EPA Office of International and Tribal Affairs
March 2019
GAP Guidance Evaluation Phase 1
Tribal Comment Summary
Table of Contents
Introduction	2
Category: General/Broad	3
Category: Program Administration	7
Category: Allowable Activities	10
Category: Solid Waste Implementation	13
Category: Performance Management & Capacity Indicators	15
Category: EPA-Tribal Environmental Plans (ETEPs)	20
Category: GAP Online	22
Category: Evaluation Process	23
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Introduction
Under the Indian Environmental General Assistance Program (GAP) Act of 1992, the U.S. Environmental
Protection Agency (EPA) provides GAP financial 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. The Office of International and Tribal Affairs (OITA),
EPA's national program manager for GAP, released the Guidance on the Award and Management of General
Assistance Agreements for Tribes and Intertribal Consortia in May 2013.1 The Guidance provides a nationally
consistent capacity development framework for EPA and GAP recipients to follow. The Guidance connects joint
EPA-tribal government strategic plans to development of GAP work plans that are aligned with both the tribe's
long-term and intermediate goals and EPA-administered programs.
In the years since OITA issued the 2013 GAP Guidance, some tribes and intertribal consortia have shared
concerns with EPA regarding various aspects of the Guidance. At the 2017 National Tribal Operations Committee
meeting, OITA committed to work with the National Tribal Caucus and conduct an evaluation of the 2013 GAP
Guidance to identify opportunities to improve the Guidance and its implementation. In June 2018, OITA initiated
a 90-day tribal consultation, in accordance with the EPA Policy on Consultation and Coordination with Indian
Tribes,2 to obtain input to inform potential revisions and/or adjustments to how EPA implements the 2013
Guidance. During the 2018 consultation and coordination period, AIEO received over 800 unique comments
from tribes, intertribal consortia, and EPA tribal partnership groups on the 2013 GAP Guidance. Comments
include written letters and notes of remarks from tribal representatives during meetings, webinars and
conference calls EPA conducted as part of the GAP Guidance Evaluation.
This document, the GAP Guidance Evaluation Phase 1 Tribal Comment Summary, is a comprehensive summary
of more than 800 comments that have been consolidated and organized into eight themes. In preparing the
summary, OITA made every effort to maintain the specificity and authenticity of the original comments, while
grouping similar comments together for readability and tallying the number of tribes, consortia and partnership
groups that support each comment. This document and its companion, the Summary of Past Feedback from
Tribes and Tribal Organizations on the 2013 GAP Guidance,3 provide a range of perspectives and ideas for
improvements that OITA is considering throughout the ongoing GAP Guidance Evaluation.
For more information about the GAP Guidance Evaluation, please feel free to contact Felicia Wright, Acting
Director of the American Indian Environmental Office, at wright.felicia(5)epa.gov.
1	The 2013 GAP Guidance is available at httpsi//www,epa,go¥/tribal/2013-gyidance-award-and-matiagemetit-general-
assistanceagreements-tribes-and-intertribal.
2	More information on EPA's tribal consultation policy is available at https://www.epa.gpv/tribal/forms/consultatipn-and-
coordination-tribes.
3	OITA prepared the Summary of Past Feedback in May 2018 to support the first phase of the GAP Guidance Evaluation by
documenting tribal input on the Guidance that relates to EPA's efforts to identify improvements to the Guidance and its
implementation. It is available at httpsi//www.epa.gov/tribal/summary-past-feedback-2013-gap-guidance.
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Category: General/Broad
Theme: Importance of Indian Environmental General Assistance Program (GAP) Funding
The GAP funding source has been instrumental for tribes in establishing and maintaining a variety
of environmental program capacities and in addressing environmental concerns in Indian Country.
Furthermore, key tribal environmental staff positions are supported through GAP. When funding
from other programs is not sufficient, there should be the ability to use GAP funding to support
media-specific activities based on tribal needs. (16 Tribes; 4 Tribal Partnership Groups)
Theme: Support the 2013 GAP Guidance
The Tribe is supportive of the structure of the 2013 GAP Guidance. We have been able to work
within the confines of the guidance, to continue to build, develop, and increase environmental
capacity that fits the needs and pace of the Tribe. (1 Tribe)
Theme: Rescind the 2013 GAP Guidance
-	Rescind the 2013 GAP Guidance and restore the 2006 GAP Guidance. Tribal comments and
concerns were not meaningfully considered by EPA in the development of the 2013 Guidance.
