HMEP Tribes NOFO_for Posting.pdf

Fiscal Year (FY) 2026

Notice of Funding Opportunity (NOFO)

Hazardous Materials Emergency Preparedness (HMEP) Tribal Grant Program

NOFO Posted Date: May 18, 2026 Applications Due Date: June 22, 2026, 11:59 p.m. EST Questions Due Date: June 18, 2026, 11:59 p.m. EST

Applicants must be registered at www.grants.gov to apply online. It is highly recommended that applicants begin the registration process as soon as possible to avoid delays in submission. In addition, applicants must maintain an active registration in the System for Award Management at www.SAM.gov.

Furthermore, applicants are encouraged to register for an account with FedConnect at www.fedconnect.net before applying. FedConnect is a messaging platform where applicants can communicate directly with PHMSA. Your organization’s Marketing Partner ID Number (MPIN), which can be retrieved from SAM, is required to create an account. For instructions on how to register in FedConnect and how it works, click on the link to access the FedConnect: Ready, Set, Go! Tutorial on the FedConnect home page.

Assistance Listing (formerly CFDA)

20.705 “Hazardous Materials Emergency Preparedness (HMEP)”

PHMSA Notice of Funding Opportunity Number

693JK326NF0007

U.S. Department of Transportation

Pipeline and Hazardous Materials Safety Administration https://grants.gov/ https://sam.gov/ https://www.fedconnect.net/FedConnect/Default.htm https://www.fedconnect.net/FedConnect/Marketing/Documents/FedConnect_Ready_Set_Go.pdf https://www.fedconnect.net/FedConnect/Marketing/Documents/FedConnect_Ready_Set_Go.pdf

NOFO: 693JK326NF0007

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Fiscal Year 2026 Notice of Funding Opportunity

Hazardous Materials Emergency Preparedness (HMEP) Tribal Grant Program

TABLE OF CONTENTS

SECTION A – BASIC INFORMATION

A.1 Funding A.2 Period of Performance A.3 Type of Award

SECTION B - ELIGIBILITY

B.1 Eligible Applicants and Activities B.2 Cost Sharing or Matching B.3 Funding Restrictions

SECTION C – PROGRAM DESCRIPTION

C.1 Statement of Purpose C.2 Statute and Program Authority

SECTION D – APPLICATION CONTENTS AND FORMAT

D.1 Address to Request Application Package D.2 Content and Form of Application Submission

SECTION E – SUBMISSION REQUIREMENTS AND DEADLINES

E.1 Submission Dates and Times E.2 Unique Entity Identifier (UEI) and System for Award Management (SAM)

SECTION F - APPLICATION REVIEW INFORMATION

F.1 Criteria F.2 Review and Selection Process F.3 Risk Review

SECTION G – AWARD NOTICES

G.1 Anticipated Announcement and Federal Award Dates G.2 Federal Award Notices

SECTION H – POST-AWARD REQUIREMENTS AND ADMINISTRATION

H.1 Administrative and National Policy Requirements H.2 Reporting Requirements

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Hazardous Materials Emergency Preparedness (HMEP) Tribal Grant Program

SECTION A – BASIC INFORMATION

Federal Agency Name: U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration

Funding Opportunity Title: “Fiscal Year 2026 Notice of Funding Opportunity:

Hazardous Materials Emergency Preparedness (HMEP) Tribal Grant Program”

Announcement Type: Initial Announcement

Funding Opportunity Number: 693JK26NF0007

Assistance Listing Number: 20.705

NOFO Posted Date: May 18, 2026 Application Due Date: June 22, 2026, 11:59 p.m. EST Question Due Date: June 18, 2026, 11:59 p.m. EST

Executive Summary

The HMEP Tribal Grant Program is designed to encourage a comprehensive approach to emergency training and planning by incorporating the unique challenges of responses to HAZMAT transportation situations. The program also enhances the implementation of the Emergency Planning and Community Right-To-Know Act of 1986 (EPCRA, Title III), 42 U.S.C. § 11001, et seq.

