PKG00284222.pdf

United States Environmental Protection Agency Region 10

CONTAMINATED ALASKA NATIVE CLAIMS

SETTLEMENT ACT

LANDS ASSISTANCE PROGRAM

DECEMBER 2023

Assistance Agreement Program Guidance for

Federally Recognized Tribes in Alaska, Alaska Native Regional Corporations, Alaskan Native Village Corporations, Alaska Native Nonprofit Organizations, Alaska Native Nonprofit Associations, and/or

Intertribal Consortia comprised of Alaskan Tribal Entities

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

C. PROGRAM OBJECTIVES

D. NATIONAL STRATEGY FOR THE ARCTIC REGION AND CONGRESSIONAL SUPPORT

E. AUTHORITY

F. AVAILABLE FUNDING

II. ELIGIBILITY

A. APPLICANT ELIGIBILTY

B. ALLOWABLE ACTIVITIES

1) COMMUNITY ENGAGEMENT

2) ASSESSMENT ACTIVITIES

3) CLEANUP ACTIVITIES

4) NEPA COMPLIANCE

5) PROGRAM MANAGEMENT ACTIVITIES AND COSTS

6) ALLOWABLE COSTS: Uniform Gants Guidance and EPA Administrative Requirements

C. INELIGIBLE USE OF FUNDS

III. FUNDING PRIORITIES

IV. APPLICATION SUBMISSION AND REQUIRED ELEMENTS

A. APPLICATION REVIEW PROCESS

B. PERFORMANCE PERIOD

C. PLANNING MILESTONES

D. FUNDING REQUESTS

1) Workplan Narrative Description

2) Workplan Components or Tasks

3) Detailed Budget

E. RETURNING GRANTEES

F. OTHER APPLICATION REQUIREMENTS

V. TERMS AND CONDITIONS

A. EPA SUBSTANTIAL INVOLVEMENT

B. QUALITY ASSURANCE PROJECT PLAN (QAPP)

I. BACKGROUND

A. HISTORY

The Alaska Native Claims Settlement Act was enacted in 1971 to settle aboriginal claims to public lands through the conveyance of 46 million acres of land to Alaska Native regional and village corporations, and the transfer of one billion dollars from state and federal governments as compensation for remaining claims. Some of the lands promised and conveyed to corporations pursuant to the settlement in ANCSA were contaminated with substances such as arsenic, asbestos, lead, mercury, pesticides, polychlorinated biphenyls, 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

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

The EPA developed and will maintain an inventory of sites, known as 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.

C. PROGRAM OBJECTIVES

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.

D. NATIONAL STRATEGY FOR THE ARCTIC REGION AND

CONGRESSIONAL SUPPORT

Through participation in the White House Arctic Executive Steering Committee – EPA, Department of Defense, U.S. Army Corps of Engineers, and Department of the Interior’s Bureau of Land Management are collaborating in a whole-of-government approach to act on the issue of contaminated lands conveyed to Alaska Native corporations under ANCSA.

Through the initiative, the agencies are working to leverage resources, expertise, and requirements into a framework for effective cooperation and progress. The commitments of this interagency effort are outlined in the Implementation Plan for the 2022 National Strategy for the Arctic Region1.

1 The United States’ National Strategy for the Arctic Region Strategic Objective 2.4: Conserve and Protect Arctic Ecosystems, including through Indigenous Co-Production and Co-Management.

https://experience.arcgis.com/experience/51479962643a49368433f43204d493e3 https://experience.arcgis.com/experience/51479962643a49368433f43204d493e3 https://www.epa.gov/r10-tribal/contamination-ancsa-conveyed-lands https://www.epa.gov/r10-tribal/contamination-ancsa-conveyed-lands https://www.whitehouse.gov/wp-content/uploads/2023/10/NSAR-Implementation-Plan.pdf https://www.whitehouse.gov/wp-content/uploads/2023/10/NSAR-Implementation-Plan.pdf https://www.whitehouse.gov/wp-content/uploads/2023/10/NSAR-Implementation-Plan.pdf https://www.whitehouse.gov/wp-content/uploads/2022/10/National-Strategy-for-the-Arctic-Region.pdf

The federal fiscal year 2023 (FY23) Consolidated Appropriation Act included language as follows, which established EPA’s Contaminated ANCSA Lands Assistance Program.

