EPA R10 Contaminated ANCSA Program Guidance - Final July 2026.pdf

United States Environmental Protection Agency Region 10

Contaminated Alaska Native Claims Settlement Act

Lands Assistance Program July 2026

APPLICATION DEADLINE: Rolling Basis

FUNDING OPPORTUNITY NUMBER: EPA-OLEM-R10-NC-24-01

ASSISTANCE LISTING NUMBER: 66.965

United States Environmental Protection Agency Region 10

Table of Contents

I. BACKGROUND

A. HISTORY

B. PROGRAM PURPOSE AND OBJECTIVES

C. CONGRESSIONAL SUPPORT

D. AUTHORITY

E. STATE OF ALASKA REGULATIONS AND OVERSIGHT

F. FUNDING DETAILS

G. PERIOD OF PERFORMANCE

II. ELIGIBILITY

A. APPLICANT AND SITE ELIGIBILTY

1. Eligible Entities

2. Eligible Contaminants

3. Eligible Contaminated Sites

B. CONTAMINATED ANCSA SITES INVENTORY

C. ALLOWABLE ACTIVITIES

1. Community Engagement

2. Site Assessment

3. Site Cleanup

4. Environmental and Regulatory Compliance

5. Grant Management Administrative Activities and Costs

D. INELIGIBLE USE OF FUNDS

III. FUNDING PRIORITIES……………………………………………………………………………………………………………………………………….… 14

Land Ownership Contamination Current Recipients Regional Priorities

IV. ADMINISTRATIVE AND FINANCIAL MANAGEMENT SYSTEMS

V. FUNDING REQUESTS AND APPLICATION SUBMISSION

A. Required Elements: ALL APPLICANTS

1. Narrative Description

2. Workplan Components or Tasks

3. Detailed Budget

B. Required Elements: CURRENT OR RETURNING RECIPIENTS Programmatic Capability

C. PROCUREMENT AND CONFLICTS OF INTEREST..……………………………………………………….………………………………………… 22

D. OTHER APPLICATION REQUIREMENTS

Grants.gov SAM.gov

VI. TERMS AND CONDITIONS

A. SUBSTANTIAL INVOLVEMENT

B. QUALITY ASSURANCE PROJECT PLAN (QAPP)

VII. PROGRAM SUPPORT AND TECHNICAL ASSISTANCE

I. BACKGROUND

A. HISTORY

The Alaska Native Claims Settlement Act (ANCSA) was enacted in 1971 to settle aboriginal claims to public lands through the conveyance of 44 million acres of land to Alaska Native regional and village corporations. Some of the lands promised and conveyed to corporations pursuant to the settlement in ANCSA were contaminated with substances such as metals, pesticides, asbestos, polychlorinated biphenyls (PCBs), and petroleum products. These contaminants pose health risks and other concerns to Alaska Natives and communities, some in quantities above state and federal clean-up levels which negatively impact subsistence resources— hampering cultural, social, and economic activities.

B. PROGRAM PURPOSE AND OBJECTIVES

Congress appropriated funding for EPA to establish the Contaminated ANCSA Lands Assistance Program to assist eligible entities in Alaska with addressing contamination on lands conveyed pursuant to ANCSA.

The EPA developed and continues to maintain an inventory of sites, which is accessible through EPA’s Contaminated ANCSA Sites Common Operating Picture. Information on EPA’s program related to cleaning up contaminated lands conveyed pursuant to ANCSA, including the Common Operating Picture and a Story Map are available on the EPA Region 10 Contamination on ANCSA Conveyed Lands website.

The objectives are to provide funding to:

• characterize, assess, and conduct planning and community involvement activities related to these lands, and

• carry out cleanup activities at ANCSA sites contaminated at the time of conveyance.

C. CONGRESSIONAL SUPPORT

The federal fiscal year 2023 (FY23) Consolidated Appropriation Act included language as follows, which established EPA’s Contaminated ANCSA Lands Assistance Program. Since FY23 additional funding has been appropriated annually. The FY23 language stated:

“…$20,000,000, to remain available until expended, shall be for grants, including grants that may be awarded on a non-competitive basis, inter agency agreements, and associated program support costs to establish and implement a program to assist Alaska Native Regional Corporations, Alaskan Native Village Corporations, federally-recognized tribes in Alaska, Alaska Native Non-Profit Organizations and Alaska Native Nonprofit Associations, and intertribal consortia comprised of Alaskan tribal entities to address contamination on lands conveyed under or pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) that were or are contaminated at the time of conveyance and are on an inventory of such lands developed and maintained by the Environmental Protection Agency: Provided, That grants awarded using funds made available in this paragraph may be used https://experience.arcgis.com/experience/51479962643a49368433f43204d493e3 https://www.epa.gov/r10-tribal/contamination-ancsa-conveyed-lands by a recipient to supplement other funds provided by the Environmental Protection Agency through individual media or multi-media grants or cooperative agreements: Provided further, That of the amounts made available in this paragraph, in addition to amounts otherwise available for such purposes, the Environmental Protection Agency may reserve up to $2,000,000 for salaries, expenses, and administration.

