24-01.pdf

OVERVIEW

AGENCY: ENVIRONMENTAL PROTECTION AGENCY (EPA)

TITLE: FY24 GUIDELINES FOR TECHNICAL ASSISTANCE TO EXISTING AND

POTENTIAL BROWNFIELDS REVOLVING LOAN FUND GRANT

RECIPIENTS

ACTION: Request for Applications (RFA)

RFA NO.: EPA-I-OLEM-OBLR-24-01

ASSISTANCE LISTING NO.: 66.814

DATE: The closing date and time for receipt of applications is March 1, 2024, at 11:59 p.m.

Eastern Time (ET). Applications must be submitted through www.grants.gov. Applications received after 11:59 p.m. ET on March 1, 2024, will not be considered. Please refer to the Due Date and Submission Instructions in Section IV.B. and Appendix 1 for further instructions.

FUNDING/AWARDS: EPA anticipates awarding one cooperative agreement for $3 million, subject to the quality of applications received, availability of funds, and other applicable considerations.

Prior to naming a contractor (including a consultant) or subrecipient in your application, please carefully review Section III.C.3. of these guidelines, Section IV of EPA’s Solicitation Clauses, and Section D. in the FY24 Brownfields Frequently Asked Questions (FAQs).

https://www.grants.gov/ https://www.epa.gov/system/files/documents/2023-09/FY24%20FAQs_9-21-23.pdf

CONTENTS BY SECTION

SECTION I. – FUNDING OPPORTUNITY DESCRIPTION

I.A. Description of Subject Areas for Technical Assistance I.B. Uses of Grant Funds I.C. EPA Strategic Plan Linkage I.D. Measuring Environmental Results: Anticipated Outputs/Outcomes I.E. Additional Provisions for Applicants Incorporated into the Solicitation

SECTION II. – AWARD INFORMATION

II.A. What is the Amount of Available Funding?

II.B. How Many Agreements Will EPA Award in this Competition?

II.C. Will Applications be Partially Funded?

II.D. What is the Project Period for Award Resulting from this Solicitation?

II.E. Substantial Involvement

SECTION III. – APPLICANT ELIGIBILITY AND THRESHOLD CRITERIA

III.A. Who Can Apply?

III.B. Voluntary Cost Share/Leveraging III.C. Threshold Eligibility Criteria

SECTION IV. – APPLICATION SUBMISSION INFORMATION

IV.A. How to Obtain an Application Package IV.B. Due Date and Submission Instructions IV.C. Content and Form of Application Submission IV.D. Narrative Information Sheet IV.E. Narrative/Ranking Criteria IV.F. Confidential Business Information

SECTION V. – NARRATIVE REVIEW INFORMATION

V.A. Evaluation Criteria V.B. Review and Selection Process

SECTION VI. – AWARD ADMINISTRATION INFORMATION

VI.A. Award Notices VI.B. Administrative and National Policy Requirements VI.C. Reporting Requirements VI.D. Disputes

SECTION VII. - AGENCY CONTACT

A. Requirements to Submit Through Grants.gov and Limited Exception Procedures B. Submission Instructions C. Technical Issues with Submission D. Application Materials

SECTION I. – FUNDING OPPORTUNITY DESCRIPTION

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) was amended by the Small Business Liability Relief and Brownfields Revitalization Act in 2002 to include Section 104(k)(7), which provides federal financial assistance authorities for brownfields revitalization, including grants for training, research, and technical assistance to individuals and organizations, as appropriate, to facilitate the inventory of brownfield sites, site assessments, remediation of brownfield sites, community involvement, or site preparation. The Brownfields Utilization, Investment, and Local Development (BUILD) Act enacted in 2018 reauthorized EPA’s Brownfields Program and made additional amendments to CERCLA that affect EPA’s brownfield grant authorities, and ownership and liability provisions. (Note: References to CERCLA in this solicitation refer to CERCLA as amended by the 2002 Small Business Liability Relief and Brownfields Revitalization Act and the 2018 BUILD Act.)

A brownfield site is defined in CERCLA § 101(39) as real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of hazardous substances, pollutants, contaminants, controlled substances, petroleum or petroleum products, or is mine-scarred land.

A critical part of EPA’s Brownfields and Land Revitalization Program is to ensure that residents living in communities historically affected by economic disinvestment, health disparities, and environmental contamination have an opportunity to benefit from brownfields redevelopment.

EPA’s Brownfields Program has a rich history rooted in environmental justice and is committed to helping communities revitalize brownfield properties, mitigate potential health risks, and restore economic vitality.

EPA expects that funding awarded will advance the Biden Administration’s Justice40 Initiative, which establishes the goal to deliver 40 percent of the overall benefits from key federal investments to disadvantaged communities.1

The EPA’s Brownfields Program is built upon four basic goals and principles – protecting the environment, partnering for success, stimulating the marketplace, and promoting sustainable reuse. EPA is committed to supporting research and technical assistance that will further the goals of the program and provide enhanced knowledge, tools, and processes to a broad range of communities nationwide.

