Superfund State and Indian Tribe Core Program Cooperative Agreements (66.809)

Program

66.809 Superfund State and Indian Tribe Core Program Cooperative Agreements

Federal Agency

Agency: Environmental Protection Agency
Office: Office of Solid Waste and Emergency Response

Authorization

Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), Section 104(d), 42 U.S.C 9604(d).

Program Number

66.809

Last Known Status

Active

Objectives

To effectively implement the statutory requirements of CERCLA Section 121(f) for State involvement. To provide funds to conduct CERCLA activities which are not assignable to specific sites, but support a recipient's site-specific response program. Funding Priority - Fiscal Year 2009: Funding may be used for a variety of activities that include: (1) procedures for emergency response actions and remediation of environmental and health risks; (2) provisions for satisfying all requirements and assurances; (3) development of legal authorities and enforcement support; (4) hiring and training staff; and, (5) activities that support EPA/recipient interaction. Funding Priority - Fiscal Year 2010: Funding may be used for a variety of activities that include: (1) procedures for emergency response actions and remediation of environmental and health risks; (2) provisions for satisfying all requirements and assurances; (3) development of legal authorities and enforcement support; (4) hiring and training staff; and, (5) activities that support EPA/recipient interaction.

Types of Assistance

Cooperative Agreements

Uses and Use Restrictions

Core Program Cooperative Agreements are offered to ensure that each State, or Federally Recognized Indian Tribe or intertribal consortia can substantially participate in CERCLA response actions. Recipients negotiate with EPA Regions to receive funding for a variety of activities that include: (1) Procedures for emergency response actions and remediation of environmental and health risks; (2) provisions for satisfying all requirements and assurances; (3) development of legal authorities and enforcement support; (4) hiring and training staff; and (5) activities that support EPA/Recipient interaction. Recipients with Regional approval may receive awards for multi year budget and project periods at the Region's discretion. Funding for the entire project may be made as a lump sum or incrementally over time. Recipients must demonstrate progress towards the goals stated in the Core Program Cooperative Agreement in order to be eligible for continued funding. Only one Core Program Cooperative Agreement will be awarded to each eligible State or Tribe or intertribal consortia through the Single Point of Contact. Funds must be used for non-site-specific activities as described above.

Eligibility Requirements

Applicant Eligibility

States (and political subdivisions thereof), Commonwealths, U.S. Territories and Possessions, and Federally Recognized Indian Tribal Governments, including intertribal consortia.

Beneficiary Eligibility

States (and political subdivisions thereof), Commonwealths, U.S. Territories and Possessions, and Federally Recognized Indian Tribal Governments, including intertribal consortia.

Credentials/Documentation

Costs will be determined in accordance with 40 CFR Part 35 Subpart O and OMB Circular No. A 87, "Cost Principles for State, Local, and Indian Tribal Governments," and other supporting documentation required by the Agency. OMB Circular No. A-87 applies to this program.

Application and Award Process

Preapplication Coordination

The standard application forms as furnished by the Federal agency and required by OMB Circular No. A 102 must be used for this program. Consultation and pre-application conference are recommended. 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

OMB Circular No. A-102 applies to this program. 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

EPA regional Superfund program offices review the applications for cooperative agreements. Final approval of application and supporting documentation and offer of award is made by the EPA Regional Administrator unless re-delegated to the Regional Division Director.

Deadlines

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

Range of Approval/Disapproval Time

Approximately ninety (90)days.

Appeals

Disputes will be resolved under 40 CFR 30.63 or 40 CFR 31.70, as applicable.

Renewals

Applications for additional funding need to include only the revised pages from EPA Form 424.

Assistance Considerations

Formula and Matching Requirements

This program has no statutory formula.

Matching Requirements: Percent: 10.%. As required by 40 CFR Part 35 Subpart O, State recipients of Core Program Cooperative Agreements must provide a 10 percent cost share of the total project cost on all awards. This match may be made from either direct, non-federal funds, non reimbursed fund, or with in kind contributions. CERCLA credits earned at other Superfund sites cannot be used to meet the 10 percent match. This program has no statutory formula.