A.1 Funding

This NOFO is subject to the availability of funds. PHMSA anticipates that $1,000,000 will be available for the FY 2026 HMEP Tribal Grant Program.

A.2 Period of Performance

The period of performance is 12 months from the effective date of the award. However, applicants may request up to 24 months if their project plans require additional time. Applicants must only apply for funding that can be reasonably expended within this timeframe and for allowable projects that can be completed within the period of performance.

A.3 Type of Award

Discretionary grant award.

Agency Contact Information

Questions related to the content of this funding opportunity should be submitted to the point of contact below or e-mail HMEP.grants@dot.gov.

mailto:hmep.grants.gov

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Hazardous Materials Emergency Preparedness (HMEP) Tribal Grant Program

If an applicant has technical difficulties submitting the application through grants.gov, the applicant should contact grants.gov at 800-518-4726 or e-mail support@grants.gov, as well as contact Carla.Sheppard@dot.gov

Program Contact Carla Sheppard Phone: 202-689-9818 E-mail: Carla.Sheppard@dot.gov

SECTION B - ELIGIBILITY

B.1 Eligible Applicants and Activities

The FY 2026 HMEP tribal grant is open to federally recognized tribes and tribal nonprofit organizations, such as intertribal consortiums. PHMSA defines “Indian tribe” at 49 U.S.C. § 5102(6). As such, “Indian tribe” is defined as any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village, or regional or village corporation, as defined in or established pursuant to the Alaska Native Claims Settlement Act, that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. For the purposes of this grant, “intertribal consortium” as defined by 40 CFR § 35.504 is a partnership between two or more federally recognized Indian Tribes that is authorized by the governing bodies of those Indian Tribes to apply for and receive assistance agreements. An intertribal consortium must have adequate documentation of the existence of the partnership, and the authorization to apply for and receive assistance. Eligible grant projects/expenses include, but are not limited to:

• Commodity flow studies

• Tabletop exercises

• Emergency response plans (creation and updates)

• HAZMAT response training

• HAZMAT training drills

• Training equipment

• HAZMAT training conferences

• Hazard mitigation plans

• Salaries/fringe benefits for HMEP program administrators

• Supplies to conduct training and planning activities mailto:support@grants.gov mailto:Carla.Sheppard@dot.gov https://uscode.house.gov/view.xhtml?path=%2Fprelim%40title49%2Fsubtitle3%2Fchapter51&edition=prelim https://uscode.house.gov/view.xhtml?path=%2Fprelim%40title49%2Fsubtitle3%2Fchapter51&edition=prelim https://www.ecfr.gov/current/title-40/chapter-I/subchapter-B/part-35/subpart-B/subject-group-ECFR7560dab1b022383/section-35.504 https://www.ecfr.gov/current/title-40/chapter-I/subchapter-B/part-35/subpart-B/subject-group-ECFR7560dab1b022383/section-35.504 https://www.ecfr.gov/current/title-40/chapter-I/subchapter-B/part-35/subpart-B/subject-group-ECFR7560dab1b022383/section-35.504

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Hazardous Materials Emergency Preparedness (HMEP) Tribal Grant Program

• Contract support costs related to HMEP planning and training activities

• Personnel overtime, backfill, and stipends, if the costs follow the HMEP Guidance on Backfill, Overtime, and Stipends

B.2 Cost Sharing or Matching

In accordance with 49 U.S.C. § 5116(d), States and tribes must contribute a minimum of 20 percent matching share to the total cost of the grant project. The matching requirement must be satisfied by costs incurred by the grantee or by the value of in-kind contributions. All matching funds must meet the Federal requirements as described in 2 CFR § 200.306 cost sharing or matching. Funds or costs used for matching purposes under any other Federal grant or cooperative agreement may not be used for HMEP matching purposes.

