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Congressionally Mandated Projects

CONGRESSIONAL EARMARKS
Number: 66.202
Agency: Environmental Protection Agency
Office: Office of the Chief Financial Officer

Program Information 

Program Number/Title (010):
66.202 Congressionally Mandated Projects
Federal Agency (030):
Office of the Chief Financial Officer, Environmental Protection Agency
Authorization (040):
Executive Order Executive Order 13457 "Protecting American Taxpayers from Government Spending of Wasteful Earmarks".
Objectives (050):
To implement special Congressionally directed projects or programs identified in EPA's annual appropriations act, committee reports incorporated by reference into the annual appropriation act, and other statutes mandating that EPA provide financial assistance agreements to designated recipients for projects or programs. These assistance agreements support special projects earmarked by Congress for specific recipients which are not requested by EPA in its annual budget request to Congress. 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 recipients as quickly as possible within statutory and regulatory requirements.

Funding Priority 2016-Targeted Airshed

"To make the funds available for competitive grants reduce air pollution in nonattainment areas that the Agency determines are ranked as the top five most polluted areas relative to ozone, annual PM2.5, or 24-hour PM2.5 standards.".
Types of Assistance (060):
Cooperative Agreements; Project Grants
Uses and Use Restrictions (070):
Grants and cooperative agreements are available to support specific projects or programs specified 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: https://www.epa.gov/geospatial.


Grant recipients and sub-recipients are encouraged to adopt and enforce policies that ban text messaging while driving company-owned or -rented vehicles or government-owned vehicles, or while driving privately-owned vehicles when on official government business or when performing any work for or on behalf of the government. Grant recipients and sub-recipients are encouraged to conduct initiatives of the type described in section 3(a) of the Federal Leadership on Reducing Text Messaging While Driving Executive Order that was signed on October 1, 2009. Generally this program makes Federal awards on a discretionary basis. For further information, please contact the Headquarters or regional office.
Eligibility Requirements (080)
Applicant Eligibility (081):
Eligible applicants are specified in the statute authorizing the earmark. 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 nonprofit institutions/organizations, quasi-public nonprofit institutions/organizations, institutions of higher education, Federally Recognized Indian Tribal Governments, Native American Organizations, and international organizations.
Beneficiary Eligibility (082):
Beneficiaries vary with the project Congress has directed EPA to fund. For example, an earmark for a wastewater treatment plant or sewer system would benefit the community in which the project is constructed. An earmark for a training project would benefit the individuals receiving the training under the assistance agreement.
Credentials/Documentation (083):
EPA may ask principle investigators for earmarked research projects to provide curriculum vitae and relevant publications. 2 CFR 200, Subpart E - Cost Principles applies to this program.
Application and Award Process (090)
Preapplication Coordination (091):
- Regarding pre-application/pre-proposal assistance with respect to awards under this program description, EPA will generally specify the nature of any pre-application/pre-proposal assistance. 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 Procedures (092):
2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards applies to this program. Principles for determining allowable costs are set forth in applicable Federal management circulars described in the Uniform Grants Guidance regulations and procedures 2 CFR 200.

Applicants, except in limited circumstances approved by the Agency, must submit all initial applications for funding through http://www.grants.gov.




Applicants may be able to use http://www.grants.gov to electronically apply for certain grant opportunities under this CFDA.
Award Procedure (093):
EPA will evaluate each application to determine (a) the adequacy of the proposed project to meet the specified purpose of the Congressionally mandated project and compliance with other applicable laws. 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 and OMB guidance.
Deadlines (094):
Contact the headquarters or regional office, as appropriate, for application deadlines.
Range of Approval/Disapproval Time (095):
Approximately 180 days.
Appeals (096):
Disputes will be resolved under 2 CFR 1500 Subpart E, as applicable.
Renewals (097):
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 depending on the nature of the project and the terms of the earmark.
Assistance Consideration (100)
Formula and Matching Requirements (101):
This program has no statutory formula.
Matching Requirements: This program has no statutory formula for distribution of Federal funds, therefore, matching requirements are defined in each Appropriations Act or other statute authorizing the earmark.
This program does not have MOE requirements.
Length and Time Phasing of Assistance (102):
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 (110)
Reports (111):
EPA includes reporting requirements for grants and cooperative agreements in the terms and conditions of the agreements. Agreements may require quarterly, interim, and final progress reports, and expenditure/financial, equipment, and invention reports. Specific reporting requirements are also identified in the grant regulations at 2 CFR 200 and 1500, as applicable. Program reports are required under this program. 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 (112):
In accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements, non-Federal entities that expend financial assistance of $750,000 or more in Federal awards will have a single or a program-specific audit conducted for that year. Non-Federal entities that expend less than $750,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in 2 CFR 200.503. 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 2 CFR 200, Subpart F - Audit Requirements, non-federal entities that expend $750,000 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 $750,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in 2 CFR 200.503.
Records (113):
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.
Financial Information (120)
Obligations (122):
(Cooperative Agreements) FY 15 $10,000,000; FY 16 est $20,000,000; and FY 17 est $0 - Cooperative Agreements) FY 15 $10 million ; FY 16 $20 million; and FY 17 est $0 - Budget Authority:


FY 2015 $10 million (Targeted Air Shed Grant program)


FY 2016 $20 million (Targeted Air Shed Grant program)


FY 2017 est $0.
Range and Average of Financial Assistance (123):
FY 2015 – Targeted Air Shed Grant program: 4 assistance agreements, $2,480,000 per award.


FY 2016 - Targeted Air Shed Grant program: estimated 4-8 assistance agreements, estimated between $2.5 million to $5million per award.
Program Accomplishments (130):
Fiscal Year 2015: Fiscal Year 2015: Targeted Air Shed grants: woodstove replace approximately 210 woodstoves; a dry wood program to build approximately 100 woodsheds; an alternative solid fuels pilot project to supply 30 tons of fire logs as emergency fuel; a household weatherization program; old wood burning appliances replacement through a voucher program change out 75% of uncertified wood burning appliances in nonattainment area; replacement of up to 226 off-road diesel tractors. Fiscal Year 2016: No content available. Fiscal Year 2017: No content available.
Regulations, Guidelines, and Literature (140):
Congressional mandated earmarks are subject to EPA's General Grant Regulations, Environmental Protection Agency (2 CFR 200 and 1500 as applicable).
Information Contacts (150)
Regional or Local Office (151) :
See Regional Agency Offices. For program information, contact the following designated Program Office officials:

- Office of Air and Radiation - Courtney Hyde, 202-564-1227, Hyde.Courtney@epa.gov;


- Office of Water - Tim Fontaine, 202-564-0318, Fontaine.Tim@epa.gov;


- Office of Chemical Safety and Pollution Prevention - Eric Burman, 202-564-0267, Burman.Eric@epa.gov;


- Office of Solid Waste and Emergency Response - Jennifer Wilbur, 703-603-9146, Wilbur.Jennifer@epa.gov;


- Office of Enforcement and Compliance Assurance - John Warren, 202-564-2452, Warren.Johnm@epa.gov;


- Office of Research and Development - Dan Gonzalez, 202-564-2877, Gonzalez.Dan@epa.gov;


- Office of Environmental Information - Juanita Standifer, 202-564-2764, Standifer.Juanita@epa.gov;


- Office of International and Tribal Affairs - Mike Weckesser, 202-564-0324, Weckesser.Mike@epa.gov;


- Office of the Administrator - Glen Cuscino, 202-566-1906, Cuscino.Glen@epa.gov; and


- Office of the Inspector General - Crystal Barrett, 202-566-2060; Barrett.Crystal@epa.gov;




Addresses may be reached by mail at the following common address and fax number: USEPA Headquarters, 1200 Pennsylvania Avenue, N.W., Washington, DC, 20460, 202-564-1838 (fax).
Headquarters Office (152):
Jeff Swartz USEPA Headquarters, Ariel Rios Building, 1200 Pennsylvania Avenue, N. W. Mail Code: 2732A , Washington, District of Columbia 20460 Email: swartz.jeff@epa.gov Phone: (202) 564-1230
Website Address (153):
http://www.epa.gov/ocfo/budget/index.htm
Examples of Funded Projects (170):
Fiscal Year 2015: • Incentive funding to help farmers replace old, polluting agricultural tractors with new, cleaner-burning ones that operate within the San Joaquin Valley, California;

• Wood burning device replacement program in the San Joaquin Valley, California, a project which seeks to implement rebates to encourage residents within the nonattainment areas to switch to newer and cleaner-burning devices.

• Wood stove replacement program for residents in the Plumas County, California, a project seeks to implement a financial incentive program to encourage owners of older uncertified stoves within the nonattainment area to switch to newer cleaner-burning devices.

• Reduce pollution and protect air quality in northern Idaho's West Silver Valley. Planned activities include: wood stove change-outs; providing more efficient and cleaner-burning fire logs during colder weather; upgraded home weatherization; promoting residential yard waste and logging debris removal; and outreach and education. Fiscal Year 2016: No content available. Fiscal Year 2017: No content available.
Criteria for Selecting Proposals (180):
Addresses the specific purpose designated by the Congressional earmark in EPA's annual Appropriations Act or other statute. 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 committee report incorporated by reference into the appropriations act or other statutes mandating that EPA provide financial assistance agreements to designated recipients for projects or programs; and (b) have an approved workplan and processed assistance agreement before the appropriated funds expire.