The Tribal Consultation Policy was not followed for 2013 Guidance; the expectation was that
EPA would respond back to each tribe individually on how their comments were or were not
being addressed. Over the last seven years, numerous tribal representatives have conveyed
concerns regarding AIEO's failure to engage in appropriate tribal consultation prior to and during
the development of the 2013 Guidance. (12 Tribes; 4 Tribal Partnership Groups)
Theme: Incorporate into the GAP Guidance
Consider moving beyond an annual grant funding cycle and moving towards a multi-year
funding-cycle. (2 Tribes)
-	EPA should integrate Indian law, and the Federal fiduciary responsibilities, to Indian tribes in the
GAP Guidance. This change would enable Indian tribes to determine the region-specific needs
they have regarding a broader version of the GAP Guidance. This would ideally include: land
management and maintenance capacity building for the purposes of mitigating natural disasters;
Emergency Management Services (EMS) capacity building to address human health recovery
resulting from natural disasters; and drinking water capacity building to address water quality. (1
Tribe)
Theme: Legal Weight of GAP Guidance
-	EPA should not treat the Guidance as though it establishes requirements. (6 Tribes; 2 Intertribal
Consortia; 1 Tribal Partnership Group)
-	No specific statute or guidance requires the submission of EPA-Tribal Environmental Plans
(ETEPs) and Integrated Waste Management Plans (IWMPs) for formal approval; however, in
some regions, certain Regional Tribal Offices have mandated that they "approve" ETEPs in
order to be eligible for future GAP funding. These preconditions are contradictory to the
principles of the 1984 EPA Indian Policy and are not expressly stated in the law as conditions for
being eligible for GAP funding. The GAP Guidance is guidance - not a regulation. (13 Tribes; 4
Tribal Partnership Groups)
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Theme: Block Grants/Performance Partnership Grants
-	Providing block grants to tribes in combination with a planning tool would provide for flexibility
in activities for tribes and defined outcomes for EPA to track for accountability. (7 Tribes; 1
Tribal Partnership Group)
-	Direct Implementation Tribal Cooperative Agreements (DITCAs) and Performance Partnership
Grants (PPGs) are a contract/compact similar to 638 process available from other Federal
agencies. (1 Tribe; 1 Tribal Partnership Group)
Theme: Performance Partnership Grants (PPGs)
There needs to be greater consistency in how PPGs are managed, specifically around the
flexibility to reprogram funds; remove the silos. Flexibility allows tribes to build capacity in
environmental programs and develop/maintain capacity despite turnover. (17 Tribes; 2 Tribal
Partnership Groups)
It is not clear how PPGs will be addressed in the GAP Guidance revision. And it is challenging
to talk about GAP in the context of a PPG, because GAP has become an integrated program, not
stand-alone. How does a PPG that integrates GAP connect to ETEPs and media-specific National
Program Manager (NPM) Guidance? (3 Tribes; 1 Tribal Partnership Group)
The PPG format assists in the development of an ETEP. (1 Tribe)
Theme: Determining Tribal Priorities
Tribes have unique needs and interests; therefore, tribes should determine their environmental
priorities, goals, and needs. The GAP Guidance and GAP project officers have narrowed what a
work plan can encompass, thereby directing what should be the tribes' priorities. (11 Tribes; 2
Tribal Partnership Groups)
-	Under the current Guidance, EPA is concerned more about tangible results than helping tribes
solve environmental issues. There appears to be more a parental role that EPA is taking. (1 Tribe;
1 Intertribal Consortium)
Theme: Funding
There is inadequate funding available in GAP to support tribes' environmental program needs,
including program implementation. Suggestions include: consider base funding, implementation
funds, and/or potential application of self- determination model, divide the GAP funding equally
and non-competitively as in EPA Region 5, start a separate program for solid waste removal so
there is less pressure on GAP and greater availability of funds for capacity building, and move
toward multi-year funding cycle. (9 Tribes; 3 Intertribal Consortia; 1 Tribal Partnership Group)
GAP appropriations have been roughly level since 2004. Taking inflation into consideration, a
GAP dollar awarded today has roughly half the purchasing power of a GAP dollar awarded in
2004. (1 Tribe)
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-	By building capacity to take on more of the role of environmental protection and regulations,
while EPA pulls back, will there be continued support as tribes take over the responsibilities?
Tribes want another funding source for developing a program. (1 Tribal Partnership Group)
Tribes can seek "treatment as a state" for program delegation. They should be funded as a state. (1
Tribe)
Theme: Compliance Inspections
-	EPA is responsible for carrying out enforcement of environmental laws on the reservation
because of its Indian Trust Land status. Typically, EPA sends out inspectors, issues reporting
violations, and investigates complaints of off-reservation persons, little of which actually
protects the environmental resources of the tribes. Furthermore, there is little or no funding
available for the tribes to conduct inspections, issue violations, and/or conduct investigations. (1
Tribe)
Theme: Technical Assistance
-	Under GAP, there are two purposes in the law. The first being, "provide general assistance grants
to Indian tribal governments and intertribal consortia to build capacity to administer
environmental regulatory programs that may be delegated by the Environmental Protection
Agency on Indian lands." The GAP Guidance document was created to address purpose one.
However, there is a second purpose which is, "provide technical assistance from the
Environmental Protection Agency to Indian tribal governments and intertribal consortia in the
development of multimedia programs to address environmental issues on Indian lands." There is
a lack of guidance as to how EPA implements the second purpose of the law. The intent of
Congress was that the EPA should have provided technical assistance under purpose two, which
would have complimented purpose one. However, the 2013 GAP Guidance lacked a number of
pertinent components including: capacity indicators, performance measurements, and evaluation
criterion under purpose two. It seems reasonable to expect that if tribes are to be held
accountable in a manner that is highly rigid and having to comply with the 2013 GAP Guidance,
then it is reasonable to expect that the EPA be held accountable under purpose two. (1 Intertribal
Consortium)
Tribes may use GAP funds for joint programs activities; however, tribes with limited jurisdiction
have not seen sufficient efforts to provide for intergovernmental agreements with neighboring
jurisdictions, or opportunities for cross sharing of technical knowledge, enforcement, and policy
developments. U.S. EPA is uniquely positioned to create connections between the various
environmental programs across the nation and give tribes critical information about activities
occurring within their respective region. It would be helpful to create a centrally accessible
online chat community for government environmental officials to gain access to information
about upcoming events, studies, new regulations and policies, and other similar public
information to share with their government counterparts in the region. (4 Tribes; 1 Tribal
Partnership Group)
-	Would like to have tribal training on establishing enforcement and compliance capability.
Investigate, as part of our IAG and Indian Health Service for solid waste codes and ordinance,
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whether there is opportunity to train on building enforcement capability in the tribe; identify and
evaluate enforcement/compliance option for a tribe. (1 Tribe)
Theme: Alaska Tribes
Consider having a separate guidance for Alaska tribes because their GAP needs are so different
from other tribes. (2 Tribes)
-	What does "Limited Environmental Program Jurisdiction" mean? It has negative connotations.
Just talk about whether they are pursuing treatment as a state (TAS) or not, for whatever reason.
