Congressionally Mandated Projects

To implement Congressionally directed projects or programs for special purposes identified in EPA's annual 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 to Congress.

They are sometimes identified for specifically designated organizations.

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; and/or (3) evaluating the economic and social consequences of alternative 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 as quickly as possible within statutory and regulatory requirements.

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.

Agency - Environmental Protection Agency

The mission of the Environmental Protection Agency is to protect human health and the environment. Since 1970, EPA has been working for a cleaner, healthier environment for the American people.

Office - EPA encourages potential applicants to communicate with the appropriate Headquarters program contact listed below.

Program Accomplishments

EPA has many Congressionally designated mandated projects and programs appropriated each year. To award assistance agreements for these specially Congressionally designated projects and programs, EPA works with the designated organizations to help them develop and submit grant applications to EPA. EPA then reviews each grant application to ensure the work proposed is a authorized activity for EPA and comports with the guidance provided by Congress. Then EPA assures that the organization meets EPA's grant and financial management requirements to administer the grant. Examples of the 304 specially designated Congressional projects and programs in FY 2008 include funding to the San Joaquin CA Valley Air Pollution Control District to complete their Central California Ozone Study, funding to the Puget Sound 2020 Action Committee for development of their future environmental agenda; funding to Metro North Georgia Water Planning District for their drinking water and wastewater improvement project; funding to the City of Baltimore for improvements to their sanitary and combined sewer systems; and funding to Brockton, MA for improvements to their wastewater treatment system.

Uses and Use Restrictions

Grants and cooperative agreements are available to support specific purposes or perform specific actions by Congressionally designated recipients.

Allowable direct and indirect costs are included, in accordance with establishedAssistance agreement awards under this program may involve or relate to geospatial information.

"Geospatial Information" includes: Information that identifies the geographic location and characteristics of natural or constructed features or boundaries on the Earth, or applications, tools, and hardware associated with the generation, maintenance, or distribution of such information.

This information may be derived from, among other things, GPS, remote sensing, mapping, charting, and surveying technologies, or statistical data.

EPA policies and regulations.

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:

Eligibility Requirements

Applicant Eligibility

Examples of recipients that may receive assistance under this program include interstate, intrastate, state, local, public nonprofit institutions/organizations, other public institutions/organizations, international organizations, Federally Recognized Indian Tribal Governments, U.S.

territories or possessions, private nonprofit institutions/organizations, quasi-public nonprofit institutions/organizations, Native American Organizations, and public/private institutions of higher education.

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

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


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.

Aplication 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.

Application Procedures

Applicants may be able to use to electronically apply for certain grant opportunities under this CFDA.

Award Procedures

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.


Contact the headquarters (or regional office, as appropriate) for application deadlines. Application forms must be submitted according to dates established by the individual EPA Headquarters or Regional Office.


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. NEPA Section 102(2)(F) for all existing and new grants done internationally.

Range of Approval/Disapproval Time

Approximately 180 days.


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.


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.

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


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.


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.


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

Account Identification

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


FY 07 $0; FY 08 $202,246,000; and FY 09 est not available.

Range and Average of Financial Assistance

Range: $79,000 to $18,704,000 per project; Average: $665,283.

Regulations, Guidelines, and Literature

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

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; Office of Water - Kimberley Roy, (202) 564-4633; Kimberley; Office of Wastewater Management - Barry Benroth, (202) 564-0672; Barry; Office of Ground Water and Drinking Water - Deborah McCray, (202) 564-3843 ; Deborah; Office of Prevention, Pesticides and Toxic Substances - Elaine Lyon-Johnson,(202) 564-0547; Elaine; Office of Solid Waste and Emergency Response - Elisia Kanipe, (202) 566-1893; Elisia; Office of Enforcement and Compliance Assurance - Joseph Hall, (202) 564-2271; Joseph; Office of Research and Development - Mark Thomas, (202) 564-4763; Mark Thomas or Alice Sabatini, (202) 564-1023; Alice; Office of Environmental Information - Chad Littleton, (202) 564-6064; Chad; Office of International Affairs - Teresa Ruppe, (202) 564-6619; Teresa; Office of the Administrator - Frank Rusincovitch, (202) 564-0418; Frank and; Office of the Inspector General - Ed Maddox, (202) 564-2648; E-mail: Ed; may be reached by mail at the following common address and fax number: EPA Headquarters 1200 Pennsylvania Avenue, N.W., Washington, DC 20460, (202) 564-1838 (Fax)

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.

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