Alaska Contaminated Sites: $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 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.

E. AUTHORITY

The federal fiscal year 2023 Consolidated Appropriations Act established the EPA’s Contaminated ANCSA Lands Assistance Program. Funding is awarded through a cooperative agreement between EPA and the Alaskan tribal entity2.

The program administers cooperative agreements in accordance with the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards for all entity types including states, tribes, and local governments. These regulations are found in the Code of Federal Regulations (CFR) at 2 CFR 200, 2 CFR 1500, as well as provisions of 40 CFR 35 Subparts A and B.

The Contaminated ANCSA Lands Assistance Program aligns with the FY 2022-2026 EPA Strategic Plan Goal 6: Safeguard and Revitalize Communities - Objective 6.1: Clean Up and Restore Land for Productive Uses and Healthy Communities, as well as Cross Agency Strategy 4: Strengthen Tribal, State, and Local Partnerships and Enhance Engagement3.

F. AVAILABLE FUNDING

EPA will evaluate applications as they are submitted on a rolling basis and will award funds until all available funding has been obligated. Funding may be requested for cooperative agreements of up to $3M per project with maximum performance periods of 5 years.

No matching funds are required, and eligible entities receiving other federal funding to support contaminated lands assessment and/or cleanups are still eligible for additional assistance under this EPA program.

The FY23 Consolidated Appropriations Act included three Congressionally directed spending projects ($7.5M in total) which EPA awarded to support various outreach and engagement activities as well as the verification of contaminated ANCSA lands. Partner organizations funded by the Congressionally directed spending may be available to provide technical support to Contaminated ANCSA Lands Assistance Agreement applicants.

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

3 The FY 2022-FY 2026 EPA Strategic Plan communicates the roadmap for accomplishing EPA’s environmental priorities.

https://www.epa.gov/grants/uniform-requirements-managing-grants-apply-all-federal-executive-agencies https://www.epa.gov/grants/uniform-requirements-managing-grants-apply-all-federal-executive-agencies https://www.epa.gov/planandbudget/strategicplan https://www.epa.gov/planandbudget/strategicplan https://www.epa.gov/planandbudget/strategicplan

II. ELIGIBILITY

A. APPLICANT ELIGIBILTY

EPA will award funding for site assessment and cleanups 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 that the:

(1) site was conveyed pursuant to ANCSA,

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

(3) site is on the EPA Contaminated ANCSA Sites Inventory.

Sites that have been verified may apply for Contaminated ANCSA Lands Assistance funding. Verified sites are those that have been verified on EPA’s Contaminated ANCSA Sites Inventory. Steps to check if a site is verified are outlined on page 8.

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

Eligible Entities

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

Eligible Site Contaminants

Eligible Site Contaminants Contamination resulting from oil 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.

Solid waste is not eligible for funding unless it is commingled with oils and/or hazardous substances, pollutants, or contaminants.

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.

https://www.epa.gov/superfund/superfund-cercla-overview https://www.epa.gov/superfund/superfund-cercla-overview https://www.congress.gov/117/bills/hr2617/BILLS-117hr2617enr.pdf

Eligible Lands or Sites

Eligible Contaminated Lands or Sites includes:

• Land or a site conveyed pursuant to ANCSA (43 U.S.C. 1601 et seq.),

• Site(s) listed n the EPA’s Contaminated ANCSA Sites Inventory, and

• If the applicant is not the owner of the contaminated site(s), then

EPA will require documentation that the owner will provide access to the site and support taking action to address contamination.

IMPORTANT!

Any eligible lands or sites that were not originally included in the BLMs ANCSA Inventory prior to 2023, can now be submitted for contamination verification.

If these requirements cannot be demonstrated with the materials submitted to EPA, then the site may be a good candidate for verification and/or on-site assessment.

