EPA-I-OLEM-ORCR-24-06.pdf

AGENCY: ENVIRONMENTAL PROTECTION AGENCY (EPA)

TITLE: Solid Waste Infrastructure for Recycling (SWIFR) Grants for Tribes and

Intertribal Consortia

ACTION: Notice of Funding Opportunity (NOFO)

FUNDING OPPORTUNITY NUMBER: EPA-I-OLEM-ORCR-24-06

Assistance Listing No: 66.920

KEY DATES:

Oct. 16, 2024 INFORMATION SESSION #1

Oct. 29, 2024 INFORMATION SESSION #2

Mar. 14, 2025 NOFO CLOSES – APPLICATIONS DUE BY 11:59 PM (ET)

Sep. 2025 ANTICIPATED NOTIFICATION OF FUNDING SELECTION

Mar. 2026 ANTICIPATED AWARD

APPLICATION SUBMISSION DEADLINE: Application packages must be submitted electronically to the EPA through Grants.gov (www.grants.gov) no later than March 14, 2025 at 11:59 p.m. (ET) to be considered for funding.

There is no cost share required for this funding opportunity. Voluntary committed cost share will not be accepted or evaluated under this competition.

CONTENTS BY SECTION

SECTION I. FUNDING OPPORTUNITY DESCRIPTION

A. Background

B. Statutory/Regulatory Authority Criteria

C. Key Definitions

D. Program Vision and Goals

E. Scope of Work

F. General Environmental Results and Strategic Plan Information

G. Linkages to National Strategies

H. Measuring and Reporting Environmental Results: Outputs and Outcomes

I. Additional Provisions for Applicants Incorporated into the Solicitation

SECTION II. AWARD INFORMATION

A. What is the amount of available funding?

B. Funding Structure

C. How many agreements will EPA award in this competition?

D. Type of Award

E. Will applications be partially funded?

F. What is the project period for awards resulting from this solicitation?

SECTION III. ELIGIBILITY INFORMATION

A. Eligible Applicants

B. Cost Sharing

C. Threshold Eligibility Criteria

D. Procurements

E. Ineligible Costs or Activities and Other Considerations

SECTION IV. APPLICATION AND SUBMISSION INFORMATION

A. Requirements to Submit through Grants.gov and Limited Exception Procedures

B. Submission Instructions

C. Technical Issues with Submission

D. Application Materials

E. Content of Application Submission

F. Pre-Application Assistance

G. Confidential Business Information

SECTION V – APPLICATION REVIEW INFORMATION

A. Evaluation Criteria

B. Review and Selection Process

SECTION VI – AWARD ADMINISTRATION INFORMATION

A. Award Notification

B. Combining Applications into One Award

C. Administrative and National Policy Requirements

D. Use of Funds

E. Program Income

F. Build America, Buy America Requirements

G. Project Labor Agreements and Prevailing Wage Requirements

H. National Environmental Protection Act (NEPA) Compliance

I. Disputes

J. Quality Assurance Project Plans (QAPPs)

K. Reporting Requirements

SECTION VII – AGENCY CONTACTs

SECTION I. FUNDING OPPORTUNITY DESCRIPTION

A. Background

Material resource extraction and processing account for approximately 55 percent of global greenhouse gas emissions.1 Increasing recycling reduces climate, environmental, and social impacts of materials use, and keeps valuable resources in use instead of in landfills. Municipal solid waste management2 has long suffered from a lack of investment. Some communities that lack waste management infrastructure do not have curbside waste collection services, recycling, or composting programs, which increases the burden on limited landfill capacity and increases greenhouse gas emissions. For example, more than one-third

(nearly 100 million tons) of the United States (U.S.) municipal waste stream is organic waste. The production and current management of organics contributes to a broad range of negative environmental impacts, including climate change, air pollutants, water scarcity, biodiversity loss, and soil and water quality degradation. Mismanaged waste also can compound health, economic, and undesirable social conditions in disadvantaged communities that are marginalized by underinvestment and overburdened by pollution.

The EPA and others have undertaken significant efforts to promote a circular economy in the United

States. In 2015, the EPA and the United States Department of Agriculture (USDA) announced the U.S.

2030 Food Loss and Waste Reduction Goal, seeking to cut food loss and waste in half by the year 2030.

In 2020, the EPA announced the National Recycling Goal to increase the U.S. recycling rate to 50 percent by 2030 and to galvanize efforts to strengthen the U.S. recycling system. One year later, the

EPA released the National Recycling Strategy: Part One of a Series on Building a Circular Economy for

All. That same day, federal funding was made available to support the strategy when the Infrastructure

Investment and Jobs Act (IIJA), also known as the Bipartisan Infrastructure Law (BIL) was signed into law. The National Recycling Strategy established a vision for building a circular economy to reduce material use, redesign materials to be less resource intensive, and recapture “waste” as a resource to manufacture new materials and products. As part one of the series, the National Recycling Strategy focuses on municipal solid waste recycling.