B.3 Funding Restrictions

The following costs are not eligible for reimbursement under the FY 2026 HMEP Tribal Grant Program:

1. Expenses claimed or reimbursed by another program.

2. Expenses counted as match funds toward another Federal program.

3. Any costs disallowed or stated as ineligible in 2 CFR Part 200.

4. Entertainment, alcohol, or morale costs.

5. Excessive costs for general office supplies, equipment, computer software, printing, and copying.

6. Fees for the personnel receiving training.

7. Expenses not related to the transportation of HAZMAT.

8. Expenses that supplant existing operational funds/programs.

9. Pre-award costs are not permitted without PHMSA’s prior approval, consistent with

2 CFR § 200.458.

Please note, the HMEP Program now allows costs such as overtime, backfill, and stipends if the costs follow the HMEP Guidance on Backfill, Overtime and Stipends.

https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/section-200.306

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Hazardous Materials Emergency Preparedness (HMEP) Tribal Grant Program

SECTION C – PROGRAM DESCRIPTION

C.1 Statement of Purpose

This funding opportunity is associated with Assistance Listing 20.705. Through this Notice of Funding Opportunity (NOFO), the Pipeline and Hazardous Materials Safety Administration (PHMSA) solicits applications from federally recognized tribes and tribal organizations for Hazardous Materials Emergency Preparedness (HMEP) funding to carry out HAZMAT planning and training activities to ensure the safe transport of HAZMAT.

PHMSA’s goal is to ensure responders who receive training under the grant will be able to protect nearby persons, property, and the environment from the effects of accidents or incidents involving the transportation of HAZMAT. PHMSA’s goal for planning activities is to develop, improve, and carry out emergency plans under the Emergency Planning and Community Right- To-Know Act of 1986 (42 U.S.C. § 11001 et seq.), including ascertaining flow patterns of hazardous material on lands under tribal jurisdiction.

PHMSA requires that applicants identify specific training and planning projects based on jurisdictional needs and maintain a record of the following: 1) number trained; 2) course type;

3) cost of training; 4) number of emergency response plans developed; 5) number of commodity flow studies completed; 6) number of exercises conducted; 7) location of training; and 8) a detailed accounting and description of each grant expenditure, including the amount of and purpose for each expenditure. PHMSA measures performance based on the projects included in the approved grant application and whether those projects fulfilled the training and planning needs outlined in the statement of need.

PHMSA requires applicants to comply with all applicable Federal financial assistance regulations and maintain an auditable accounting system that includes a detailed accounting and description of each grant expenditure. PHMSA measures performance based on the projects included in the approved financial assistance application and whether those projects fulfilled the needs outlined in the statement of need.

Congress initially authorized the HMEP Grant Program in 1990 under the Hazardous Materials Transportation Act (Pub. L. 101-615), codified at 49 U.S.C. § 5101 et. seq. Since its inception, the HMEP Grant Program has been fully funded by registration fees collected from HAZMAT shippers and carriers who offer for transportation or transport certain HAZMAT in intrastate, interstate, or foreign commerce. The overall Emergency Preparedness grants program is authorized to use the HAZMAT registration fees for four grant programs and other purposes.

The amounts available are limited to the amounts collected. PHMSA plans to make $27 million of the expected collections available in FY 2026 for the Hazardous Materials Emergency Preparedness (HMEP) grant. Of this amount, approximately $1,000,000 will be made available to federally recognized tribes and tribal nonprofit organizations. Federally recognized tribes and tribal nonprofit organizations must apply based on criteria established in 49 U.S.C. § 5116.

Grantees are reimbursed for PHMSA-approved program expenses.

https://sam.gov/fal/71d95040668340fca3eeb828ec694b87/view

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Hazardous Materials Emergency Preparedness (HMEP) Tribal Grant Program

C.2 Statute and Program Authority

The HMEP program is codified at 49 U.S.C. § 5116, and is governed by program regulations in 49 CFR Part 110 and Federal grants administration regulations at 2 CFR Part 200.

SECTION D – APPLICATION CONTENTS AND FORMAT

D.1 Address to Request Application Package

PHMSA requires applicants to apply electronically through grants.gov. Applicants must download the application package associated with this funding.

The application package contains the required electronic forms and the ability to upload attachments for the budget narrative, budget justification, project narrative, assurances, and certifications. The applicant must submit the information outlined in the Application Guide in addition to the program-specific information below.