This technical assistance is intended to benefit communities nationwide that have either:

- Already received an EPA Brownfield Revolving Loan Fund (RLF) Grant [hereafter referred to as existing RLF Cooperative Agreement Recipients (CARs)], or

- Are interested in applying for an EPA Brownfield RLF Grant (hereafter referred to as potential RLF CARs).

1 To identify geographically defined disadvantaged communities by census tract, applicants would encourage existing and potential RLF CARs to use the Climate and Economic Justice Screening Tool, created by the White House Council on Environmental Quality. See https://screeningtool.geoplatform.gov. In addition, disadvantaged communities include all Federally Recognized Tribes, whether or not they have land. See www.whitehouse.gov/wp-content/uploads/2023/01/M-23-09_Signed_CEQ_CPO.pdf.

https://www.epa.gov/brownfields https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/27/executive-order-on-tackling-the-climate-crisis-at-home-and-abroad/

The purpose of this grant is to provide RLF-specific technical assistance (hereafter referred to as RLF TA) that focuses on the unique complexities of EPA Brownfield RLF Grants with the goal of increasing the capacity of EPA-funded Brownfield RLF Programs2 nationwide. This grant is intended to 1) help communities that have not previously engaged in brownfields projects to gain an understanding of requirements for managing a successful RLF Program, and 2) build capacity for existing RLF CARs, so that they can better manage their RLF Programs when the grant is open (i.e., operating under a cooperative agreement) and in post-closeout status [i.e., operating under a closeout agreement (COA)]3.

For the purposes of these guidelines, the term “grant” refers to the cooperative agreement that EPA will award to a successful applicant. Please refer to Section II.E. for a description of EPA’s anticipated substantial involvement in the grant awarded under these guidelines.

The EPA urges applicants to review the Frequently Asked Questions (FAQs) which can be found at FY 2024 Frequently Asked Questions about Technical Assistance to Existing and Potential Brownfields Revolving Loan Fund Grant Recipients.4

I.A. Description of Subject Areas for Technical Assistance

The EPA’s Office of Brownfields and Land Revitalization (OBLR) is soliciting applications from eligible entities (see Section III.A. Who Can Apply? below) to provide RLF TA that directly benefits entities nationwide that are eligible for EPA Brownfield RLF Grants to build sustainable RLF Programs. EPA anticipates that the RLF TA provider will assist potential and existing RLF CARs in enhancing their RLF Programs and building capacity within the following:

• Build partnerships to support the development of RLF Programs that will succeed over the long-term (e.g., decades);

• Cultivate expertise among potential and existing RLF CARs through outreach, training, and coaching;

• Connect existing RLF CARs with other RLF CARs who established successful, long-term RLF Programs and have experience in brownfields assessment, cleanup, and reuse;

• Facilitate/host meetings between potential and existing RLF CARs, developers, lenders, and others involved in RLFs (including representatives of environmental justice organizations) and/or the cleanup and reuse of brownfield properties who can increase capacity and understanding of how to build a successful RLF Program; and

2 For existing RLF CARs, an RLF Program consists of all awarded Brownfield RLF Grants the CAR has received, whether they be in open, post-closeout, and/or closed status. For potential RLF CARs, the term refers to preparing entities to apply for a Brownfield RLF Grant so that they can establish a successful RLF Program.

3 Currently, approximately 230 CARs have an RLF Grant that is in open and/or post-closeout status. This number changes regularly as new RLF Grants are awarded and existing RLF Grants go from open to post-closeout to closed status. See the RLF Program FAQs (as of May 18, 2023) for detailed RLF Grant status definitions.

4 These Frequently Asked Questions are available at https://www.epa.gov/brownfields/fy-2024-frequently-asked-questions-about-technical-assistance-existing-and-potential.

https://www.epa.gov/brownfields/fy-2024-frequently-asked-questions-about-technical-assistance-existing-and-potential https://www.epa.gov/brownfields/fy-2024-frequently-asked-questions-about-technical-assistance-existing-and-potential https://www.epa.gov/system/files/documents/2023-05/BF%20RLF%20Program%20FAQs_0.pdf https://www.epa.gov/brownfields/fy-2024-frequently-asked-questions-about-technical-assistance-existing-and-potential https://www.epa.gov/brownfields/fy-2024-frequently-asked-questions-about-technical-assistance-existing-and-potential

• Aid RLF efforts by supporting RLF CARs through the development of an easily accessible tool kit of templates (e.g., model loan and subgrant agreements), examples, and other outreach materials that will benefit both new and established RLF Programs.

Under CERCLA § 104(k)(7), the EPA is authorized to provide financial assistance that facilitates “the inventory of brownfield sites, site assessments, remediation of brownfield sites, community involvement, or site preparation.” The following are general subject areas for which the EPA will fund RLF TA to support communities. Applications must clearly describe how the applicant will provide technical assistance in each of the five general subject areas described below.

Applicants may also propose alternative activities/approaches that would supplement or enhance the activities EPA describes below. Any supplemental activities must be an eligible activity described in CERCLA § 104(k)(7). Note, however, that EPA will not fund surveys or other collections of information that require that EPA comply with Information Collection Request requirements in 5 C.F.R. §1320.3(d).

