Congressionally Mandated Projects (66.202)

Program

66.202 Congressionally Mandated Projects

Federal Agency

Agency: Environmental Protection Agency
Office: Office of the Chief Financial Officer

Authorization

Indian Environmental General Assistance Program Act; National Environmental Education Act; Marine Protection, Research, and Sanctuaries Act; Comprehensive Environmental Response, Compensation and Liability Act; National Environmental Policy Act; Safe Drinking Water Act; Toxic Substances Control Act; Resource Conservation and Recovery Act; Pollution Prevention Act of 1990; Federal Insecticide, Fungicide, and Rodenticide Act; Emergency Planning and Right to Know Act; Clean Water Act; Clean Air Act; Annual Department of the Interior, Environment, and related Agencies Appropriations Act; Superfund Amendments and Reauthorization Act; Oil Pollution Act; Solid Waste Disposal Act; NEPA, Section 102(2)(F).

Program Number

66.202

Last Known Status

Active

Objectives

To implement special Congressionally directed projects or programs identified in EPA's annual full year Appropriations Act or Conference Report. These assistance agreements support surveys, studies and investigations; research and demonstrations; and special projects which are not requested by EPA in their annual budget request to Congress. Some of these special projects may be identified for designated organizations, local governments, or state governments. The projects may be associated with: (1) various environmental requirements (e.g. wastewater treatment, drinking water treatment); (2) identifying, developing, and/or demonstrating necessary pollution control technologies and techniques to prevent, reduce, and eliminate pollution; or (3) evaluating the economic and social consequences of alternative environmental pollution strategies, technologies, or mechanisms for use by those in economic, social, governmental, and environmental management positions. Funding priorities are to award these assistance agreements to the designated organizations, local governments, or state governments as quickly as possible within statutory and regulatory requirements. Funding Priority - Fiscal Year 2009: All assistance agreements must address the following priorities: (1) addresses directly the specific purpose for the program or project as designated by Congress in EPA's annual Appropriations Act or annual Appropriation Committee Report; (2) is consistent with EPA's existing authorities and the strategic priorities and environmental goals of the Agency; (3) is consistent with long term Agency program plans, and (4) can be awarded before the appropriated funds expire.

Types of Assistance

Cooperative Agreements

Uses and Use Restrictions

Grants and cooperative agreements are available to support specific projects or programs specificed by Congress for designated recipients. Allowable direct and indirect costs are included, in accordance with established EPA policies and requirements for assistance agreements. Assistance agreement awards under this program may involve or relate to geospatial information. Further information regarding geospatial information may be obtained by viewing the following website: http://geodata.epa.gov.

Eligibility Requirements

Applicant Eligibility

Examples of recipients that may receive assistance under this program include local, state, intrastate, interstate, U.S. territories or possessions, public or nonprofit institutions/organizations, public/private private nonprofit institutions/organizations, quasi-public nonprofit institutions/organizations, institutions of higher education, Federally Recognized Indian Tribal Governments, Native American Organizations, and international organizations. For certain competitive funding opportunities under this CFDA description, the Agency may limit eligibility to compete to a number or subset of eligible applicants consistent with the Agency's Assistance Agreement Competition Policy.

Beneficiary Eligibility

Local, state, intrastate, interstate, U.S. territories or possessions, public or nonprofit institutions/organizations, public/private private nonprofit institutions/organizations, quasi-public nonprofit institutions/organizations, institutions of higher education, Federally Recognized Indian Tribal Governments, Native American Organizations, and international organizations.

Credentials/Documentation

Costs will be determined in accordance with OMB Circular No. A-87 for state and local governments and Indian Tribes, OMB Circular No. A-21 for educational institutions, and OMB Circular No. A-122 for nonprofit institutions. Applicants may be requested to demonstrate they have appropriate background, academic training, experience in the field, and necessary equipment to carry out specific Congressionally designated projects. EPA may ask applicants or principle investigators to provide curriculum vitae and relevant publications. OMB Circular No. A-87 applies to this program.