The site may also be eligible for funding in the future, or eligible for funding in a different EPA grant program such as a Brownfield program.

https://experience.arcgis.com/experience/51479962643a49368433f43204d493e3

Steps to Confirm

Contaminated Lands Eligibility

Steps to Confirm Contaminated Lands Eligibility

1) Check the EPA’s Contaminated ANCSA Sites Inventory to determine whether the site is included in the inventory. If it is included, then the site is eligible.

If the site is not included on the inventory, then the applicant must Submit a New Site to the EPA’s Inventory.

After a new site is submitted, the applicant will receive a confirmation email. It will then be listed on the Proposed ANCSA Sites Layer of the EPA’s Common Operating Picture until it is verified for contamination by the EPA and the Alaska Department of Environmental Conservation (ADEC) through a Phase 1 Assessment.

2) As part of the application and eligibility review, EPA will also confirm the status of contaminated lands.

B. ALLOWABLE ACTIVITIES

The legislative authority for this program allows the following activities. Please note that Contaminated ANCSA Lands Assistance Agreements may be used in combination with other eligible grants and cooperative agreements to fulfill goals.

1) COMMUNITY ENGAGEMENT

Community Engagement

Activities in tandem with assessments or cleanups

EPA recognizes that effective community engagement is vital to working with Alaska Native communities and ensuring community members are engaged in projects.

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.

https://experience.arcgis.com/experience/51479962643a49368433f43204d493e3/page/Submit-New-Site/ https://experience.arcgis.com/experience/51479962643a49368433f43204d493e3/page/Proposed/

2) ASSESSMENT ACTIVITIES

Assessment Activities

Assessment activities usually precede a cleanup. Recipients may use funds to plan and conduct assessments for the purpose of preparing the contaminated site for a future cleanup in the following areas:

• Activities that enable the scoping of an assessment and conducting environmental sampling and analysis to determine the extent of contamination.

• Reviewing historic records of the site including past activity to help inform the assessment approach (e.g., Phase I environmental site assessment, also known as a preliminary assessment).

• Conducting sampling activities (e.g., Phase II environmental site assessment, also known as a site inspection).

• Developing a Health and Safety Plan, Quality Assurance Project Plan and/or Sampling Plan prior to conducting any environmental sampling and analysis. These are requirements for projects involving data collection.

• Submitting samples for analysis and analytical costs from evaluating site samples with an EPA accredited laboratory.

• Developing a report of the sample results and conclusions resulting from analysis (i.e., Conceptual Site Model, Assessment report, Site Inspection or Sampling Summary Report).

• Support planning for future cleanup activities such as evaluation of cleanup alternatives.

• Completing an Environmental Information Document (EID) as a part of National Environmental Policy Act (NEPA) Compliance.

IMPORTANT!

In most cases, assessment activities must be completed before a cleanup plan can be developed.

For information on assessment phases to verify and determine the level of contamination, check out the following websites:

EPA’s Brownfields Assessing Brownfield Sites Fact Sheet ADEC’s Contaminated Sites Cleanup Process

EPA Substantial Involvement for Assessment and

Cleanup

EPA, ADEC, and other federal and state agencies may collaboratively participate in the development of the assessment and/or cleanup project work plan to ensure compliance with all applicable federal and state laws and regulations.

https://www.epa.gov/sites/default/files/2020-07/documents/assessing_brownfield_sites.pdf https://dec.alaska.gov/spar/csp/faq/cleanup-process

3) CLEANUP ACTIVITIES

Cleanup Activities

After assessment activities have been completed, recipients may use its funds to plan and conduct the cleanup of the contaminated site in the following areas.

• Developing a site cleanup approach and documenting the approach in a Site Cleanup Plan.

• Procuring contract services to conduct cleanup activities such as contaminated material removal, transportation and disposal, sampling, or health and safety monitoring.

• Conducting cleanup activities including proper transportation and disposal of contamination.

• Conducting environmental confirmation sampling post-cleanup activities to determine if further action is required.

If necessary, planning for next phase of site cleanup.

Developing a report documenting removal and/or cleanup activities.