Furthermore, language from the Joint Explanatory Statement released by Congress states that:

Alaska Contaminated Sites: The Committees recognize the injustice done to Alaska Natives when in return for settling their aboriginal rights to land under the Alaska Native Claims Settlement Act, the Federal Government conveyed to them thousands of contaminated sites which to-date largely remain contaminated because of Federal inaction. This enduring environmental injustice poses a significant threat to human health and the environment, including to drinking water sources, homes, schools, and more.

The agreement provides $20,000,000 for the inventory, verification, assessment, and remediation of these contaminated sites, as well as related community outreach and involvement. The Committees recognize that neither the State of Alaska nor the Agency are responsible for the contamination. The Committees thank Agency leadership for its recent attention to and work on this issue and look forward to continuing their close working relationship with the Agency in finding solutions to this longstanding. environmental injustice.

D. AUTHORITY

The federal fiscal year 2023 Consolidated Appropriations Act established the EPA’s Contaminated ANCSA Lands Assistance Program and the authority governing program eligibility. Funding is awarded through a cooperative agreement between EPA and the eligible entity1. Subsequent appropriations in FY24, FY25, and FY26 have continued to allocate funds and authorize this program.

The program administers cooperative agreements in accordance with the terms and conditions of the award, as well as regulations found in the Code of Federal Regulations (CFR) at 2 CFR 200, 2 CFR 1500, and certain provisions at 40 CFR 35 Subparts A and B.

The Contaminated ANCSA Lands Assistance Program aligns with EPA’s proposed Strategic Plan 2026-2030, Goal 1: “Provide Clean Air, Land, and Water for Every American” and Goal 3: “Advance Permitting Reform, Cooperative Federalism, and Cross-Agency Partnership.”

1 A cooperative agreement is an assistance agreement used when there is substantial federal involvement throughout the performance of the project.

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

E. STATE OF ALASKA REGULATIONS AND OVERSIGHT

Contaminated ANCSA Lands Assistance projects will be implemented to meet state site cleanup rules, which can be found in 18 Alaska Administrative Code (AAC) 75.325-390.

These regulations detail the requirements for conducting site characterization activities, determining cleanup levels, and performing cleanup work to achieve a “cleanup complete” determination by the ADEC. As the state environmental authority, Alaska Department of Environmental Conservation (ADEC) provides oversight and technical assistance from the application period through site closure.

To ensure projects are developed in accordance with relevant regulations, guidance, and processes, EPA, ADEC (and other federal and state agencies) will collaborate with applicants to ensure compliance with all applicable federal and state laws pertaining to the characterization of hazardous contamination in the environment and site cleanup regulations. This collaborative engagement will continue throughout site cleanup to ensure projects are conducted consistently with state cleanup regulations — with the goal of attaining site closure, as determined by ADEC. ADEC may conduct site inspections during the fieldwork.

ADEC’s cleanup process is outlined in a fact sheet. The steps are summarized as follows:

1. Prepare an ADEC approved Site Characterization or Site Cleanup Work Plan.

The site characterization work plan describes who will do the work, how the sampling and analyses that will be conducted or how the site will be cleaned up, how generated wastes will be treated or disposed of properly, and a schedule for conducting the work.

2. A final cleanup report is completed for ADEC after all cleanup activities are completed.

3. ADEC issues a “Cleanup Complete” determination when contamination is cleaned up to meet the State’s strictest regulatory cleanup levels. These levels are considered protective of unrestricted residential land use, where people living on the land could have the longest time of exposure.

Sites denoted on the Contaminated ANCSA Sites Common Operating Picture Sites Inventory (Inventory) as “Cleanup Complete” may be eligible for further assessment and/or cleanup if entities have remaining contamination concerns2.

2“Cleanup Complete” is a general term used to describe similar cleanup status across several federal and state agencies. “Cleanup Complete” status for sites on the Inventory generally aligns with ADEC’s determination of Cleanup Complete. See page 9 for more details concerning EPA’s Common Operating Picture and Contaminated ANCSA Lands Inventory.

https://dec.alaska.gov/spar/csp/faq/cleanup-process https://dec.alaska.gov/media/14656/cleanup-process.pdf

F. FUNDING DETAILS

The amount of funding available per project is expected to range from $1M to $8M, depending on agency funding levels, agency priorities, and other applicable programmatic considerations. Awards funded under this opportunity are expected to have a project period of 5 years. EPA reserves the right to partially fund requests by funding discrete portions or phases of proposed projects.

For any funding requests over $3M, applicants must provide documentation of cleanup options and cost estimates or similar by the time of final application. For all proposed cleanup projects, we recommend completion of a written Phase II environmental site assessment report (draft report is sufficient). Equivalent reports may include site investigations or remedial action plans.

If cleanup alternatives and cost estimates are not specifically known, please discuss with EPA in advance of submitting a funding request, as they may be developed as part of a cooperative agreement. Planning for cleanup activities such as developing a Phase II environmental site assessment report and/or equivalent cleanup options and cost estimates are allowable activities. Tools to develop these options may be akin to an EPA Analysis of Brownfields Cleanup Alternatives (ABCA) or Native American Lands Environmental Mitigation Program’s Strategic Project Implementation Plan (SPIP) or equivalent.

