OFFICE OF INTERNATIONAL
AND TRIBAL AFFAIRS
Draft National Program Guidance
Fiscal Year 2020-2021
March 2019
NSCEP Number - 160-D19003
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Office of International and Tribal Affairs
FY 2020-2021 NATIONAL PROGRAM GUIDANCE
Table of Contents
SECTION I. INTRODUCTION	3
SECTION II. STRATEGIC PLAN IMPLEMENTATION	3
A.	Implementing Strategic Measures	3
B.	Implementing Other Core Work	5
SECTION III. FLEXIBILITY AND GRANT PLANNING	7
SECTION IV. KEY CONTACTS	9
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SECTION I. INTRODUCTION
The Office of International and Tribal Affairs (OITA)'s National Program 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 2020-2021 consistent with the FY 2020 President's Budget.
When developing the Guidance, OITA carefully reviewed and considered the state, tribal, and territory
priorities identified through the Regional Administrator-led early engagement. 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
Activities in OITA's guidance encompass activities that may carry forward to future years; any out-
year activities are included to inform our tribal and international partners of potential future work to
assist with planning.
The "EPA Overview to the National Program Guidance" communicates important background and
agency-wide information, and should be read in conjunction with OITA's guidance.
SECTION II. STRATEGIC PLAN IMPLEMENTATION
A. Implementing Strategic Measures
Objective 2.1 Enhance Shared Accountability: Improve environmental protection through shared
governance and enhanced collaboration with state, tribal, local, and federal partners using the full
range of compliance assurance tools.
1 Available at https://www.epa.gov/sites/production/files/2015-04/documents/indian-policY-84.pdf.
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Administration of the EPATribal Program
OITA, through the American Indian Environmental Office (AIEO), leads the Agency's efforts to
implement the EPA Policy for the Administration of Environmental Programs on Indian Reservations
(1984 EPA Indian Policy). 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 and promote 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 are provided 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.
Under the EPA priority of promoting intergovernmental collaboration and cooperative federalism,
EPA will work with each tribe 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. ETEPs are negotiated at the regional level. Understanding
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.
ETEP implementation activities include: targeting use of direct implementation resources consistent
with the joint agreements and priorities in the ETEP, refer to the tribe's stated goals when reviewing
applications for tribal grant program funding, and identifying revisions to update each ETEP as
needed. 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.
This joint planning process also identifies areas where EPA prioritizes its direct implementation
responsibilities and resources on areas of high need for human health and environmental protection
for a particular tribe based upon the agreed upon priorities, environmental protection needs, and
available resources.
Implementation of Federal Environmental Programs in Indian Country
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;
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•	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
•	EPA encourages tribes to participate in Policy-making and to assume, if available, appropriate
roles in the implementation of programs. Effective communication and coordination with
tribes is crucial to share information and ensure tribes are aware of new policies and efforts
early in the process. For example, tribes may play a role in helping to 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 federal environmental programs are as effective in Indian country as they are
throughout the rest of the Nation. This also includes efforts concerning treaty rights and obligations,
and federal trust responsibility. 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.
B. Implementing Other Core Work
Tribal Consultation and Coordination
OITA leads EPA's implementation of EPA's Policy on Consultation and Coordination with Indian Tribes
and Executive Order 13175 Consultation and Coordination with Indian Tribal Governments (EO
13175). The EPA Policy on Consultation and Coordination with Indian Tribes 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 makes consultation opportunities available
on the Tribal Consultation Opportunities Tracking System (TCOTS) available at http://tcots.epa.gov.
EPA Assistant Administrators and Regional Administrators implement EPA's Tribal Consultation Policy
and EO 13175 and ensure they are appropriately implemented for actions in their respective offices
under the oversight of OITA's Assistant Administrator as the EPA Designated Tribal Consultation
Official.
Tribal Partnership
OITA coordinates the National Tribal Operations Committee (NTOC) consisting of the Administrator
and EPA senior leadership, and 19 tribal representatives known as the National Tribal Caucus (NTC)
to improve communications and build stronger partnerships with tribes. The NTOC meets to discuss
implementation of the environmental protection programs for which EPA and the tribes share
responsibility as co-regulators. The NTC also advises EPA on tribal environmental issues that are cross-
media, cross-agency, or that may be emerging or urgent.
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 domestic and global
environmental problems and risks. To achieve our domestic environmental and human health
objectives, work with international partners is essential to successfully address transboundary
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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 U.S. industry
abroad while supporting foreign policy objectives outlined by the White House, the National Security
Council, and the Department of State. This will include working with international partners to
strengthen environmental laws and governance to more closely align with U.S. standards and
practices and to help level the playing field for U.S. industry while protecting human health and the
environment. 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 2020-2021, 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 can occur globally and
regionally, including between the United States, Mexico, and Canada. EPA works with its immediate
neighbors through the North America Commission for Environmental Cooperation (CEC) to advance
sustainability, environmental, ecosystem and health protections. EPA also works with key countries
bilaterally and works to address global and international flows and sources of pollution through
various international forums. This work addresses atmospheric mercury and other air pollutants,
marine litter, emissions from maritime transport, persistent organic pollutants, 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 engage collaboratively with Canada to advance environmental protection
and protect human health on issues such as oil spill prevention, marine litter, mining impacts,
preparedness, and response coordination along our joint border.