Be thoughtful about the way to bring up capacity for the smaller tribes. (1 Tribal Partnership
Group)
Theme: Funding for Technical Assistance Organizations
-	EPA could consider funding technical assistance organizations for GAP planning similar to how
EPA does it for the Brownfields program. (1 Tribe)
Theme: Goal of GAP
There is no clear target or goal with GAP compared to other EPA programs (i.e., CWA 106). (2
Tribes; 2 Intertribal Consortia)
-	Environmental protection should be the goal, not controlling environmental pollution. (1 Tribe)
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Category: Program ministration
Theme: Clarity
The Guidance should be clearly written and user friendly. Recommend efficiency, less narrative,
more bulleted lists, and links to funding and/or technical assistance resources. (13 Tribes; 4
Tribal Partnership Groups)
The GAP Guidance is not easily accessible. It has a lot of information that is captured in
numerous long paragraphs. Allowable work or tasks projects would be better served to be
outlined in bullets. It is difficult to read because different people reading it will interpret it
differently. More specific language is needed to reduce or eliminate contrasting interpretations
by either the grantee or the project officer. There needs to be clarification of activity
classification; implementation versus capacity building as the current guidance is unclear on
when a project falls into either category. In addition, a process is needed to elevate requests
regarding deviations from the Guidance based on individual tribal scenarios. One suggestion is to
create some example templates, messaging, and clear up misconceptions. (12 Tribes; 1 Intertribal
Consortium; 2 Tribal Partnership Groups)
Theme: Consistency between Tribes and Regions
The Guidance should promote consistent implementation across all EPA regions. Provide
training to all regional GAP coordinators and project officers to promote consistency. (19 Tribes;
4 Intertribal Consortia; 2 Tribal Partnership Groups)
Application of the Guidance is inconsistent from tribe to tribe, not only within Region 9 but
between regions. EPA Regional Offices are currently inconsistent with award decisions. U.S.
EPA appears to interpret capacity indicators differently within regional offices and regionally
nationwide. But the number and diversity of tribes should be respected and each tribe's situation
is unique. (1 Tribe; 1 Tribal Partnership Group Group)
-	Develop straight forward criteria on how definitions will be used by the American Indian
Environmental Office (AIEO) and GAP project officers. For example, eligible baseline capacity
development activities are inconsistent between regional U.S. EPA departments, project officers,
and grant managers. (3 Tribes; 1 Intertribal Consortium)
Theme: Flexibility. Addressing Tribal Priorities
Tribal communities face unique challenges and issues. The GAP Guidance should provide for
the flexibility to implement tribal environmental programs and in determining what is funded
through GAP. Flexibility will allow tribal communities to address their specific environmental
concerns and priorities while ensuring the achievement of measurable environmental results that
will help tribal communities in meeting their environmental goals and assist EPA in tracking and
reporting outcomes for program accountability. (29 Tribes; 2 Intertribal Consortium; 6 Tribal
Partnership Groups)
-	EPA should interpret the GAP Act broadly, allowing maximum flexibility for tribes to use funds
to address their own environmental priorities and to supplement media-specific program funding.
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This includes broad interpretation of capacity indicators, and the line between capacity building
and implementation. (18 Tribes; 3 Intertribal Consortia; 6 Tribal Partnership Groups)
In general, there needs to be more flexibility, including more administrative flexibility so tribes
can focus on their most pressing environmental issues, flexibility for tribes to work with their
project officers so the GAP Guidance fits their specific needs, as well as sufficient flexibility in
the notification time for tribes to respond to requests for comments. (3 Tribes; 1 Tribal
Partnership Group)
-	Foremost, the Guidance must allow maximum flexibility and not micro-manage tribal
environmental programs. The imposition of restrictions will discourage the flexibility that tribes
need in the use of GAP funds. (20 Tribes; 2 Intertribal Consortia; 4 Tribal Partnership Groups)
Theme: Administratively Burdensome
The Guidance should consider the administrative challenges of the tribes (i.e., frequent turnover,
limited resources, difficulty with developing short term work plans when most of the work is
reactionary) so that less burden is associated with process and requirements that are not statutory,
resulting in more focus on environmental work. Reduce duplicative paperwork and have
reasonable expectations of the level of complexity for an ETEP based on where the tribe is.
Suggestions include a streamlined funding application process and use of templates. (23 Tribes;
3 Intertribal Consortia; 8 Tribal Partnership Groups)
-	Having to ask EPA every time the tribe wants to change direction is extremally burdensome. It is
not realistic to do this, and tribes lack necessary time and resources to do this. (1 Tribe)
The amount of FTE that tribes are frequently told is "reasonable" for the grant administration
component of our GAP grant is at odds with the amount of time it takes to have lengthy
negotiations with project officers around eligibility questions as we develop our work plans and
budgets. (1 Tribe)
A key priority for tribes is to minimize the administrative burdens associated with GAP grants.
(13 Tribes; 2 Intertribal Consortia; 3 Tribal Partnership Groups)
Concern that the GAP Guidance Evaluation (GGE) will result in changes that create new burden
for tribes that are accustomed to the 2013 Guidance, such as another form to complete or another
category to track. (1 Tribe)
Theme: Intertribal Consortia
-	EPA should revisit, revise, and clarify requirements for intertribal consortia eligibility to reduce
burden (on the consortium and member tribes) and respect tribal government resolutions.