In August 2023, EPA held a public listening session where verbal and written comments were solicited from non-Federal stakeholders on what types of RLF TA is most needed. The subject areas below reflect feedback EPA received in those comments.

1. Research on Existing and Potential RLF CARs, Loan Programs Outside of

Brownfields, and Available Brownfield Technical Assistance

Activities supporting this subject area should include both 1) researching Brownfield RLF Programs nationwide to better understand how existing RLF CARs are operating their RLF Programs and what help they need, and 2) researching governmental agencies and non-governmental organizations not associated with a brownfield program that execute or work with loan programs [e.g., Economic Development Administration (EDA), Department of Housing and Urban Development (HUD), Community Development Financial Institution (CDFI), International Economic Development Council (IEDC), Council of Development Finance Agencies (CDFA), etc.] to understand how they are structured and whether anything those agencies/organizations are doing would be helpful to Brownfield RLF Programs.

In addition, research should include identifying the capacity an entity needs to have before applying for an EPA Brownfield RLF Grant in order for potential RLF CARs to be better prepared for implementing a successful RLF Program.

Finally, activities under this subject area should include investigating available brownfield technical assistance, such as the regional and nationwide Technical Assistance to Brownfields (TAB) programs, the Environmental Justice Thriving Communities Technical Assistance Centers, and the Environmental Finance Centers. EPA expects the successful applicant to understand what technical assistance other organizations are currently providing to existing and potential RLF CARs and to coordinate with them on how the RLF TA provider can best collaborate with and supplement those programs and minimize duplication of effort. Information from this research should be used to determine the best way to complete the other four subject areas.

2. Annual RLF Meetings (Co-sponsored by EPA)

Activities supporting this subject area should include facilitating/hosting annual RLF meetings for potential and existing RLF CARs to come together to learn, exchange ideas, and network to better understand RLF policy and tools for improving their RLF Programs. The RLF TA provider will coordinate with EPA when setting agendas for these meetings, will select the location for and pay for the facilities, and will solicit appropriate subject matter experts to provide presentations, such as experienced RLF CARs, developers, loan management specialists, fund managers, other agencies that manage RLFs, or any other entity that can help build the capacity of RLF Programs.

Applicants should propose a meeting plan that specifies the frequency, duration, and planned location(s) of annual RLF meetings. EPA expects applicants to propose a plan in which the first national RLF meeting occurs in late 2024, if feasible.

The following is a summary of public comments that EPA received related to meetings:

- Existing RLF CARs would like to have multi-day national meetings that are not tied to the National Brownfields Conference to allow sufficient time for covering relevant topics and allowing RLF CARs to exchange ideas, best practices, issues, and questions with each other, the RLF TA provider, subject matter experts, and EPA.

- During years when there is a National Brownfields Conference, hosting a short RLF meeting during or just prior to the Conference, as well as some regional RLF meetings that are separate from the Conference. For EPA Regions with relatively few RLF CARs, it may be appropriate to have a multi-region RLF meeting.

- When possible, meetings should be a hybrid of in-person and virtual using appropriate technology. When not possible, the RLF TA provider should consider ways to make information available to RLF CARs who cannot attend in person (e.g., recorded presentations posted to the online toolkit discussed in the next subject area).

Applicants may also propose other activities that are consistent with the intent of this subject area.

To encourage RLF CAR attendance at these meetings and ensure presentations are given by appropriate subject matter experts, funds from this RLF TA Grant may be used for stipends, travel scholarships, and meals. See Section 1.B. for additional information.

3. Online Toolkit and Training on the Toolkit

Technical assistance in this subject area should focus on developing a webpage with online materials that potential and existing RLF CARs can use to build a successful RLF Program.

These materials can include, for example, templates, examples, checklists, financial spreadsheets for fund tracking of multiple RLF Grants, loan management software, suggested timelines, and any other materials that will help RLF CARs to establish a successful RLF Program. Particular focus should be placed on materials that are helpful to new RLF CARs (e.g., an onboarding toolkit).

Applicants should also propose an approach to representing RLF CAR’s interests in the development of an RLF Handbook, which is being prepared by EPA and an EPA contractor.

The RLF Handbook is intended to be a comprehensive guide for RLF CARs on EPA RLF Program policy and other RLF topics such as marketing and financial management.

Applicants should describe their vision for the RLF Handbook based on their own experience and feedback from experienced RLF CARs (see the possible formation of an RLF Advisory Council in the next subject area). Applicants should identify RLF-specific topics such as examples of aspects necessary for setting up a loan program (e.g., interest rate, repayment terms, offering a discount, proper collateral, strategies based on the market, etc.), marketing and financial management templates/tools, as well as other matters that will assist RLF CARs in using the RLF Handbook effectively. However, because the RLF Handbook will be an EPA document, EPA will make all final decisions on its content.

The RLF Handbook will be publicly available. Applicants should propose how they will provide and/or facilitate training on the toolkit contents as the online toolkit is developed (e.g., via recorded webinars and the annual RLF meetings). Note that although EPA will review and provide comments on the training curricula and co-sponsor the training events, the successful applicant, rather than EPA, will make the final decisions on the content and methods for delivering the training.