In June 2024, the White House, along with EPA, USDA, and the U.S. Food and Drug Administration

(FDA) released part two of the series, the National Strategy for Reducing Food Loss and Waste and

Recycling Organics. The goal of this strategy is to prevent the loss and waste of food and increase recycling of organic materials to support a circular economy for all, reduce greenhouse gas emissions, save households and businesses money, and build healthier, cleaner communities. This vision and strategies for a circular economy align with the language and the goals identified in the Save Our Seas

2.0 Act regarding solid waste infrastructure and management in the United States.

The Solid Waste Infrastructure for Recycling (SWIFR) grant program, authorized under Section 302(a) of the Save our Seas 2.0 Act and funded through the BIL, is a historic investment in the health, equity, and resilience of American communities. The unprecedented funding provided by the BIL through the

SWIFR grants will assist local waste management authorities by supporting improvements to local post-consumer materials management, including municipal recycling programs, and assisting local waste management authorities in making improvements to local waste management systems. The SWIFR

1 Data from the 2024 Global Resources Outlook Report published by UN Environment.

https://www.resourcepanel.org/reports/global-resources-outlook-2024 2 EPA has developed a standardized set of terms with examples of Municipal Solid Waste:

https://www.epa.gov/recyclingstrategy/standardized-terms-materials-accepted-municipal-recycling-programs https://www.epa.gov/sustainable-management-food/united-states-2030-food-loss-and-waste-reduction-goal https://www.epa.gov/sustainable-management-food/united-states-2030-food-loss-and-waste-reduction-goal https://www.epa.gov/recyclingstrategy/us-national-recycling-goal https://www.epa.gov/recyclingstrategy/strategies-building-circular-economy-all https://www.epa.gov/recyclingstrategy/strategies-building-circular-economy-all https://www.congress.gov/bill/117th-congress/house-bill/3684 https://www.congress.gov/bill/117th-congress/house-bill/3684 https://www.epa.gov/circulareconomy/national-strategy-reducing-food-loss-and-waste-and-recycling-organics https://www.epa.gov/circulareconomy/national-strategy-reducing-food-loss-and-waste-and-recycling-organics https://www.epa.gov/recyclingstrategy/standardized-terms-materials-accepted-municipal-recycling-programs grant program provides a critical opportunity to fund a range of high-impact projects to increase recycling, reduce contamination, and promote a circular economy for materials by making much-needed investments in solid waste management infrastructure.

The SWIFR Grant Program is a covered program under the Justice40 Initiative which aims to deliver 40 percent of the overall benefits of federal climate, clean energy, affordable and sustainable housing, clean water, and other investments to disadvantaged communities. More information on the Justice40

Initiative at the EPA can be found at: www.epa.gov/environmentaljustice/justice40-epa.

There are three types of grants within the SWIFR program, which are designed to fund a range of projects that will enable EPA to help states, territories, Tribes, local governments, and communities improve and transform their recycling and materials management infrastructure.

1. SWIFR Grants for States and Territories

2. SWIFR Grants for Tribes and Intertribal Consortia

3. SWIFR Grants for Political Subdivisions3

This NOFO is for the SWIFR Grants for Tribes and Intertribal Consortia. The total estimated funding for this competitive opportunity is approximately $20,000,000. The EPA anticipates awarding approximately 20 assistance agreements, with at least one award per EPA Region, depending on the quality and quantity of applications received. The minimum individual award amount is $100,000 and the maximum individual award amount is $1,500,000 for the grant period, which is up to three years.

Refer to Section II: Award Information of this announcement for more information.

Materials and waste streams considered under this announcement include: municipal solid waste

(MSW), including plastics, organics, paper, metal, glass, etc., electronic waste, batteries, and construction and demolition (C&D) debris. In addition, materials and waste streams considered include the management pathways of source reduction, reuse, sending materials to material recovery facilities, composting, rendering, anaerobic digestion, and feeding animals.

The following activities are not eligible for funding under this solicitation: constructing, improving or operating landfills; incineration; burn units; waste-to-energy (except anaerobic digestion); chemical and thermal recycling; biofuels; and environmental cleanup. Food preprocessing is only eligible when paired with recycling activities. Note: Definitions of some commonly used terms will be posted in a question and answer document on EPA's Solid Waste Infrastructure for Recycling Grants for Tribes and

Intertribal Consortia webpage.

B. Statutory/Regulatory Authority Criteria

The BIL provides $275,000,000 for grants under Section 302(a) “Post-Consumer Materials Management

Infrastructure Grant Program” of the Save Our Seas 2.0 Act (Public Law 116–224) as codified at 33

U.S.C. 4282(a). The BIL funds are available to EPA at $55,000,000 per year from Fiscal Year 2022 to

Fiscal Year 2026. Congress appropriated an additional $14,000,000 for grants authorized under Section

302(a) of Save Our Seas 2.0 Act through EPA’s Fiscal Year 2022 Appropriation Act (Public Law 117-

3 Please note that the EPA also refers to this type of grant under SWIFR as “SWIFR Grants for Communities.”

https://www.epa.gov/environmentaljustice/justice40-epa https://www.epa.gov/environmentaljustice/justice40-epa https://usepa.sharepoint.com/sites/RecyclingActionTeam/Shared%20Documents/General/Tribal/2022/RFA/www.epa.gov/environmentaljustice/justice40-epa https://www.epa.gov/infrastructure/solid-waste-infrastructure-recycling-grants-states-and-territories https://www.epa.gov/infrastructure/solid-waste-infrastructure-recycling-grants-tribes-and-intertribal-consortia https://www.epa.gov/infrastructure/solid-waste-infrastructure-recycling-grants-communities https://www.epa.gov/infrastructure/solid-waste-infrastructure-recycling-grants-tribes-and-intertribal-consortia https://www.epa.gov/infrastructure/solid-waste-infrastructure-recycling-grants-tribes-and-intertribal-consortia https://www.congress.gov/bill/116th-congress/senate-bill/1982/text https://www.congress.gov/117/plaws/publ103/PLAW-117publ103.pdf

103), Fiscal Year 2023 Appropriation Act (Public Law 117-328), and Fiscal Year 2024 Appropriation

Act (Public Law 118-122).