Limiting the beneficial use of consortia restricts the purpose of the consortia to provide
assistance. Some suggestions include: allow the consortia to apply for regional GAP grants based
on their own Board resolutions, clarify in the Guidance that only tribes intended to be served by
the grant have to authorize the grant for multi-purpose consortia, and have open-ended or set
period years in the authorizations vs. annual requirement. A resolution made by the governing
body of a tribe is just as weighty as a Congressional act. For example, the Indian General
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Assistance Act was passed in 1992 and remains in effect today. Tribal resolutions, like
Congressional Acts, are in effect in perpetuity unless amended, rescinded, or expired by written
determination within the resolution itself. (5 Tribes; 7 Intertribal Consortia; 1 Tribal Partnership
Group)
Theme: EPA should be timely and responsive and not dictate tribal work plans
The Guidance should maintain the ability of tribes to determine their priorities and work
objectives. There are examples of project officers that seem to be deciding the course and
direction of work plans. There are delays in review and processing of GAP applications that
creates uncertainty for the tribes and has resulted in loss of funding to the tribe; emails and
reports should be read and responded to in a timely manner. (15 Tribes; 3 Intertribal Consortia; 2
Tribal Partnership Groups)
Theme: Nationally Consistent Award Process May Hurt Smaller Tribes
Smaller tribes, and/or tribes with capacity building issues, may suffer under a nationally
consistent and uniform award process. We expect U.S. EPA to follow the GAP Act of 1992 (42
U.S. Code § 4368b), when making award decisions. GAP Guidance administration should be on
a tribe-by-tribe basis. (7 Tribes; 1 Intertribal Consortium)
Theme: Other
The Guidance needs to provide a clear process to elevate requests regarding deviations from the
Guidance based on individual tribal scenarios. (1 Tribe)
-	Present real time examples of either helpfulness of Guidance or inefficiency of Guidance in
developing and submitting applications. (2 Tribes; 1 Intertribal Consortium)
-	EPA should facilitate pilot study projects to determine the need for development or expansion of
tribal environmental air programs where requested. (4 Tribes; 1 Tribal Partnership Group)
-	Need flexibility on work plan budgets. How is salary tracked? Why not a variable of 5 percent?
(1 Tribe)
Tribes may have technical issues associated with using grants.gov, such as trouble submitting
applications. There are not adequate support resources available. Some tribes do not have Adobe
Acrobat to submit PDFs and lack technical capability. (1 Tribe)
States do not have to adhere to strict guidance/oversight like tribes do, yet they receive
considerably more funding. Will guidance also be implemented for states? (1 Tribe)
-	We suggest providing language in the GAP Guidance that mandates EPA to provide certain
trainings, and mandates site visits from GAP project officers and other relevant EPA staff, such
as the grants management staff or zero waste staff. (1 Intertribal Consortium)
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Category: Allowable Activities
Theme: Restrictions under GAP
Add GAP Guidance language that allows for "develop/implement operation and maintenance
program for tribal water supply systems, including oversight, design standards, ordinance and
establishing utility organizations" as allowable activities. (1 Tribe)
The GAP Guidance states: "The baseline needs assessment should be updated in response to
factors such as: new sources of pollution, changing environmental conditions." In practice, tribes
have not received such consideration, as in the case where U.S. EPA denied funding for the
changing Salton Sea, which is resulting in additional adverse impacts to air quality. (3 Tribes; 1
Tribal Partnership Group)
Allow funding for training to maintain technical proficiencies (for example, to go beyond basic
GIS classes). (2 Tribes)
Some of these restrictions are derived from regulatory provisions already in effect or appear to
be based on new Agency interpretations of existing regulations. Others are described as
representing "established Agency policy," but without any reference to written authority. Some
directly contradict existing authorities. Most appear to impose new limitations on tribal use of
GAP funding and need to be removed. (13 Tribes; 1 Intertribal Consortia; 3Tribal Partnership
Groups)
-	U. S. EPA should allow the tribes to replace equipment bought under GAP if it is necessary for
the project or program to continue. Many items used in science that have a life span of 5-10
years cost $5,000 or greater, thus making them equipment. (1 Tribe)
-	Environmental program capacity development work is of interest to tribes. Developing and
maintaining the capacity to protect aspects of the environment with traditional cultural
significance are not covered by the current GAP Guidance. (6 Tribes; 1 Tribal Partnership
Group)
Tribes must be innovative to get Community Garden Programs started, such as using other
Federal funding that has stricter guidelines. (2 Tribes)
Theme: Indoor Air Quality (IAO)
-	How can GAP be utilized to address indoor air concerns? GAP does not cover Indoor Air
Quality pilot studies or assessments over time. The lack of funding for these initial studies leaves
tribes with no option but to use less reliable and inexpensive techniques to ascertain the existence
of air quality issues and only allowing for such initial testing in tribal administration buildings
and other offices, but not in tribal homes. (4 Tribes; 1 Partnership)
Theme: Implementation/Capacity Building
The current guidance is unclear on when a project is in the category of implementation versus
capacity building. (16 Tribes; 1 Intertribal Consortia; 3 Tribal Partnership)
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-	Rebuilding lost capacity should be acceptable basis for GAP recipients to repeat activities. (1
Tribe)
Theme: Rules and Requirements
Can EPA explain the underlying purposes and goals of the GAP Act of 1992 and the GAP rules
and requirements that came afterward? For example, "implementation" of so many programs are
not explicitly prohibited in the Act, and "capacity building" is a phrase that does not appear in
the Act, but the Guidance makes it very clear that implementation and capacity building are
fundamental to GAP eligibility determination. (1 Tribe)
In the GAP Guidance Appendix IV, EPA Water Program Reference Table: Framework for Tribal
Water Program Strategic Planning and Development, expand those tasks interpreted as the
development/maintenance of capacity and reduce those tasks interpreted as implementation and
thus not covered by GAP. (1 Tribal Partnership Group)
The 2013 Guidance does not contain any provisions related to the deficiencies in EPA's tracking
and reporting systems noted by the Office of Inspector General (OIG) or how EPA proposes to
address them, but instead focuses exclusively on tribal program requirements. It contains
numerous restrictions and prohibitions on tribal uses of GAP funding not previously imposed by
EPA, or even required by the OIG, that appear to be based on new interpretations of the GAP
Statute itself as well as its implementation regulations, other vaguely referenced EPA policies,
and an Office of Management and Budget (OMB) circular. (7 Tribes; 1 Tribal Partnership
