (NPG) describes how the
Environmental Protection Agency (EPA) will work to protect human health and the environment
by advancing U.S. national interests through international collaboration and strengthening EPA
and federally recognized Indian tribe (tribe) implementation of environmental programs in Indian
country.
This Guidance addresses both the Tribal and International Programs and provides direction to the
Agency on programmatic priorities for FY 2018-2019 consistent with the FY 2018 President's
Budget. Our tribal and international partnerships extend to all aspects of the Agency's work and
involve every NPM and Region. The guidance is a guide, not a comprehensive compendium of
activities and requirements. OITA works collaboratively to identify priorities, assuring alignment
with national and international priorities. Specific expectations and deliverables will be established
through negotiations in grant agreements between EPA regions and tribes.
OITA plays a crucial role in advancing the Agency's relationship and environmental priorities
with sovereign nations outside the United States and tribes within the United States. Working
with leaders and experts from EPA's program and regional offices, other government agencies,
tribes, foreign governments, and international organizations, OITA identifies international
environmental issues that adversely affect the United States and helps implement technical and
policy options to address such issues. OITA ensures that EPA protects human health and the
environment in Indian country in the United States according to principles established through
federal Indian law, as outlined in EPA's 1984 Policy for the Administration of Environmental
Programs on Indian Reservations (1984 EPA Indian Policy).1
The EPA Overview to the NPM Guidances communicates agency-wide information as well as
other applicable requirements critical to effective implementation of EPA's environmental
programs for FY 2018 and FY 2019 and should be reviewed in conjunction with this Guidance.
The Overview is available at: https://www.epa.gov/planandbudget/national-program-manager-
guidances.
1 Available at https://www.epa.gov/sites/production/files/2015-04/documents/indian-policY-84.pdf.
2

-------
Office of International and Tribal Affairs FY 2018-2019 NPM Guidance
II. KEY PROGRAMMATIC ACTIVITIES
TRIBAL PROGRAM - STRENGTHENING HUMAN HEALTH AND THE
ENVIRONMENT IN INDIAN COUNTRY
The 1984 EPA Indian Policy provides the framework for EPA's relationship with federally
recognized Indian tribes (tribes) and identifies the mechanisms EPA will use to implement
environmental programs in Indian country under federal environmental laws. EPA will continue
to embrace the principles found in the 1984 EPA Indian Policy and work to incorporate the
principles into the media-specific priorities, goals, and measures that EPA implements. This
approach helps EPA ensure that tribes have the opportunity to build the capacity to implement
programs on their own and/or meaningfully participate in the Agency's policy making, standard
setting, and direct implementation activities under federal environmental statutes that may affect
their tribal interests.
Furthermore, EPA will continue to work with individual tribes to develop and implement an EPA-
Tribal Environmental Plan (ETEP), which supports the 1984 EPA Indian Policy by setting the
stage for stronger environmental and human health protection in tribal communities. ETEPs are
jointly developed documents outlining how the EPA and each tribe will work together to protect
human health and the environment for that tribe's lands within the context of EPA programs.
Assessing the needs and priorities of each tribe allows for a focused government-to-government
discussion on actions to meet short-term and long-term tribal program development milestones.
This joint planning process also identifies areas where EPA may need to prioritize its work and
resources for that particular tribe, given the tribe's own priorities, environmental protection needs,
and available resources, to carry out EPA's direct implementation responsibilities. By using
ETEPs to identify priorities and then map how and when the priorities will be addressed and by
whom, EPA and tribes can then work together to identify technical and other resources that may
be necessary to implement the ETEP.
Implementation of Federal Environmental Programs
EPA will continue to work directly with tribes to achieve implementation of federal environmental
programs in Indian country. This is achieved in several ways under Agency authorities:
•	EPA direct implementation refers to activities performed directly by EPA to implement federal
environmental laws. In general, unless and until a tribal government has assumed full
responsibility for a delegable program, the applicable federal environmental regulatory
programs are directly implemented by EPA in Indian country;
•	Tribal implementation occurs when the federal program is implemented by the tribe itself. This
occurs after a formal process of program delegation, approval, or authorization from EPA to
the tribe authorizing the tribe to implement the federal environmental program;
•	EPA uses Direct Implementation Tribal Cooperative Agreements (DITCAs), where
appropriate, to provide opportunities for tribes to assist in EPA direct implementation by
performing EPA program implementation activities; and
•	Tribes are encouraged to participate in policy-making and to assume, if available, appropriate
roles in the implementation of programs. For example, tribes may play a role in helping to
3

