Office of Inspector General
Briefing Report
Increased Region 8
Involvement Would Improve
Tribal Program Results
Report No. 100370-2002-1-000100 March 29, 2002
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Inspector General Resource Center
Conducting the Audit: Central Audit and Evaluation Resource Center
Denver, Colorado Office
EPA Region Covered: Region 8
Program Offices Involved: Tribal Assistance Program
Grants, Audit, and Procurement Program
Audit Conducted by: Larry Dare
Thomas Herrod
Cover:
The illustration is part of an EPA poster that depicts Tribes'
sovereign right to protect the water, land, and air. The cover
illustration represents air.
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
OFFICE OF INSPECTOR GENERAL
CENTRAL AUDIT AND EVALUATION RESOURCE CENTER branch offices:
901 NORTH 5TH STREET 1445 Ross Avenue, Suite 1200
KANSAS CITY, KANSAS 66101 Dallas, Texas 75202-2733
913-551-7878 214-665-6621
FAX: 913-551-7837 FAX: 214-665-6589
March 29, 2002 999 18th Street Suite 300
Denver, Colorado 80202-2405
303-312-6872
FAX: 303-312-6063
MEMORANDUM
SUBJECT: Briefing Report: Increased Region 8 Involvement Would Improve Tribal Program
Results
Briefing Report No. 100370-2002-1-000100
FROM: Jeff Hart
Branch Manager
Denver Office
TO: Jack McGraw
Acting Regional Administrator
EPA Region 8
This is our briefing report titled Increased Region 8 Involvement Would Improve Tribal Program
Results. As you know, we held a briefing with you and your staff on March 25, 2002. We have made
changes to the draft briefing report we sent you on February 15, 2002, based on your comments during
our briefing and on your written response. A copy of the presentation slides is included as Appendix I
and your complete response is included as Appendix II.
We recently issued separate financial audit reports for each of the four Tribes we audited (Northern
Cheyenne, Rosebud, Crow, and Lower Brule). See Appendix III for report titles, numbers, and dates.
This report presents our performance audit findings and recommendations for Region 8 based on our
audits of those four Tribes.
Action Required
In accordance with Environmental Protection Agency (EPA) Order 2750, you, as the action official,
are required to provide this office with a proposed Management Decision within 90 days of the report
date. For corrective actions planned but not yet completed, providing a corrective action plan with
specific milestone dates will assist us in deciding whether to close this report.
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Increased Region 8 Involvement
Would Improve Tribal Program Results
We have no objection to the release of this report to any member of the public. This report contains
findings that the Office of Inspector General (OIG) has identified and corrective actions OIG
recommends. This report represents the opinion of OIG and the findings in this report do not
necessarily represent the final EPA position. Final determinations on matters in this report will be made
by EPA managers in accordance with established EPA audit resolution procedures.
Findings
Although Region 8 has taken some important steps to help Tribes comply with grant requirements
during the last several years, three of the four Tribes we visited had difficulty supporting costs claimed
and managing their environmental grants during the period covered by our audit (1996 through 2000).
The Region has recently taken some additional positive, proactive steps to help Tribes improve
performance and has shown a willingness to take strong steps when it deems necessary. Even so, three
of the four Tribes we visited had difficulty managing their environmental grants.
Region 8's positive, proactive steps have included improving communication with and support for some
Tribal environmental staff, raising performance issues with Tribal Chairpersons, holding its third annual
training session for Tribal grant managers, and conducting 24 on-site reviews during the past 6 years.
The Region has also taken strong steps to bring Tribes into compliance with grant requirements. The
Region has withheld grant payments for some grants, terminated four grants, demanded repayment of
grant funds, designated two Tribes as high risk, and required one Tribe to implement a financial
management action plan.