Group)
Support ongoing community education and outreach programs. (13 Tribes; 4 Intertribal
Consortia; 3 Tribal Partnership)
-	For some tribes, ongoing community outreach and education, coupled with the development of
regulatory programs (tribal laws and enforcement mechanisms, and perhaps receiving delegated
authorities from EPA), will assist the tribes with effective pollution management. (9 Tribes; 1
Intertribal Consortium)
There are unrealistic deadlines for tribes to establish programs with no consideration of the
challenges and obstacles that tribes face in such efforts. (2 Tribes)
Theme: Emergency Response
There should be an area in the Guidance that goes over eligible activities specific to emergency
response. Some GAP program requests for support for emergency planning are being denied in
some regions and there is no strategy for addressing the fact that tribes have limited staff to
complete a National Incident Management System compliant Emergency
Operations/Management Plan. (3 Tribes; 1 Intertribal Consortium; 1 Tribal Partnership Group)
Currently the GAP Guidance has a blanket injunction for Natural Resources Damage Assessment
work. U.S. EPA needs to loosen this part of the Guidance and help tribes protect the environment
that supports treaty protected hunting, fishing, and gathering rights. (1 Tribe)
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Theme: Consortia
Authorization of the consortia to apply for and receive a GAP grant is required from all GAP-
eligible member tribes. All eligible members must authorize the grant application, given that
those dollars would otherwise be available to the individual tribes under GAP. A consortium is
required to do quite a bit of administrative work during the work plan development, and internal
approval process. We are asking EPA to fund this distinctive administrative work we need to do
to comply with the consortia documentation requirements. (2 Intertribal Consortia)
Tribes with limited jurisdiction have not seen sufficient efforts to provide for intergovernmental
agreements with neighboring jurisdictions, or opportunities for cross sharing of technical
knowledge, enforcement, and policy developments. (1 Tribe)
Theme: Other
-	Energy is very demanding to reduce reliance on fossil fuels. Tribes and communities need a good
starting program to create energy programs. Research, training, and funding can be used to create
renewable energy programs across the United States. Funding and/or technical assistance for
renewable energy projects require match. EPA-GAP can help. (2 Tribes)
-	Would like training on how to conduct environmental reviews when asked for a review by a
neighboring county or community for potential tribal impacts. (1 Tribe)
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Category: Solid Waste Implementation
Theme: Remove Restrictions
In any new or revised GAP Guidance, EPA should remove all restrictions on use of GAP
funding for waste program implementation to comply with the Congressional direction in the
GAP Statute and the FY16 and FY18 Consolidated Appropriations Acts. (15 Tribes; 1 Intertribal
Consortium; 4 Tribal Partnership Groups)
If a pollution release falls within the category of solid or hazardous waste, restrictions on the use
of GAP funds for waste program implementation will interfere with a tribe's ability to effectively
manage the release. (7 Tribes; 1 Tribal Partnership Group)
The requirement for a tribe to have an EPA approved solid waste management plan to obtain
funding for solid and hazardous waste program implementation is not a requirement of the GAP
statute or the Solid Waste Disposal Act (42 U.S.C. 6901). An updated GAP Guidance should
address this issue and should be in favor of tribes and consortia by supporting activities that
clean their lands and strengthen the health and safety of their environments. (1 Tribe; 1
Intertribal Consortium)
-	Many tribes that have established waste collection, disposal, and reduction programs using GAP
require continued funding to maintain and enhance their programs, and others that plan to
establish such programs in the future will similarly rely on GAP funding. Allowing broad
flexibility in the use of GAP funds for waste program implementation will not only address this
need, but also advance EPA's priority, as described in the Agency-wide plan to provide solid
waste management capacity assistance to tribes and in the Agency's strategic plan, "to promote
waste program sustainability through the development and implementation of integrated waste
management plans." (7 Tribes, 1 Tribal Partnership Group)
Theme: Delegate Decision-Making from AIEO to Regions
Authority to approve solid waste implementation activities should be provided to regions.
Eliminate the required AIEO director approval for these activities. AIEO should not be involved
in solid waste implementation funding decisions when regional offices have a better
understanding of their tribes' specific solid waste needs. (14 Tribes, 2 Intertribal Consortia; 2
Partnership Groups)
Theme: Defer to Tribal Needs and Decisions
GAP funds for environmental program capacity building and solid waste implementation of each
individual tribe should be directed based on the opinion of that tribe not opinion of EPA. (1
Tribe)
Theme: Rationale for 2013 Guidance on Services
-	Do not understand inclusion of certain restrictions in 2013 Guidance, e.g., components of waste
collection, disposal and reduction programs are interpreted to constitute basic government
services, e.g., fire and police, ineligible for funding. Ignores the reality that most governments do
not provide waste management services the same way as fire and law enforcement services, e.g.,
they contract services to third parties. (7 Tribes, 1 Tribal Partnership Group)
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Theme: Implementation Funding Needs
-	Both the GAP Statute and its implementing regulations expressly authorize the use of GAP funds
for solid and hazardous waste implementation activities. Since uncontrolled disposal of waste
continues to be a significant environmental and human health problem in many tribal
communities, and EPA provides little or no funding from any other source to address tribal
waste-related needs, it is imperative that tribes be allowed to use GAP funds to support
implementation activities associated with waste collection, reduction, clean up, and enforcement
activities. (8 Tribes, 2 Tribal Partnership Groups)
-	More funding is needed for operation and maintenance of tribal solid waste and recycling
facilities. Concern that the solid waste implementation that is allowable under GAP will
eventually overtake the ability of the tribes to continue to use GAP funds for capacity building.
U.S. EPA needs to look at the potential for a different vehicle for solid waste implementation
funding or increase the available GAP dollars to meet the expectations of tribal solid waste
management programs without limiting available funds for capacity building. Not every tribe is
rural and needs a transfer station. (1 Tribe; 1 Tribal Partnership Group)
Theme: Environmental and Human Health Impacts
Solid waste and recycling efforts are vital in keeping rural villages environmentally safe. (8
Tribes, 1 Intertribal Consortium; 2 Tribal Partnership Groups)
There is no question that tribal community waste collection and disposal, as well as reduction
programs such as recycling and composting, provide tangible health and environmental benefits.