4. Peer-to-peer Networking/Community of Practice and RLF Advisory Council

Technical assistance in this subject area should include facilitating national peer-to-peer networking among existing RLF CARs, with the option for potential RLF CARs to participate as appropriate. For example, this subject area could include the development of a platform for questions and discussion among RLF CARs (e.g., a “wiki” or community of practice). Applicants may also propose other means of establishing and implementing a peer-to-peer networking/community of practice system that are consistent with the intent of this subject matter area.

In addition, applicants may propose to establish an RLF Advisory Council that would consist of subject matter experts and experienced RLF CARs from geographically diverse locations across EPA Regions who would provide feedback and input to the RLF TA provider on all subject areas included in this grant. Examples of ways the RLF Advisory Council could assist the RLF TA provider are as follows: provide input on meeting agenda topics, help with presentations for annual meetings and webinars, review and provide material for the online toolkit to include the RLF Handbook, and act as an advisory board or working group in regularly scheduled webinars where RLF CARs could “call in” with questions or issues they are facing with their RLF Program.

EPA provides information on the allowability of advisory council costs in the EPA Office of Grants and Debarment Guidance on Selected Items of Cost for Recipients.

https://www.epa.gov/grants/rain-2018-g01-r https://www.epa.gov/grants/rain-2018-g01-r

5. Direct Nationwide RLF-Specific Technical Assistance

Technical assistance in this area should address providing nationwide technical assistance to potential or existing RLF CARs over the phone, via meeting software, or via email using pre-prepared materials available online. This could also include, for example, setting up RLF office hours that would facilitate discussion between the RLF TA provider and existing RLF CARs.

The RLF TA provider should coordinate relevant activities with other EPA Brownfields Technical Assistance providers to ensure the RLF TA is RLF-specific and supplements existing TA that is available (e.g., examples of RLF-specific TA include unique RLF requirements in applications for potential RLF CARs, as well as the loan execution/management process or strategies for expenditures on loans and subgrants consistent with EPA RLF policies).

Applicants should propose a plan for: reviewing existing materials from EPA Technical Assistance providers to avoid duplication, training other EPA Brownfields Technical Assistance providers on specific tools or RLF capacity building approaches, referring program participants to other EPA Technical Assistance Providers (e.g., Technical Assistance for Brownfields, Environmental Finance Centers, Environmental Justice Thriving Communities Technical Assistance Centers) as applicable, and/or leading an activity at a workshop organized by regional, state or other EPA Technical Assistance Providers to increase the visibility and understanding of brownfield RLFs.

Applicants may also propose other means of establishing and implementing a direct RLF specific technical assistance program that is consistent with the intent of this subject matter area.

RLF Technical Assistance Coalition

Applicants may, but are not required to, propose forming a coalition to carry out their RLF TA program. Applying as an RLF TA Coalition may be beneficial since it could allow the RLF TA provider to share more diverse experiences with potential and existing RLF CARs (EPA recognizes that there may be other means of achieving that purpose). An RLF TA Coalition is comprised of one “lead” eligible entity that partners with one or more non-lead eligible entities.

The lead eligible entity is the applicant that submits an application on behalf of the coalition members who may receive subawards. The RLF TA Coalition may request funding up to $3 million to provide technical assistance to existing and potential RLF CARs. The non-lead coalition members may not be an agency or instrumentality of, or be affiliated with, the lead member (for example, a county and the redevelopment authority of the same county); except for coalitions in which the state is the lead and one of the members is a regional council or regional commission that is created by a state legislature through a charter or another official action.

A non-lead member of a coalition may be an existing RLF CAR or RLF Grant Coalition member, but may not be an agency or instrumentality of or be affiliated with another non-lead member in the same RLF TA Coalition. The coalition members must be separate legal entities.

For example, the following may not be members of the same coalition:

1. Different departments within the same unit of government;

2. A unit of government and an affiliated nonprofit organization exempt from taxation under section 501(c)(3) of the Internal Revenue Code that the city controls; or

3. Affiliated 501(c)(3) nonprofit organizations (e.g., nonprofit organizations that have the same board of directors or staff). This does not preclude separately incorporated chapters of a national nonprofit organization from being non-lead members of coalitions in different geographic areas. For example, an organization is a national nonprofit with local chapters that are separately incorporated and have their own board of directors and staff.

Local chapter “A” conducts programming in the state of “Y.” Local chapter “B” conducts programming in the state of “Z.” Both chapters may be non-lead members of different FY24 RLF TA Grant applications.

If selected, the lead entity will be the point of contact for the other coalition members. The lead entity will be the grant recipient and must administer the grant and be accountable to EPA for effectively carrying out the scope of work and the proper financial management of the grant.5

Coalition members may not be members of other RLF TA Coalition applications, nor may coalition members submit an RLF TA Grant application as an individual applicant. A coalition member wishing to apply as part of a different RLF TA Coalition or as an individual applicant must withdraw from the coalition.