However, three of the four Tribes we visited still had significant internal control and accounting system
weaknesses, did not always comply with grant regulations, and did not consistently accomplish grant
objectives. We questioned approximately $1.37 million of the approximately $1.97 million we audited
primarily for three reasons: (1) Tribal accounting systems could not produce a complete, accurate list
of costs charged to the grant, (2) Tribal payroll systems did not meet Office of Management and
Budget Circular A-87 requirements, and (3) Tribes could not support costs claimed. Generally, three
of the four Tribes we visited did not file required financial and program progress reports timely, two
Tribes did not understand or did not follow recipient match requirements, and two Tribes used General
Assistance Program grant funds inappropriately. Additionally, some programs did not fully accomplish
grant objectives. For example, one Tribe's General Assistance Program coordinator completed the
Tribe's water project but charged her time to the General Assistance Program grant; another Tribe
produced no final product under its General Assistance Program; and a third Tribe hired and paid a
General Assistance Program coordinator who was not physically present at the reservation and
produced virtually no work.
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Increased Region 8 Involvement
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Recommendations
We recommend that the Acting Regional Administrator, Region 8:
1. Continue to actively participate with the National EPA Grants and Debarment Tribal
workgroup to develop an EPA/Tribal compliance or review guide for Management Assistance
Program reviews that provides a comprehensive approach to assessing Tribal grant
management capabilities to help improve Tribes':
A. Accounting skills and accounting systems,
B. Record keeping systems (to support costs claimed on environmental grants),
C. Understanding of grant requirements, and
D. Compliance with grant requirements.
2. Continue to actively participate with the National EPA Grants and Debarment Tribal
workgroup to formulate a strategy to address long-standing, systemic issues associated with
Tribal grant management.
3. Continue to work with the Tribes to help improve their:
A. Ability to identify, hire, and train a more skilled workforce;
B. Understanding and appreciation of the value of strong internal controls; and
C. Understanding of the value of a more organized environmental department management
structure.
4. Develop an approach to address noncompliance on program reporting requirements including
the possibility of not making new grant awards until the grantee achieves compliance.
5. Regularly review sources of information such as other agencies' high risk designations and
Tribes' single audits to help identify Tribes that would benefit most from assistance.
6. Continue to take appropriate actions when grant requirements are not met, including grant
termination and designating grantees as high risk.
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Report No. 100370-2002-1-000100
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Increased Region 8 Involvement
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Agency Comments and OIG Evaluation
Region 8 generally agreed with our findings and recommendations. Regional staff provided additional
information regarding actions the Region has taken to help improve Tribal grants management and
actions taken when Tribes are unable to comply with grant requirements. Region 8 and EPA Grants
and Debarment managers offered suggestions that, if implemented, we believe will benefit Tribes
nationally as well as in Region 8. The Region also committed to continue its ongoing training and
oversight programs.
Based on the Region's comments, we modified our report and the accompanying briefing slides where
appropriate. Specifically, we added additional examples of best practices and strong actions taken by
Region 8 to improve Tribal grants management and protect EPA grant funds. We also modified our
recommendations to recognize Region 8's participation on the National EPA Grants and Debarment
Tribal workgroup and the Region's willingness, through the workgroup, to help address longstanding,
systemic Tribal grants management issues by soliciting the help of other Federal agencies.
Objectives
Our overall objective was to determine the validity of allegations regarding the effectiveness of the
Region's and Tribes' grants management. Specifically, our performance audit objectives were to
answer the following three questions:
Are Tribes' internal/management controls sufficient to provide reasonable assurance
that assets are protected?
Have Tribes substantially complied with legal and grant requirements?
Have the completed projects accomplished the objective(s) for which grant funds were
awarded?
Scope and Methodology
We initiated this review as a result of a December 7, 1999, anonymous letter addressed to the EPA
Region 8 Regional Administrator alleging grant mismanagement and other issues in the Regional Tribal
program. With Region 8's support, we reviewed allegations in that letter as well as OIG hotline
complaints regarding the Region's Tribal program. We conducted our audit in accordance with
Government Auditing Standards, issued by the Comptroller General of the United States.
We reported on the legality of Region 8's Tribal Assistance Program grant awards and the Tribal
Assistance Program's internal management in our September 29, 2000 report, Increased Focus on
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Increased Region 8 Involvement
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Grant Management and Internal Relationships Would Improve Region 8's Tribal Assistance Program
(Report No. 2000-P-000615-00021).
To accomplish our objectives, we audited grants at four Tribes. We selected these Tribes because each
had significant and meaningful involvement with EPA programs, their past performance indicated they
would benefit from an audit, and each Tribe had recently closed grants. We audited grants covering
the period 1996 through 2000. We conducted our fieldwork between March 2001 and March 2002.
