NTAA: Resources

Volkswagen Settlement Work Group


The NTAA VW Settlement Tribal Work Group was formed to address the historic settlement that will provide $55 million to Tribes in the near future and ensure fair access to all Tribes as the settlement moves forward. This page includes information and resources for Tribes to help them understand and access this historic settlement.

October 2, 2017 is the Trust Effective Date for the VW Settlement.
Click here to view the signed Tribal Beneficiary Trust Agreement filed with the court.

Click here to see the notice of filing with the court
As a reminder, Tribes and states each have their own separate trust each managed separately by the trustee, Wilmington Trust, N.A. The trustee will be posting a website for Tribes to access and submit forms necessary to access funds. Stand by for more information!

The NTAA VW Settlement Tribal Work Group hosts monthly calls for Tribes on the 2nd Thursday of each month. Check NTAA’s calendar or NTAA’s Weekly Update for information on the next call.

Feel free to contact:

Andy BesslerAndy Bessler, NTAA Project Director
Andy.Bessler@nau.edu




Click HERE to view a fact sheet for the VW Settlement Work Group
Click here to view a flier on the NTAA VW Settlement Work Group


Updates on the VW Settlement:

Use the scrollbar below to keep reading

On October 2, 2017, the VW Settlement Trust Effective Date (TED) was established. Tribes have until January 2, 2018, (90 days from the TED) to apply for beneficiary status for this first year. NTAA has developed a Fact Sheet and a Beneficiary Claim Checklist to help guide Tribes in the application process.

9/19/17 NTAA received word that Honorable Judge Charles Breyer signed his approval on the $55 million settlement for Tribes to help fund and implement environmental mitigation projects in the coming decade. With Judge Breyer's approval the morning of September 19, 2017, the VW Settlement for Tribes moves to all the settlement parties for signatures. Once the attached agreement has all the signatures and is filed with the court, we will have a Trust Effective Date! Thanks to all the NTAA VW Settlement Work Group members and others who have contributed to finalizing this historic settlement! You can view the Judge’s order here.

9/15/17: The NTAA Executive Committee submitted a letter to the U.S. DOJ and EPA with a request for a legal opinion on a tax issue with the VW Settlement related to the separation of the Tribal and State trusts. NTAA again recorded the EC’s request for reconsideration of the funding match requirement for the VW Settlement’s DERA option’s for Tribes. You can view the letter here.

9/6/17: The final VW Settlement Trust Agreement was made public and submitted to Federal District Court Judge Breyer for approval. This will set into motion the VW Settlement for Tribes. If and when Judge Breyer approves the settlement, his approval will set the Trust Effective Date (TED). The TED starts a 90-day clock for Tribes to submit their Beneficiary Claims and Environmental Mitigation Plans for funding to the trustee. The $55 million settlement will be available to Tribes for the next 10 years. You can find the full court motion, trust agreement and template forms Tribes must fill out to gain access to the Settlement by clicking here

The final VW Settlement trust agreement includes modifications from the original settlement. The modifications include:

Once Judge Breyer approves the trust agreement, a 90-day window opens for Tribes to submit funding requests to the trustee. After that, window closes, Tribes may submit plans on September 1st of each year for the following 9 years.

As requested by Tribes during consultation and negotiations, the Trustee has agreed to establish both a Technical Assistance Provider (TAP) to assist Tribes in preparing funding requests and a Tribal Advisory Committee (TAC), and has selected the Institute for Tribal Environmental Professionals (ITEP) as the TAP and as the coordinator of the TAC. The TAP will be funded with 5% of Tribal Allocation Subaccount, and an $30,000 portion of the Tribal Administration Account will pay for the TAC costs.

Modifications to the Trust Agreement have been made and there will now be two Trusts: one for States/Puerto Rico/District of Columbia and one for Indian Tribes.

Appendix D has been modified to extend the application period from 6 years to 10 years. If the fund is oversubscribed in a given year, funds will be allocated according to census information.

On June 28, 2016, the United States lodged with the court a settlement with automaker Volkswagen to resolve allegations that Volkswagen violated the Clean Air Act (“CAA”) by the sale 2.0 and 3.0 liter diesel engines equipped with “defeat devices” (“CAA 2.0 Liter Partial Settlement”) meant to falsify air emission tests. The major excess pollutant at issue in this case is oxides of nitrogen (NOx), and is a serious public health concern.

