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Federal Register / Vol . 73 , No . 59 / Wednesday , March 26 , 2008 / Rules and Regulations 15911
<br /> representatives met with the TOC at the MBE/WBE procurement objective $ 250, 000 exemption or the exemption
<br /> EPA Tribal Caucus Regional joint requirements for research relating to the for PPG eligible program grants under
<br /> meeting in Miami , Florida , to discuss requirements of. the Clean Air Act, nor 40 CFR part 35 , subpart B . Finally, EPA
<br /> the staff draft rule and to obtain further EPA 's statutory 8 % MBE/WBE believes that a number of tribes which
<br /> tribal input into the rulemaking process, procurement objective requirements for otherwise would have to negotiate fair
<br /> Starting in November , 2000 , EPA all other programs , exempt tribes , share objectives may elect instead to
<br /> invited tribal recipients of EPA grants Therefore , tribes are not exempt from apply the objectives of another recipient
<br /> and cooperative agreements to this rule , because it promotes the in accordance with the requirements of
<br /> participate in outreach sessions held in utilization of all disadvantaged entities the rule . The rule will also provide
<br /> cities around the country in order to in procurement under EPA financial tribes with a three-year phase-in period
<br /> discuss the staff draft rule . EPA further assistance agreements , including tribally to comply with the fair share
<br /> solicited tribal input into the owned businesses and businesses negotiation requirement .
<br /> rulemaking at meetings with tribal owned by a member(s) of a tribe ,
<br /> officials/representatives at the 3 . Reporting a
<br /> nd Recordkeeping
<br /> Department of the Interior 2001 2 , Trigger for Fair Share Negotiations Requirements
<br /> Conference on the Environment hosted The issue of increasing the dollar Some tribes expressed concerns that
<br /> by the Bureau of Indian Affairs on amount of the trigger requiring keeping records of and reporting
<br /> March 13-15 , 2001 , in Albuquerque , compliance with the fair share objective purchases for EPA funded grants would
<br /> New Mexico and at the Reservation requirements and the corresponding impose a heavy burden on tribal
<br /> Economic Summit and American Indian availability analysis was of special governments . Instead , they suggested
<br /> Business Trade Fair (RES 2001 ) in concern to tribes awarded General basing reporting on the amount of
<br /> Anaheim , California, on March 20 , Assistance Program grants . Comments money the tribe received rather than on
<br /> 2001 . EPA further solicited tribal input also expressed the view that availability the amount of money it spent on outside
<br /> in another meeting with the TOC on analysis preparation requirements supplies and services .
<br /> April 24 , 2001 , in Miami , Florida. should apply only to tribes spending EPA considered these concerns and
<br /> As part of its ongoing tribal 90 % or more of their grants on outside concluded that 4. 0 CFR part 31 already
<br /> coordination on this rule , EPA held procurement. Other tribes expressed the requires tribes to comply with part 31 ' s
<br /> meetings with tribal officials to discuss view that preparing availability analyses recordkeeping and reporting
<br /> the staff draft rule in Boston, is too costly for them , especially for requirements , which included MBE/
<br /> Massachusetts on April 11 , 2001 and in smaller tribes . WBE recordkeeping and reporting . The
<br /> Seattle , Washington on Mav 23 , 2001 . In response to concerns raised by Agency believes that basing
<br /> EPA held further coordination meetings tribes , the trigger requiring compliance requirements on amounts received
<br /> with tribal officials to discuss a draft of with the fair share objective rather than on amounts spent would be
<br /> this Rule in Ocean Shores , Washington requirements has been increased to an inaccurate measurement of MBE/
<br /> during the week of January 28 , 2002 . On $250 ,000 from the $ 100 , 000 threshold WBE procurement utilization. EPA
<br /> July 24 , 2003 , the proposed rule was contained in an earlier draft of the rule. currently requires financial assistance
<br /> published in the Federal Register , with Also because of the nature of eligible recipients to report MBE/WBE
<br /> a 180- day comment period. After the program grants which can be included accomplishments based on dollars spent
<br /> rule was published in the Federal in Performance Partnership Grants on MBE/WBE procurements. Therefore ,
<br /> Register , EPA held 10 tribal meetings (PPGs) to tribes under 40 CFR part 35 , EPA is not adopting the suggested
<br /> across the country to solicit comments subpart B , and the unique nature of change , However, because of comments
<br /> and suggestions on the final rule . eligible recipients, the Agency is received requesting a reduction in the
<br /> EPA has considered tribal concerns exempting PPG eligible program grants burden created by quarterly reporting ,
<br /> and written comments in the final rule . to tribes under 40 CFR part 35 , subpart EPA has reduced the reporting
<br /> A summary of the nature of tribal B from the fair share negotiation requirement to semi -annually for
<br /> concerns and EPA 's response follows : requirements . recipients who currently report on a
<br /> 1 . Applicability of the Rule to Tribes Accordingly , only tribes receiving an quarterly basis . Recipients who
<br /> EPA financial assistance agreement of currently report annually will continue
<br /> Awards of Grants and Cooperative. more than $250 ,000 for any single to do so .
<br /> Agreements to tribes are currently assistance agreement , or of more than
<br /> governed by 40 CFR part 31 , " Uniform one financial assistance agreement with 4 . Compliance With the Good Faith
<br /> Administrative Requirements for Grants a combined total of more than. $ 250 , 000 Efforts Requirements
<br /> and Cooperative Agreements to State in any one fiscal year ( excluding PPG One comment objected to having to
<br /> and Local Governments . " These are eligible program grants under 40 CFR advertise in newspapers ; a comment
<br /> government wide requirements that part 35 , subpart B ) , will have to comply was also made that EPA should
<br /> have been in effect since 1988 , Among with the fair share objective investigate alternative mechanisms that
<br /> other entities subject to the regulations requirements . encourage a tribe to seek out MBEs/
<br /> are governments . The definition of The Agency believes that this change WBEs during the procurement process
<br /> "Government" in 40 CFR 31 . 3 includes effectively addresses the concerns by without incurring an unreasonable
<br /> * * * a federally recognized Indian setting a uniform standard applicable to financial burden,
<br /> tribal government , " Many requirements all recipients , including tribes , rather Section 7 (b) of the Indian Self-
<br /> contained in this rule are not new but than , for example , setting a standard Determination and Education
<br /> rather are the same requirements based on amounts spent by tribes on Assistance Act requires tribal
<br /> contained in 40 CFR part 31 , with outside procurement , which could pose governments to solicit tribally-owned
<br /> which many tribes already have been implementation difficulties . EPA I businesses and/ or businesses owned by
<br /> complying . For example , the reporting believes that most tribes will not have a member ( s) of a tribe , before
<br /> and recordkeeping requirements are to comply with the fair share objective undertaking the six good faith efforts ,
<br /> already applicable to Indian tribes . In requirements under the final rule Tribes are currently subject to 40 CFR
<br /> addition, neither EPA 's statutory 10 % because they will fall under the part 31 , which requires them to make
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