Please note that once the lead entity submits the application, it becomes the applicant, and the coalition members may not substitute another eligible entity as the lead entity after the deadline for submitting applications has passed. Additionally, the non-lead coalition members may not be substituted after the deadline for submitting applications has passed. If the application is selected for funding, the lead member must partner with the other coalition members that were named in the application unless EPA approves a post-award change to these arrangements pursuant to 2 CFR § 200.308(c).

A Memorandum of Agreement (MOA) documenting the coalition’s process must be in place prior to the expenditure and draw down of any funds that are awarded. The coalition members should identify and establish relationships necessary to achieve the project’s goal. A process for successful execution of the project’s goal, including a description and role of each coalition member, should be established along with the MOA. The purpose of the MOA is for coalition members to agree internally on the distribution of funds and the mechanisms for implementing the RLF TA work.

I.B. Uses of Grant Funds

Eligible uses of grant funds include direct costs necessary to provide brownfields research and

5 If the application is successful, the lead applicant is the Recipient as defined in 2 CFR § 200.1 that is accountable to EPA for performance of the assistance agreement. A lead applicant who provides subawards to coalition members is also Pass-through entities as defined in 2 § CFR 200.1 and must comply with the Subrecipient Monitoring and Management requirements in 2 CFR Part 200.

technical assistance identified in the approved workplan. This includes eligible programmatic costs necessary to perform the project, such as: costs for personnel, technical experts, materials, supplies, room rentals, travel, and transportation expenses for recipient personnel and program beneficiaries.

Eligible uses of grant funds also include costs associated with eligible participant support costs, including for:

• Reasonable stipends to compensate beneficiaries and/or subject matter experts for participating in technical assistance events. Note that stipends may only be paid for actual time spent at the technical assistance events and must not duplicate training support provided through other Federal, state, Tribal or local programs.

• Transportation for beneficiaries to and from technical assistance events in the form of partial or full stipends, meals, or other allowable direct costs are allowable only if the program participant does not charge the cost to an existing RLF Grant6 or other Federal grant.

Eligible uses of grant funds also include allowable advisory council costs, including reasonable stipends to compensate beneficiaries and/or subject matter experts for participating in an advisory council.7 Note that stipends may only be paid for actual time spent participating on the advisory council and must not duplicate support provided through other Federal, state, Tribal, or local programs.

Note, the scope of work and related budget narrative must describe the advisory council’s membership, functions, and costs and explain why the advisory council is necessary to carry out this EPA funded project. Refer to Guidance on Selected Items of Cost for Recipients for information on costs for advisory councils.

Funds cannot be used for the payment of:

1. Conducting site assessments or cleanups;

2. Construction and land acquisition;

3. Foreign travel;

4. Direct costs for Federal, state or private grant application preparation with the exception of incidental use of data or guidance materials by grant applicants;

5. Writing or reviewing grant applications;

6. A penalty or fine;

7. A federal cost share requirement (for example, a cost share required by other federal funds unless there is authority in another Federal statute to use Federal funds for cost share);

6 Although travel costs for training are an eligible cost under RLF Grants, RLF CARs with an open RLF cooperative agreement may want to avoid charging these costs to their grant since they count as non-loan costs in the 50/50 split calculation. See the RLF Program FAQs for more explanation of the 50/50 split calculation.

7 EPA interprets the term “advisory council” to include groups of individuals who are not employees of the recipient that provide strategic and policy advice to the organization.

https://www.epa.gov/sites/default/files/2018-05/documents/recipient_guidance_selected_items_of_cost_final.pdf https://www.epa.gov/system/files/documents/2023-05/BF%20RLF%20Program%20FAQs_0.pdf

8. Administrative costs, including all indirect costs and direct costs for cooperative agreement administration, in excess of five (5) percent of the total amount of EPA cooperative agreement funding, with the exception of financial and performance reporting costs (which are considered allowable programmatic costs and not subject to the 5% limitation);

9. Surveys or other collections of information that require that EPA comply with Information Collection Request requirements in 5 CFR § 1320.3(d)8;

10. A cost of compliance with any federal law, excluding the cost of compliance with laws applicable to environmental cleanup;

11. Unallowable costs (e.g., lobbying) under 2 CFR Part 200, Subpart E; or

12. Travel costs for EPA (or other federal government) employees.

Administrative Costs

Under CERCLA § 104(k)(5)(B), CARs and subrecipients may use up to 5% of the amount of federal funding for this cooperative agreement for administrative costs, including indirect costs under 2 CFR § 200.414. As required by 2 CFR § 200.403(d), the CAR and subrecipients must classify administrative costs as direct or indirect consistently and may not classify the same types of cost in both categories. Eligible cooperative agreement and subaward administrative costs subject to the 5% limitation include direct costs for:

a. Costs incurred to comply with the following provisions of the Uniform Administrative Requirements for Cost Principles and Audit Requirements for Federal Awards at 2 CFR Parts 200 and 1500 other than those identified as programmatic.

i) Preparing revisions and changes in the budgets, scopes of work, program plans, and other activities required under 2 CFR § 200.308;

ii) Maintaining and operating financial management systems required under 2 CFR § 200.302;

iii) Preparing payment requests and handling payments under 2 CFR § 200.305;

iv) Financial reporting under 2 CFR § 200.327;

v) Non-federal audits required under 2 CFR Part 200, Subpart F; and

b. Closeout under 2 CFR § 200.343 with the exception of preparing the recipient’s final performance report. Costs for preparing this report are programmatic and are not subject to the 5% limitation on direct administrative costs.