Pursuant to Section 302(a) of the Save Our Seas 2.0 Act, the SWIFR grant program will:

• Implement the series of strategies on building a circular economy for all;

• Support improvements to local post-consumer materials management, including municipal recycling programs; and

• Assist local waste management authorities in making improvements to local waste management systems.

C. Key Definitions

Circular economy: As defined in the Save Our Seas 2.0 Act, the term means an economy that uses a systems-focused approach and involves industrial processes and economic activities that are restorative or regenerative by design; enable resources used in such processes and activities to maintain their highest values for as long as possible; and aim for the elimination of waste through the superior design of materials, products, and systems (including business models). A circular economy is embraced within the sustainable materials management (SMM) approach that the United States federal government has pursued since 2009.

Coalitions: Groups of two or more eligible applicants (see Section III: Eligibility Information) may choose to form a coalition and submit a single application under this NOFO; however, one entity must be responsible for the grant. Coalitions must identify which eligible organization will be the recipient of the grant and which eligible organization(s) will be subrecipients of the recipient (the “pass-through entity”). Subawards must be consistent with the definition of that term in 2 CFR Part 200.1 and comply with the EPA’s Subaward Policy. The pass-through entity that administers the grant and subawards will be accountable to the EPA for proper expenditure of the funds and reporting and will be the point of contact for the coalition. As provided in 2 CFR Part 200.332, subrecipients are accountable to the pass-through entity for proper use of EPA funding. The regulations at 2 CFR Part 1500.10 contain limitations on the extent to which EPA funds may be used to compensate individual consultants. Refer to the Best

Practice Guide for Procuring Services, Supplies, and Equipment Under EPA Assistance Agreements for guidance on consultant compensation.

Environmental justice (EJ): “Environmental justice” means the just treatment and meaningful involvement of all people, regardless of income, race, color, national origin, Tribal affiliation, or disability, in agency decision-making and other Federal activities that affect human health and the environment so that people:

(i) are fully protected from disproportionate and adverse human health and environmental effects

(including risks) and hazards, including those related to climate change, the cumulative impacts of environmental and other burdens, and the legacy of racism or other structural or systemic barriers; and

(ii) have equitable access to a healthy, sustainable, and resilient environment in which to live, play, work, learn, grow, worship, and engage in cultural and subsistence practices.

https://www.congress.gov/117/plaws/publ103/PLAW-117publ103.pdf https://www.congress.gov/bill/117th-congress/house-bill/2617/text https://www.congress.gov/bill/118th-congress/house-bill/4366/text https://www.epa.gov/grants/grants-policy-issuance-gpi-16-01-epa-subaward-policy-epa-assistance-agreement-recipients https://www.epa.gov/grants/best-practice-guide-procuring-services-supplies-and-equipment-under-epa-assistance https://www.epa.gov/grants/best-practice-guide-procuring-services-supplies-and-equipment-under-epa-assistance

Post-consumer materials management: As defined in the Save Our Seas 2.0 Act, the term refers to the systems, operation, supervision and long-term management of processes and equipment used for post-use material (including packaging, goods, products, and other materials), including collection; transport;

and systems and processes related to post-use materials that can be recovered, reused, recycled, repaired, or refurbished.

When considering post-consumer materials management, it is important to include MSW, including plastics, food, paper, metal, glass, etc.), and C&D debris, as well as the management pathways of source reduction and reuse, sending materials to material recovery facilities, composting, rendering, anaerobic digestion, and feeding animals.

D. Program Vision and Goals

This NOFO has the following goals:

• Fund projects that focus on encouraging environmentally sound post-consumer materials management.

• Fund projects that will result in a decrease in the generation of municipal solid waste and/or an increase in the diversion of municipal solid waste from landfills and incineration; and/or

• Fund projects that provide or expand access to source reduction, reuse, recycling, backhaul, anaerobic digestion, and composting for Tribal communities.

E. Scope of Work

The EPA is soliciting applications for a wide variety of projects designed to build and transform Tribal solid waste infrastructure reducing waste and managing materials to achieve a circular economy, reduce greenhouse gas emissions, and create cleaner, resilient, and healthier communities. Projects will create new capacity that foster environmentally sound solid waste management and facilitate greater access for

Tribal communities to source reduction (e.g., repair clinics, reuse centers), recycling, backhaul, anaerobic digestion, and composting opportunities.