For each transaction we selected to test, we reviewed data from the Tribe's accounting system and
supporting documentation. We discussed the Tribe's management system with Tribal environmental
and accounting staff. We also interviewed program staff at each Tribe.
If you have any questions, please call me at (303) 312-6169 or Larry Dare at (303) 312-6969. Please
refer to report number 100370-2002-1-000100 on all correspondence.
Appendices
Appendix I: Briefing Slides
Appendix II: Region 8 Response
Appendix III: Tribal Financial Audit Reports Issued
Appendix IV: Distribution
5 Report No. 100370-2002-1-000100
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Increased Region 8 Involvement
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Increased Region 8 Involvement
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Appendix I
Brjefin^SMdes
Increased Region 8 Involvement
Would Improve Tribal Program
Results
-J
*:• ()fticc of Inspector (ieneraf (OfG)
* Central Audit, and Fi\akmtioti Resource Center -
Denver Office
~ Region ft Grants. Audit, and Procurement
Program
~ Region 8 "Tribal Assistance Program |TAP|
March 25, 2002
LP A Offices Involved
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Increased Region 8 Involvement
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^BjlefhigJSMdes^
Appendix I
Purpose
~ In Response to a December 7, 1990 Allegation
l.eiter We Reviewed:
Phase 1
«> I epKty of f MJ Giant Award*
Phase U
~ TAP Internal Maiwiiar.eml
Pham III
-> liifeai k:0ViromuerU.il I'rognsnt Mar.asictwettE and
lApcndHunjN
.««»»¦ K I
Phase ill Financial Scope and
Methodology
<* 1 Vibes Veiled
~> Northern Cheyenne - Match 8-12, 2001
* €row - March 15 -1 ti, 2001
~ Lower Bruit;" - April 2-6. 200!
*> Rosebud - April "M)A!ay 4, 20(31
~ Period Audits Covered; fiseals 1996-2000
~ Number of Grams Audited: II
~ Total Dollar Value of Grants: $1,969,858
Report No. 100370-2002-1-000100
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Increased Region 8 Involvement
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Appendix I
Phase III Financial Scope and
Methodology (eont.)
*;* Judgmental Transaction Testing
~ In Accordance with (ioverornem Auditing
Standards
Phase 111 Ficldwork Conducted March 2001 -
March 2002
Phase III Briefing Report Distribution
•> Region K Regional Administrator and Stall
~ Office of Inspector (jeneral Staff
! <• FPA I headquarters Staff
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Increased Region 8 Involvement
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Appendix I
Reporting
~ Phase I and Phase II Reported September 2% 2000
~ Phase HI Financial Reports
Northern Cheyenne-Mirth 5, 2Utt2
o Rase hud March 1V. 2002
•? tViiu-March 2?, 2002
¦> l ender Brule-March 29; 2002
<~ Phase 111 Briefing Report
~ Briefing-March 75. 2002
~ Memorandum to Acting Region 8 Administrator
Phase J and II Conclusions
Increased Focus on Grant Management ami
Internal Relationships Would Improve Region S's
Tribal Assistance Fragrant, September 29, 2000
* Region 8 Chose to Focus Its Tribal Program on
External Relationships and Policy Development
•I* Region $ Legally Awarded Tribal Grants, but Grant
Management Needed improveroeiil
<* Jsmbalaueed Tribal Program Management Focus
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Increased Region 8 Involvement
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Appendix I
Briefing Slides (continued)
Phase III Per fori nance Objectives
•> Arc Tribes' 1 nicrnu i /M a n ay c m cn I Controls Sulfuicnt to
I'rov idc Reasonable Assurance That Assets Are Protected?
•> Have Tribes Substantially Complied With Legal ami
Grant Requirement
-i* Have the Completed Projects Accomplished the
Objcctlvc( s) tor Which Grant Funds Were Awarded?