-------
Office of International and Tribal Affairs FY 2018-2019 NPM Guidance
ensure compliance by regulated entities, including through information distribution,
identification of regulated entities, providing tips and complaints, and compliance
assistance/assurance support.
EPA works to ensure national environmental programs are as effective in Indian country as they
are throughout the rest of the Nation. A continuing emphasis on ensuring federal program
implementation in Indian country is the highest priority of the EPA tribal program and the most
proactive manner in which the Agency acts to protect human health and the environment for tribes.
Tribal Capacity Building
EPA provides resources and technical assistance to tribes to create and maintain effective
environmental program capacity. OITA coordinates across EPA's national programs to ensure
effective delivery of tribal capacity building programs. Tribal capacity building includes:
•	Developing and maintaining core environmental program capacities;
•	Engaging with the tribes to negotiate ETEPs that reflect short-term and long-term goals for
developing, establishing, and implementing environmental and human health protection
programs; and
•	Developing baseline capacities for media-specific environmental protection programs that are
identified in the jointly developed ETEP for the tribe.
To assist tribes participating in, and receiving program delegation, approval or authorization to
implement of federal environmental programs, tribes receive a variety of financial and technical
assistance from EPA including the Indian Environmental General Assistance Program (GAP).2
GAP is the largest of EPA's tribal grant programs. EPA provides GAP grant funds to assist tribes
in planning, developing, and establishing the capacity to implement federal environmental
programs administered by the EPA. OITA remains committed to using GAP resources to assist in
building tribal capacity to implement delegable federal programs. For more information about
GAP, see Appendix B of this NPG. DITCAs can also assist in tribal capacity building by providing
an opportunity for tribes to engage in implementation activities.
Implementation of EPA's Policy on Consultation and Coordination with Indian Tribes
The EPA Policy on Consultation and Coordination with Indian Tribes (Consultation Policy)3
states that EPA will "consult on a government-to-government basis with federally recognized
tribal governments when EPA actions and decisions may affect tribal interests." EPA tribal
consultation efforts include discussions of tribal treaty rights and treaty-covered resources in
accordance with the EPA Policy on Consultation and Coordination with Indian Tribes: Guidance
for Discussing Tribal Treaty Rights. EPA makes consultation opportunities available on the Tribal
Consultation Opportunities Tracking System (TCOTS) available at http://tcots.epa.gov.
2	For more information, see https://www.epa.gov/tribal/indian-environmental-general-assistance-program-gap.
3	Available at https://www.epa.gov/sites/production/files/2013-Q8/documents/cons-and-coord-with-indian-tribes-
policv.pdf.
4

-------
Office of International and Tribal Affairs FY 2018-2019 NPM Guidance
EPA Assistant Administrators and Regional Administrators implement EPA's Consultation Policy
and ensure it is appropriately implemented for actions in their respective offices.
INTERNATIONAL PRIORITIES- STRATEGIC APPROACH TO
ENGAGEMENT WITH GLOBAL PARTNERS
The primary purpose of EPA's international program is to protect human health and the
environment by working with other countries and international organizations to address global
environmental problems and risks. To achieve our domestic environmental and human health
objectives, work with international organizations is essential to successfully address transboundary
pollution adversely impacting the United States. Strengthening environmental protection abroad
so that it is on par with practices in the United States helps build a level playing field for industry
while supporting foreign policy objectives outlined by the White House, the National Security
Council, and the Department of State. This is accomplished by focusing on USG international
priorities and key strategies, regions, and countries, as well as multilateral efforts. OITA works
with NPMs and Regional Offices to formulate U.S. international policies and to implement EPA's
international programs that provide policy and technical assistance to other countries. OITA will
continue to link anticipated and achieved outcomes to the Agency's Strategic Goals. In FY 2018-
2019, OITA will strengthen its focus on prioritizing, allocating resources, and managing assistance
agreements to advance the Agency's Strategic Goals and international priorities while maximizing
limited resources most effectively and efficiently.
Reduce Transboundary Pollution
Pollution does not stop at national borders. Transboundary flows of pollutants occur between the
United States, Mexico, and Canada. EPA works with its immediate neighbors through the North
America Commission for Environmental Cooperation (CEC). In addition to working with key
countries bilaterally, EPA works to address global and international flows and sources of pollution
through various international forums. This work addresses atmospheric mercury, emissions from
maritime transport, persistent organic pollutants, and Arctic contaminants.
•	EPA will continue technical and policy assistance for global and regional efforts to address
international sources of harmful pollutants, such as mercury. Because 70% of the mercury
deposited in the U.S. comes from global sources, both domestic efforts and international
cooperation are important to address mercury pollution.
•	EPA will continue to work with international partners and key countries to fully implement
obligations under the Minamata Convention on Mercury in order to protect the U.S.
population from mercury emissions originating in other countries.
•	The EPA will contribute to the CEC, which provides regional and international leadership
to advance environmental protection, human health and sustainable economic growth with
our closest neighbors Mexico and Canada.
Advance U.S. Interests Abroad
OITA protects human health and the environment while advancing U.S. national interests through
international environmental collaboration. Working with the experts from EPA's other programs
and regional offices, other government agencies, and other nations and international organizations,
5