In addition, the EPA is seeking projects addressing environmental justice concerns and focusing predominantly on addressing the disproportionate and adverse human health, environmental, climate-related, and other cumulative impacts, as well as the accompanying economic challenges of such impacts, that have affected and/or currently affect Tribal and indigenous populations, and other vulnerable populations such as the elderly, children, and those with pre-existing medical conditions.

All applications must address one or more of the following objectives:

• Develop or update plans4 focused on encouraging environmentally sound post-consumer materials management such as source reduction (e.g., repair clinics, reuse centers), collection, storage, transportation, composting, recycling, and/or markets for recyclables;

• Develop, strengthen, and/or implement comprehensive data collection efforts that demonstrate progress towards the National Recycling Goal and Food Loss and Waste Reduction Goal;

• Establish, increase, or expand materials management infrastructure, such as facilities for reuse, recycling, or composting; collection and storage bins for recyclable or organic material, 4 Plans can be any planning document that meets the tribe’s administrative, planning, and implementation needs, such as their

EPA-Tribal Environmental Plan (ETEP), Integrated Waste Management Plan (IWMP), zero-waste plan, or other planning document of their choice.

purchasing and maintaining equipment or supplies such as scales, crushers, balers, and sorting equipment, trucks, forklifts, and safety equipment);

• Establish or identify end-markets for the use of recycled materials; or

• Demonstrate an increase in the diversion5 recycling rate, and/or quality of materials collected.

Applications may include (but are not limited to) projects that fund:

• Developing or updating plans focused on improving post-consumer materials management;

• Planning and construction of facilities for food and organics recovery, reuse, recycling, composting or anaerobic digestion;6

• Programs that provide or increase access to prevention, reuse, and recycling in areas that currently do not have access; including construction of and/or upgrades to drop-off and transfer stations (including but not limited to a hub-and-spoke model in rural communities), etc.;

• Purchasing collection or storage bins for recyclables or organic material;

• Purchasing or leasing recycling equipment or supplies for post-consumer materials management recovery efforts (e.g., crushers, balers, and sorting equipment, trucks, forklifts, safety equipment);

• Activities focused on development of end-markets for materials (e.g., working with a recycler to accept collected materials for processing);

• Activities to support increasing and improving collection of recyclable materials and/or organics and food waste, and backhaul;

• Activities to reduce, reuse and recycle building materials, including deconstruction (dismantling buildings for reuse and recycling) and C&D debris recycling equipment and projects;

• Activities focused on reducing contamination in the recycling stream;

• Training, technical assistance, and/or tools required to plan, establish, or implement post-consumer materials recovery (e.g., applicants may apply for funding for training employees on use and safety of recycling equipment, raise awareness of infrastructure and processes);

• Education and outreach activities relating to post-consumer materials management;

• Land acquisition when necessary for construction or improvement for improvements to Tribal recycling facilities and waste management facilities, subject to the requirements at 2 CFR Part

200.311 and 2 CFR Part 200.316.; and/or

• Other activities that the applicant believes will further the objectives of the NOFO, provided those activities are eligible for funding under statute and the terms of this NOFO.

The following activities are not eligible for funding under this solicitation: constructing, improving or operating landfills; incineration; burn units; waste-to-energy (except anaerobic digestion); chemical and thermal recycling; biofuels; and environmental cleanup. Food preprocessing is only eligible when paired with recycling activities.

F. General Environmental Results and Strategic Plan Information

The activities to be funded under this solicitation support the FY 2022-2026 EPA Strategic Plan. Awards made under this solicitation will directly support Goal 6 – Safeguard and Revitalize Communities, Objective 6.2 – Reduce Waste and Prevent Contamination of EPA’s Strategic Plan. All applications must be for projects that support this goal and objective.

5 Measured in tons of material diverted from landfill disposal or incineration.

6 Compliance with the National Environmental Policy Act will be required for construction projects.

https://www.epa.gov/planandbudget/strategicplan

G. Linkages to National Strategies

National Recycling Strategy

In alignment with Section I.E: Scope of Work, the activities to be funded under this solicitation will support the National Recycling Strategy (NRS). Awards made under this solicitation will support one or more of the following objectives of the NRS:

a) Improve markets for recycled commodities,

b) Increase collection and improve materials management infrastructure,

c) Reduce contamination in the recycled materials stream,

d) Enhance policies and programs to support circularity, and

e) Standardize measurement and increase data collection.

National Strategy for Reducing Food Loss and Waste and Recycling Organics

The activities to be funded under this solicitation may, but are not required to, support the National

Strategy for Reducing Food Loss and Waste and Recycling Organics. Awards made under this solicitation may support the following objectives of this strategy:

a) Support the development of additional organics recycling infrastructure through grants and other assistance for all communities, especially those that are underserved;

b) Expand the market for products made from recycled organic waste;

c) Enhance support to advance de-centralized (i.e., community-scale, on-farm and home composting) organics recycling, with emphasis on Tribal communities and communities with environmental justice concerns; and

d) Address contamination in the organic waste recycling stream.

H. Measuring and Reporting Environmental Results: Outputs and Outcomes

Pursuant to EPA Order 5700.7A1 “EPA’s Policy for Environmental Results under EPA Assistance

Agreements,” EPA requires that all grant applicants and recipients adequately address environmental outputs and outcomes. Outputs and outcomes differ both in their nature and in how they are measured.