If you are a hearing-impaired person, please contact FR/TTY at 1-800-877-8339 or e-mail PHMSA-Accessibility@dot.gov.

D.2 Content and Form of Application Submission

Applications for FY 2026 HMEP tribal grant funding should be submitted in electronic format in grants.gov. The application includes two overall sections: (1) standard forms that the applicant must download and complete from grants.gov under the FY 2026 HMEP tribal grant funding opportunity; and (2) attachments the applicant will need to create and upload to grants.gov.

Standard Forms

The following forms are found in grants.gov under the FY 2026 HMEP tribal grant funding opportunity and must be completed by the applicant.

1. Standard Form SF-424 – Application for Federal Assistance

2. Standard Form SF-424A – Budget Information for Non-Construction Programs

3. Certification Regarding Lobbying

4. Standard Title VI/Non-Discrimination Assurances

Applicant Attachments

The following forms must be created by the applicant and uploaded to grants.gov under the FY 2026 Hazardous Materials Emergency Preparedness (HMEP) tribal grant funding opportunity.

Guidance for completing the project narrative and budget narrative of the HMEP tribal grant application is provided in the proceeding section.

https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section5116&num=0&edition=prelim https://www.ecfr.gov/current/title-49/subtitle-B/chapter-I/subchapter-A/part-110 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200 https://grants.gov/ mailto:PHMSA-Accessibility@dot.gov

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Hazardous Materials Emergency Preparedness (HMEP) Tribal Grant Program

1. HMEP tribal grant application form

• Project Narrative attachment

• Budget Narrative attachment

2. Indirect Cost Agreement or Statement claiming 15 percent de minimis (if applicable)

3. Letters of Support from partner organizations (if applicable)

4. Additional optional attachments (if applicable)

Applications should be well-written, single-spaced, 12-point standard font (e.g., Times New Roman) and free of mathematical errors in the line-item budget and budget narrative. Project narratives should have the sections clearly identified and follow the structure requested in this NOFO. The application forms and templates are available on grants.gov in the “Related Documents” tab with detailed instructions on the application process. Please also reference Section F, Application Review Information, to ensure the application addresses the criteria on which PHMSA will evaluate.

Given the complexity of some aspects of the application process, technical assistance is available to help with the application process. Please contact the technical primary point of contact listed in Section I for technical assistance.

Sharing of Application Information – PHMSA may share application information within the Department or with other Federal agencies if it is determined that sharing is relevant to the respective program’s objectives. Click here for more information.

SECTION E – SUBMISSION REQUIREMENTS AND DEADLINES

E.1 Submission Dates and Times

Completed applications must be received electronically by 11:59 p.m. EST on June 22, 2026.

Applications received after this deadline may not be considered. PHMSA will only accept one application per applicant.

Questions Due Date and Time: June 18, 2026 by 11:59 p.m. EST.

NOTE: All questions can be submitted via the Message Center in FedConnect or send questions to the Technical Point of Contact in Section I of this NOFO. PHMSA is not responsible for answering questions that are received after the Questions Due Date and Time.

To begin the process, applicants must be registered with grants.gov to apply. It is highly recommended that applicants begin the registration process as soon as possible to avoid delays with submission. Failure to comply with the application requirements as described in this section may result in the rejection of the application.

https://www.phmsa.dot.gov/about-phmsa/working-phmsa/grants/hazmat/hmep-tribes-project-narrative https://www.phmsa.dot.gov/about-phmsa/working-phmsa/grants/hazmat/hmep-tribes-budget-narrative https://www.phmsa.dot.gov/about-phmsa/working-phmsa/grants/sharing-application-information-and-protection-confidential https://www.phmsa.dot.gov/about-phmsa/working-phmsa/grants/sharing-application-information-and-protection-confidential

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Hazardous Materials Emergency Preparedness (HMEP) Tribal Grant Program

Accessing Grants.gov

1. Grants.gov. For new users, go to https://www.grants.gov/applicants/applicant-registration, or go to the main page at https://www.grants.gov/ and select “Register.” New user registrations for grants.gov can take up to two weeks to complete. For additional questions on how to register, contact grants.gov support at 800-518-4726 or e-mail support@grants.gov.

