Capacity Building Grants and Cooperative Agreements for States and Tribes (66.709)
Program
66.709 Capacity Building Grants and Cooperative Agreements for States and Tribes
Federal Agency
OFFICE OF ENFORCEMENT AND COMPLIANCE ASSURANCE, ENVIRONMENTAL PROTECTIONAGENCY
Authorization
Clean Water Act, Section 104; Federal Insecticide, Fungicide, and Rodenticide Act, Section 20; Clean Air Act, Section 103; Solid Waste Disposal Act, Section 8001; Safe Drinking Water Act, Section 1442; Toxic Substances Control Act, Section 10; Marine Protection, Research and Sanctuaries Act, Section 203; Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, Section 311; National Environmental Policy Act, Section 102(2)(F) (for international awards); Indian Environmental General Assistance Program Act.
Program Number
66.709
Last Known Status
Active
Objectives
To build and improve the capacity of States, multi-jurisdictional State organizations and federally recognized tribes by providing assistance agreements to foster environmental enforcement and compliance assurance activities and to improve compliance with environmental laws. Such capacity building efforts may include economic, social science, statistical research, development, studies, surveys, demonstrations, investigations, public education, training and fellowships to the extent authorized under the Acts listed above. Funding Priority: This program provides targeted assistance to states and tribes in developing innovative sector-based, multi-media, or single-media approaches to enforcement and compliance assurance. Areas of emphasis have been: (1) tribal and state inspector training, (2) program planning and performance measurement, and (3) data management. Specific funding priorities are still to be determined for FY04. In establishing priorities for FY 04, the Office of Enforcement and Compliance Assurance (OECA) will consider national and regional focus areas input from states and tribes, as well as the success of various types of projects funded in prior years.
Types of Assistance
Project Grants (Cooperative Agreements).
Uses and Use Restrictions
The Office of Enforcement and Compliance Assurance identifies special focus areas each funding cycle (annually). Previous years have included calls for proposals for innovative enforcement and compliance assurance projects including performance measurement, data quality, and public access to information.
Eligibility Requirements
Applicant Eligibility
State agencies, U.S. territories, multi-jurisdictional State organizations, and federally recognized tribes, including the District of Columbia, with enforcement and compliance assurance responsibilities or responsibilities that support enforcement and compliance assurance including but not limited to data management or research.
Beneficiary Eligibility
State agencies, U.S. territories, multi-jurisdictional State organizations and federally recognized tribes, including the District of Columbia.
Credentials/Documentation
None.
Application and Award Process
Preapplication Coordination
The Office of Enforcement and Compliance Assurance typically requests pre-proposals from applicants detailing the substantive (not administrative) information asked for in the solicitation. Initial decisions are made based on headquarters and regional review of these pre-proposals and selected applicants are invited to submit full proposals using the standard application and following the application procedure below. This program is eligible for coverage under E.O. 12372, "Intergovernmental Review of Federal Programs." An applicant should consult the office or official designated as the single point of contact in his or her State for more information on the process that the State requires to be followed in applying for assistance, if the State has selected the program for review.
Application Procedure
The standard application forms as furnished by the Federal Agency and required by the OMB Circular No. A-102 must be used for this program. Requests for application forms and completed applications should be submitted to the appropriate EPA Regional Office (See Appendix IV of the Catalog).
Award Procedure
Each application shall be subjected to administrative coordination to determine adequacy in relation to grant regulations, and to technical and program evaluation to determine merit and relevancy of the project.
Deadlines
The solicitation (announcement of availability of funds) provides the complete schedule for application due dates.
Range of Approval/Disapproval Time
Appeals
As described in 40 CFR Part 31, Subpart F.
Renewals
None.
Assistance Considerations
Formula and Matching Requirements
There are no matching or formula requirements.
Length and Time Phasing of Assistance
Assistance is normally provided in one lump sum to the applicant for projects spanning 2 to 3 years. There is no restriction on the time permitted to spend the money awarded, although it is recommended that the money be spent within 5 years of receipt.
Post Assistance Requirements
Reports
Semi-annual reports must be submitted to the Project Officer for the duration of the project period. Final reports must be submitted upon completion of the project. A format for these reports is usually provided in the solicitation.
Audits
Assistance Agreements and Cooperative Agreements are subject to inspection and audit by representatives of the Comptroller General of the United States, EPA, or any authorized representative. Periodic audits should be made as part of the recipients system of financial management and internal control to meet terms and conditions of grants and other agreements. In accordance with the provisions of OMB Circular No. A-133, "Audits of States, Local Governments, and Non- Profit Organizations," nonfederal entities that expend financial assistance of $300,000 or more within the States fiscal year shall have an audit made for that year. The Office of Management and Budget (OMB) Circular No. A-133, "Audits of States, Local governments, and Non-Profit Organizations," was published in the Federal Register on June 30, 1997. The Circular implements the single Audit Act amendments of 1996. The Circular requires non-federal entities that expend more than $300,000 in Federal award dollars, to have an audit conducted in accordance with the circular's provisions. With the revised Circular, the Previous OMB Circular No. A-128 for single audits of and local governments was rescinded and the single audit requirements for these entities were incorporated among the provisions of OMB Circular No.A-133.
Records
Financial records including all documents to support entries on accounting records and to substantiate charges to each cooperative agreement must be kept available to personnel authorized to examine EPA grant accounts. All records must be maintained for 3 years from the date of the submission of the annual financial status report or longer if questions still remain, such as those raised as a result of audit.
Program Accomplishments
Eleven grants and cooperative agreements were awarded in fiscal year 2000. 26 grants and cooperative agreements were awarded in fiscal year 2001, and 16 projects were selected for funding in fiscal year 2002. The Office of Enforcement and Compliance Assurance identifies special focus areas each funding cycle (annually). Previous years have included calls for proposals for innovative enforcement and compliance assurance projects including performance measurement, data quality, public access to information, data management, inspector training, and performance measurement/program planning. New for FY 03, the Office of Enforcement and Compliance Assurance is planning to post the previous and current grant project results and outcomes on their OECA website at http://www.epa.gov/compliance/planning/state/grants.html.
Financial Information
Account Identification
68-0103-0-1-304.
Obligations
FY 02 $2,200,000; FY 03 est $2,200,000; and FY 04 est $2,200,000.
Range and Average of Financial Assistance
$35,000 to $250,000; $130,000.
Regulations, Guidelines and Literature
EPA Uniform Administrative Requirements for Grants and Cooperative Agreements to and Local Governments (40 CFR Part 35 Subpart A), October 12, 1982.
Related Programs
None.
Information Contacts
Regional or Local Office
See EPA Regional Offices listed in Appendix IV of the Catalog.
Headquarters Office
The Office of Compliance, Environmental Protection Agency, Ariel Rios Bldg., 1200 Pennsylvania Ave., NW., Washington, DC 20460. Telephone: (202)564-2280.
Web Site Address
http://www.epa.gov/compliance/planning/state/grants.html
Examples of Funded Projects
The focus area within enforcement and compliance assurance changes from year to year. The focus area for a given year is announced in a solicitation (Notice of Availability of Funds) which is distributed by EPA Regions and posted on the OECA web-site above. Previous focus areas are listed above under Program Accomplishments.
Criteria for Selecting Proposals
Specific criteria is established for each focus area and delineated in the Notice of Availability of Funds.