Outputs. The term “output” means an environmental activity, effort, and/or associated work product related to an environmental goal and objective that will be produced or provided over a specified period or by a specified date. Outputs may be quantitative or qualitative but must be measurable during an assistance agreement funding period.

Outcomes. The term “outcome” means the result, effect, or consequence that will occur from carrying out an environmental program or activity that is related to an environmental or programmatic goal or objective. Outcomes may be qualitative and environmental, behavioral, health-related, or programmatic in nature. Applications must include a description of anticipated project outcomes resulting from the project outputs, even if the outcome to be achieved is beyond the assistance agreement funding period.

Include the quantitative target associated with the outcome, as appropriate.

EPA encourages applicants to discuss all of the following environmental outputs and outcomes in the Project Narrative Attachment. Successful applicants that receive grants must report on all of the measures listed below, even if the anticipated result is “0” or “not applicable.”

https://www.epa.gov/recyclingstrategy/strategies-building-circular-economy-all https://www.epa.gov/circulareconomy/national-strategy-reducing-food-loss-and-waste-and-recycling-organics https://www.epa.gov/circulareconomy/national-strategy-reducing-food-loss-and-waste-and-recycling-organics https://www.epa.gov/grants/epa-order-57007a1-epas-policy-environmental-results-under-epa-assistance-agreements https://www.epa.gov/grants/epa-order-57007a1-epas-policy-environmental-results-under-epa-assistance-agreements

• Number of infrastructure investments/enhancements made spanning the spectrum of collection through end market development (e.g., bins purchased, post-consumer materials management systems created, technology improvements made).

• Tons of MSW/C&D collected, recycled, or composted, or managed via each relevant management pathway in the community served by the project.

• Tons of MSW/C&D generated per material type (e.g., plastic, food waste, etc.) and source in the community (e.g., household, school, or business) served by the project.

• Number of temporary or permanent jobs created (including part-time).

• GHGs reduced (in MTCO2e) from collection, recycling, composting or management via other management pathways.

• Percentage of Tribes and Tribal members of intertribal consortia served as a result of establishing, increasing, expanding, or optimizing collection.

• Number of Tribes and member Tribes of intertribal consortia served as a result of establishing, increasing, expanding, or optimizing collection.

A note about surveys and the OMB Regulations Implementing the Paperwork Reduction Act

(PRA): Grant recipients cannot use EPA funds to design nor administer the collection of identical information from 10 or more parties (for example, through surveys or focus groups). Reasonable costs for analyzing and publishing the independently collected information are allowable to the extent authorized in the EPA approved budget for this agreement.

I. Additional Provisions for Applicants Incorporated into the Solicitation

Additional provisions that apply to Section III: Eligibility Information, Section IV: Application and

Submission Information, Section V: Application Review Information, and Section VI: Award

Administration Information of this solicitation and/or awards made under this solicitation, can be found at the EPA Solicitation Clauses. These provisions are important for applying to this solicitation and applicants must review them when preparing applications for this solicitation. If you are unable to access these provisions electronically at the website above, please contact the EPA point of contact listed in this solicitation (in Section VII: Agency Contacts) to obtain the provisions.

SECTION II. AWARD INFORMATION

A. What is the amount of available funding?

The EPA anticipates awarding a total of approximately $20,000,000 under this announcement, depending on the availability of funds, quality of applications received, and other applicable considerations.

The EPA reserves the right to reject all applications and make no awards. The EPA reserves the right to make additional awards under this solicitation, consistent with Agency policy and guidance, if additional funding becomes available after the original selections are made. Any additional selections for awards will be made no later than six months after the original selection decisions.

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

B. Funding Structure

The EPA anticipates awarding at least one award per EPA Region, depending on the quantity and quality of the applications received, and other applicable considerations. The minimum individual award is $100,000 and the maximum individual award is $1,500,000 for the grant period, which is up to three years. See Section II: Award Information, of this announcement for more information.

C. How many agreements will EPA award in this competition?

The EPA anticipates awarding approximately 20 assistance agreements, with at least one award per EPA

Region, depending on the quantity and quality of the applications. The minimum individual award is

$100,000 and the maximum individual award is $1,500,000 for the grant period, subject to the availability of funds and the quality of eligible applications received. Applicants may submit separate applications for one or more of the projects described in Section I.E: Scope of Work.

D. Type of Award

The EPA intends to award cooperative agreements under this solicitation. Cooperative agreements provide for substantial involvement between the EPA Project Officer and the selected applicant(s) in the performance of the work supported. Although the EPA will negotiate precise terms and conditions relating to substantial involvement as part of the award process, the anticipated substantial federal involvement for these projects may include:

• close monitoring of the successful applicant’s performance to verify the results proposed by the applicant;

• collaboration during performance of the scope of work;

• in accordance with 2 CFR Part 200.325, review of proposed procurement;

• review and approval of Quality Assurance Project Plans (QAPPs) and related documents, or verifying that appropriate Quality Assurance requirements have been met where quality assurance activities are being conducted pursuant to an EPA-approved Quality Assurance

Management Plan;

• approving qualifications of key personnel (the EPA will not select employees or contractors employed by the award recipient); and

• review and comment on reports prepared under the cooperative agreement (the final decision on the content of reports rests with the recipient).