These programs are particularly important given EPA's decision to eliminate the majority of
funding previously available for open dump clean up, as well as the Agency's own limited
authority to implement or enforce waste-related programs in Indian Country. (8 Tribes, 1 Tribal
Partnership Group)
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Category: Performance Management & Capacity Indicators
Theme: Defining Indicators
Clearly define capacity indicators and what they are supposed to measure since they are not
necessarily reflective of the actual work on the ground. Apply a uniform definition of
"implementation," "capacity building," and "achieving capacity." (16 Tribes, 2 Intertribal
Consortia; 2 Tribal Partnership Groups)
Tasks developed for the work plan were based on the tribe's environmental needs and priorities.
Recently, funding for these tasks have been denied because they did not tie to any of the specific
EPA-defined indicators listed in the Guidebook. (8 Tribes; 1 Tribal Partnership Group)
Consider other Agency program guidance as models, e.g., 106 has beginning, intermediate, and
mature. (1 Tribal Partnership Group)
-	Need feedback of what the tribe needs to do to achieve an indicator. Tribes would like to
understand what EPA knows and be on the same page as to what the tribe needs to do to move
forward. (1 Tribe)
Theme: Interpreting Indicators
Capacity indicators should be interpreted broadly with the focus on tribal needs and specific
environmental concerns. The included capacity indicators are rigid, and project officers are often
not receptive to tailoring the indicators to reflect tribal needs, existing capacities, or capacity
development. The GAP Guidance is inconsistent with EPA's commitment to Cooperative
Federalism by attempting to dictate a one-size-fits-all mandate to the use, review, and approval
of funds, including the ETEP process and a pre-determined set of capacity indicators. (19 Tribes,
1 Intertribal Consortium; 4 Tribal Partnership Groups)
Capacity building is for the entire tribe, not just the environmental department. Capacity
indicators help when we start addressing environmental issues our community and elected Tribal
Councils prioritize. The guidance needs to be a "steps to success" or a "How to." It needs to
incorporate success stories - from tribal success stories to EPA success stories. Share ideas from
other tribes on their decisions and why. Flowcharts, illustrating for EPA what certain tribes need
to deal with, should be done before capacity building. (7 Tribes, 2 Intertribal Consortia)
-	Would like to see performance measures for more traditional ecological knowledge (TEK)
related activities, and other measures that allow tribal environmental personnel to attend
meetings with groups conducting projects in their area which can impact that tribe's
environment. More specifically, meetings with mining companies and non-profit environmental
groups. (1 Intertribal Consortium)
Theme: Establishing Indicators
-	U.S. EPA should work with tribes to develop mutually acceptable tribal indicators specific to the
unique needs of the tribe when the listed indicators are not compatible with capacity building in
tribal environmental programs and provide more time to get these parts established. (5 Tribes, 2
Intertribal Consortia; 3 Tribal Partnership Groups)
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It would be preferable that U.S. EPA apply different, customized benchmarks for determining
whether various programs and activities under GAP are accomplishing targeted goals. (2 Tribes)
There seems to be a big disconnect between the tribe and the project officer in trying to
communicate where they are in their capacity and what they want to achieve by using capacity
indicators (e.g., the way they are worded, the unclear scope of each indicator, the fact that the
tribe must interpret EPA's indicators instead of using their own). (3 Tribes)
-	ETEPs can be a better indicator of whether a tribe is achieving capacity building than a capacity
indicator. (2 Intertribal Consortia)
-	Building core capacities are good indicators for effective communications. When comment
periods are available it becomes difficult for tribes with high staff turnaround to provide
comments on environmental issues. Tribes and EPA need to work together on an annual basis to
keep communications free and clear. (2 Tribes)
-	Many, if not most, pollution releases occur off-reservation, where tribes end up responding to the
actions of others rather than directly regulating pollution sources. In these cases, the
development of tribal regulatory programs and receiving delegation of EPA regulatory
authorities may not result in the type of pollution management necessary to protect the human
health and the environment in Indian country. Address our capacity to review and respond to
environmental reviews and proposed permitting of off-reservation facilities that have the
potential to impact the reservation environment. There is importance in building the capacity to
develop and maintain relationships with Federal, state, and local agencies that have jurisdiction
over off-reservation facilities, along with the capacity to review and respond to environmental
reviews and proposed permitting of such facilities may be most effective. (8 Tribes; 1 Tribal
Partnership Group)
Theme: Tracking and Reporting Indicators
The 2006 GAP Guidance included a workplan template and categories to be used for tracking
and reporting purposes. The template and categories appear to be appropriate and were much
easier for tribes to work with than the current guidance requirements regarding capacity
indicators. How was that information compiled and outcomes tracked and reported, and why did
that effort not work? EPA should revert to the 2006 Guidance template and categories, and
approve tribally defined indicators within this context. Suggest doing a pilot project using the
2006 Guidance template and categories, coupled with some appropriate software, to track and
report. (9 Tribes; 1 Tribal Partnership Group)
Tribes should be able to self-report progress and benefits instead of using indicator codes (they
are time consuming, complicated, and confusing). (2 Intertribal Consortia)
Tribes followed the previous Guidance but EPA did not do its responsibility to track and report
the information tribes provided. How could EPA most effectively measure and report on the
important outcomes achieved through GAP funding? Some identify specifically that AIEO
should be doing the tracking and reporting. (13 Tribes; 3 Intertribal Consortia; 1 Tribal
Partnership Group)
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Is the end of year joint evaluation shared with AIEO? Why isn't EPA using this as a form of