-------
Office of International and Tribal Affairs FY 2018-2019 NPM Guidance
OITA identifies international environmental issues that adversely impact the United States and
helps to design and implement technical and policy options to address them. Environmental
protection improves lives in the United States by reducing transboundary pollution and levels the
playing field for U.S. industry by raising environmental standards abroad. Environmental
cooperation with partner countries can advance U.S. goals on environmental challenges such as
marine litter, air pollution and mercury. This work also protects Americans as they are exposed
to toxins in food products, pesticides, and other goods that are traded globally.
•	EPA will engage with key priority countries like China to address air pollution that
contributes significant pollution to the domestic and international environment. For
example, China is implementing national air quality monitoring, planning and control
strategies with advice and lessons learned from the United States. Environmental policies
adopted and implemented in China will improve competitiveness for U.S. businesses, drive
demand for U.S. emissions control technologies, and expand exports of U.S. environmental
goods and services to China.
•	EPA will engage with Canada and Mexico to achieve a consistent North American
approach to reducing emissions of air pollutants (i.e., SOx, NOx, PM, etc.) from marine
vessels through the implementation of MARPOL Annex VI in Mexico, the adoption of a
Mexican Emissions Control Area (ECA), and building Mexico's compliance and
enforcement capacity required for MARPOL Annex VI and the ECA. This work will
achieve the desired emissions reductions that is estimated to save 20,000 lives per year in
Mexico while greatly improving air quality in U.S. airsheds.
Promote Good Environmental Governance
Countries need strong institutional structures to develop sound environmental policies and enforce
environmental protections. EPA will engage with countries to build capacity for good governance,
including judicial and legal frameworks and public participation approaches. OITA coordinates
with EPA's Office of Enforcement and Compliance Assurance and Office of General Council in
conducting trainings, hosting study tours, and managing bilateral programs on good governance.
Governance issues span environmental media. OITA will coordinate with NPMs and regions in
promoting good environmental governance policies internationally.
•	Through existing agreements with the China Ministry of Environmental Protection,
Indonesia Ministry of Environment, and Environmental Protection Agency of Taiwan,
EPA will strengthen environmental governance frameworks such as environmental impact
assessments, environmental law and enforcement; develop effective environmental
information management structures; and build regional expert networks and advance
regional knowledge.
6

-------
Office of International and Tribal Affairs FY 2018-2019 NPM Guidance
APPENDICES
Appendix A: FY 2018 NPM Guidance Measures.
OITA continues efforts to develop GAP measures that track tribes' progress in developing and
implementing environmental programs in Indian country. EPA also internally tracks tribal
consultation and EPA direct implementation activities in Indian country and will continue to
look for opportunities to track progress under the new EPA strategic plan.
Appendix B: Grants Guidance-Implementation of the Indian Environmental
General Assistance Program (GAP)
GAP is the primary resource to support the development of tribal environmental programs and
tribes' implementation of solid and hazardous waste programs in accordance with the Solid
Waste Disposal Act. Following extensive consultation and coordination with tribal governments,
OITA released the Guidance on the Award and Management of General Assistance Agreements
for Tribes and Intertribal Consortia. (GAP Guidance) in May 2013, which supersedes prior GAP
guidance. Consistent with the GAP Guidance, substantive changes to the program management
are ongoing, including the identification of short-term and long-term indicators of tribal
environmental program capacity and the development of ETEPs. ETEPs support a range of core
EPA and tribal environmental and public health program priorities, including aligning GAP work
plan activities with short and long-term goals and priorities. The fundamental concept of joint
planning was originally developed by the first EPA Tribal Operations Committee (NTOC) in
1994 in coordination with the National Tribal Caucus of the NTOC.
The GAP Guidance enhances the EPA-tribal partnership by using ETEPs for joint strategic
planning, documenting mutual responsibilities for program development and implementation,
targeting resources to build tribal environmental program capacities, and measuring environmental
program development progress over time. ETEPs should link to GAP workplans, including those
in Performance Partnership Grants, by identifying which environmental protection program
capacity indicators a tribe intends to establish and a general time line for establishing them. The
GAP Guidance provides a good starting point for tribes and EPA in the identification of
appropriate indicators for any particular tribal program being developed. The GAP Guidance and
the development of ETEPs ensure the effective implementation of GAP and the fundamental
concepts embodied in the 1984 EPA Indian Policy.
Appendix C: Point of Contact for More Information
Contact Name
Subject Area
Phone
Email
Janice Sims
International
(202) 566-2892
Sims.JaniceHQ@epa.gov
Rebecca Roose
Indian GAP Grants
(202) 566-1387
Roose.Rebecca@epa.gov
Mike Weckesser
OITA Planner
(202) 564-0324
Weckesser.Mike @epa.gov
7

-------