Volkswagen Settlement:

How Tribes Can Apply For VW Settlement Funds

Northern Arizona University’s Institute for Tribal Environmental Professionals (ITEP) has been identified in the VW Settlement Trust Agreement as the technical assistance provider for Tribes. ITEP can assist by answering technical questions, reviewing application forms, and provide feedback to assist Tribes with the application process. If you have any questions or need help filling out Appendix D-3 and Appendix D-4 forms, please e-mail ITEP here

The first round of funding closed on January 2, 2018 but Tribes can apply for the second round of funding that closes on September 1, 2018.

VW Settlement News - As a response to the March 2, 2018 Court Order from Judge Charles R. Breyer, the U.S. Department of Justice (DOJ) issued two letters to Tribal Leaders regarding the Court Order’s requirement to “meet and confer” with Tribal Beneficiaries and potential Tribal Beneficiaries.
     The first letter dated March 16, 2018 details four possible approaches to allocation for an oversubscribed funding cycle. A call was held on March 21st with Tribes. Comments are due by March 28, 2018.
     The second letter dated March 27, 2018 provides several conceptual approaches to allocation for over subscribed funding cycle that were raised by Beneficiaries during the March 21st call.
     The Department of Justice accepted written comments until April 3, 2018.

VW Settlement News - On March 2, 2018 United State District Judge Charles R. Breyer ordered a 60 day stay for certain Trustee obligations under the Environmental Mitigation Trust Agreement for Indian tribe Beneficiaries. In compliance with the Order of the Court, the Trustee will not be publishing any notice, with respect to the first funding cycle on the Indian Tribe Trust's public-facing website at this time.
Instead, the U.S. Department of Justice and the Environmental Protection Agency, in consultation with the Trustee, will be establishing a schedule for the process described in the Order. The Trustee will share the details of that schedule and process as soon as they are available. Click here to read the Court Order.

Trustee: Wilmington Trust N.A.

The trustee for the settlement is Wilmington Trust. You can find additional information on the first round of funding of the settlement and get additional information by clicking here.

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 fillable document.
Please Note: Be sure to save this document as it cannot be submitted online through this website.

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. 3:15-MD-2672 CRB.
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

Click HERE for fillable document.
Please Note: Be sure to save this document as it cannot be submitted online through this website.

DERA Option Requirements

If a Tribe decides to use the DERA option, they may use one of the following two options as the required Attachment E to the Beneficiary Eligible Mitigation Action Certification submitted to the trustee:

1) The tribal entity may submit a copy of the “Project Narrative” portion of its application package submitted (or to be submitted) to EPA under the Tribal Clean Diesel Funding Assistance Program Fiscal Year (FY) 2017 Request for Proposals, Funding Opportunity Number EPA-OAR-OTAQ-17-08 . The “Project Narrative” should be prepared as described in Section IV.C and Appendix B of the Request for Proposals.

2) Alternately, the tribal entity may submit a Notice of Intent to Participate (Notice)

No matter what form the Tribe submits to the trustee with the D-4, Tribes must also submit the full DERA proposal to EPA by the RFP deadline of January 18th. If a Tribe is not selected for a DERA grant, then the funding from the VW Settlement cannot be used. See EPA’s fact sheet for details.

Helpful Web Links

ITEP VW Technical Assistance Program Work Plan and Budget
Full Trust Agreement for Indian Tribe Beneficiaries including all Appendices
NASEO & NACAA VW Settlement Clearinghouse
EPA’s fact sheet on the DERA Option in the Volkswagen Settlement for Tribes
Use this site to look up your vehicle specifics such as class rating on the vehicle’s VIN (vehicle identification number).
Click here for an NTAA Fact sheet on the VW Settlement