It is possible that applicants may have several sites of interest in their region and therefore may receive and concurrently manage more than one cooperative agreement. Eligible entities who have multiple eligible sites in their region may consider developing a regional sites prioritization as part of an assessment proposal, as long as the focus is on prioritizing eligible sites to the program (see details in Section II. Eligibility). Applicants may develop future funding proposals for new cooperative agreements to cover different aspects or subsequent project phases (as needed and funding available).

EPA intends to award funds until all available funding is obligated. At EPA’s discretion, funding may be awarded incrementally as needed or based upon funds available, subject to congressional appropriations and program priorities.

No matching funds are required. Eligible entities receiving other federal funding to support contaminated lands assessment and/or cleanup are eligible for additional assistance under this EPA program, as long as the eligibility requirements are satisfied.

G. PERIOD OF PERFORMANCE

EPA will accept and review proposals on a rolling basis for a maximum performance period of up to 5 years. Cooperative agreements will be awarded for start dates on either federal fiscal year or calendar year — October 1 or January 1.

We strongly encourage proposal submissions at least six months in advance of the anticipated start date.

https://www.epa.gov/brownfields/programmatic-requirements-brownfield-grants#environ https://www.denix.osd.mil/na/nalemp/ https://www.denix.osd.mil/na/nalemp/

EPA Region 10 project officers will determine with the applicant the appropriate project period for each cooperative agreement. Cooperative agreements may be awarded for multiple years depending on type and complexity of the project.

As you develop a proposal, please assume that your project’s first field season may occur approximately one year from its award start date. Also factor in that some projects are complex, and site characterization or assessment activities can take multiple years to fully delineate the nature and extent of contamination; and similarly, cleanup projects may require multiple field seasons due to project complexity or logistics associated with environmental work in rural Alaska (i.e. barge schedule and/or limited field season).

II. ELIGIBILITY

A. APPLICANT AND SITE ELIGIBILTY

EPA will award funding for site assessment and cleanup projects provided there is a reasonable basis to conclude it was contaminated at the time of conveyance. To make the determination applicants must be able to demonstrate the following:

(1) site was conveyed pursuant to ANCSA,

(2) site was contaminated by hazardous or toxic substances, pollutants, contaminants, or petroleum at the time of conveyance3, and

(3) site is recorded as Verified - Eligible on the EPA Contaminated ANCSA Sites Inventory.

Applicants must meet legal requirements, funding priorities, and demonstrate programmatic and administrative capabilities before a cooperative agreement is awarded.

3 The 2018 Brownfields Utilization, Investment, and Local Development (BUILD) Act amended CERCLA to provide liability relief for Alaska Native Corporations (ANCs), protecting them from cleanup liability for contamination on lands conveyed under ANCSA. The law stipulates that ANCs are not liable for hazardous substances existing on land at the time of conveyance, provided they did not cause or contribute to the contamination.

For Fiscal Year Start Date on October 1

Submit proposal by April 1

For Calendar Year Start Date on January 1

Submit proposal by July 1

1. Eligible Entities The following entities have been identified as eligible for EPA Contaminated ANCSA Lands Assistance Program funding4:

• Federally Recognized Tribes in Alaska

• Alaska Native Regional Corporations

• Alaskan Native Village Corporations

• Intertribal Consortia comprised of Alaskan Tribal Entities

• Alaska Native Nonprofit Associations

• Alaska Native Non-Profit Organizations

2. Eligible Contaminants Contamination resulting from federal or related activities from petroleum, as defined by 18 AAC 75, as well as hazardous substances, pollutants, or contaminants, as defined by the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), at the time of conveyance.

Congress explicitly created this program to address pre-conveyance contamination.

Solid waste is generally ineligible for funding under this program5. However, limited eligibility may apply when the solid waste is documented to be from pre-conveyance use and is demonstrated to be

(1) an eligible contaminant holding container (gas cans, drums, tanks, creosote timber pilings), or

(2) substantially comingled or mixed with petroleum or CERCLA hazardous substances, pollutants, or contaminants, and

(3) if buried, well documented and constrained (e.g. disposal cells).

In such cases, only investigation or removal activities directly associated with the contaminant-bearing materials may be considered as a first step in the process.

3. Eligible Contaminated Sites

(1) must be located on lands that were conveyed pursuant to ANCSA (43 U.S.C. 1601 et seq.) or ANILCA Sec. 1302(h), and contaminated at the time of conveyance;

(2) must be contaminated by eligible site contaminants as noted above; and

(3) must be listed as Verified - Eligible on EPA’s Contaminated ANCSA Sites Inventory.

4Indian Tribal Government and Intertribal Consortium are defined in 40 CFR Parts 35.502 and 35.504. An intertribal consortium is defined as a partnership between two or more Tribes authorized by the governing body of those Tribes to apply for and receive assistance under one or more of the programs listed in 40 CFR Part

35.501. Consolidated Appropriations Act, 2023 establishes eligible entities.

5 Eligibility determinations for mixed or comingled solid waste (such as post-conveyance solid waste mixed with hazardous pre-conveyance waste) will be made on a case-by-case basis and must be supported by adequate evidence, necessary to distinguish contaminant sources and locations. This provision does not extend eligibility to general landfills or disposal-site remediation, nor does it supersede the program’s requirements for demonstrating pre-conveyance contamination.

https://dec.alaska.gov/media/533hr3p0/18-aac-75.pdf https://www.epa.gov/epcra/cercla-hazardous-substances-defined https://www.epa.gov/epcra/cercla-hazardous-substances-defined https://experience.arcgis.com/experience/51479962643a49368433f43204d493e3 https://www.congress.gov/117/bills/hr2617/BILLS-117hr2617enr.pdf

EPA will not fund activities that duplicate the work efforts or authorities of other federally funded clean-up programs — including but not limited to the Formerly Used Defense Sites Program and/or the Native American Lands Environmental Mitigation Program. Applicants may be asked to affirm that there is no other funding available to address their site(s) proposed for assessment or cleanup under the EPA’s Contaminated ANCSA Lands Assistance Program.