I.C. EPA Strategic Plan Linkage

The activities to be funded under this announcement support the EPA’s FY 2022-2026 Strategic Plan.9 Awards made under this announcement will support Goal 6 - Safeguard and Revitalize Communities, Objective 6.1 - Clean Up and Restore Land for Productive Uses and Healthy Communities of the EPA’s Strategic Plan. All applications must be for projects that support this goal and objective.

8 EPA funds may not be used for the design or administration of an information collection, and EPA personnel may not participate in such activities. Reasonable costs for analyzing independently collected information and publishing the results of such information collections are allowable to the extent authorized in the EPA approved budget.

9 EPA’s Strategic Plan is available at https://www.epa.gov/planandbudget/strategicplan.

https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-E/subject-group-ECFRd93f2a98b1f6455/section-200.414 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-E/subject-group-ECFRea20080eff2ea53/section-200.403#p-200.403(d) https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/section-200.308 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/section-200.302 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/section-200.302 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/section-200.305 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/subject-group-ECFR45ddd4419ad436d/section-200.327 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/subject-group-ECFR86b76dde0e1e9dc/section-200.343 https://www.epa.gov/system/files/documents/2022-03/fy-2022-2026-epa-strategic-plan.pdf https://www.epa.gov/system/files/documents/2022-03/fy-2022-2026-epa-strategic-plan.pdf https://www.epa.gov/planandbudget/strategicplan https://www.epa.gov/planandbudget/strategicplan

I.D. Measuring Environmental Results: Anticipated Outputs/Outcomes

EPA requires that applicants adequately describe environmental outputs (performance measures) and outcomes to be achieved under assistance agreements.10 Applicants must include specific statements describing the environmental results of the proposed project in terms of well-defined outputs and, to the maximum extent practicable, well-defined outcomes that will demonstrate how the project will contribute to the Agency’s strategic plan goal and objective described above in Section I.C.

Applicants are required to describe, in their responses to the ranking criteria in Section IV.E., how funding will help EPA achieve environmental outputs and outcomes. Outputs and outcomes specific to each project will be identified as deliverables in the negotiated workplan if the application is selected for award. The recipient will be expected to report progress toward the attainment of expected project outputs and outcomes during the project performance period.

Outputs and outcomes are defined as follows:

a. Outputs The term “outputs” refers to an environmental activity, effort and/or associated work product related to an environmental goal or objective that will be produced or provided over a period of time or by a specified date. Outputs may be quantitative or qualitative but must be measurable during the project period. The expected outputs for the grants awarded under these guidelines may include but are not limited to:

a. The number of entities and projects receiving technical assistance;

b. The number of RLF Programs supported;

c. The number of technical assistance meetings, workshops, and webinars;

d. The number of checklists, templates, financial tracking spreadsheets, and/or other materials provided as a tool kit for existing RLF CARs; and

e. Research results and dissemination through reports or other written materials.

b. Outcomes

The term “outcomes” refers to the result, effect, or consequence that will occur from carrying out the activities under the grant. Outcomes may be environmental, behavioral, health-related, or programmatic; must be qualitative or quantitative, and may not necessarily be achievable during the project period. EPA anticipates outcomes from cooperative agreements expected to be awarded under this announcement will include, but not be limited to, increasing the capacity of entities to assess (when allowed by an RLF COA), cleanup, and safely reuse brownfields by:

a. increased capacity to establish and/or enhance their RLF Program;

b. better informed and equipped to effectively address and be involved in brownfield

RLF activities;

c. improved RLF CAR involvement, communication, and developing new partnerships among differing groups; and

10 EPA Order 5700.7, EPA’s Policy for Environmental Results under EPA Assistance Agreements is available at www.epa.gov/grants/epa-order-57007a1-epas-policy-environmental-results-under-epa-assistance-agreements.

http://www.epa.gov/grants/epa-order-57007a1-epas-policy-environmental-results-under-epa-assistance-agreements

d. enabling entities with RLF Programs to manage their program successfully over the long-term and stimulate economic, social, and other beneficial reuses of brownfield sites in order to improve environmental conditions and human health.

I.E. Additional Provisions for Applicants Incorporated into the Solicitation

Additional provisions that apply to Sections III., IV., V., and VI. of this solicitation and/or awards made under this solicitation, can be found in EPA’s Solicitation Clauses. These provisions are important for applying to this solicitation and applicants must review them when preparing applications. If you are unable to access these provisions electronically at the website above, please contact the Regional Brownfields Contact listed in Section VII. to obtain the provisions.

SECTION II. – AWARD INFORMATION

II.A. What is the Amount of Available Funding?

The total estimated funding available under this competitive opportunity is $3,000,000, subject to the availability of funds, quality of applications, and other applicable considerations. The EPA anticipates awarding one cooperative agreement. The agreement will be incrementally funded with additional funds being added to each subsequent year of the agreement, subject to satisfactory performance, the availability of funds and other applicable considerations.