The EPA does not have the authority to select employees or contractors employed by the recipient or subrecipients. The final decision on the content of reports rests with the recipient.

E. Will applications be partially funded?

In appropriate circumstances, the EPA reserves the right to partially fund applications by funding discrete portions or phases of proposed projects. If the EPA decides 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, and therefore maintains the integrity of the competition and selection process. Applicants may choose to decline partial funding.

F. What is the project period for awards resulting from this solicitation?

The estimated start date for projects resulting from this solicitation is March 2026. All project activities must be completed within the negotiated project performance period of up to three years.

G. Are pre-award costs allowable?

As provided in 2 CFR Part 1500.9 and 2 CFR Part 200.458 EPA may reimburse successful applicants for pre-award costs “. . . incurred directly pursuant to the negotiation and in anticipation of the Federal award where such costs are necessary for efficient and timely performance of the scope of work . . .”.

EPA interprets these provisions to limit allowable pre-award costs to those costs recipients incur after

EPA notifies recipients of selection for competitive funding. Recipients incur pre-award costs at their own risk.

SECTION III. ELIGIBILITY INFORMATION

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

A. Eligible Applicants

Under this announcement, applications will be accepted from:

• Federally Recognized Tribes,7 which include Alaskan Native Villages as defined in Public Law

92-203, and former Indian reservations in Oklahoma, as determined by the Secretary of the

Interior, and

• Intertribal consortia, consistent with the requirements in 40 CFR Part 35.504(a).

Intertribal consortia will be eligible to receive grants under this program only if the consortium demonstrates that all members of the consortium meet the eligibility requirements for the grant and authorize the consortium to apply for and receive assistance by submitting to EPA documentation of:

(1) the existence of the partnership between Indian Tribal governments, and

(2) authorization of the consortium by all its members to apply for and receive the grant.

Documentation can be in the form of letters signed by all member Tribes, approved by-laws that contain language that specifically address the eligibility requirements, and/or other forms of documentation approved by the EPA Point of Contact that adequately meet the eligibility requirements.

Political subdivisions of states and territories (municipalities, counties, etc.) are not eligible entities under this announcement, but are eligible entities under the SWIFR for Political Subdivisions of States and Territories8 funding opportunity. For more information, visit: EPA’s Solid Waste Infrastructure for

Recycling Grants for Communities webpage.

Individuals and for-profit organizations are not eligible entities under this solicitation but may participate in projects as contractors, program beneficiaries, or subrecipients for transactions that comply

7 https://www.federalregister.gov/documents/2021/01/29/2021-01606/indian-entities-recognized-by-and-eligible-to-receive-services-from-the-united-states-bureau-of 8 Please note that the EPA also refers to this type of grant under SWIFR as “SWIFR Grants for Communities.”

https://www.epa.gov/grants/epa-solicitation-clauses https://www.ecfr.gov/current/title-40/chapter-I/subchapter-B/part-35/subpart-B/subject-group-ECFR7560dab1b022383/section-35.504 https://www.epa.gov/rcra/grants-political-subdivisions https://www.epa.gov/rcra/grants-political-subdivisions https://www.federalregister.gov/documents/2021/01/29/2021-01606/indian-entities-recognized-by-and-eligible-to-receive-services-from-the-united-states-bureau-of https://www.federalregister.gov/documents/2021/01/29/2021-01606/indian-entities-recognized-by-and-eligible-to-receive-services-from-the-united-states-bureau-of with Appendix A of EPA’s Subaward Policy, such as a subaward for improvements to a for-profit firm’s recycling facility.

Nonprofits other than intertribal consortia are not eligible entities under this solicitation but may be program beneficiaries or subrecipients provided the transactions comply with applicable regulatory policy requirements. More information can be found in the EPA’s Subaward Policy and the EPA

Guidance on Participant Support Costs.

B. Cost Sharing

As provided in 2 CFR Part 200.1, cost sharing or matching means the portion of project costs not paid by Federal funds or contributions. Consistent with the authorizing statute in SOS 2.0 Section 302(a), cost sharing and matching funds are not required under this competition. As provided in 2 CFR

Part 200.1, voluntary committed cost sharing is when an applicant voluntarily proposes to legally commit to provide costs or contributions to support the project when a cost share is not required.

Applicants may not propose a voluntary committed cost share under this Notice of Funding Opportunity.

Applicants are to only include activities that EPA will fund in the workplan and costs for those activities in budgets. Voluntary committed cost share described in work plans or budgets will not be accepted by

EPA or evaluated. EPA may contact the applicant to identify the cost share component that will be disregarded during evaluation. If an application is submitted that includes voluntary committed cost share, that portion of the application will not be evaluated. If the voluntary cost share portion of the application is so integrated into the workplan it cannot feasibly be disregarded during evaluation, it may not be possible to evaluate the application for funding. Only Federal funds should be included in the SF-

424, SF-424A, and Budget Table and Description.

