Congressionally Mandated Projects (66.202)
Program
66.202 Congressionally Mandated Projects
Federal Agency
ENVIRONMENTAL PROTECTION AGENCY
Authorization
Annual Department of the Interior, Environment, and related Agencies Appropriations Act; Clean Air Act; Clean Water Act; Safe Drinking Water Act; Marine Protection, Research, and Sanctuaries Act; Toxic Substances Control Act; Federal Insecticide, Fungicide, and Rodenticide Act; Pollution Prevention Act of 1990; Solid Waste Disposal Act - Resource Conservation and Recovery Act; Comprehensive Environmental Response, Compensation and Liability Act; Superfund Amendments and Reauthorization Act; Emergency Planning and Right to Know Act; Oil Pollution Act; National Environmental Policy Act; Indian Environmental General Assistance Program Act; and National Environmental Education Act.
Program Number
66.202
Last Known Status
Active
Objectives
These assistance agreements involve Congressionally directed projects/programs for specific purposes in EPA's annual Appropriations Act or annual Appropriations Conference Report. These assistance agreements support surveys, studies and investigations, research and demonstrations, and special purpose assistance for specific purposes and/or designated organizations. The projects are assistance agreements which are associated with: (1) various environmental requirements (e.g. wastewater treatment); (2) identifying, developing, and/or demonstrating necessary pollution control techniques to prevent, reduce, and eliminate pollution; and/or (3) evaluating the economic and social consequences of alternative strategies and mechanisms for use by those in economic, social, governmental, and environmental management positions.
Types of Assistance
Project Grants (Cooperative Agreements).
Uses and Use Restrictions
None. A standard grant application should be prepared and submitted as a new application which will be reviewed in the same manner as the original application. EPA may incrementally fund grants and cooperative agreements. Approval of subsequent funding increments is dependent on satisfactory project progress and availability of funds.
Eligibility Requirements
Applicant Eligibility
Beneficiary Eligibility
Credentials/Documentation
Application and Award Process
Preapplication Coordination
Application Procedure
Award Procedure
Deadlines
Range of Approval/Disapproval Time
Appeals
Renewals
Assistance Considerations
Formula and 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, however, matching requirements are defined in each appropriations act.
Length and Time Phasing of Assistance
The terms of the assistance shall be determined at time of award. The length and time phasing of the assistance will be determined by the duration of the availability of appropriated funds.
Post Assistance Requirements
Reports
EPA includes reporting requirements for grants and cooperative agreements in the terms and conditions of the agreements. Agreements may require annual, quarterly, and/or interim and final progress reports, final results, expenditure/financial, equipment, and invention reports. Reporting requirements are also identified in the Grant Regulations - 40 CFR Part 30 and 40 CFR Part 31.
Audits
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
EPA has many Congressionally mandated projects each year (870 in FY 2005 and 366 in FY 2006). To accomplish these numerous projects, EPA has worked with the identified recipient organizations to help them develop and submit grant applications to EPA. EPA then has reviewed each grant application to ensure the work is a statutorily authorized activity for EPA and that the organization meets EPA's financial management requirements to administer the grant. Of the total funding provided for Congressionally mandated projects, EPA has obligated 44% in FY 2005 and 36% in FY 2006. Examples of such mandated projects are for water and wastewater improvements in Jackson County, Alabama and funding for the America's Clean Water Foundation to help implement on-farm environmental assessments of livestock operations.
Financial Information
Account Identification
68-0103-0-1-304; 68-0107-0-1-304; 68-0108-0-1-304.
Obligations
FY 2005: $537,079,700; FY 2006: $382,464,310; and FY 2007 est: To be determined.
Range and Average of Financial Assistance
Range: $100,000 to $5,000,000 per project; Average Data Not Available.
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
None.
Information Contacts
Regional or Local Office
EPA encourages potential applicants to communicate with the appropriate Headquarters program contact listed below.
Headquarters Office
For program information, contact the following designated Program Office offical: Office of Air and Radiation - Katherine Moore, (202) 564-1514, Katherine Moore@epa.gov; Office of Water - Kimberley Roy, (202) 564-4633; Kimberley Roy-Davis@epa.gov Office of Wastewater Management - Barry Benroth, (202) 564-0672; Barry Benroth@epa.gov Office of Ground Water and Drinking Water - Deborah McCray, (202) 564-3843 ; Deborah Mccray@epa.gov Office of Prevention, Pesticides and Toxic Substances - Elaine Lyon-Johnson,(202) 564-0547; Elaine Lyon-Johnson@epa.gov Office of Solid Waste and Emergency Response - Elisia Kanipe, (202) 566-1893; Elisia Kanipe@epa.gov Office of Enforcement and Compliance Assurance - Joseph Hall, (202) 564-2271; Joseph Hall@epa.gov Office of Research and Development - Mark Thomas, (202) 564-4763; Mark Thomas or Alice Sabatini, (202) 564-1023; Alice Sabatini@epa.gov Office of Environmental Information - Chad Littleton, (202) 564-6064; Chad Littleton@epa.gov Office of International Affairs - Teresa Ruppe, (202) 564-6619; Teresa Ruppe@epa.gov Office of the Administrator - Frank Rusincovitch, (202) 564-0418; Frank Rusincovitch@epa.gov and Office of the Inspector General - Ed Maddox, (202)-564-2648; Ed Maddox@epa.gov Addresses may be reached by mail at the following common address and fax number: USEPA Headquarters 1200 Pennsylvania Avenue, N.W. Washington, D.C. 20460 202-564-1838 (fax)
Web Site Address
http://www.epa.gov/ocfo/budget/index.htm
Examples of Funded Projects
Congressionally mandated projects/programs vary, for example below are listed a small sample of such projects/programs. Waste to Energy project in Stamford, Connecticut; Bacteria detection program in Mohawk Valley, New York Water Authority; Restoration of Lake Pontchartrain Basin by the Lake Pontchartrain Foundation; Poultry science project at Stephen F. Austin State University; Water treatment facility in the City of Alamosa, Colorado; Perchlorate treatment program in the City of Pasadena, California; Drinking water and wastewater facilities planning and construction projects, U.S. - Mexico Border Program; Alaska Rural and Native Villages drinking water and waste infrastructure projects.
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 announcement of the competitive funding opportunity. 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.