Application and Award Process

Preapplication Coordination

Regarding pre-application/pre-proposal assistance with respect to competitive funding opportunities under this program description, EPA will generally specify the nature of the pre-application/pre-proposal assistance, if any, that will be available to applicants in the competitive announcement. For additional information, contact the individual(s) listed as "Information Contacts" or see Appendix IV of the Catalog. 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 the state requires to be followed in applying for assistance, if the state has selected the program for review. Environmental impact information is not required for this program. 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 the State requires to be followed in applying for assistance, if the State has selected the program for review.

Application Procedure

This program is excluded from coverage under OMB Circular No. A-102. This program is excluded from coverage under OMB Circular No. A-110. Applicants may be able to use http://www.grants.gov to electronically apply for certain grant opportunities under this CFDA.

Award Procedure

Although this program is generally not subject to EPA's Policy on Competition for Assistance Agreements, EPA will administratively evaluate each application to determine (a) the adequacy of the proposed project to meet the specified purpose of the Congressionally mandated project and (b) if EPA has existing authority to expend appropriated funds for the mandated project. EPA's program offices will evaluate applications and applicants to determine the merit and relevance of proposed projects. EPA's R&D Office conducts a peer review of all applications by outside experts. EPA will also review the application in relation to EPA's general grant regulations. Any competed projects are subject to EPA's policy on Competition for Assistance Agreements. For competitive awards, EPA will review and evaluate applications, proposals, and/or submissions in accordance with the terms, conditions, and criteria stated in the competitive announcement. Competitions will be conducted in accordance with EPA policies/regulations for competing assistance agreements.

Deadlines

Contact the headquarters or regional office, as appropriate, for application deadlines.

Range of Approval/Disapproval Time

Approximately 180 days.

Appeals

Assistance agreement competition-related disputes will be resolved in accordance with the dispute resolution procedures published in 70 FR (Federal Register) 3629, 3630 (January 26, 2005). Copies of these procedures may also be requested by contacting the individual(s) listed as "Information Contacts." Disputes relating to matters other than the competitive selection of recipients will be resolved under 40 CFR 30.63 or 40 CFR 31.70, as applicable.

Renewals

Not Applicable.

Assistance Considerations

Formula and Matching Requirements

Statutory formulas are not applicable to this program.

Matching Requirements: Recipients must match Federal funds as required by EPA's appropriation acts, authorizing statutes, regulations, program guidance, or as negotiated and agreed to between the applicant and the program office. This program has no statutory formula for distribution of Federal funds, therefore, matching requirements are defined in each Appropriations Act.

This program does not have MOE requirements.

Length and Time Phasing of Assistance

The terms of the assistance agreement shall be determined at time of award. The length and time phasing of the assistance agreement will be determined by the duration of the availability of appropriated funds. See the following for information on how assistance is awarded/released: Assistance awards are released by letter of credit and other financial authorizations.

Post Assistance Requirements

Reports

EPA assistance agreements may, in the terms and conditions, require annual, quarterly, interim, and/or final program reports. No cash reports are required. EPA assistance agreements may, in the terms and conditions, require annual, quarterly, interim, and/or final progress reports. EPA assistance agreements may, in the terms and conditions, require annual, quarterly, interim, and/or final expenditure/financial reports. Performance monitoring of Congressionally mandated special project or program assistance agreements are required per EPA administrative grant orders.

Audits

In accordance with the provisions of OMB Circular No. A-133 (Revised, June 27, 2003), "Audits of States, Local Governments, and Non-Profit Organizations," nonfederal entities that expend financial assistance of $500,000 or more in Federal awards will have a single or a program-specific audit conducted for that year. Nonfederal entities that expend less than $500,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in Circular No. A-133. Grants and cooperative agreements are subject to inspections and audits by the Comptroller General of the United States, the EPA Office of Inspector General, other EPA staff, or any authorized representative of the Federal government. Reviews by the EPA Project Officer and the Grants Specialist may occur each year. In accordance with the provisions of OMB Circular No. A-133 (Revised, June 27, 2003), "Audits of States, Local Governments, and Non-Profit Organizations," non-federal entities that expend $500,000 or more in a year in Federal awards shall have a single or a program-specific audit conducted for that year. Non-federal entities that expend less than $500,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in OMB Circular No. A-133.