4) NEPA COMPLIANCE

NEPA

Compliance

While EPA as the funding agency is responsible for NEPA compliance, recipients will likely need to provide information to support this process. EPA may need to prepare an Environmental Assessment (EA) as part of the environmental review.

Cooperative agreement recipients may be required to provide site information such as the potential environmental impact of addressing site contamination, which is typically provided to EPA in an Environmental Information Document (EID).

Cooperative agreement recipients may use EPA financial assistance to prepare the EID. EPA may provide direct technical assistance to recipients for development of the EID.

Depending on the site and proposed workplan, EPA may:

• utilize a categorical exclusion,

• adopt a categorical exclusion from another agency,

• issue a Notice of Adoption of other agencies finding,

• issue a Finding of No Significant Impact, or

• issue an Environmental Impact Statement and publish a

Record of Decision for the project.

NEPA requirements must be complied with before any construction or ground disturbance activities can occur per 40

CFR 6.

5) PROGRAM MANAGEMENT ACTIVITIES AND COSTS

Other activities that may be eligible for EPA funding are as follows.

Program Management

Costs associated with program management or oversight of the cooperative agreement.

Workplans should include a task for administration 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

Environmental

Insurance The purchase cost of environmental insurance.

Indirect Costs

Indirect costs are allowable under 2 CFR 200 and EPA Grants Policy Issuance for Indirect Cost Policy for Recipients of EPA Assistance Agreements.

Subawards

A recipient may use its funds to award subawards to other eligible entities including nonprofit organizations, for cleanups on sites owned by the sub-recipient or sites for which the sub-recipient can demonstrate that it has been granted access by the site owner for the purpose of conducting assessment and cleanup activities.

https://www.epa.gov/grants/indirect-cost-rate-proposal-information

6) ALLOWABLE COSTS:

UNIFORM GANTS GUIDANCE and EPA ADMINISTRATIVE REQUIREMENTS

Allowable Costs

The EPA has adopted the Office of Management and Budget (OMB) Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards to Non-Federal Entities guidance, which is commonly known as the Uniform Grant Guidance (UGG) in 2 CFR 200.

2 CFR 200 Subparts B through D set forth the administrative requirements for cooperative agreements, including the requirements for EPA’s management of grant programs before awards are made and the requirements EPA may impose on recipients.

2 CFR 200 Subpart E establishes principles for determining the allowable costs incurred by cooperative agreement recipients.

For additional information on allowable costs and the above references, see EPA’s website — Uniform requirements for managing grants that apply to all federal executive agencies.

C. INELIGIBLE USE OF FUNDS

Ineligible Costs

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 activities.

• Purchasing land.

• 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,

• Any prohibited or restricted activities as part of the EPA

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

https://www.epa.gov/grants/uniform-requirements-managing-grants-apply-all-federal-executive-agencies https://www.epa.gov/grants/uniform-requirements-managing-grants-apply-all-federal-executive-agencies https://www.epa.gov/grants/grant-terms-and-conditions#general https://www.epa.gov/grants/grant-terms-and-conditions#general

III. Funding Priorities EPA’s Contaminated ANCSA Lands Assistance Program is administered non-competitively. The EPA may prioritize sites for funding utilizing the factors below.

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 listed 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 oil 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.

Other Important Factors

Other factors which may influence EPA prioritization of funding applications includes:

• if the risk to human health and or the environment is immediate and significant,

• if the federal government actively caused contamination prior to conveyance or had jurisdiction, custody and control of the lands contaminated at the time of conveyance, or

• if funding is necessary to address an imminent and substantial risk to human health or the environment - and the primary responsible party is not financially viable despite the presence of an identified non-federal party that is primarily responsible for the contamination.

Climate Change EPA may prioritize projects on lands in locations that may be impacted by near-term climate change.

Geographic Diversity EPA may prioritize projects which help achieve geographic diversity of projects around Alaska.

https://www.epa.gov/climate-change

IV. APPLICATION SUBMISSION AND REQUIRED

ELEMENTS

A. APPLICATION REVIEW PROCESS

Application Review Process

Contaminated ANCSA Lands Assistance Program is non-competitive funding source available on a rolling, year-round basis.