EPA reserves the right to make additional awards under this competition, consistent with EPA policy and guidance, if additional funding becomes available. Any additional selections for awards will be made no later than six months from the date of original selection decisions. EPA reserves the right to not fund any applications under this competition.

II.B. How Many Agreements Will EPA Award in this Competition?

EPA anticipates selecting one (1) recipient under this competitive opportunity for a cooperative agreement.

EPA reserves the right to reject all applications and make no awards under this announcement.

II.C. Will Applications be Partially Funded?

In appropriate circumstances, EPA reserves the right to partially fund applications by funding discrete activities, portions, or phases of proposed projects. To maintain the integrity of the competition and selection process, should EPA decide to partially fund an application, it will do so in a manner that does not prejudice any applicants or affect the basis upon which the application, or portion thereof, was evaluated and selected for award.

https://www.epa.gov/grants/epa-solicitation-clauses

II.D. What is the Project Period for Award Resulting from this Solicitation?

The anticipated project period for this cooperative agreement is five years. The EPA expects the recipient to complete all deliverables under its award during the fifth year of its project and allow time for reporting accomplishments data and disseminating final reports as applicable.

II.E. Substantial Involvement

This Brownfield Grant will be awarded in the form of a cooperative agreement. A cooperative agreement requires the EPA Project Officer to be substantially involved in overseeing the work performed by the selected recipient. Although EPA will negotiate precise terms and conditions related to substantial involvement as part of the award process, the anticipated substantial federal involvement for this project may include, but is not limited to:

• Close monitoring of the recipient’s performance to verify compliance with the EPA-approved workplan and achievement of results.

• Co-sponsoring events as described above.

• Collaborating during the performance of the scope of work including participation in project activities, to the extent permissible under EPA policies. Examples of collaboration include:

o Consultation between EPA staff and the recipient on effective methods of carrying out the scope of work provided the recipient makes the final decision on how to perform authorized activities.

o Advice from EPA staff on how to access publicly available information on EPA or other federal agency websites.

o Support from EPA on integrating RLF-specific technical assistance under this grant with other Federal technical assistance providers, such as Technical Assistance to Brownfields Communities, EJ Thriving Communities Technical Assistance Centers (TCTACs), Environmental Finance Centers, and more.

o With the consent of the recipient, EPA staff may provide technical advice to the recipient’s contractors or subrecipients provided the recipient approves any expenditures of funds necessary to follow advice from EPA staff. The recipient remains accountable for performing contract and subaward management as specified in 2 CFR § 200.318 and 2 CFR § 200.332 as well as the terms of the EPA cooperative agreement.

o EPA staff participation in meetings, webinars, and similar events upon the request of the recipient or in connection with a co-sponsorship agreement.

• Reviewing proposed procurement in accordance with 2 CFR § 200.325, as well as the substantive terms of proposed contracts or subawards as appropriate. This may include reviewing requests for proposals, invitations for bid, scopes of work and/or plans and specifications for contracts over $250,000 prior to advertising for bids.

• Reviewing qualifications of key personnel. (EPA does not have the authority to select employees or contractors, including consultants, employed by the award recipient.)

• Reviewing and commenting on performance reports prepared under the cooperative agreement to ensure all costs incurred by the recipient and/or its contractor(s) are needed https://www.ecfr.gov/cgi-bin/text-idx?SID=34183e930e741a04ff06debe9d858069&mc=true&node=se2.1.200_1318&rgn=div8 https://www.ecfr.gov/cgi-bin/text-idx?SID=fad22b17b4bd4c04ee1eafc308099edd&mc=true&node=se2.1.200_1332&rgn=div8 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/subject-group-ECFR45ddd4419ad436d/section-200.325 and are an appropriate expenditure of grant funds. (The final decision on the content of reports rests with the recipient.)

• Reviewing outputs and outcomes to ensure substantial progress is made in accordance with the cooperative agreement terms and conditions.

• Participation in periodic telephone conference calls to share ideas, project successes and challenges, etc., with EPA.

SECTION III. – APPLICANT ELIGIBILITY AND THRESHOLD CRITERIA

Note: Additional provisions that apply to this section can be found at EPA Solicitation Clauses.

III.A. Who Can Apply?

The following information indicates which entities are eligible to apply for this cooperative agreement:

• General Purpose Unit of Local Government. [For purposes of the EPA Brownfields cooperative agreement Program, a “local government” is defined as stated under 2 CFR § 200.64.: Local government means a county, municipality, city, town, township, local public authority (including any public and Indian housing agency under the United States Housing Act of 1937), school district, special district, intrastate district, council of governments (whether or not incorporated as a nonprofit corporation under state law), any other regional or interstate government entity, or any agency or instrumentality of a local government.]

• Land Clearance Authority or another quasi-governmental entity that operates under the supervision and control of, or as an agent of, a general-purpose unit of local government.

• Government Entity Created by State Legislature.

• Regional Council or group of General-Purpose Units of Local Government.

• Redevelopment Agency that is chartered or otherwise sanctioned by a state.

• State.