2. FedConnect. Applicants are encouraged to register for an account with FedConnect at https://www.fedconnect.net before applying. Your organization’s Marketing Partner ID Number (MPIN), which can be retrieved from SAM, is required to create an account. For instructions on how to register in FedConnect and how it works, click on the link to access the FedConnect: Ready, Set, Go! Tutorial. For other technical issues or questions, either e-mail fcsupport@unisonglobal.com or call 1-800-899-6665, option 2. The FedConnect Support Center is staffed Monday–Friday, 8:00 a.m.–8:00 p.m. EST, except Federal holidays.

If an applicant has technical difficulties submitting the application through grants.gov, that applicant should contact grants.gov at 800-518-4726 or e-mail support@grants.gov, as well as contact the Grants Program Office at 202-366-1109 or e-mail HMEP.grants@dot.gov.

E.2 Unique Entity Identifier (UEI) and System for Award Management (SAM)

PHMSA may not make an award to an applicant until the applicant has complied with all applicable unique entity identifier and SAM requirements. If an applicant has not fully complied with the requirements by the time PHMSA is ready to make an award, PHMSA may determine that the applicant is not qualified to receive an award and use that determination as a basis for making an award to another applicant. PHMSA recommends that applicants review the SAM database at sam.gov to ensure that their UEI is updated and “active”.

Each applicant is required to:

• Register in SAM (SAM.gov) before submitting its application.

• Provide a valid UEI in its application.

• Maintain an active SAM registration and UEI with current information when it has an active Federal award or an application under consideration.

SECTION F - APPLICATION REVIEW INFORMATION

F.1 Criteria

When identifying projects, applicants should consider how the project will increase safety.

PHMSA will evaluate applications through administrative, technical, and programmatic reviews based on the evaluation criteria.

https://www.grants.gov/applicants/applicant-registration https://www.grants.gov/applicants/applicant-registration https://www.grants.gov/ mailto:support@grants.gov https://www.fedconnect.net/ https://www.fedconnect.net/FedConnect/Marketing/Documents/FedConnect_Ready_Set_Go.pdf mailto:fcsupport@unisonglobal.com mailto:support@grants.gov https://sam.gov/

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Hazardous Materials Emergency Preparedness (HMEP) Tribal Grant Program

Merit Criteria

PHMSA developed merit criteria to rate and select competing applications. Within the application, demonstrate the extent to which the activities will impact the safe transport of hazardous materials. Submission of an application is not a guarantee of award. PHMSA may, at its discretion, award a grant based on an application in its entirety, award only portions of a grant based on its application, or not award a grant at all.

1. Technical Criteria

• Does the application contain a planning and training needs assessment that identifies the current capacity and any areas of deficiency as it concerns preparedness for the transportation of HAZMAT?

• Does the application list the program goals and objectives for the grant funds?

• Does the application contain planning and training activities that align with the HMEP grant program guidelines?

• Do the activities listed appear to be allowable, allocable, necessary, and reasonable?

• Does the application adequately describe the proposed activities?

• Does the application provide costs and a reasonable timeline of proposed grant activities?

• Does the application provide a description of the monitoring and evaluation of the proposed activities?

2. Programmatic Criteria

• Does the applicant provide an explanation of whether fees are assessed and collected for the transportation of HAZMAT, and if so, are the fees used only to carry out a purpose related to transporting hazardous material?

• Does the applicant provide a statement certifying that the person authorized to provide training agrees to have an auditable accounting system?

• For each planned course, PHMSA will evaluate the type of course, the number of Expected Courses, the expected number of students to be trained, and the expected locations, if known. Applicants should use the following table format:

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Hazardous Materials Emergency Preparedness (HMEP) Tribal Grant Program

• Does the applicant provide a statement certifying that 75 percent of grant funding will be used for HMEP programmatic activities, and no more than 25 percent of Federal funding will be used for maintenance and administration costs (M&A)?

• Does the applicant provide a statement indicating that all members of the Tribal Emergency Response Commission (TERC) were provided the opportunity to review the grant application?