C. Threshold Eligibility Criteria

The following are requirements that if not met by the time of application submission, will result in elimination of the application from consideration for funding. Only applications from eligible applicants

(refer to Section III.A: Eligible Applicants of this NOFO) that meet all of these criteria will be evaluated against the ranking criteria in Section V: Application Review Information of this NOFO. If necessary, the

EPA may contact applicants to clarify their threshold eligibility prior to making eligibility determinations. Applicants deemed ineligible for funding consideration due to the threshold eligibility review will be notified within 15 calendar days of the ineligibility determination.

The threshold eligibility criteria are:

1. Applications must address at least one of the mandatory objectives described in Section I.E:

Scope of Work, of this announcement:

• Develop or update plans focused on improving post-consumer materials management such as source reduction (e.g., repair clinics, reuse centers), collection, storage, transportation, backhaul, recycling, and/or markets for recyclables;

• Establish, increase, or expand materials management infrastructure, such as facilities for reuse, recycling, or composting; collection and storage bins for recyclable or organic material, purchasing equipment or supplies such as scales, crushers, balers, and sorting equipment, trucks, forklifts, safety equipment)

• Establish or identify end-markets for the use of recycled materials; and/or https://www.epa.gov/sites/default/files/2020-11/documents/gpi-16-01-subaward-policy_app-a.pdf https://www.epa.gov/sites/default/files/2020-11/documents/gpi-16-01-subaward-policy_attachments.pdf https://www.epa.gov/grants/rain-2018-g05-r1 https://www.epa.gov/grants/rain-2018-g05-r1 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-A/subject-group-ECFR2a6a0087862fd2c/section-200.1 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-A/subject-group-ECFR2a6a0087862fd2c/section-200.1 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-A/subject-group-ECFR2a6a0087862fd2c/section-200.1

• Demonstrate an increase in the diversion, recycling rate, and/or quality of materials collected.

2. Applicants must be eligible, as described in Section III.A: Eligible Applicants. Intertribal consortia should pay particular attention to documentation requirements in Section III.A:

Eligible Applicants.

3. Federal funds requested must be between $100,000 and $1,500,000, inclusive. Applications requesting federal assistance funding below or in excess of this value will not be considered.

4. Funds awarded under this NOFO may not be used to carry out the same activities that are already funded or in the process of being funded under other EPA financial assistance programs such as the Indian General Assistance Program, Tribal Hazardous Waste Management Grant Program, and the Tribal Response Program Grants or financial assistance applicants receive from other

Federal agencies. Applicants must provide a statement that their proposed project(s) does not duplicate other Federally funded grants. Duplicate activities will not be considered for funding under this opportunity.

5. Applications must substantially comply with the application submission instructions and requirements set forth in Section IV: Application and Submission Information of this solicitation or else they will be rejected. However, where a page limit is expressed in Section IV: Application and Submission Information with respect to the application, or parts thereof, pages in excess of the page limitation will not be reviewed. Applicants are advised that readability is of paramount importance and should take precedence in application format, including selecting a legible font type and size for use in the application. Please note, the budget table and description are different than the SF-424A form. Both are required to be completed as part of the application.

6. In addition, initial applications must be submitted through Grants.gov as stated in Section IV:

Application and Submission Information of this solicitation (except in the limited circumstances where another mode of submission is specifically allowed for as explained in Section IV:

Application and Submission Information) on or before the application submission deadline published in Section IV: Application and Submission Information of this solicitation. Applicants are responsible for following the submission instructions in Section IV: Application and

Submission Information of this solicitation to ensure that their application is timely submitted.

Please note that applicants experiencing technical issues with submitting through

Grants.gov should follow the instructions provided in Section IV: Application and

Submission Information, which include both the requirement to contact Grants.gov and email a full application to EPA prior to the deadline.

7. Applications submitted outside of Grants.gov will be deemed ineligible without further consideration unless the applicant can clearly demonstrate that it was due to EPA mishandling or technical problems associated with Grants.gov or SAM.gov. An applicant’s failure to timely submit their application through Grants.gov because they did not timely or properly register in SAM.gov or Grants.gov will not be considered an acceptable reason to consider a submission outside of Grants.gov.

https://www.grants.gov/ https://sam.gov/content/home https://www.grants.gov/ https://sam.gov/content/home

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.

In addition, if necessary, the EPA may clarify threshold eligibility issues with applicants prior to making an eligibility determination.

Questions and answers will be posted on EPA's Solid Waste Infrastructure for Recycling Grants for

Tribes and Intertribal Consortia webpage.

D. Procurements

As will be provided in 2 CFR Part 200.317 that will be in effect after October 1, 2024, when procuring property and services under a federal award, a Tribe must follow the same policies and procedures it uses for procurements from its non-federal funds. The Tribes must comply with the Domestic preferences for procurement requirements in 2 CFR Part 200.332, the Procurement of recovered materials requirements of 2 CFR Part 200.323, and ensure that every purchase order or other contract includes any clauses required by the Contract Provisions of 2 CFR Part 200.326.

Additionally, Tribal procurements (including subcontracts) are subject to EPA rules on Participation by

Disadvantaged Business Enterprises in United States Environmental Protection Agency Programs in 40

CFR Part 33.304.

E. Ineligible Costs or Activities and Other Considerations

Prohibition on Use of Funds.