B. CONTAMINATED ANCSA SITES INVENTORY

The Common Operating Picture (COP) is a GIS-based interactive viewer that provides access to view sites in the Contaminated ANCSA Sites Inventory.

Instructions for using the EPA’s Contaminated Sites Inventory Common Operating Picture are available in a Quick Start User Guide or a Full User Guide on the EPA’s Contaminated ANCSA Sites Common Operating Picture.

To get started with the application process, please check the EPA’s Contaminated ANCSA Sites Inventory on the Common Operating Picture to determine whether the site is included and whether it has been Verified - Eligible6.

If the site is not included in the Inventory, then the applicant must Submit a New Site.

After a new site is submitted, the submitter will receive a confirmation

6 Verified - Eligible status indicates that EPA reviewed that site documentation meets the eligibility criteria that the site is located on ANCSA conveyed land, the site is contaminated, and the site was contaminated at the time of conveyance.

https://www.usace.army.mil/Missions/Environmental/Formerly-Used-Defense-Sites/ https://www.usace.army.mil/Missions/Environmental/Formerly-Used-Defense-Sites/ https://www.denix.osd.mil/na/nalemp/ https://experience.arcgis.com/experience/51479962643a49368433f43204d493e3 https://experience.arcgis.com/experience/51479962643a49368433f43204d493e3 https://experience.arcgis.com/experience/51479962643a49368433f43204d493e3/page/Submit-New-Site/ email. It will then be listed on the Proposed ANCSA Sites Layer of the EPA’s Common Operating Picture until the ANCSA land conveyance is verified.

If the site is on the inventory, but is not yet Verified, the applicant is encouraged to share site verification priorities with EPA and ADEC, so they can include them in their field work or review schedule.

Please note that it may take several months or longer (up to one year in cases where field work is necessary) to complete the verification process. The process may include a site visit and/or document review months in advance.

Once sites are considered Verified – Eligible, then please notify EPA and ADEC of your intent to submit a proposal. EPA and ADEC will plan a project scoping meeting with interested applicants to review the work being considered under the ANCSA program, help determine project goals, and determine key milestones and regulatory authorities which will be important for successful implementation.

For technical questions about use of the Contaminated ANCSA Sites Inventory, and/or for assistance or about site verification, please send an email to ANCSAInventory@epa.gov.

C. ALLOWABLE ACTIVITIES

The legislative authority for this program allows for the following activities.

Contaminated ANCSA Lands Assistance Agreements may be used in combination with other eligible grants and cooperative agreements to fulfill goals.

As applicants develop proposal ideas, you are welcome and encouraged to contact EPA, as well as our technical support providers as described in Section VII. Program Support and Technical Assistance.

1. Community Engagement EPA recognizes that effective community engagement is vital to working with Alaska Native communities and ensuring engagement. A community engagement plan and a community liaison can serve as a key resource to ensure community goals and interests are reflected in the assessment, planning, and cleanup of eligible ANCSA sites.

Recipients may use a portion of an assistance agreement for community engagement activities and/or development of a culturally sensitive protocol for project implementation. These activities must be included in the funding request and workplan proposal.

2. Site Assessment Recipients may use funds to plan and conduct assessments for the purpose of preparing the contaminated site for cleanup. Assessment activities should be in accordance with State of Alaska assessment regulations and guidance. Below is a https://experience.arcgis.com/experience/51479962643a49368433f43204d493e3/page/Proposed/ mailto:ANCSAInventory@epa.gov non-exhaustive list of example allowable site assessment tasks.

• Activities that enable the scoping of an assessment/site characterization and conduct environmental sampling and laboratory analysis to determine the extent of contamination.

• Reviewing historic records of the site to inform the assessment approach, akin to EPA Brownfields Phase I Environmental Site Assessment or CERCLA Preliminary Assessment (which may be done in coordination with Alaska Department of Environmental Conservation and/or other technical assistance providers).

• Procuring contract services to conduct sample collection activities in support of site assessments/site characterization, and/or site cleanup.

• Conducting hazardous building materials survey.

• Developing required plans associated with projects involving data collection such as a Health and Safety Plan, Quality Management Program, Quality Assurance Project Plan and/or Sampling Plan, which must be completed prior to conducting any environmental sampling and analysis.

• Submitting site samples for analysis with an ADEC approved accredited laboratory.

• Transporting and disposing of investigation derived wastes generated during sampling activities in accordance with State of Alaska regulations.

• Develop reports that summarize field activities for ADEC approval.