EPA encourages applicants to contact the Contaminated ANCSA Lands Assistance Program in advance of submitting their proposal to discuss the site and proposed project.

Proposals must include a workplan narrative, workplan components, and detailed budget. They can be submitted to EPA project officers by email. Project officers will begin working with applicants upon receipt of proposals.

The review or negotiations process is intended to ensure the proposed workplans and budgets are in alignment with grant requirements and regulations, and to refine the budget to best align with project tasks, outputs, and final deliverables.

After review and negotiations of the funding request with EPA project officers, the applicant will be provided instructions to submit the final application in Grants.gov.

B. PERFORMANCE PERIOD

Performance Period

EPA Region 10 project officers will determine with the applicant the appropriate project period for each cooperative agreement. These may be for multiple years depending on type and complexity of the project. The performance period may not exceed five (5) years.

C. PLANNING MILESTONES

Planning Milestones

The following is a framework for the major milestones of project implementation, which should be addressed in the funding request.

Step

Procurement – If the recipient has contractual costs as part of their workplan, the procurement must be conducted in accordance with Federal procurement requirements as outlined in 2 CFR Parts 200.317 through 326.

Project Planning – Before any field work, including construction or ground disturbances can be begun, NEPA compliance and required plan approvals must be completed. Typical plans required for approval includes EPA’s Quality Assurance Project Plan and ADEC’s Assessment and Cleanup Plans.

Assessment or Cleanup Field Work – Upon EPA project officer’s approval, the field work may be conducted in accordance with the approved plans.

Project Closeout – Once the workplan has been completed and final deliverables accepted by EPA, the final project reports must be completed and submitted to the EPA.

D. FUNDING REQUESTS

Eligible entities are strongly encouraged to begin their internal process as early as possible to identify activities for the assistance agreement. Eligible entities are encouraged to talk with the EPA Contaminated ANCSA Lands Assistance Program project officers to discuss proposed activities prior to submission of required information.

Eligible entities must share a draft of the funding request with an EPA project officer in advance of submitting the information via Grants.gov. Initial funding requests must be emailed to the EPA Region 10 project officer.

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

Required Elements 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.

1) Workplan Narrative Description

Narrative Description

a. A written description of the project should include the following information.

b. Title of project.

c. Short summary of applicant’s location, history, culture, and other related background information (i.e., background section).

d. Description of the site and land ownership. The site must be listed on the EPA’s Contaminated ANCSA Sites Inventory. If the applicant is not the owner of the contaminated site(s), then provide documentation that the landowner will provide access to the site and supports taking action to address contamination.

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

f. Description of high‐priority environmental and human health issues that affect the community/applicant, and any specifically related environmental assessment or cleanup efforts conducted to date on the contaminated ANCSA lands.

g. Description of any data collection efforts, sampling, and/or analysis.

h. Description of how the project funded will further the goals and priorities of the EPA Contaminated ANCSA Lands Assistance and the State of Alaska’s Contaminated Sites Cleanup Program.

i. List any other federal funding or grants which may be active at the same time as the EPA Contaminated ANCSA Lands Assistance Program cooperative agreement.

Narrative Description Continued

j. An organizational chart may help demonstrate capacity to successfully manage the cooperative agreement, as well as help to identify any organizational or personal conflicts of interests.

k. For consortia, non-profit organizations, or Alaska Native corporations — provide a statement that the proposed work is essential to member tribes in implementing planning, assessment, and initial cleanup activities beyond what individual communities or tribal governments would be able to conduct individually.

2) Workplan Components or Tasks In addition to a workplan narrative description, the funding request must include a description of the specific activities. Workplan activities should be organized by components (i.e., Program Management/Oversight, Community Engagement, Assessment, and/or clean up).

Workplan Components

In accordance with 40 CFR Part 35.507 the work plan must include 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 equivalents).

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, and final performance reports).

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

Cooperatvie Agreement Project

Manager Tribal Applicant

Qualified Environmental

Professional Organization

Field Work Contractor

Organization

Other support contractors

Organization

Community Liaision

Organization

Applicants may use the sample format for each task/activity as shown in the table below. Additional workplan templates or a sample format is available by contacting the EPA Contaminated ANCSA Lands Assistance Program.

