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97.021 HAZARDOUS MATERIALS ASSISTANCE PROGRAM

(CERCLA Implementation)

FEDERAL AGENCY
DEPARTMENT OF HOMELAND SECURITY

AUTHORIZATION
Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980, as amended; 42 U.S.C. 9601 et seq.; Superfund Amendments and Reauthorization Act of 1986; Executive Order 12148, Federal Emergency Management; Executive Order 12580, Superfund Implementation, 42 U.S.C. 9662 et seq.

OBJECTIVES
To support States, local and Indian tribal governments in oil and hazardous materials emergency planning and exercises and enhance their capabilities to interact with the National Response System (NRS); through the States, provide technical and financial assistance to support activities under the Comprehensive Hazardous Materials (Hazmat) Emergency Response - Capability Assessment Program (CHER-C).

TYPES OF ASSISTANCE
Project Grants (Cooperative Agreements).

USES AND USE RESTRICTIONS
Funding must be used for planning, exercising and educational projects that will serve to enhance emergency management capabilities for dealing with oil and hazardous materials releases. Certain equipment purchases are not authorized: such as automated data processing and facsimile machines and any other equipment acquired for the sole purpose of carrying out the day-to-day work activities. However, equipment purchased exclusively for the implementation of exercises and/or CHER-CAP activities (disposable personal protective equipment, simulated emergency response equipment used only for training) are authorized. Reimbursement of salaries and benefits is restricted, and funding for contractual support is permitted. Funding for training and educational programs are limited, and may not be used to supplement the nonfederal matching requirements associated with Hazardous Materials Transportation Act (HMTA), or SARA Title III funds, nor used to attend courses available under any other FEMA programs when separate funds are available for that training.

Applicant Eligibility
The funds are available to States, locals, tribes, U.S. territories, State Emergency Response Committees (SERCs), and Local Emergency Planning Commissions (LEPCs).

Beneficiary Eligibility
States, locals, tribes, U.S. territories, State Emergency Response Committees (SERCs), and Local Emergency Planning Commissions (LEPCs).

Credentials/Documentation
Applicant must submit to the FEMA Regional Office a work plan describing the proposal.

Preapplication Coordination
None. This program is excluded from coverage under E.O. 12372.

Application Procedure
Application deadline and other information are contained in the application/program guidance.

Award Procedure
Applications or plans are reviewed by DHS program and administrative staff. Any issues or concerns noted in the application will be negotiated with the successful applicant prior to the award being issued.

Deadlines
Refer to announcement or application guidance for further information.

Range of Approval/Disapproval Time
Refer to program guidance document.

Appeals
None.

Renewals
None.

Formula and Matching Requirements
The FEMA Regional PT Office determines the allocation for each applicant based on the proposal, the FEMA/EPA Interagency Agency Agreement and previous funding and accomplishments.

Length and Time Phasing of Assistance
Grants or cooperativeagreements are awarded for a period of one year. Exceptions may be granted at the discretion of the Region PT Division Director refer to the program guidance. Awards are subject to the Cash Management Improvement Act for payment and/or reimbursement of expenditures.

Reports
Grantees are required to submit quarterly financial and performance reports. Quarterly Progress Reports must include the progress of each sub-grant award. Reports are due 30 days after the end of each quarter: January 30, April 30, July 30, and October 30. Final financial and performance reports are due 90 days after the expiration or termination of grant award.

Audits
In accordance with the provisions of OMB Circular A-133 (Revised, June 27, 2003), "Audits of States, Local Governments, and Nonprofit Organizations," nonfederal entities that expend financial assistance of $500,000 or more in Federal awards (or receive property, or a combination of both, within the fiscal year) 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 A-133. These audits are due to the cognizant Federal agency, submitted through the Federal Audit Clearinghouse, not later than 9 months after the end of the grantees fiscal year.

Records
Grant records shall be retained for a period of 3 years from the day the recipient submits its final expenditure report. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration of the 3-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 3-year period, whichever is later. Grant records include financial and program/progress reports, support documents, statistical records, and other documents that support the activity and/or expenditure of the recipient or sub-recipient under the award.

Account Identification
70-0711-0-1-999.

Obligations
(Grants) FY 07 $ est. not available; FY 08 $ est. not available; and FY 09 $ est. not available.

Range and Average of Financial Assistance
Refer to program guidance.

PROGRAM ACCOMPLISHMENTS
Not available.

REGULATIONS, GUIDELINES, AND LITERATURE
None.

Regional or Local Office
Contact the appropriate FEMA regional office responsible for coordinating program activities.

Headquarters Office
Department of Homeland Security, 245 Murray Lane - Bldg. #410, Washington, DC 20528.

Web Site Address
http://www.dhs.gov

RELATED PROGRAMS
97.020, Hazardous Materials Training Program.

EXAMPLES OF FUNDED PROJECTS
Planning and/or exercise projects.

CRITERIA FOR SELECTING PROPOSALS
Refer to the program guidance for information on criteria for selecting proposals.


General Services Administration
Office of Chief Acquisition Officer
Regulatory and Federal Assistance Division (VIR)