identifying success in which it was designed for? (2 Tribal Partnership Groups)
Consider a template where workplan is modified to include reporting column for
outcomes/results. Do not make it annual - do not make it hard. (1 Tribe)
Theme: Measuring Indicators
Add weights to tribes' GAP success stories to help measure them. Sometimes it helps to track
and measure what is not working, as this could help find common areas where tribes are failing,
and what they did to get back up. Why did tribes not achieve deliverables? Go into detail on
what caused the failure and suggest an improvement plan. (1 Tribe)
It is difficult to quantify with GAP since a lot of GAP is administrative not implementation. One
would need to categorize what can be easily quantified and what cannot to provide EPA with
numbers and metrics. (1 Tribe)
- Measuring outcomes should be done simply by determining whether work plan goals are met and
if funding was used appropriately for goals defined in the work plan. (1 Tribe)
Theme: Data Management
Some tribes rely heavily on data management; systems used are often difficult to operate, not
very user friendly, and may be further complicated by internet access issues. Sharing data helps
tribes "get on the map" with policy makers. (6 Tribes, 1 Tribal Partnership Group)
Theme: Tribal Challenges
Tribes often lack sufficient staff resources able to plan, develop, and establish environmental
programs. Many tribes' homelands are located in remote, rural areas of the country where it is
difficult to attract technical staff for employment. Tribal members are gaining educational
degrees in such areas, but they may be hired off the reservation or their credentials are not quite
in the area of needed expertise. Given these challenges that tribes face with limited staff
resources and technical capabilities, it would be preferable that U.S. EPA apply different,
customized benchmarks for determining whether various programs and activities under GAP are
accomplishing targeted goals. (3 Tribes)
Theme: Regional Inconsistencies
The capacity indicators do not fully capture regional needs or priorities and there is inconsistency
across regions in interpretation of indicators. Some regions utilize these measures to disqualify
tribes from funding, such as concluding that a tribal environmental outreach plan is insufficient
to justify further funding. (3 Tribes, 1 Intertribal Consortium, 2 Tribal Partnership Groups)
At least one EPA region has been suggesting tri-annual review for ETEP evaluation activities,
despite the GAP Guidance stating that ETEPs are living documents and should be reviewed
annually and updated as appropriate. (1 Tribe)
Theme: Performance Management for Consortia Activities
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EPA Office of International and Tribal Affairs
March 2019
Consortia results can be measured by: (1) number of tribes helped with capacity development
and (2) nature/type of help or support provided. Other assistance provided can be captured as
well. (3 Intertribal Consortia)
- We are a consortium of just four tribes. Our member tribes do not necessarily have capacity to
engage with EPA on the national level and at a level of technical detail needed. It appears that
the capacity indicators cover this type of effort. The capacity indicators allow us to capture that
type of work. (1 Intertribal Consortium)
The easiest way of measuring results may be for the consortium to send out a tool to each tribe's
environmental staff to use and submit its "grading" of the consortium's work to the consortium so
that it can determine how to better serve its tribes. This "grading" would be shared with EPA so
they could also help the consortium better service its tribes. (2 Tribes; 1 Intertribal Consortium)
One intertribal consortium submitted, along with their comment letter, a draft "Tribal-EPA
Capacity Matrix" as a first effort at measuring both EPA and any given tribe's capacity to
implement tribal environmental programs. This matrix would offer a score of achievement with
the understanding that sustaining GAP funding is also a success towards measuring capacity. (2
Tribes; 1 Intertribal Consortium)
The GAP Guidance can better support tribal capacity in terms of helping get training, capacity
building, and the creation of other response programs for the consortium. It is important to show
how the consortia is working directly with the tribe. (2 Tribes, 3 Intertribal Consortia)
Theme: Working with EPA
Tribes and EPA should work together on success stories and challenges and to develop a shared
vision of success (i.e., measure benefit to tribes and environment vs. progress). Suggest EPA (at
all levels) have meetings with tribes to better understand how important the program is to tribal
communities. (1 Tribe; 2 Intertribal Consortia; 1 Tribal Partnership Group)
It would be helpful to create a centrally accessible online chat community for government
environmental officials to gain access to information about upcoming events, studies, new
regulations and policies, and other similar public information to share with their government
counterparts in the region. (1 Tribe)
Theme: Clarity and Consistency
It is not clear how the Guidance helps EPA report tribal capacity development; clarification is
needed on what to measure and how to track. Reporting requirements are inconsistent and poorly
defined. (3 Tribes; 1 Intertribal Consortium)
Theme: Ineffectiveness of Capacity Indicators
Capacity indicators should be removed from the GAP Guidance. (1 Tribal Partnership Group)
Capacity indicators are an administrative burden for our tribes and they have not improved EPA
reporting. EPA does not use them for any tracking or reporting, so in context of the 2008 OIG
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report, the GAP Guidance has failed to establish a mechanism to report tribal capacity building
performance. (8 Tribes; 1 Intertribal Consortium; 1 Tribal Partnership Group)
- Following a sequential path for capacity building is not always practical or realistic. If a tribe has
an advanced program it should not need to focus its energy on completing a basic program
activity in order to check a box so it can do the advanced activities it is already engaged in. (7
Tribes; 1 Intertribal Consortium; 2 Tribal Partnership Groups)
GAP Guidance indicators to do not align with tribal communities. New performance measures
need to be created in the improved GAP Guidance, replacing the capacity indicators in the 2013
GAP Guidance. These new performance measures should be both quantitative and qualitative.
They should be created by working with tribal leaders and tribal environmental representatives.