Phase III Performance Scope &
Methodology
~ December 7, ici99 A1 legation l etter
~ September 29, 2000 Report
~ Four Financial Reports
~ Four Tribes Selected:
~ Significant In vehement vulb 11 PA Programs
Past Performance
~ Rcccntlv Closed Grants
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Increased Region 8 Involvement
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Appendix I
Findings
~ Insufficient Internal'Management Controls
~ Internal Control Weakness
~ Accounting System Weakness
~ Grant/Legal Requirement Not Consistently Met
~ Projects Did Not Consistently Accomplish Their
Objectives
Lack of Meaningful, 1 uruiy Progress Reports
*> Other
Weak Controls
¦§* One Tribe Had Good Controls
~ Three Tribes Need Improvement
* Tribal Management Issues
f Lack of Ovmight
*>Nu Ck*ru t.uic of A'.rhonL>
¦t-Suff ConipctetwMCh 1 ;rx!cr-Dt:veIy|x\l
~ Program:; Did Not Focus on Rrsu!ts
importance of a Good Control Program Needs to Be
Rcctiitni/ed
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Increased Region 8 Involvement
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Briefing Slides (continued)
Appendix I
Causes oi' Weak Controls
~ Lack of Understanding of What Good Internal
Control* Arc
~ Lack of Appreciation of the Benefit of Controls
~ Inadequate Accounting Knowledge/Skills
~ Lack of Appreciation of the Need for a More
Organ i"/ed Management Structure
~ Region 8 Did Not Provide trough Technical
Assistance
Accounting System Weaknesses
•> Otic Tribe Had Consistent and Order! \ System
Thiee I t -l>es Had Vaivinir Decrees of' Inadequate
Structure Willi in Aecouimiie System
•:* i hree Tribes Had Inunisistcnl Supporting I )ncuri)ent.itK>n
»;« 1 Staff Could Nv-t I- e iid Supporting Docurnrnrjsfion
¦> Suppomnu DovUiwniulion Did N'oi Include AM
Nifceswiy to t intUTsidiiJ How Cost \fcas Allocated *o (ireri
•!' Tribal S'.art'llid K'o« -Mcquindr. Donirm-m Ali Jtvrrnal
Vouchers Hid Adjjstir.cnts
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Appendix I
Briefing Slides (continued)
Account tut: System Weaknesses
(CO lit.)
~ Accounting System Inadequate - Should Be
Capable of Maintaining Accurate/Separate
Accounting for All Grants
* Shifting of Money from Different Grants and
Between Budget Items Caused Contusion
Accounting System Weaknesses
•> Lack of Understanding of Federal Grant
| Requirements for an Adequate Accounting System
i
* Iiiadequate Record-keeping Systems
* Inadequate Accounting Skills and Systems
I *
* TAP Did Not Consider )• in uncial 1 echnical
Assistance as Part of"Their Responsibilities
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Appendix I
Briefing Slides (continued)
Grant Legal Requirements Not
Consistently Met
~ Payroll Systems Diet Not Meet OMB Circular
V" W
A-K7 Requirements
~ One Tribe Awarded Contract Inappropriately at
Region's Direction
[ ~ General Assistance Program tGAP) Gr;mt Used
Inappropriately
Causes of Not Meeting Requirements
~ Lack of Familiarity With or Knowledge of Federal
Grant') ,epal Requirements
* Lack of Appreciation of the Need to Meet
Grant/Legal Requircmenis or Consequences of Not
Meeting Them
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Increased Region 8 Involvement
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Appendix I
Briefing Slides (continued)
m mi 'iifmi'i'iF,
Causes of Not Meeting Requirements
(eont.)
~ Region 8 Kncoiirages' Tribes to Stretch Limits of
GAP Funding Beyond What is Allowed
~ Region 8 Did Not Provide Adequate Technical
Assistance
T»!^d'¦nwitIII IIIIPII'H >i)j
Projects Did Not Consistently
Accomplish Their Objectives
~ One Tribe's Reports Were Meaningful, Timely.
and Indicated Project Objectives Were Achieved
<* Three Tribes Lacked Adequate Progress Re pons
Contributing to Non or Untimely Achievement of
Some Objeelives
•> Lack of Meaningful Content
•;» Not Meeting Deadline tlx Program Performance
Reports
* Inconsistent Progress Reporting
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Report No. 100370-2002-1-000100
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Increased Region 8 Involvement
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Briefing Slides (continued)
Appendix I
mmmmrn
le. Untimeiv
Causes (if Inadequate. !1
Progress Reports
•> Lack of Knowledge and Understanding of
Importance of Reporting Requirements
~ Lack of Appreciation of the Need for Meaningful.