EPA funds can neither be used to design nor administer the collection of identical information from 10 or more parties (for example, through surveys or focus groups), and EPA personnel may not participate in such activities. Reasonable costs for analyzing and publishing the independently collected information are allowable to the extent authorized in the EPA approved budget for this agreement.

The following activities are not eligible for funding under this solicitation: constructing, improving or operating landfills; incineration; burn units; waste-to-energy (except anaerobic digestion); chemical and thermal recycling; biofuels; and environmental cleanup. Food preprocessing is only eligible when paired with recycling activities.

All costs must meet the requirements for allowability in 2 CFR Part 200, Subpart E, and applicable provisions of 2 CFR Part 1500.

As provided in 33 U.S.C. 4282(f), SWIFR cooperative agreement funding “. . . may not be used (directly or indirectly) as a source of payment (in whole or in part) of, or security for, an obligation the interest on which is excluded from gross income under section 103 of Title 26” of the United States Code. This provision relates to State and local government bonds.

Please note that if the activities listed in this section are included in the submitted application, EPA reserves the right to either not fund that portion of the project, or, depending on how much of the project involves ineligible activities, decline to fund the project under Threshold Criterion 1, above.

https://www.epa.gov/infrastructure/solid-waste-infrastructure-recycling-grants-tribes-and-intertribal-consortia https://www.epa.gov/infrastructure/solid-waste-infrastructure-recycling-grants-tribes-and-intertribal-consortia

SECTION IV. APPLICATION AND SUBMISSION INFORMATION

Note: Additional provisions that apply to this section can be found in the EPA Solicitation

Clauses.

A. Requirements to Submit through Grants.gov and Limited Exception Procedures

Applicants must apply electronically through Grants.gov under this funding opportunity based on the

Grants.gov instructions in this announcement. If your organization has no access to the internet or access is very limited, you may request an exception for the remainder of this calendar year by following the procedures outlined here. Please note that your request must be received at least 15 calendar days before the application due date to allow enough time to negotiate alternative submission methods. Issues with submissions with respect to this opportunity only are addressed in Section IV.C: Technical Issues with

Submission below.

B. Submission Instructions

1. SAM.gov (System for Award Management) Registration Instructions

Organizations applying to this funding opportunity must have an active SAM.gov registration.

If you have never done business with the Federal Government, you will need to register your organization in SAM.gov. If you do not have a SAM.gov account, then you will create an account using login.gov to complete your SAM.gov registration. SAM.gov registration is

FREE. The process for entity registrations includes obtaining Unique Entity ID (UEI), a 12-character alphanumeric ID assigned an entity by SAM.gov, and requires assertions, representations and certifications, and other information about your organization. Please review the Entity Registration Checklist for details on this process.

If you have done business with the Federal Government previously, you can check your entity status using your government issued UEI to determine if your registration is active. SAM.gov requires you renew your registration every 365 days to keep it active.

Please note that SAM.gov registration is different than obtaining a UEI only. Obtaining an UEI only validates your organization’s legal business name and address. Please review the Frequently Asked Question on the difference for additional details.

Organizations should ensure that their SAM.gov registration includes a current e-Business

(EBiz) point of contact name and email address. The EBiz point of contact is critical for

Grants.gov Registration and system functionality.

Contact the Federal Service Desk for help with your SAM.gov account, to resolve technical issues or chat with a help desk agent: (866) 606-8220. The Federal Service desk hours of operation are Monday – Friday 8am – 8pm ET.

2. Grants.gov Registration Instructions

Once your SAM.gov account is active, you must register in Grants.gov. Grants.gov will electronically receive your organization information, such as e-Business (EBiz) point of contact https://www.epa.gov/grants/epa-solicitation-clauses https://www.epa.gov/grants/epa-solicitation-clauses https://www.grants.gov/ https://www.grants.gov/ https://www.epa.gov/grants/exceptions-grantsgov-submission-requirement https://sam.gov/content/home https://sam.gov/content/home https://sam.gov/content/home https://login.gov/ https://sam.gov/content/home https://sam.gov/content/home https://sam.gov/content/home https://www.fsd.gov/sys_attachment.do?sys_id=51a2fa061b0bcd500ca4a97ae54bcb18 https://sam.gov/content/home https://sam.gov/content/home https://www.fsd.gov/gsafsd_sp?id=kb_article_view&sysparm_article=KB0051214&sys_kb_id=dd40f4ef1b9641d0937fa64ce54bcb7a&spa=1 https://sam.gov/content/home https://www.fsd.gov/gsafsd_sp email address and UEI. Organizations applying to this funding opportunity must have an active

Grants.gov registration. Grants.gov registration is FREE. If you have never applied for a federal grant before, please review the Grants.gov Applicant Registration instructions. As part of the

Grants.gov registration process, the EBiz point of contact is the only person that can affiliate and assign applicant roles to members of an organization. In addition, at least one person must be assigned as an Authorized Organization Representative (AOR). Only person(s) with the AOR role can submit applications in Grants.gov. Please review the Intro to Grants.gov-Understanding

User Roles and Learning Workspace – User Roles and Workspace Actions for details on this important process.

Please note that this process can take a month or more for new registrants. Applicants must ensure that all registration requirements are met in order to apply for this opportunity through

Grants.gov and should ensure that all such requirements have been met well…