•	Pursuant to the North American Agreement for Environmental Cooperation (NAAEC) among
Canada, Mexico, and the United States, 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.
•	EPA will engage multilaterally and bilaterally to prevent and reduce marine litter, an
increasingly prominent global issue that can negatively impact water resources, tourism,
industry and public health in the U.S. Because 80 percent of marine litter comes from land-
based sources of waste, countries with inadequate waste management contribute to the
pollution in our shared oceans. EPA will continue to work with other federal agencies to
advance sound policy approaches for global action on marine litter.
Advance U.S. Interests Abroad
OITA protects human health and the environment while advancing U.S. national interests through
international environmental collaboration. Working with experts from EPA's media programs and
regional offices, other government agencies, and other nations and international organizations, OITA
identifies international environmental issues that may adversely impact the United States and helps
to design and implement technical and policy options to address them. Environmental cooperation
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with partner countries can advance U.S. goals on environmental challenges such as air pollution, lead,
mercury, and marine pollution. 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 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.
•	The United States assumes the Presidency of the G7 in 2020. Because the G7 Presidency
involves hosting ministerial-level meetings in addition to a Leaders Summit, EPA will
participate with other federal agencies in ensuring the President's agenda for the United
States' G7 Presidency. EPA's work on the G7 for 2020 will advance key environmental policy
deliverables on clean air, clean water, and marine litter, developed in partnership with U.S.
stakeholders, building on priorities agreed to in previous G7 Environment Ministers Meetings,
and in support of the Administration's vision for the U.S. G7 Presidency.
Promote Good Environmental Governance
Countries need strong institutional structures to develop sound environmental policies and enforce
environmental protections. EPA will engage on trade policy development and 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 Chile public participation to strengthen 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.
•	EPA engages with the White House, other U.S. federal agencies, and stakeholders to shape
U.S. trade policies, protect the integrity of U.S. domestic regulatory policies, and promote
good environmental governance with our trading partners.
SECTION III. FLEXIBILITY AND GRANT PLANNING
Indian Environmental General Assistant Program (GAP): Tribal Capacity Building
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Tribes receive a variety of financial and technical assistance from EPA to meet capacity building needs
including the OITA-administered Indian Environmental General Assistance Program (GAP). 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. GAP funding also supports implementation of tribal solid and hazardous
waste programs in accordance with the Solid Waste Disposal Act (also known as the Resource
Conservation and Recovery Act, or RCRA). In the FY 2018 Consolidated Appropriations Act, Congress
gave EPA permanent authority to award GAP funds for tribal solid waste and recovered materials
collection, transportation, backhaul and disposal services.
OITA coordinates across EPA's national programs to ensure effective delivery of EPA tribal capacity
building programs and to support applicable agency measures related to EPA grants programs.
Effective delivery includes engaging with tribes to negotiate ETEPs that reflect intermediate and long-
term goals for developing, establishing, and implementing environmental and human health
protection programs in accordance with EPA-administered statutes.
OITA works with the EPA regions to incorporate standard language into all GAP solicitation packages
to ensure national consistency in the approach, communication, and application of the following
guiding principles in awarding GAP grants:
•	Ensure tribes the opportunity to build capacity to implementfederal environmental programs
through EPA delegations, authorizations, and primacy designations, and to meaningfully
participate and engage in EPA direct implementation activities;
•	Promote tribal self-governance by accomplishing mutually agreed upon environmental
program goals found in the tribe's ETEP, supporting development of tribal core environmental
program capacities for programs administered by EPA, and fostering tribal capacity to assume
the authority to implement programs administered by EPA;
•	Promote intergovernmental collaboration and cooperative federalism among EPA, tribes,
states, and other federal partners;
•	Support implementation of established solid and hazardous waste regulatory programs in
accordance with applicable provisions of law, such as the Resources Conservation and
Recovery Act; and
•	Maintain strong national program management practices to produce compelling results that
align with EPA's statutory authorities.
The GAP guiding principles underscore GAP's role in fostering partnerships between EPA and tribes
through collaboration and shared accountability. OITA remains committed to using GAP resources to
assist in building tribal capacity to implement delegable federal programs, support tribal solid waste
and hazardous waste programs, and to meaningfully participate and engage in EPA direct
implementation activities. During FY2020 and FY2021, OITA will continue to identify opportunities to
increase flexibility and program administration efficiency through guidance and policy revisions, new
tools and training for EPA project officers and GAP recipients, and close coordination with the
National Environmental Performance Partnership System (NEPPS). Tribes that receive GAP funds
through Performance Partnership Grants may take advantage of a range of flexibilities available
through NEPPS. For further discussion, see the NEPPS National Program Guidance for FY2020-21.
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SECTION IV. KEY CONTACTS
Contact Name
Subject/Program Area
Phone
Email
Rebecca Roose
GAP
(202) 566-1387
roose.rebecca@epa.gov
Rebecca Roose
ETEPs
(202)566-1387
roose.rebecca@epa.gov
Andrew Baca
Direct Implementation
(202)566-0185
baca.andrew@epa.gov
Andrew Baca
Tribal Consultation
(202)566-0185
baca.andrew@epa.gov
Janice Sims
International
(202) 566-2892
Sims.JaniceHQ@epa.gov
Mike Weckesser
OITA Planner
(202) 564-0324
Weckesser.Mike @epa.gov
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