(2 Intertribal Consortia)
Maintaining technical capacity is another area that U.S. EPA identifies as one-and-done courses
and suggests utilizing media-specific program funding for maintaining capacity. (1 Tribe)
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EPA Office of International and Tribal Affairs
March 2019
Category: EPA-Tribal Environmental Plans (ETEPs)
Theme: Positive
-	ETEPS are helpful in that they create a regulated facilities inventory as well as look at a tribe's
long-term goals, and by updating plans to be consistent with the actual tribal operations and
strategic planning, they remain relevant and help ensure that funding is used effectively and
efficiently to address tribal priorities. (5 Tribes; 4 Intertribal Consortia)
Theme: Administrative Burden and Flexibility
-	ETEPs often create redundant, administrative burdens on tribes, and should have the ability to be
flexible, broad, and/or tribal friendly, as tribes might plan differently, or have longer term
planning than states, as well as are all in different stages of capacity development. (16 Tribes; 3
Tribal Partnership Groups)
Theme: Not Helpful
The ETEP is generally not used as a tool to communicate priorities and goal setting, as both are
done through the work plan, and they seem to be more helpful to EPA than to tribes. (9 Tribes; 1
Tribal Partnership Group)
Theme: Consistency
-	EPA project officers need to be consistent on ETEP implementation and understand all elements
of the GAP Guidance. (4 Tribes; 1 Tribal Partnership Group)
Theme: Incentives/Funding
Tribes should be allowed to use GAP funds to update and help with goals in the ETEPs and EPA
should provide incentives, and allow funding, for tribal members to participate. (8 Tribes; 1
Intertribal Consortium; 1 Tribal Partnership Group)
Theme: Consortia
-	EPA should clarify the responsibilities of the consortia with respect to ETEPs in the GAP
Guidance, as consortia do not do the work in the ETEPs, but support tribes in their own work. (3
Tribes; 4 Intertribal Consortia)
Theme: Legal
Questioning the legal basis for requiring ETEPs, as these plans are not a requirement of the
original GAP Statute, but rather are recommendations from the 2008 OIG report. (16 Tribes; 1
Intertribal Consortium; 3 Partnership Groups)
Theme: Timeliness Concerns and Purpose/Benefit Confusion
There is confusion regarding the purpose and benefits of the ETEPs and what EPA wants to see
in ETEPs, as well as concerns regarding the requirements for ETEPs not being conveyed to the
tribes in a timely matter (especially considering that they need to go through tribal councils). (5
Tribes; 1 Intertribal Consortium)
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Theme: More EPA Help/Involvement
-	EPA could be more helpful to tribes in finding and providing technical assistance regarding other
sources of funds to achieve their environmental goals, as well as should respond with options for
use and maximization of EPA, and other Federal, programs necessary for an efficient and
effective department. (9 Tribes; 1 Intertribal Consortia; 1 Tribal Partnership Group)
Theme: Research and Review
-	EPA should review notes from the previous few years of RTOC meetings for comments about
ETEPs, as well as should establish a cycle for revisiting and reviewing new ETEP standards,
including recommending that tribes review their ETEPs annually, as the GAP Guidance states
that ETEPs are living documents and should be reviewed annually and updated as appropriate. (1
Tribe)
Theme: ETEPs and Performance Partnership Grants (PPGs)
Combining the ETEP with a PPG workplan reduces the administrative burden somewhat and
assists in the development of an ETEP. One tribe is concerned that EPA will require additional
paperwork for ETEPs combined with PPG work plans. One tribe noted that the PPG format
assists in the development of an ETEP. (2 Tribes)
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EPA Office of International and Tribal Affairs
March 2019
Category: (i \V Online
Theme: Challenges
GAP Online is time consuming and could have better functionality, including how work is saved
(i.e., if your work is not at "proper time" saved then you lose the information entered), having
the ability to see other sections as you enter your data (e.g., deliverables or outcomes), and
providing for work plan or budget amendments. (10 Tribes; 1 Tribal Partnership Group)
Theme: All-inclusive Program
GAP Online needs to be an all-inclusive and streamlined program, including the ability for tribes
to submit draft work plans, narratives, and budgets for project officers to make
recommendations, as well as to tabulate current tribal successes in building capacity. (3 Tribes)
Theme: Tracking/Reporting
- Invest in GAP Online to meet the tracking and reporting needs; suggest a pilot to see upgrades
needed using 2006 Guidance. (8 Tribes; 2 Tribal Partnership Groups)
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Category: Evaluation Process
Theme: Collaborate
-	EPA needs to work with tribes on the revised GAP Guidance and not develop it in isolation and
then ask what they think, including recommendations for more RTOC involvement and regular
updates on the process from the RTOC, as well as EPA making a better effort to meet with the
tribes that request consultation and synthesizing information given during these consultations
into digestible pieces. (16 Tribes; 4 Intertribal Consortia; 4 Tribal Partnership Groups)
Theme: Transparency
-	Would like to know more information regarding discussions that take place among EPA and the
National Tribal Caucus. (1 Tribe)
-	During this process it would be helpful to see the rules and responsibilities that EPA will use to
guide the creation of the new GAP Guidance. (1 Intertribal Consortium)
Once it is finalized, there is a request to see a crosswalk of changes between the 2013 GAP
Guidance and the new GAP Guidance. (1 Intertribal Consortium; 1 Tribal Partnership Group)
Theme: Consultation
-	Webinars, consultation calls, presentations at conferences, and letters do not represent a
government-to-government consultation. (2 Tribes)
Theme: Consortia-Related
Allow consortia to provide first-hand experiences to EPA and serve as a conduit for information
that tribes are uncomfortable sharing directly. (2 Tribes; 1 Intertribal Consortium)
Typically, consortia staff work closely with tribal staff and as such are a perfect conduit for
tribes to use in forwarding concerns and complaints to EPA. For example, many member tribes
have shared details of their experiences with project officers with consortia staff because they
feel uncomfortable with providing feedback directly to EPA. Consortia can provide both first-
hand experiences to EPA as well as act as a conduit of information tribes themselves are
uncomfortable with sharing. There should be greater use of consortia as intermediators between
EPA and tribes. (2 Tribes; 2 Intertribal Consortia)
Ensure that tribal comments are primary over the comments from consortia. (1 Intertribal
Consortium)
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