• Planning for cleanup activities such as Phase II environmental site assessment work plan and report, and/or equivalent evaluation of cleanup alternatives and/or cleanup cost estimates (i.e. similar to Analysis of Brownfields Cleanup Alternatives or NALEMP’s Strategic Project Implementation Plan).

• Planning and conducting full demobilization of project personnel, equipment, and supplies.

In most cases, assessment activities are necessary to fully characterize the nature and extent of contamination and must be completed before a cleanup plan can be developed.

There may be circumstances when cleanup activities can be completed concurrently with site assessment activities. For example, large projects may seek ADEC approval of a Contaminated Media Management Plan (CMMP) in order to carry out construction activities while meeting site cleanup requirements. Early coordination with ADEC when outlining a project’s scope will help identify assessment/cleanup options and how they align with project goals.

For information on assessment phases to verify and determine the level of contamination, on page 5 and/or visit the following websites:

EPA’s Brownfields Assessing Brownfield Sites Fact Sheet ADEC’s Contaminated Sites Cleanup Process https://www.epa.gov/sites/default/files/2020-07/documents/assessing_brownfield_sites.pdf

3. Site Cleanup After assessment activities have been completed, recipients may plan and conduct the cleanup of the contaminated site. Below is a non-exhaustive list of example allowable cleanup activities.

• Developing a site cleanup approach and documenting the approach in an ADEC

Site Cleanup Workplan.

• Conducting cleanup activities such as contaminated material removal, installation of contaminated media containment caps, transportation and disposal, sampling, occupational health and safety monitoring, or other environmental remedial related activities (including procurement of contract services to conduct such activities).

• Conducting environmental confirmation sampling post-cleanup to determine if further action is required — and if necessary, planning for next phase of site cleanup.

• Developing a report documenting removal and cleanup activities.

• Engaging with ADEC to achieve site objectives to achieve “Cleanup Complete” or “Institutional Controls”.

• Planning and conducting full demobilization of project personnel, equipment, and supplies.

• Developing a success story.

4. Environmental and Regulatory Compliance EPA is responsible for compliance with several environmental regulations, such as the National Environmental Policy Act (NEPA) and others7.

Recipients may need to provide information to support this process, such as site information on the potential environmental impact of addressing site contamination, typically provided in an Environmental Information Document (EID).

Provided the action fits within an eligible category, no extraordinary circumstances are present, some site-specific actions such as monitoring and sample collection wherein no significant alteration of existing ambient conditions occurs, may be eligible for categorical exclusion under EPA’s NEPA procedures listed in 40 CFR § 6.204.

Conversely, for larger or complex projects EPA may find it necessary to develop supplemental NEPA reviews such as an Environmental Assessment and mitigation

7 Projects funded under this program may trigger compliance with federal statutes and executive orders, including but not limited to Endangered Species Act (16 U.S.C. §§ 1531-1544 ) and Marine Mammal Protection Act (16 U.S.C. §§ 1361-1423h ) for activities near sensitive habitats or species; National Historic Preservation Act (54 U.S.C. §§ 300101-320303 ) for cultural resource considerations; Magnuson-Stevens Fishery Conservation and Management Act (16 USC §§ 1801-1891d) for Essential Fish Habitat consultations; Migratory Bird Treaty Act of 1918 (16 U.S.C. §§ 703-712) for protection of migratory birds. State-level requirements include compliance with Alaska Department of Environmental Conservation regulations for oil and hazardous substances (18 AAC 75) and applicable cleanup standards.

https://www.ecfr.gov/current/title-40/chapter-I/subchapter-A/part-6/subpart-B/section-6.204 https://www.ecfr.gov/current/title-40/chapter-I/subchapter-A/part-6/subpart-B/section-6.204 measures to alleviate the analyzed impacts to issue a Finding of No Significant Impact or an Environmental Impact Statement and publish a Record of Decision.

Recipients may use their cooperative agreement to prepare these reviews or documentation. EPA may also provide direct technical assistance to recipients. EPA Region 10 plans to issue a Programmatic Environmental Assessment (EA) aimed at supporting recipient environmental compliance reviews.

At completion of a project, once site characterization and cleanup are completed, ADEC will review the site for closure. If regulatory compliance with state cleanup rules have been satisfied as outlined in 18 AAC 75.380, ADEC will issue a site closure determination.

5. Grant Management Administrative Activities and Costs Other activities and costs that may be eligible for EPA funding are those associated with program management or oversight of the cooperative agreement, which may include the following:

• documenting achievement of grant outputs (i.e., deliverables), outcomes, and accomplishments;

• timely submission of reports to the EPA project officer;

• monitoring of workplan tasks and associated drawdowns of funding;

• coordination with relevant accounting and finance offices to ensure regular financial oversight; and/or

• communications with EPA project officer.

• Submission to EPA of final deliverables and reports upon completion of project and budget period. Details on grant closeouts are available on EPA’s Tribal Grant Closeouts in Region 10 webpage and are outlined in the terms and conditions of the cooperative agreement.

Alaska Statute requires that ADEC seeks reimbursement for certain activities including regulatory oversight, usually billed as staff time reviewing and approving assessment and cleanup plans and reports. ADEC will seek cost recovery for these activities from the EPA ANCSA cooperative agreement recipient. Recipients may include costs in their detailed budget worksheet, as they will be billed by ADEC during the project period.