Information Click the tabs below to learn more





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Click Here to Join NTAA as a Member Tribe

The National Tribal Air Association is funded
through a grant from the United States
Environmental Protection Agency's
Office of Air & Radiation (OAR)

National Tribal Air Association • PO Box 15004 • Flagstaff, AZ 86011 • (928)523-0526 • (928)523-1266 (fax)


Volkswagen Settlement Work Group




Work Group Meeting Summaries


August 10th, 2017
July 13th, 2017
June 15th, 2017
May 18th, 2017
April 20th, 2017
February 9th, 2017
January 12th, 2017
November 10th, 2016

Click Here to Join NTAA as a Member Tribe

The National Tribal Air Association is funded
through a grant from the United States
Environmental Protection Agency's
Office of Air & Radiation (OAR)

National Tribal Air Association • PO Box 15004 • Flagstaff, AZ 86011 • (928)523-0526 • (928)523-1266 (fax)


August 18th, 2017 the NTAA Executive Committee sent this letter to the U.S. DOJ regarding updates on the VW Settlement Trust Agreement and feedback they were looking for in regards to the Trust Agreement.

July 20th, 2017, After the training at the National Tribal Forum on Air Quality, the NTAA VW Settlement Work Group developed several questions raised at the training. Click here to view the letter submitted to DOJ and click here to view the DOJ’s response

Click here for a basic fact sheet on the VW Settlement Work Group

NTAA/ TAMS Correspondence


9.15.17 Letter to DOJ from NTAA on tax and DERA concerns with VW Settlement

The NTAA Executive Committee submitted a letter to the U.S. DOJ and EPA with a request for a legal opinion on a tax issue with the VW Settlement related to the separation of the Tribal and State trusts. NTAA again recorded the EC’s request for reconsideration of the funding match requirement for the VW Settlement’s DERA option’s for Tribes.

Click HERE for document.

August 2016 Volkswagen Settlement Comment Letter

RE: Comments from the National Tribal Air Association and the Tribal Air Monitoring Support Center on the Partial Consent Decree as part of the Volkswagen “Clean Diesel” Marketing, Sales Practices, and Products Liability Litigation, Case No: MDL No. 2672 CRB (JSC), and D.J. Ref. No. 90-5-2-1-11386.

Click HERE for document.

June 2016 EPA Letter

Subject: NTAA Reccomendations for the Distribution of Funds for Environmental Mitigation and Supplemental Environmental Projects Related To Alleged Volkswagen Violations

Click HERE for document.

August 2016 Volkswagen Template Letter

RE: Comments from the National Tribal Air Association and the Tribal Air Monitoring Support Center on the Partial Consent Decree as part of the Volkswagen “Clean Diesel” Marketing, Sales Practices, and Products Liability Litigation, Case No: MDL No. 2672 CRB (JSC), and D.J. Ref. No. 90-5-2-1-11386.

Click HERE for document.

November 2016 NTAA & TAMS VW Comment Letter to DOJ

RE: Comments of the National Tribal Air Association and the Tribal Air Monitoring Support Center Steering Committee regarding the consolidated list of recommended trustees contemplated in the Partial Consent Decree of the Volkswagen “Clean Diesel” Marketing, Sales Practices, and Products Liability Litigation, Case No. 16-cv-295 (N.D. Cal.)

Click HERE for document.

December 2016 NTAA and TAMS Letter to EPA on the VW Settlement
NTAA & TAMS VW Comment Letter to DOJ

RE: Concerns Regarding the DERA option in the Volkswagen “Clean Diesel” Marketing, Sales Practices, and Products Liability Litigation Settlement

Click HERE for document.

Click Here to Join NTAA as a Member Tribe

The National Tribal Air Association is funded
through a grant from the United States
Environmental Protection Agency's
Office of Air & Radiation (OAR)

National Tribal Air Association • PO Box 15004 • Flagstaff, AZ 86011 • (928)523-0526 • (928)523-1266 (fax)

Court Documents




All court documents are posted here.


Court Documents on Trust Effective Date



10.2.17 Attachment B Signed Environmental Mitigation Trust Agreement For Indian Tribe Beneficiaries
Click HERE to view.

Trust Agreement For Indian Tribe Beneficiaries Appendix D-2: Eligible Mitigation Actions
Click HERE to view.