• Does the applicant provide information on the past record of the tribe effectively managing planning and training grants? Use chart below as a template.

• Does the application explain any food costs? Are the costs reasonable?

• Did the applicant provide a completed and properly filled out SF-424 form?

• Did the applicant submit a completed lobbying form and Title VI form?

• Do the budget (SF-424A) and budget narrative align?

• Does the budget narrative provide detail as to how the costs under “personnel” correspond to the staff included in the narrative and how they were calculated?

• Does the budget narrative provide an explanation or breakout of the staff “Fringe Benefits?”

• If there are funds entered under “Travel,” does the budget narrative provide a clear and reasonable explanation that relates to the costs?

• Does the budget narrative identify supply costs and are the costs adequately explained?

• If there are funds under “Contractual,” does the budget narrative clearly describe how contractual costs were derived for each agreement or subaward?

• If there are costs under “Other,” have the costs been reasonably explained?

• If indirect costs are requested, does the application/budget narrative include an approved, current Indirect Cost Rate agreement or statement claiming the 15 percent de minimis rate?

Hazardous Materials Emergency Preparedness: Tribal Grants Planned Outputs Planned Output Measure Description of Planned Activities Planned Target

Planning and Training Activities

Name and Short Description of Planned and Training Activities # of Planned Trainings

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Hazardous Materials Emergency Preparedness (HMEP) Tribal Grant Program

F.2 Review and Selection Process

Please thoroughly read the Review and Selection Process.

The Department intends to apply principles from DOT Order 2100.7 (Ensuring Reliance Upon Sound Economic Analysis in DOT’s Policies, Programs and Activities) and DOT Order 2100.9 (Ensuring Nondiscrimination and Equal Opportunity in Department of Transportation Policies, Programs, and Activities) when evaluating applications and making award selections. To the maximum extent permitted by law, DOT will prioritize projects that are in alignment with the principles outlined in DOT Orders 2100.7 and 2100.9.

Please note that to comply with the requirements of 2 CFR Part 200, Subpart E, PHMSA’s Agreement Officer and Grant Specialist may request additional information pertaining to your application during the application review and evaluation process.

F.3 Risk Review

Prior to making an award, PHMSA is required to review and consider any information about the responsibility and qualification of the applicant that is accessible through SAM (currently the Federal Awardee Performance and Integrity Information System, FAPIIS) (see 41 U.S.C. § 2313). An applicant may review information in the designated integrity and performance systems accessible through SAM, and comment on any information about itself that a Federal awarding agency previously entered in this system. PHMSA will consider any comments by the applicant, in addition to any other information available in SAM in making a judgment about the applicant's integrity, business ethics, and record of performance under Federal awards as part of the risk review required by 2 CFR § 200.206.

SECTION G – AWARD NOTICES

G.1 Anticipated Announcement and Federal Award Dates

Applicants chosen for funding will receive electronic notification of the Federal award. Upon notification, the applicant’s Authorized Representative must sign and return the award within the timeframe prescribed by PHMSA. PHMSA plans to make awards no later than September 30, 2026, with a proposed period of performance start date noted on the award agreement.

G.2 Federal Award Notices

PHMSA’s grant awarding official will award grants to responsible and eligible applicants, at its discretion, whose applications are judged most meritorious under the procedures set forth in this NOFO. Funds will be administered on a reimbursement basis. All funds provided by PHMSA must be expended solely for the purpose for which the funds are awarded in accordance with the approved application and budget, regulations, terms and conditions of the award, applicable Federal cost principles, and DOT’s financial assistance regulations. Funds may not be used for lobbying or litigation.

https://www.phmsa.dot.gov/about-phmsa/working-phmsa/grants/e2-review-and-selection-process https://www.transportation.gov/mission/ensuring-reliance-upon-sound-economic-analysis-department-transportation-policies-programs https://www.transportation.gov/mission/ensuring-reliance-upon-sound-economic-analysis-department-transportation-policies-programs https://www.transportation.gov/mission/ensuring-nondiscrimination-and-equal-opportunity-department-transportation-policies