Timely Progress Reports and How They Can
Benefit the Tribes1 Achievement of Objectives
~ Lack of Good Writing Skills
Region 8
Rest Practices/Actions Taken
*> R\ai!uik< of Good i'oTnmunic,iHoi> and Support
«:» Mel vutli 1 ritoul CIiairtH.iti If! Discuss Seriousness of
Issues
! Withheld Grant Payments for Al-Risk tkaiils at Some
Tubes
~ Continued Regfuii 8 Tribal Grants Training, for Tribi-s
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Increased Region 8 Involvement
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Appendix I
Briefing Slides (continued)
ill—T n WO— I I —
Region 8
Rest Practices'Actions Taken (com.)
~ On Siic Technical Assistance Reviews at 24 Tribes
During Past 6 Years
~ Withheld Gram Payments
~ Terminated Four Tribal Grunts
~ Demanded Repayment of Grant Hinds
~ Dcsignaled Two Tribes as '"High Risk"
Required Implementation of Tribal Financial
Management Action Plan
•> Less 'I line to Help Improve Tribal Grant Management
Skills
«i* Grant Projects Were Nor As Successful As They Could
Have fte
1 us prove Tribal f nvironavanal Conditions
Fffccls
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Increased Region 8 Involvement
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Briefing Slides (continued)
Appendix I
Recommendations
~ Continue to Activck Participate Willi Grants and
Debarment Workgroup to:
*> Develop no 1-PA/Tnbuf Compliance or Review Guide
i(i Improve Tribes"
<¦Skills and Svsirtm
•> Record Keeping Systems s.» Support Costs Claimed an
Hnv?r.in;iierstaI (jr;i nrs
ofCinii:! Reqairareiils
*:• f Vmpj:aiK"C with (.ir.ru Rcqinrcncnts
Re commendations (eont.)
~ Continue to actively participate with Grants and
Debarment Workgroup to:
~ Formulate a Siratcii> to Address Long-Standing,
Sv,sterna; issues Associated with liiba) Grant
MiUia^t'niciU
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Increased Region 8 Involvement
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Briefing Slides (continued)
Appendix I
Recommendafions (com,)
Continue jo Work with I rihcs to Improve Their:
~» Ability to Identify. Hire, and 'I rain a Mure Skilled
Work hiree
~ Under standing and Appreciation of the Value of Strong
Interna! Controls.
•> Understanding the Value of a More Organized
1 nv/remncnial Management Siructurc
Recommendations (cont.)
i
| ~ Develop an Approach to Address Noncompliance
on Program Reporting Requirements
* Regularly Review Other Sources of Information to
Help 1 dentit> Tribes Most in Need of Assistance
C ontinue to Take Appropriate Actions When Gram
Requirements Arc Not Met
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Increased Region 8 Involvement
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Briefing Slides (continued)
Appendix I
Key Contacts
~ Jeff Hart. Branch Manager. 303-312-6169
•:* Larrv Dare, Team Leader. 303-312-6969
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Increased Region 8 Involvement
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Appendix II
Region 8 Response
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
RECKON S
»m n^srRcr" - some soa
DCWVTR CO (0K2-24M
Phone 800-227-B917
hltp:«^>ww.cp'ii.0QvAnrgioiiOt
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Hci XIMS-fi
MEMORANDUM
SL'BJiiCf[\\ Irttfeawrd ^pjou 8 liBjsJvMKWJi Wotid Impruvc Tribal Pn>«tai:i Results
FROM
^ , Acting Regional Ailmmis ratal
Ml" Hart
Hsanch Manager
I lenwr i ttVioe
I hanK you f*»r your draft brk'iing report titled Increased Pr^Uvx H Involvement Would
Itnpfbw Tnhui Program Mentin U> r ilv sigHifljtmt d'ottv >00 and jour statt'have
widertaUm iwr the last mn ye;i-*s in wm.t review «>( the Region's trioal program
We share tout concerns rc panling the findiasa of the four Tribal financial outfit reports.
