Justice40: Additional Efforts Needed to Improve Tribal Applicants' Access to Federal Programs Under Environmental Justice Initiative
Fast Facts
Underserved communities, such as Tribes, face barriers to accessing federal funding—like cost-share requirements that require participants to contribute some funding up front.
The Justice40 Initiative aims to increase underserved communities' access to funding, with a goal of directing 40% of the benefits of covered federal programs to such communities. However, some Justice40 program requirements also create access barriers. For example, competitive grants can include significant administrative requirements that can be difficult to meet, especially for smaller tribal recipients.
We recommended that agencies address barriers to program access.
Examples of Historic Barriers to Tribal Participation in Federal Programs
Highlights
What GAO Found
The Justice40 Initiative is the administration's goal for 40 percent of the overall benefits of certain federal investments to flow to disadvantaged communities. GAO reviewed six Justice40 programs in three selected agencies—the Environmental Protection Agency (EPA), Federal Emergency Management Agency (FEMA), and U.S. Department of Agriculture (USDA). GAO found that each agency adjusted program mechanisms to increase access to funding for underserved communities, including Tribes and eligible Indigenous communities (tribal applicants), in response to the Justice40 Initiative as well as other agency initiatives.
However, certain program characteristics create barriers to tribal applicants' ability to access selected covered Justice40 programs, including cost shares, administrative burdens, and certain statutory and regulatory requirements. For example, EPA has a mechanism to reduce administrative burdens for recipients by combining funds from multiple grants into a single budget. Agency officials told GAO that grants funded by the Infrastructure Investment and Jobs Act and Inflation Reduction Act are not eligible for this mechanism. Agencies have taken actions to identify statutory and regulatory barriers to access for tribal recipients. Additional actions to document and discuss these barriers with affected stakeholders to determine any additional statutory and regulatory changes needed could help tribal applicants more readily access covered programs, consistent with the Justice40 goal and executive orders.
Examples of Historic Barriers to Tribes' Access to Federal Programs
Selected agencies consulted with Tribes on new programs, funding opportunities, and related topics, such as equity assessments. However, the extent to which these efforts informed agency implementation of Justice40 is unclear because the agencies generally did not make related consultation results publicly available. Consistent with executive orders and presidential memoranda, considering publicly sharing high-level consultation summaries could help ensure Tribes have access to information about prior tribal input on federal programs. In turn, this information could inform Tribes' future input on Justice40 and reduce their administrative burdens. Additionally, GAO's review of the selected agencies' online consultation tracking systems and interviews with agency officials found that the agencies did not consult with Tribes specifically about the Justice40 Initiative. Interim implementation guidance directs agencies to consult with stakeholders, including Tribes, when determining Justice40 covered program benefits. Agencies have additional opportunities to consult with Tribes and conduct outreach on Justice40 implementation to ensure meaningful input.
Why GAO Did This Study
Underserved communities—including federally recognized Tribes and other historically marginalized people—experience a disproportionate share of adverse socioeconomic and environmental conditions, according to GAO's prior work. Executive Order 14008 established the Justice40 Initiative with the goal of delivering to disadvantaged communities 40 percent of the overall benefits of certain federal investments. In determining Justice40 benefits, guidance directed agencies to consult with Tribes and other stakeholders to ensure meaningful involvement.
GAO was asked to review agencies' implementation of the Justice40 Initiative with respect to tribal applicants. This report reviews the actions selected agencies took to (1) adjust programs to direct funding to tribal recipients, and (2) consult with Tribes and conduct outreach to Indigenous communities regarding the initiative. GAO examined laws, executive orders, presidential memoranda, guidance, and policies; and interviewed officials from three selected agencies, leadership from six Tribes, and representatives from seven tribal organizations. GAO selected a mix of agencies and programs based on tribal participation, funding mechanisms, and types of programs.
Recommendations
GAO is making a total of nine recommendations, including that EPA, FEMA, and USDA should document and address legislative and regulatory barriers, and conduct consultation and outreach about Justice40. The three agencies agreed with the recommendations.
Recommendations for Executive Action
| Agency Affected | Recommendation | Status |
|---|---|---|
| Environmental Protection Agency | The Administrator of EPA should ensure that the program offices of EPA Justice40 covered programs document previously identified statutory and regulatory barriers to access for tribal applicants informing their implementation of the Justice40 Initiative. As a part of this process, the agency should—with input from Tribes—identify any additional changes necessary to address remaining statutory and regulatory barriers, recommending legislative changes where the agency determines appropriate. The agency should make a summary of the results of this process publicly available. (Recommendation 1) |
In written comments reproduced in our report, EPA stated that it anticipates taking steps in the coming months to implement our recommendations on improving tribal applicants' access to Justice40 covered programs. We will update the status of this recommendation when we receive additional information from the agency.