10.2.17 United States' Notice of Filing of Trust Agreements
Click HERE to view.


10.2.17 Attachment A United States' Notice of Filing of Trust Agreements For State Beneficiaries
Click HERE to view.


Other Court Documents



9.19.17 Approval of VW Trust Settlement Agreement for Tribes by Judge Charles Breyer
Click HERE to view.


VW Mitigation Trust Motion Docket Stamped 9.6.17
Click HERE to view.


VW Settlement Trust Agreement 9.6.17
Click HERE to view.


VW Settlement Memo In Support of Motion of Finalized Motion 9.6.17
Click HERE to view.


Certification for Beneficiary Status Under Environmental Mitigation Trust Agreement
Click HERE to view.


Judge Breyer Court Order 10.25.16
Click HERE to view.


U.S. Department of Justice Consultation Framing Document
Click HERE to view.

Indian Country Projects


Under construction...

Click Here to Join NTAA as a Member Tribe

The National Tribal Air Association is funded
through a grant from the United States
Environmental Protection Agency's
Office of Air & Radiation (OAR)

National Tribal Air Association • PO Box 15004 • Flagstaff, AZ 86011 • (928)523-0526 • (928)523-1266 (fax)

Tribal Advisory Committee


Under construction...

Click Here to Join NTAA as a Member Tribe

The National Tribal Air Association is funded
through a grant from the United States
Environmental Protection Agency's
Office of Air & Radiation (OAR)

National Tribal Air Association • PO Box 15004 • Flagstaff, AZ 86011 • (928)523-0526 • (928)523-1266 (fax)

How Tribes Can Apply For VW Settlement Funds


EPA’s fact sheet on the DERA Option in the Volkswagen Settlement for Tribes
Click here for an NTAA Fact sheet on the VW Settlement
Use this site to look up your vehicle specifics such as class rating on the vehicle’s VIN (vehicle identification number).

Northern Arizona University’s Institute for Tribal Environmental Professionals has been identified in the VW Settlement Trust Agreement as the technical assistance provider for Tribes. If you have any questions or need help filling out these forms, please e-mail ITEP here


VW Settlement Beneficiary Claim Checklist
This checklist was designed to help Tribes navigate the process of becoming Beneficiaries for the Volkswagen Settlement.

The Trust Effective Date was October 2, 2017; the 90-day deadline for submitting required paperwork is estimated to be January 2, 2018.

This checklist aims to have Tribes submit their Beneficiary paperwork by December 22, 2017, to avoid competing demands during the Christmas and New Year’s week and to allow for extra time in case of unforeseen circumstances.

Click HERE for document.


Appendix D-2: Trust Agreement For Indian Tribe Beneficiaries Eligible Mitigation Actions

Here is a detailed list of vehicles that eligible Tribal beneficiaries may use to replace or repower utilizing funding from the settlement.


Click HERE to view.

Appendix D-3: Certification for Beneficiary Status Under Environmental Mitigation Trust Agreement

This is the form that tribes need to submit to the court and trustee to apply to be a beneficiary.

Click HERE for document.

To become eligible for the settlement, Tribes must also submit the D-3 form to the District Court of Northern California and to the trustee, Wilmington Trust, N.A. Tribes can submit the D-3 form to the court via either: U.S. mail

United States District Court
RE: United States V. Volkswagen AG et al.
Case No. 16-cv-296 (N.D. Cal.)
450 Golden Gate Avenue, Box 36060
San Francisco, CA 94102-3489

Tribes may e-file the D-3 form to the court if they have an attorney registered on the court’s ECF filing system found here.


Appendix D-4: Beneficiary Eligible Mitigation Action Certification

This is the application form that Tribal beneficiaries must fill out to apply for funding.

Click HERE for document.

DERA Option Requirement

When submitting their Beneficiary Eligible Mitigation Action Certification (Appendix D-4 of the trust agreement) a tribal entity can select “Item 10 - The DERA Option” as an EMA for funding. This requires a DERA proposal to be submitted as Attachment E.

Tribes that wish to utilize the DERA Option must submit this Notice of Intent to Participate Fiscal Year 2017 Funding form with their D-4


Click Here to Join NTAA as a Member Tribe

The National Tribal Air Association is funded
through a grant from the United States
Environmental Protection Agency's
Office of Air & Radiation (OAR)

National Tribal Air Association • PO Box 15004 • Flagstaff, AZ 86011 • (928)523-0526 • (928)523-1266 (fax)

Helpful Web Links

This page contains external links to commercial service providers. These links should not be considered an endorsement by the NTAA.