All grantees rrsust adhere to the Federal grant rajairt'tr.ents. The Region's experience w.th our
Tribal ^unlets generally pontile; s the observation* you make. wluuh i> that a number af Tribcf
ftceit h> too is immaii.no ntuiuion t« intwmtl control problems, accounting weaknesses, and giaiK
reporting requirements.
The Region has taken many sjpecitlc ami significant ttctiwns as a result of this situation.
Your briefing :tpuit «.knOwkdgcis «>aiite of tltt heu pittJtfcea'aclioriK taken by (Ik Region, hut
we ask that jour report reflect a number «>f ether Regional efforts. Each of ihe past three years
Ihu Region has. provided i giant.* training pr»gr>tra for 1 rifles, cuvcritw»i lull d;tys, with
typical I v thirty or more *1 (codecs, Yo-,u ofTkc psvtiv p«uud in this, mtruru! orTerrtl last fall. Over
twenty Tribes ha>c had nn-sicc technical amistance reviews over the pas» six years, which has
ineludeJ observations from the Region ciWCftn«ng grants rnanagwrocru weaknesses. Regional
Trlihiil urogram ni.msgm have -urexwl t» 'he I ritw.l environmental d-rectors in recent Regional
Operations Council CROC) meetings Ac importance of ihsir attention ill the area of financial
management require merits.
f • urtht'f. we ask thai tile report acknowkidgt." the aujaas we havu inkers when liiMnsiai
s'vsklejiis have lm.tr;i found dcf cictit «uidA»; grant req-jiremettts tjave not been Met hy Tribes. We
PtnhrJ it-i RfcjctocJ foam
22
Report No. 100370-2002-1-000100
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Increased Region 8 Involvement
Would Improve Tribal Program Results
Appendix II
Region 8 Response (continued)
• The Region will continue ti> take appropriate actioni when grant requirements urc
nut act including disallowance nfewtt. *ermiaatioa of jjranli, "bish risk *
Jew^r.Wuvnx. tfta.
1 he challenges by your report are targe and very serious, Wc know shat you
understand juvf appreciate that chH is an area which demands attention from many parts ot'rtie
Agtfntv. including Uvc Ki't. Office, The Regtosial Office is \ery committed to tli-e efforts we have
,iuttinetl here in urtfer tu tcwimuc u> hive a vfrv suoLcssfu! partnership with the Region B Tnhcs
coBccTTting the cr,vin»r»rT>(;T>ial problems faced on Iritaf lands.
24
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Increased Region 8 Involvement
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Appendix III
Tribal Financial Audit Reports Issued
EPA Grants Awarded to the Northern Cheyenne Tribe (Report No. 1000370-2002-1-000089)
dated March 5, 2002
EPA Grants Awarded to the Rosebud Sioux Tribe (Report No. 1000370-2002-1-000096)
dated March 19, 2002
EPA Grants Awarded to the Crow Tribe (Report No. 100370-2002-1-000098)
dated March 27, 2002
EPA Grants Awarded to the Lower Brule Sioux Tribe (Report No. 100370-2002-1-000099)
dated March 29, 2002
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Increased Region 8 Involvement
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Appendix IV
Distribution
Office of Inspector General
Inspector General
EPA Headquarters Office
Assistant Administrator, Office of Administration and Resources Management (3101 A)
Associate Administrator for Congressional and Intergovernmental Relations
(1301A)
Associate Administrator for Communications, Education, and Media Relations
(1101 A)
Comptroller (2731 A)
Director, American Indian Environmental Office (4104)
Director, Office of Grants and Debarment (3901R)
Director, Grants Administration Division (3903R)
Director, Office of Regional Operations (1108A)
Agency Followup Official (2710A)
Agency Audit Followup Coordinator (2724A)
Region 8 Office
Assistant Regional Administrator, Office of Technical and Management Services
Assistant Regional Administrator, Office of Partnerships and Regulatory
Assistance
Regional Counsel
Associate Assistant Regional Administrator, Office of Partnerships and
Regulatory Assistance
Director, Tribal Assistance Program
Director, Grants, Audits, and Procurement Program
Director, Financial Management Program
Director, Office of Communication and Public Involvement
Audit Followup Coordinator
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