Records

Recipients must keep financial records, including all documents supporting entries on accounting records and to substantiate changes in grants available to personnel authorized to examine EPA recipients grants and cooperative agreements records. Recipients must maintain all records until 3 years from the date of submission of final expenditure reports. If questions, such as those raised as a result of audits, remain following the 3-year period, recipients must retain records until the matter is completely resolved.

Program Accomplishments

Fiscal Year 2008: EPA has many Congressionally designated special projects and programs appropriated each year. To award assistance agreements for these specially Congressionally designated projects and programs, EPA works with the designated organizations, local governments, or state governments to help them develop and submit grant applications to EPA. EPA then reviews each grant application to ensure the work proposed is an authorized activity for EPA and is consistent with the guidance provided by Congress. Then EPA assures that the organization, local government, or state government meets EPA's grant and financial management requirements to administer the grant. Fiscal Year 2009: Examples of the 323 designated Congressional special projects and programs in FY 2009 include funding to the Consortium for Plant Biotechnology Research for research support; funding to the City of San Francisco for restoration of bay watersheds, and funding to the County of Peoria, IL to implement their Regional Storm Water Plan. Fiscal Year 2010: No Current Data Available

Financial Information

Account Identification

68-0107-0-1-304; 68-0103-0-1-304; 68-0108-0-1-304.

Obligations

(Cooperative Agreements) FY 08 $205,450,000; FY 09 est $198,400,000; FY 10 est $0 - FY 2008: $205,450,000; FY 2009: $198,400,000; FY 2010: To be determined.

Range and Average of Financial Assistance

Range: $150,000 to $15,000,000 for the Congressionally directed programs or projects; Average: $614,000.

Regulations, Guidelines and Literature

Congressional mandated earmarks are subject to EPA's General Grant Regulations -40 CFR Part 30 and 40 CFR Part 31.

Related Programs

Not Applicable.

Information Contacts

Regional or Local Office

See Regional Agency Offices. EPA encourages potential applicants to communicate with the appropriate Headquarters program contact listed below.

Headquarters Office

Terry Grindstaff USEPA Headquarters
Ariel Rios Building
1200 Pennsylvania Avenue, N. W.
Mail Code: 2732A
, Washington, District of Columbia 20460 Email: grindstaff.terry@epa.gov Phone: 202-564-8904

Web Site Address

http://www.epa.gov/ocfo/budget/index.htm

Examples of Funded Projects

Fiscal Year 2008: Congressionally mandated special projects or programs vary. For example, below are listed a small sample of such projects or programs funded in FY 2008: research at Montana State University on technologies for small public water systems, support for development of wastewater treatment systems in Brownsville and El Paso, Texas, and support for improved drinking water systems to filter out arsenic in Bernalillo County, New Mexico. Fiscal Year 2009: No Current Data Available Fiscal Year 2010: No Current Data Available

Criteria for Selecting Proposals

Addresses the specific purpose designated by the Congressional earmark in EPA's annual Appropriations Act or annual Appropriation Committee Report and other relevant legislative history and is consistent with EPA's authorities to support or conduct the Congressionally specified action. The evaluation and selection criteria for competitive awards under this CFDA description will be described in the competitive announcement. All Congressionally mandated earmarks must meet the following criteria: (a) address the specified Congressionally directed support or action described in the annual Appropriations Act or Appropriations Conference Report; (b) have the work statement for the proposed assistance agreement clearly relate to current statutory authorities and the strategic priorities for the Agency; and (c) have an approved workplan and processed assistance agreement before the appropriated funds expire.