Task/Activity:

i. Project Implementation Assistance agreement funded tasks/activities

ii. Anticipated Project Schedule:

iii. Task/Activity Lead:

iv. Outputs/Outcomes

i. Project Implementation

• Discuss the eligible tasks/activities that will take place under this assistance agreement.

• Make sure to include the tasks/activities associated with cooperative agreement administration and required reporting.

• If you plan to issue a subaward(s), indicate what tasks/activities or services will be provided.

ii. Anticipated Project and Reporting Schedule

Discuss the anticipated schedule and timing for the assistance agreement funded activities. Discuss and outline quarterly reporting requirements and other project tracking activities.

iii. Task/Activity Lead

For each task/activity, identify the lead entity(ies) overseeing the various activities (i.e., the applicant, qualified environmental professional, or other identified entity). If an entity(ies) other than the applicant is the lead, explain why the lead entity(ies) (and not the applicant) is appropriate to oversee the activity(ies).

iv. Outputs and Outcomes

Identify, and quantify as appropriate, the anticipated outputs/deliverables and environmental/public health outcomes for each task/activity.

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

Applicants must include specific statements describing the environmental results of the proposed project in terms of well-defined outputs and, to the maximum extent practicable, well-defined outcomes.

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: The term “outputs” refers to an environmental activity, effort, 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: The term “outcomes” refers to the result, effect, or consequence that will occur from carrying out the activities under the grant. Outcomes may be environmental, behavioral, health- related, or programmatic; must be qualitative or quantitative, although may not necessarily be achievable during the project period.

3) Detailed Budget The budget must include sufficient detail 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 the following details.

• 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.

• If the applicant receives income from activities conducted through the grant, include an estimate of the income anticipated for the year.

Please remember to provide information on how cost estimates for each component or task were developed per budget category and indicate costs per unit where appropriate.

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. For more information on this category, see EPA’s Interim General budget guidance.

Fringe Benefits

Fringe Benefits are allowances and services provided by employers to their employees as compensation in addition to regular salaries and wages. Again, for a complete discussion of this budget category, see EPA’s Interim General budget guidance.

Supplies, Contracts, and Other

Refer to EPA’s Interim General budget guidance for information on these budget categories.

Equipment

Equipment is defined in 2 CFR Part 200.1 as tangible, non-expendable, personal property having a useful life of more than one year and an acquisition cost of $5,000 or more per unit.

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

Indirect Cost Rate

Applicants who want to include indirect costs as part of a proposed budget must submit a copy of the organization’s current, approved Indirect Cost Rate Agreement with the Grants.gov application and to the EPA Region 10 Grants and Interagency Agreement Branch.

Eligible entities may use the sample table format below to present plans to allocate grant funds for tasks/activities described in the Detailed Work Plan.

Sample Format for Budget Eligible entities may use the sample table format below to develop detailed budgets to support workplan goals. Please only include costs to be covered by this EPA assistance agreement in the detailed budget table. A template is available by contacting the EPA project officer.

Description Quantity Rate TOTAL

Personnel

TOTAL PERSONNEL

Fringe Benefits

TOTAL FRINGE

Travel

TOTAL TRAVEL

Equipment

TOTAL EQUIPMENT

Supplies

TOTAL SUPPLIES

Contractual

TOTAL CONTRACTUAL

Other

TOTAL OTHER

Indirect Costs

TOTAL INDIRECT

TOTAL PROJECT COST

E. Returning Grantees Any current cooperative agreement recipients requesting new funds must submit a summary of the current status of awarded Contaminated ANCSA Lands Assistance Program funds AND any other EPA grant funds currently being used to address contaminated ANCSA lands.

Programmatic Capabilities

For previous awardees

Programmatic Capability To be provided only if specifically requested by the project officer.

a. EPA may request demonstration of Programmatic

Capability if the returning grant recipient has experienced key staff turnover or has open programmatic review findings.

b. 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 you have had adverse audit findings. If you had problems with the administration of any grants or cooperative agreements, describe how you have corrected, or are correcting the problems.