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Hazardous Materials Emergency Preparedness (HMEP) Tribal Grant Program

The grant award agreement, signed by both the PHMSA Agreement Officer and the recipient’s Authorized Representative, is the authorizing document and will be provided through electronic means to the Authorized Representative. The award document will provide pertinent instructions and information including, at a minimum, the following:

1. The legal name and address of recipient.

2. Title of project.

3. Name(s) of key personnel chosen to direct and control approved activities.

4. Federal Award Identification Number assigned by PHMSA.

5. Period of Performance, specifying the duration of the project.

6. Total amount PHMSA approved for the project.

7. Legal authority under which the award is issued.

8. Assistance Listing Program Number (formerly CFDA).

9. Applicable award terms and conditions.

10. Approved budget plan for categorizing allocable project funds to accomplish the stated purpose of the award.

11. Other information or provisions deemed necessary by PHMSA.

SECTION H – POST-AWARD REQUIREMENTS AND ADMINISTRATION

H.1 Administrative and National Policy Requirements

The administration of this award by PHMSA and the Recipient will be based on the following Federal statutory and regulatory requirements:

1. 49 U.S.C. § 5116 – Planning and training grants, monitoring and review.

2. 2 CFR Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

3. 49 CFR Part 20 – New Restrictions on Lobbying. 49 CFR Part 20 will be incorporated by reference into any award under this program and is available at www.ecfr.gov by clicking on Title 49 CFR Part 20.

4. Civil Rights and Title VI – As a condition of a grant award, grant recipients will demonstrate that the recipient has a plan for compliance with civil rights obligations and nondiscrimination laws, including Title VI of the Civil Rights Act of 1964 and https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section5116&num=0&edition=prelim https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200 https://www.ecfr.gov/current/title-49/subtitle-A/part-20 https://www.ecfr.gov/ https://www.congress.gov/crs-product/R46534#_Toc51677346

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Hazardous Materials Emergency Preparedness (HMEP) Tribal Grant Program implementing regulations (49 CFR Part 21) (including any amendments thereto), the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act, all other civil rights requirements, and accompanying regulations. This should include a current Title VI plan. DOT’s and the applicable Operating Administrations’ Office of Civil Rights may work with awarded grant recipients to ensure full compliance with Federal civil rights requirements. See “Standard Title VI/Non-Discrimination Assurances” for the form by the same name that must be completed and returned by the grant applicant.

5. 49 CFR Part 32 – Governmentwide Requirements for Drug Free Workplace (Financial Assistance), which implements the requirements of Public Law 100-690, Title Subtitle D, “Drug-Free Workplace Act of 1988.” 49 CFR Part 32 will be incorporated by reference into any award under this program and is available at: www.ecfr.gov by clicking on Title 49 CFR Part 32.

6. Compliance with Federal Law and Policies – The applicant assures and certifies, with respect to any application and awarded Project under this NOFO, that it will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance, and use of Federal funds.

7. Federal Anti-Discrimination - Except where prohibited by court order, pursuant to Section 3(b)(iv)(A) of Executive Order 14173, Ending Illegal Discrimination And Restoring Merit-Based Opportunity, the Recipient agrees that its compliance in all respects with all applicable Federal anti-discrimination laws is material to the government’s payment decisions for purposes of section 3729(b)(4) of title 31, United States Code.

Except where prohibited by court order, pursuant to Section 3(b)(iv)(B) of Executive Order 14173, Ending Illegal Discrimination And Restoring Merit-Based Opportunity, by entering into this agreement, the Recipient certifies that it does not operate any programs promoting diversity, equity, and inclusion (DEI) initiatives that violate any applicable Federal anti-discrimination laws.

To the extent a court order bars the implementation or enforcement of one or more of the provisions with respect to a particular applicant or recipient, the Department will not implement or enforce the relevant provision(s) against that applicant or recipient for as long as the order remains in place.