ADEC can provide a general estimate for budget planning purposes.

A recipient may use funds to issue subawards to other eligible entities. For more information, please refer to EPA’s Subaward Policy Additional Resources website.

D. INELIGIBLE USE OF FUNDS

Below are illustrative examples of ineligible uses of cooperative agreement funds (this list may not be all inclusive).

• Construction costs not associated with site cleanup, remediation, mitigation, or monitoring activities.

• Purchasing land.

https://dec.alaska.gov/media/0xtprpvi/site-closure-memo.pdf https://www.epa.gov/r10-tribal/tribal-grant-closeouts-region-10 https://www.epa.gov/r10-tribal/tribal-grant-closeouts-region-10 https://dec.alaska.gov/spar/csp/faq/cost-recovery/ https://www.epa.gov/grants/epa-subaward-policy-additional-resources

• Paying penalties or fines.

• Using grant funds for federal cost share requirements.

• Assessment or cleanup of sites other than those contaminated at the time of conveyance under ANCSA (and identified as eligible on the ANCSA Inventory).

• Any prohibited or restricted activities as part of the EPA General Terms and

Conditions (e.g., interest on borrowed funds, lobbying or litigation).

III. FUNDING PRIORITIES

EPA’s Contaminated ANCSA Lands Assistance Program is administered non-competitively.

Funding amounts and availability may be affected by appropriations EPA receives from Congress as well as the number of new applications received.

If the site you wish to address already has an active site assessment or remediation effort underway through a federal agency cleanup program, we encourage the entity to continue to work with that program8, however, if there are unique or specific circumstances, please discuss with EPA.

EPA may prioritize sites for funding utilizing the below factors.

Land Ownership — The land or site(s) is owned by the applicant, or the applicant has the unambiguous right of access to a site known to be contaminated at the time of conveyance - and is Verified - Eligible on EPA’s Contaminated ANCSA Sites Inventory for purposes of completing assessment or cleanup projects under the EPA cooperative agreement.

Contamination — EPA is prioritizing funding projects that address contamination resulting from petroleum as well as hazardous substances, pollutants, and/or contaminants as defined by the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) at the time of conveyance.

EPA is not prioritizing solid waste or environmentally stable disposal sites.

Differentiating between pre- and post-conveyance contamination within buried waste materials is especially challenging and cost prohibitive.

Current Recipients —

Priority may be given to current cooperative agreement recipients for new projects and/or for supplemental funding to support already existing efforts, as long as recipients have a demonstrated record of achieving outputs and outcomes, including the following:

8 EPA may prioritize Contaminated ANCSA Lands Assistance Program funding for award when there is no assigned responsible agency; no source of federal or state site assessment or cleanup funding available; and/or no viable responsible party. EPA believes Congress intended this program to help address sites not already in another agency’s cleanup program.

https://www.epa.gov/grants/grant-terms-and-conditions#general https://www.epa.gov/grants/grant-terms-and-conditions#general https://experience.arcgis.com/experience/51479962643a49368433f43204d493e3 https://www.epa.gov/superfund/superfund-cercla-overview https://www.epa.gov/superfund/superfund-cercla-overview

a) timely submission of progress reports and deliverables;

b) regularly drawing down funds for expenses related to the cooperative agreement; and

c) meeting all other cooperative agreement terms and conditions including fulfilling closeout requirements.

Regional Priorities —

Priority may be given to applicants with a documented rationale that elevates specific sites in their region or community. Further, EPA may prioritize projects across Alaska’s various regions and entities.

IV. Administrative and Financial Management Systems Before submitting or developing a funding proposal, eligible entities must be able to manage federal funds and ensure internal organizational systems are in place to effectively complete workplan tasks. The basic requirements for financial management systems and internal controls of grant recipients are described in 2 CFR 200.302 and 200.303.

Grant recipients must have administrative and financial management systems in place that provide internal controls and help the organization prepare reports required by the terms and conditions of their award. The systems must be capable of tracking grant funds to adequately establish that the funds have been used according to federal statutes, regulations, and terms and conditions of the award. Non-profit organizations may be required to complete EPA Form 6600-09 Administrative Capability Questionnaire.

Before receiving an EPA grant award, all organizations should have written policies and procedures in place for the following:

• Financial Management Systems and Internal Controls

• Property Management and Procurement

• Personnel and Travel Management

For more information on administrative and financial management system requirements, including online training, visit the EPA Grants Required Training website.

V. Funding Requests and Application Submission Contaminated ANCSA Lands Assistance Program is non-competitive funding source. Interested eligible entities are encouraged to talk with the EPA Contaminated ANCSA Lands Assistance Program prior to submission to discuss the site(s) and proposed project. In advance of submitting a proposal to EPA, ADEC and ANTHC are also available for proposal development technical assistance — see Section VII. Program Support and Technical Assistance.