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| Federal Emergency Management Agency | The Administrator of FEMA should ensure that program offices of FEMA Justice40 covered programs document previously identified statutory and regulatory barriers to access for tribal applicants informing their implementation of the Justice40 Initiative. As a part of this process, the agency should—with input from Tribes—identify any additional changes necessary to address remaining statutory and regulatory barriers, recommending legislative changes where the agency determines appropriate. The agency should make a summary of the results of this process publicly available. (Recommendation 2) |
In written comments reproduced in our report, FEMA stated that it anticipates taking steps in the coming months to implement our recommendations on improving tribal applicants' access to Justice40 covered programs. We will update the status of this recommendation when we receive additional information from the agency.
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| Department of Agriculture | The Secretary of Agriculture should ensure that program offices of USDA Justice40 covered programs document previously identified statutory and regulatory barriers to access for tribal applicants informing their implementation of the Justice40 Initiative. As a part of this process, the agency should—with input from Tribes—identify any additional changes necessary to address remaining statutory and regulatory barriers, recommending legislative changes where the agency determines appropriate. The agency should make a summary of the results of this process publicly available. (Recommendation 3) |
In written comments reproduced in our report, USDA stated that it anticipates taking steps in the coming months to implement our recommendations on improving tribal applicants' access to Justice40 covered programs. We will update the status of this recommendation when we receive additional information from the agency.
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| Environmental Protection Agency | The Administrator of EPA should ensure that program offices implementing Justice40 covered programs maintain records of related consultations with Tribes and consider—with tribal input—publicly sharing a high-level summary of consultation results, as appropriate, to improve tribal applicants' access to information about tribal input on federal programs and decrease the burden on Tribes and eligible Indigenous communities. (Recommendation 4) |
In written comments reproduced in our report, EPA stated that it anticipates taking steps in the coming months to implement our recommendations on improving tribal applicants' access to Justice40 covered programs. We will update the status of this recommendation when we receive additional information from the agency.
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| Federal Emergency Management Agency | The Administrator of FEMA should ensure that program offices implementing Justice40 covered programs maintain records of related consultations with Tribes and consider—with tribal input—publicly sharing a high-level summary of consultation results, as appropriate, to improve tribal applicants' access to information about tribal input on federal programs and decrease the burden on Tribes and eligible Indigenous communities. (Recommendation 5) |
In written comments reproduced in our report, FEMA stated that it anticipates taking steps in the coming months to implement our recommendations on improving tribal applicants' access to Justice40 covered programs. We will update the status of this recommendation when we receive additional information from the agency.
|
| Department of Agriculture | The Secretary of the USDA should ensure that program offices implementing Justice40 covered programs maintain records of related consultations with Tribes and consider—with tribal input—publicly sharing a high-level summary of consultation results, as appropriate, to improve tribal applicants' access to information about tribal input on federal programs and decrease the burden on Tribes and eligible Indigenous communities. (Recommendation 6) |
In written comments reproduced in our report, USDA stated that it anticipates taking steps in the coming months to implement our recommendations on improving tribal applicants' access to Justice40 covered programs. We will update the status of this recommendation when we receive additional information from the agency.
|
| Environmental Protection Agency | The Administrator of EPA should ensure that program offices consult with federally recognized Tribes and conduct outreach to eligible Indigenous communities to ensure meaningful involvement when determining benefits for Justice40 covered programs in accordance with EOP guidance and determine how to incorporate the input into future Justice40 implementation efforts. (Recommendation 7) |
In written comments reproduced in our report, EPA stated that it anticipates taking steps in the coming months to implement our recommendations on improving tribal applicants' access to Justice40 covered programs. We will update the status of this recommendation when we receive additional information from the agency.
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| Federal Emergency Management Agency | The Administrator of FEMA should ensure that program offices consult with federally recognized Tribes and conduct outreach to eligible Indigenous communities to ensure meaningful involvement when determining benefits for Justice40 covered programs in accordance with EOP guidance and determine how to incorporate the input into future Justice40 implementation efforts. (Recommendation 8) |
In written comments reproduced in our report, FEMA stated that it anticipates taking steps in the coming months to implement our recommendations on improving tribal applicants' access to Justice40 covered programs. We will update the status of this recommendation when we receive additional information from the agency.
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| Department of Agriculture | The Secretary of the USDA should ensure that program offices consult with federally recognized Tribes and conduct outreach to eligible Indigenous communities to ensure meaningful involvement when determining benefits for Justice40 covered programs in accordance with EOP guidance and determine how to incorporate the input into future Justice40 implementation efforts. (Recommendation 9) |
In written comments reproduced in our report, USDA stated that it anticipates taking steps in the coming months to implement our recommendations on improving tribal applicants' access to Justice40 covered programs. We will update the status of this recommendation when we receive additional information from the agency.
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