H.2 Reporting Requirements

Progress Reports- Each grant recipient is required to submit a progress report to show the progression of approved projects and activities using the progress report template furnished by PHMSA. The reports must follow the instructions outlined in the grant award's progress report template and the terms and conditions. Grant recipients with a period of performance that is longer than 12 months are required to submit annual progress reports. Grant recipients with a performance period of 12 months need only submit a final progress report (refer to section https://www.ecfr.gov/current/title-49/subtitle-A/part-21 https://www.congress.gov/bill/101st-congress/senate-bill/933 https://www.congress.gov/bill/93rd-congress/house-bill/8070/text https://www.ecfr.gov/current/title-49/subtitle-A/part-32 https://www.ecfr.gov/

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Hazardous Materials Emergency Preparedness (HMEP) Tribal Grant Program below). Grant recipients must follow the instructions outlined in the terms and conditions of the grant award.

Federal Financial Reports- Each grant recipient is required to submit Federal Financial Reports (SF-425) to show a cumulative account of expenditures from approved activities.

Grant recipients with a period of performance that is longer than 12 months are required to submit annual Federal Financial Reports. Grant recipients with a performance period of 12 months need only submit a final Federal Financial Report (refer to section below). Grant recipients must follow the instructions outlined in the terms and conditions of the grant award.

Final Reports- Each recipient is required to submit a final Progress Report and final Federal Financial Report (SF-425). Final Federal Financial Reports and Progress Reports must be submitted by e-mail at HMEP.grants@dot.gov.

The reports are due no later than 120 days after the performance period has ended. Final reports must follow the instructions outlined in the terms and conditions of the grant award and must include:

A summary of the activities and outputs that took place during the period of performance. See chart below as a template to follow:

Hazardous Materials Emergency Preparedness (HMEP) Tribal Grants: Output Report

Output Measure What to report Actuals Employer Name (responsible for training)

Supporting Documentation

1.Planning Activities Total number of planning activities that help develop, improve, and carry out emergency plans under the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. § 11001 et seq.), including ascertaining flow patterns of hazardous material on lands under tribal jurisdiction.

Planning Activity Types:

Commodity Flow Study, Hazard Analysis, Needs Assessment, Capabilities Assessment, Emergency Response Plan, Exercises, Conferences or Other.

# of Planning Activities

Employer Name Records of planning activities should be maintained by the grantee.

2. Training Activities Total number of training activities including the training level such as Awareness, Operations, Technician, Specialist or Other.

# of Courses Employer Name Records of training should be maintained by the grantee.

U.S. DOT/PHMSA Page 16 of 16

Hazardous Materials Emergency Preparedness (HMEP) Tribal Grant Program

Hazardous Materials Emergency Preparedness (HMEP) Tribal Grants: Output Report

Output Measure What to report Actuals Employer Name (responsible for training)

Supporting Documentation

3. Students Trained Total number of students trained, city/state location, and total contact hours.

# of Students Trained Per Course

Employer Name Records of training participants should be maintained by the grantee.

All applications and reports will be made available to the public upon request.

Performance and Program Evaluation: Program Evaluation is an assessment using systematic data collection and analysis of one or more programs, policies, and organizations intended to assess their effectiveness and efficiency (5 U.S.C. § 311). Recipients and subrecipients are encouraged to incorporate program evaluation including associated data collection activities from the outset of their program design and implementation to meaningfully document and measure their progress. Allowable data and evaluation costs are specified in 2 CFR 200.455(c).1 As a condition of grant award, grant recipients may be required to participate in an evaluation undertaken by DOT or another agency or partner. The evaluation may take different forms such as an implementation assessment across grant recipients, an impact and/or outcomes analysis of all or selected sites within or across grant recipients, or a benefit/cost analysis or assessment of return on investment. DOT may require applicants to collect data elements to aid the evaluation and/or use information available through other reporting. Grant recipients must agree to: (1) make records available to the evaluation contractor or DOT agency staff; (2) facilitate and provide access to program records, and any other relevant documents to calculate costs and benefits; (3) in the case of an impact analysis, facilitate the access to relevant information as requested; and (4) follow evaluation procedures as specified by the evaluation contractor or DOT agency staff.

1 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-E/subject-group- ECFRed1f39f9b3d4e72/section-200.455.