Project officers will begin working with applicants upon receipt of proposals. Proposals must include a workplan narrative, workplan components, and detailed budget.

https://www.ecfr.gov/cgi-bin/text-idx?SID=00e50828a9161990162941dac9138658&mc=true&node=se2.1.200_1302&rgn=div8 https://www.ecfr.gov/cgi-bin/text-idx?SID=a32963af34d3c94b854882a21e8d77e9&mc=true&node=se2.1.200_1303&rgn=div8 https://www.epa.gov/system/files/documents/2021-08/epa_form_6600_09.pdf https://www.epa.gov/grants/required-training

The proposal review or negotiations process is intended to ensure the proposed workplans and budgets are consistent with grant requirements and regulations — and to refine the budget to best align with project tasks, outputs, and final deliverables. EPA project officers review and negotiate funding requests, ADEC will also review project scope, and then applicants will receive instructions from EPA to submit the final application in Grants.gov.

Eligible applicants may submit multiple funding requests. It may be possible for more than one award to be made per eligible entity.

If the applicant is not the owner of the contaminated site(s), they must provide documentation that the owner will provide access to the site and supports taking action to address contamination.

Initial funding requests must be emailed to the EPA Region 10 project officer. Contact information is available on EPA’s Contaminated ANCSA Lands Assistance Program website.

A. Required Elements: All Applicants Required elements include the submission of a narrative description of the proposed project, workplan components describing the activities to take place, and a detailed budget. All three elements must be sent to EPA project officers for review.

To assist in the development of funding requests, optional proposal development templates and resources are available on EPA’s Contaminated ANCSA Lands Assistance Program website. Use of EPA’s optional templates is not required.

1. Narrative Description A written description should include the following information.

a) Title of project or site.

b) Project goal.

c) Site and land ownership.

The site must be Verified – Eligible on the EPA’s Contaminated ANCSA Sites Inventory. Please list the ANCSA ID from the Inventory. If the site is a large complex or a site that is part of a “cluster”, you may be asked to submit each “subsite” individually.

Note that if the applicant is not the owner of the contaminated site(s), then provide description and/or documentation that the landowner will provide access to the site and supports taking action to address contamination.

d) Background summary of applicant’s location, history, culture, and any other relevant information.

https://www.epa.gov/r10-tribal/contaminated-ancsa-lands-assistance-program

e) Community engagement with shareholders, tribal members, and/or local community members, tribal governments, village or regional corporations, and others as appropriate.

f) High‐priority environmental and/or human health issues that affect the community and/or applicant.

g) Environmental assessment or cleanup efforts to date, including any data collection, sampling, and/or analysis.

h) Other federal funding or grants the entity is also managing which may be active at the same time as the EPA Contaminated ANCSA Lands Assistance Program cooperative agreement.

i) An organizational chart may help to understand organizational structure.

j) Consortia, non-profit organizations, Tribes, or Alaska Native corporations (ANC’s) who are collaborating with multiple entities and/or communities or on behalf of the landowner:

• Provide a statement that the proposed work is essential to member tribes and/or Alaska Native Corporation shareholders beyond what individual tribal governments or ANCs would be able to conduct for implementing planning, assessment, and/or cleanup activities.

• Include a description of communication protocols between the landowner and other relevant entities for site assessment or cleanup activities.

• Applicants may be asked to provide documentation from the landowner or entity for whom you are proposing to perform activities. This could be in the form of a letter of support, tribal council resolution(s), Memorandum of Agreement or Understanding, Site Access Agreement etc.

2. Workplan Components or Tasks In addition to a workplan narrative description, in accordance with 40 CFR Part 35, the funding request work plan must include a description of the specific activities in a detailed description of each component to be accomplished.

The description must include the following details.

a. Expected environmental outputs and outcomes.

b. Staff time estimated to complete projects (based on full-time equivalency).

c. Estimated work years and estimated funding amount to complete each component.

d. Work plan commitments (tasks) for each component.

e. Estimated timeframes to complete accomplishments.

f. A performance evaluation process and reporting schedule in accordance with 40 CFR Part 35.515 (i.e., quarterly or semi-annual, and final performance reports).

g. The roles and responsibilities of the recipient and the EPA in carrying out work plan commitments.

Applicants may use the optional sample format as shown in the table below. Optional workplan templates are available by contacting the EPA Contaminated ANCSA Lands Assistance Program.

Below are definitions of the required elements associated with workplan development.

EPA defines a workplan as the document which identifies how and when the applicant will use funds from grants and is the basis for management and evaluation of performance.

Workplan activities should be organized by components (i.e., Program Management, Community Engagement, Assessment, and/or Clean Up). Components are defined as a negotiated set or group of work plan commitments established in the grant agreement. A work plan may have one or more work plan components.

Workplan commitments are the outputs and outcomes associated with each work plan component, as established in the grant agreement. Akin to a task or activity.

EPA requires that applicants adequately describe environmental outputs (also known as deliverables or resulting work products) and outcomes (results or impacts to community, human health, or environment) to be achieved under assistance agreements.

Recipients 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:

Outputs refers to an environmental activity and/or associated work products 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.

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, although may not necessarily be achievable during the project period.

Long-term or environmental outcomes are the desired or ultimate results of a project or program. They represent results that lead to environmental/public health improvement. A change in water quality and resultant change in human health or environmental impacts are examples of long-term outcomes.

Intermediate Outcomes are expected to result in environmental outcomes but are not themselves “ends”. Given the environmental outcomes of an assistance agreement may not occur until after the funding period, intermediate outcomes realized during the funding period are a way to measure progress in achieving long term outcomes.