F. OTHER APPLICATION REQUIREMENTS

SAM.gov

SAM.gov For applicants considering this program, please ensure that your organization’s SAM.gov registration and unique entity ID are current.

Detailed information about EPA’s Contaminated ANCSA Lands Assistance Program is available in the SAM.gov Assistance Listings.

https://sam.gov/content/entity-registration https://sam.gov/fal/040fea5cb4584ab098f2fc7bad556dfc/view https://sam.gov/fal/040fea5cb4584ab098f2fc7bad556dfc/view

Grants.gov To submit a final application package, eligible entities must be registered with Grants.gov. Only Authorized Organization Representatives (AORs) in grants.gov can submit application materials.

If you need to register your organization, please allow up to four weeks to complete registration. For grants.gov support, call or email the Grants.gov Support Center, available 24 hours a day, 7 days a week at 1-800-518-4726 or support@grants.gov.

The project officer who reviews your proposal will invite your organization to submit a complete application package in grants.gov after completing the proposal review process.

Grants.gov

V. TERMS AND CONDITIONS

The Contaminated ANCSA Lands Assistance Program will provide funds as cooperative agreements. A cooperative agreement is an assistance agreement used when there is substantial federal involvement throughout the performance of the project. Cooperative agreements include programmatic and administrative terms and conditions. EPA will negotiate the terms and conditions of substantial involvement as part of the award process.

This may include technical assistance and collaboration on program development, and prior approvals for site-specific activities.

A. EPA SUBSTANTIAL INVOLVEMENT

Substantial Involvement

Substantial involvement, includes but is not limited to:

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

2) EPA staff participation in meetings, webinars, and similar events upon the request of the recipient.

3) EPA project officer and staff may consult with other federal, state, and local governments regarding project’s compliance with applicable laws and regulations. If requirements are not included in the EPA approved workplan, the recipient may need to amend their workplan accordingly. Examples include ensure compliance with the National Environmental Policy Act (NEPA), including National Historic Preservation Act (NHPA) and Endangered Species Act (ESA).

https://www.grants.gov/register https://www.grants.gov/support mailto:support@grants.gov

B. QUALITY ASSURANCE PROJECT PLAN (QAPP)

QAPP

Requirements

If project scope includes conducting any environmental measurements such as sampling and data compilation activities (i.e., soil sampling, baseline water quality, etc.), or use of existing environmental data, they must submit a Quality Assurance Project Plan (QAPP) to the EPA.

A QAPP must be approved by EPA before conducting any environmental measurements.

Quality Assurance applies to all assistance agreements involving environmental information as defined in 2 CFR Part 1500.12 Quality Assurance.

Any subawards involving environmental information issued under this agreement must include appropriate quality requirements. The recipient shall ensure sub-award recipients develop and implement Quality Assurance (QA) planning document[s] in accordance with this term and condition; and/or ensure sub-award recipients implement all applicable approved QA planning documents.

Quality Assurance does not permit the recipient to follow an EPA QAPP from an organization outside of the recipient/sub-recipient structure.

QAPP Resources

Websites providing more information on EPA’s Quality Assurance Program and requirements for assistance agreements can be obtained by contacting your Region 10 project officer and/or reviewing the following websites — EPA’s Quality Assurance Project Plans for Tribes in Region 10 and Implementation of Quality Assurance Requirements for Organizations Receiving EPA Financial Assistance.

For more information on EPA’s Contaminated ANCSA Lands Assistance Program, refer to EPA’s Contamination on ANCSA Conveyed Lands website.

https://www.epa.gov/r10-tribal/quality-assurance-project-plans-tribes-region-10 https://www.epa.gov/r10-tribal/quality-assurance-project-plans-tribes-region-10 https://www.epa.gov/grants/implementation-quality-assurance-requirements-organizations-receiving-epa-financial https://www.epa.gov/grants/implementation-quality-assurance-requirements-organizations-receiving-epa-financial https://www.epa.gov/r10-tribal/contamination-ancsa-conveyed-lands

C. INELIGIBLE USE OF FUNDS