• Federally recognized Indian Tribe other than in Alaska. (The exclusion of Alaskan Tribes from Brownfields cooperative agreement eligibility is statutory at CERCLA § 104(k)(1)).

Intertribal Consortia, comprised of eligible Indian Tribes, are eligible for funding in accordance with EPA’s policy for funding intertribal consortia published in the Federal Register on November 4, 2002, at 67 Fed. Reg. 67181.)

• Alaska Native Regional Corporation, Alaska Native Village Corporation, and Metlakatla Indian Community. (Alaska Native Regional Corporations and Alaska Native Village Corporations are defined in the Alaska Native Claims Settlement Act (43 U.S.C. 1601 and following.)

• Nonprofit organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code.

• Limited liability corporation in which all managing members are 501(c)(3) nonprofit organizations or limited liability corporations whose sole members are 501(c)(3) nonprofit organizations.

• Limited liability partnership in which all general partners are 501(c)(3) nonprofit organizations or limited liability corporations whose sole members are 501(c)(3) nonprofit organizations.

https://www.epa.gov/grants/epa-solicitation-clauses

• Qualified community development entity as defined in Section 45D(c)(1) of the Internal Revenue Code of 1986.

• Other Nonprofit organizations. (For purposes of this cooperative agreement program, the term “nonprofit organization” means any corporation, trust, association, cooperative, or other organization that is operated mainly for scientific, educational, service, charitable, or similar purpose in the public interest; is not organized primarily for profit; and uses net proceeds to maintain, improve, or expand the operation of the organization. The term includes nonprofit colleges, universities, and other educational institutions.)

Note, individuals, for-profit organizations, and nonprofit organizations exempt from taxation under Section 501(c)(4) of the Internal Revenue Code that lobby within the meaning of the Lobbying Disclosure Act 2 U.S.C. 1601 et. seq. are not eligible to receive Brownfields cooperative agreements.

III.B. Voluntary Cost Share/Leveraging

Matching funds are not required under this competition. Although cost-sharing or matching is not required as a condition of eligibility under this competition announcement, EPA will evaluate responses to the Leveraging criterion (Section IV.E.). Leveraging is generally when an applicant proposes to provide its own additional funds/resources or those from third-party sources (including another federal grant) to support or complement the project awarded under the competition that are above and beyond the EPA cooperative agreement funds awarded. Any leveraged funds/resources, and their source, must be identified in the application. Leveraged funds and resources may take various forms as noted below.

Voluntary cost share is a form of leveraging. Voluntary cost sharing is when an applicant voluntarily proposes to legally commit to providing costs or contributions to support the project when a cost share is not required. Applicants who propose to use a voluntary cost share must include the costs or contributions for the voluntary cost share in the project budget on the SF-424. If an applicant proposes a voluntary cost share, the following apply:

• A voluntary cost share is subject to the match provisions in the cooperative agreement regulations (2 CFR § 200.306, as applicable).

• A voluntary cost share may only be met with eligible and allowable costs.

• The recipient may not use other sources of federal funds to meet a voluntary cost share unless the statute authorizing the other federal funding provides that the federal funds may be used to meet a cost share requirement on a federal cooperative agreement.

• The recipient is legally obligated to meet any proposed voluntary cost share that is included in the approved project budget as provided in the definition of Voluntary committed cost sharing in 2 CFR § 200.1. If the proposed voluntary cost share does not materialize during cooperative agreement performance, then EPA may reconsider the legitimacy of the award and/or take other appropriate action as authorized by 2 CFR § 200.339.

Other leveraged funding/resources that are not identified as a voluntary cost share. This form of leveraging may be met by obtaining and dedicating funding from another federal https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/section-200.306 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/subject-group-ECFR86b76dde0e1e9dc/section-200.339 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/subject-group-ECFR86b76dde0e1e9dc/section-200.339 cooperative agreement, from an applicant's own resources, or resources from other third-party sources. This form of leveraging should not be included in the budget and the costs need not be eligible and allowable project costs under the EPA assistance agreement. While this form of leveraging should not be included in the budget, the cooperative agreement workplan should include a statement indicating that the applicant is expected to produce the proposed leveraging consistent with the terms of the announcement and the applicant's application. If applicants propose to provide this form of leveraging, EPA expects them to make the effort to secure the leveraged resources described in their applications. If the proposed leveraging does not materialize during cooperative agreement performance, then EPA may reconsider the legitimacy of the award and/or take other appropriate action as authorized by 2 CFR Parts 200 and 1500 as applicable.

III.C. Threshold Eligibility Criteria

This section contains the threshold eligibility criteria that ensure applicants are eligible to receive a cooperative agreement under this competition. Threshold criteria are evaluated on a pass/fail basis and are based on certain requests for information identified below. Only those applications that specifically address and pass each of the threshold criteria listed below will be evaluated against the evaluation criteria in Section V.A. of this announcement.

If an application is submitted that includes any ineligible tasks or activities, that portion of the application will be ineligible for funding and may, depending on the extent to which it affects the application, render the entire application ineligible for funding.

Applicants deemed ineligible for funding consideration as a result of failing the threshold…