This program does not have MOE requirements.

Length and Time Phasing of Assistance

Assistance is awarded as a lump sum, or may be incrementally funded. Recipients with Regional approval may receive cooperative agreement awards for multi year budget and project periods at the Region's discretion. Continued funding of tasks in subsequent years is based on an evaluation of demonstrated progress towards the goals in the Core Program Cooperative Agreement Statement of Work. See the following for information on how assistance is awarded/released: In order to receive payment by the letter of credit method, the recipient must comply with the requirements regarding letter of credit described in 40 CFR 31.20 (b)(7) and 31.21(b). The recipient must identify and charge costs to specific sites, activities, and operable units, as applicable, for drawdown purposes as specified in the Cooperative Agreement. If the recipient is unable to meet letter of credit requirements, EPA will pay the recipient by reimbursement. The recipient must comply with the requirements regarding reimbursement described in 40 CFR 31.21(d).

Post Assistance Requirements

Reports

No program reports are required. No cash reports are required. The recipients must submit progress reports no more frequently than quarterly, but at a minimum annually. The recipients must submit financial status reports annually, and a final report. Financial status reports are required. Performance monitoring is required.

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

The record retention requirements of 40 CFR Part 31 and Part 35, Subpart O are applicable. 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. The recipient must maintain all records for 10 years following submission of the final Financial Status Report unless otherwise directed by the EPA award official, and must obtain written approval from the EPA award official before destroying any records. If any litigation, claim, negotiation, audit, cost recovery, or other action involving the records has been started before the expiration of the ten year period, the records must be retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular ten-year period, whichever is later.

Program Accomplishments

Fiscal Year 2008: In Fiscal Years 2008 and 2009, the types of activities that are permitted to be funded include: hiring staff, administrative salaries, clerical help, financial accounting, data management, program management, medical monitoring, health and safety training for field employees, computer systems purchases, training, legal assistance and legislative development. Outputs include reports, accounting and tracking systems, hired and trained staff, cost recovery procedures and techniques, laws and regulations for hazardous waste control. In Fiscal Year 2008, the types of activities that are permitted to be funded include: hiring staff, administrative salaries, clerical help, financial accounting, data management, program management, medical monitoring, health and safety training for field employees, computer systems purchases, training, legal assistance and legislative development. Outputs include reports, accounting and tracking systems, hired and trained staff, cost recovery procedures and techniques, laws and regulations for hazardous waste control. Fiscal Year 2009: No Current Data Available Fiscal Year 2010: No Current Data Available

Financial Information

Account Identification

68-8145-0-1-304.

Obligations

(Cooperative Agreements) FY 08 $8,700,000; FY 09 est $8,000,000; FY 10 est $8,000,000

Range and Average of Financial Assistance

$25,000 to $600,000; average award amount: $228,000.

Regulations, Guidelines and Literature

40 CFR 31, 40 CFR Part 35, Subpart O, Program Guidance Documents.

Related Programs

66.802 Superfund State, Political Subdivision, and Indian Tribe Site_Specific Cooperative Agreements

Information Contacts

Regional or Local Office

See Regional Agency Offices. See Appendix IV of the Catalog.

Headquarters Office

Angelo Carasea Site Assessment and Remedy Decisions Branch
Assessment and Remediation Division
Office of Superfund Remediation and Technology Innovation
Mail Code 5204P, EPA, Washington, District of Columbia 20460 Email: carasea.angelo@epa.gov Phone: (703) 603-8828

Web Site Address

http://www.epa.gov/superfund

Examples of Funded Projects

Fiscal Year 2008: Administrative and program development, accounting systems development, legal authorities and enforcement support, hiring and training of State response staff, procedures for emergency response actions. Fiscal Year 2009: No Current Data Available Fiscal Year 2010: No Current Data Available

Criteria for Selecting Proposals

For Core Program Cooperative Agreements, recipients must demonstrate a need for non-site specific funds to support activities not covered by other site-specific awards. Each project is examined and selected on a case-by-case basis based upon availability of funds, receipt of application, and other criteria as determined by EPA.