State and Local Resources

NASEO & NACAA VW Settlement Clearinghouse
NACAA’s State and Local Agency Information
Minnesota’s Pollution Control Agency Volkswagen page
NASEO


Diesel Retrofits

Resources and Information:
EPA’s Verified Technologies for SmartWay and Clean Diesel
EPA’s In-Use Measures: Heave-Duty Retrofits Related Links for State and Local Transportation Resources
Diesel Technology Forum’s “Why Retrofit?”

Commercial Providers:
Clean and Green
Diesel Exhaust & Emissions
Johnson Matthey Catalysts


Electric Vehicles

Resources and Information:
Electrify America
Thought Co.’s Electric Buses – An Introduction
DOE Alternative Fuels Data Center

Commercial Providers:
Adomani Electric
GreenPower Bus
Wrightspeed Powertrains
Motiv

Click Here to Join NTAA as a Member Tribe

The National Tribal Air Association is funded
through a grant from the United States
Environmental Protection Agency's
Office of Air & Radiation (OAR)

National Tribal Air Association • PO Box 15004 • Flagstaff, AZ 86011 • (928)523-0526 • (928)523-1266 (fax)

Training Materials


These videos recorded the first VW Settlement training for Tribes held at the National Tribal Forum on Air Quality in Tucson, Arizona on May 8, 2017. Presentations were made by the NTAA, EPA, and the Makah Indian Tribe. Click on the tabs below the video to download the presentations shown during the training.


Fact Sheet



  Volkswagen Factsheet
   Click HERE for document.

VW Settlement Training at NTFA- EPA Part 1



Part four of the VW Settlement Training for Tribes on May 1, 2017 at the National Tribal Forum on Air Quality.


2011 DERA-Makah Work Plan Narrative Final 9-21-11
Click HERE for document.


2017 Q3 EPA DERA Report
Click HERE for document.


DERA and VW_NTF17
Click HERE for document.

Examples of medium and heavy duty trucks
Click HERE for document.

Grants Process (NTFAQ May 2017)
Click HERE for document.


Makah Phase I Final Report
Click HERE for document.


Makah_DERAProgram
Click HERE for document.


VW-DERA Tribal Timeline 050117
Click HERE for document.

Full Audio VW Settlement Training at NTFAQ



VW Settlement Training at NTFAQ - EPA Part 2



Part five of the VW Settlement Training for Tribes on May 1, 2017 at the National Tribal Forum on Air Quality.


2011 DERA-Makah Work Plan Narrative Final 9-21-11
Click HERE for document.


2017 Q3 EPA DERA Report
Click HERE for document.


DERA and VW_NTF17
Click HERE for document.

Examples of medium and heavy duty trucks
Click HERE for document.


NASEO VW Presentation
Click HERE for document.

Grants Process (NTFAQ May 2017)
Click HERE for document.


Makah Phase I Final Report
Click HERE for document.


Makah_DERAProgram
Click HERE for document.


VW-DERA Tribal Timeline 050117
Click HERE for document.

VW Settlement Training at NTFAQ - DOJ Presentation



Part three of the VW Settlement Training for Tribes on May 1, 2017 at the National Tribal Forum on Air Quality.


  DOJ VW Settlement Presentation
   Click HERE for document.

VW Settlement Training at NTFAQ - Intro, NTAA & DOJ



Part two of the VW Settlement Training for Tribes on May 1, 2017 at the National Tribal Forum on Air Quality.


  DOJ VW Settlement Presentation
   Click HERE for document.

VW Settlement Training at NTFAQ - Introductions & NTAA



Part one of the VW Settlement Training for Tribes on May 1, 2017 at the National Tribal Forum on Air Quality.

Agenda for the VW Settlement training at NTFAQ
Click HERE for document.
Bessler_NTAAandVWBackground
Click HERE for document.

Click Here to Join NTAA as a Member Tribe

The National Tribal Air Association is funded
through a grant from the United States
Environmental Protection Agency's
Office of Air & Radiation (OAR)

National Tribal Air Association • PO Box 15004 • Flagstaff, AZ 86011 • (928)523-0526 • (928)523-1266 (fax)