For a cleanup project, the following may be examples of intermediate outcomes:

• contaminant plume control,

• reduced exposure levels,

• habitat restoration,

• removal of contaminated soil/materials,

• sediment capping,

• completion and startup of treatment systems,

• improving remediation equipment,

• education of local tribal members or shareholders,

• successful prioritization of projects to address contaminated ANCSA lands.

3. Detailed Budget The budget must include sufficient details for EPA to understand the applicant’s planned expenditures. All costs in the budget must be related to activities in the work plan.

Submitted budgets should include

• All applicable costs, which may include personnel, fringe, travel, equipment, supplies, contracts, consultants, other, and indirect costs.

• Detailed descriptions of cost estimates for equipment, supplies, contracts, and other.

Below are descriptions of each budget category. For more detail, review the EPA General Budget Development Guidance for Applicants and Recipients of EPA Financial Assistance website.

Personnel

This category includes only direct costs for the salaries, wages, and allowable incentive compensation for those individuals who are employees of the applicant’s organization who will perform work directly for the project.

Fringe Benefits

Fringe benefits are allowances and services provided by employers to their employees as compensation in addition to regular salaries and wages.

Travel

Costs classified as “Travel” must be for recipient employees for trips that are necessary to perform the EPA agreement and should be referenced in the workplan.

For federal per diem rates in Alaska refer to Defense Travel Management Office Per Diem Rate Lookup website. For federal per diem rates in the Lower 48 states refer to GSA Per diem rates website. Tribes may use rates specified in their own policies.

Equipment Equipment is tangible, non-expendable, personal property having a useful life of more than one year and an acquisition cost of $10,000 or more per unit.

Supplies

Supplies means tangible property other than equipment, that must be procured, inventoried and maintained per policies and procedures. The detailed budget should identify supplies to be procured and their costs.

Contractual

Contractual services (including those provided by consultants) are those services to be carried out by an individual or organization, other than the recipient, that establish a contractual relationship as described at 2 CFR 200.331(b) and Appendix A of EPA’s Subaward Policy.

Consultant costs for individuals who are not employees of the recipient are classified as contractual rather than personnel. Individual consultants typically receive 1099 forms for Federal tax purposes.

Other

The Other section is for costs that do not fit in the other specific budget categories.

Participant support costs are included in Other. ADEC cost recovery fee is included in this section. Other examples of items in this category may include internet/phones, web hosting fees, insurance, electricity, conference registration fees, vehicle leases, equipment rentals, repairs and maintenance, postage, printing, etc.

Indirect Cost Rate

Applicants who want to include indirect costs as part of a budget must submit a copy of the organization’s approved Indirect Cost Rate Agreement.

https://www.epa.gov/sites/default/files/2019-05/documents/applicant-budget-development-guidance.pdf https://www.epa.gov/sites/default/files/2019-05/documents/applicant-budget-development-guidance.pdf https://www.travel.dod.mil/Travel-Transportation-Rates/Per-Diem/Per-Diem-Rate-Lookup/ https://www.travel.dod.mil/Travel-Transportation-Rates/Per-Diem/Per-Diem-Rate-Lookup/ https://www.gsa.gov/travel/plan-book/per-diem-rates

Sample Format for Budget

Eligible entities may contact the EPA project officer to obtain an optional detailed budget template to assist in estimating costs to support workplan goals (see below screen shot).

B. Required Elements: Current or Returning Grant Recipients In addition to the required elements outlined above (Narrative Description, Workplan Components, and Detailed Budget), current or returning cooperative agreement recipients who are requesting funds for new projects or are requesting supplementary funds may be asked to submit a summary of awarded Contaminated ANCSA Lands Assistance Program funds and any other EPA grant funds.

Programmatic Capability EPA may request demonstration of programmatic capability if the grant recipient has experienced key staff turnover or has open programmatic review findings. The EPA project officer will notify returning recipients if the information below is required; if so, it must be included with your funding request.

1. Describe the organizational structure to ensure sound program management to guarantee or confirm timely and successful expenditure of funds, and completion of all technical, administrative, and financial requirements of the cooperative agreement.

2. Include a brief description of the key qualifications of staff who will be managing the cooperative agreement(s).

3. Describe if your organization has had adverse audit findings. If your organization had any problems with the administration of any grants or cooperative agreements, describe how it has been or is in the process of being corrected.

C. Procurement and Conflicts of Interest EPA’s general policy is to require competition for commercially available items (including consulting services). EPA’s Best Practice Guide for Procuring Services, Supplies, and Equipment Under EPA Assistance Agreements provides detailed guidance to help recipients meet the procurement requirements in 2 CFR Part 200 (2 CFR 200.317 thru 200.327).

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

Note that, as provided in 2 CFR 200.317, States and Indian Tribes, with limited exceptions, follow the same procurement statutes, policies, and procedures for Federal financial assistance funds as they do for non-Federal funds9.

Please note that, as provided in 2 CFR 200.319(b), potential contractors that “ . . . develop or draft specifications, requirements, statements of work, or invitations for bids or requests for proposals must be excluded from competing for such procurements.”

D. Other Application Requirements Grants.gov The project officer who reviews your proposal will invite your organization to…