Brownfields Training, Research, and Technical Assistance Grants and Cooperative Agreements

Brownfield sites are real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant. CERCLA Section 104(k)(7) provides EPA with authority for

The technical assistance grant recipients help communities and stakeholders address their brownfield sites, and increase their understanding and involvement in brownfields cleanup, revitalization and reuse. The technical assistance is funded by EPA and available to all stakeholders free of charge.

For certain competitive funding opportunities under this assistance listing, the Agency may limit eligibility to compete to a number or subset of eligible applicants consistent with the Agency's Assistance Agreement Competition Policy. Under CERCLA Section 104(k)(7), EPA may provide financial assistance to eligible entities and other nonprofit organizations. CERCLA 104(k)(1) defines eligible entities as: a general purpose unit of local government; a land clearance authority or other quasi-governmental entity that operates under the supervision and control of, or as an agent of, a general purpose unit of local government; a government entity created by a State legislature; a regional council or group of general purpose units of local government; a redevelopment agency that is chartered or otherwise sanctioned by a State; a State (note CERCLA 107(27) defines term "State" to include territories or possessions over which the United States has jurisdiction); a Federally recognized Indian Tribe other than in Alaska; an Alaska Native Regional Corporation, Alaska Native Village Corporation and the Metlakatla Indian Community; Intertribal consortia, except consortia comprised of ineligible Alaskan tribes; nonprofit organizations exempt from taxation under section 501(c)(3) of the Internal Revenue Code, Limited liability corporation in which all managing members are 501(c)(3) nonprofit organizations or limited liability corporations whose sole members are 501(c)(3) nonprofit organizations, Limited liability partnership in which all general partners are 501(c)(3) nonprofit organizations or limited liability corporations whose sole members are 501(c)(3) nonprofit organizations, and qualified community development entities as defined in section 45D(c)(1) of the Internal Revenue Code of 1986. Other nonprofit organizations that do not have 501(c)(3) tax exempt status are also eligible for training, research, and technical assistance grants. For the purposes of the Brownfields Grant Program, the term "other nonprofit organization" consistent with 2 CFR 200.1 means any corporation, trust, association, cooperative, or other organization that is operated mainly for scientific, educational, service, charitable, or similar purpose in the public interest and is not organized primarily for profit; and uses net proceeds to maintain, improve, or expand the operation of the organization. The term includes nonprofit institutions of higher education. However, nonprofit organizations described in Section 501(c)(4) of the Internal Revenue Code that engage in lobbying activities as defined in Section 3 of the Lobbying Disclosure Act of 1995 are not eligible to apply. For profit organizations are not eligible to apply.

Cooperative agreement-funded activities will benefit the community members and local stakeholders who are proximate to brownfield sites (whether in an urban, suburban or rural setting) including local governments, non-profit organizations, quasi-public nonprofits, residents, local business owners, community groups, universities and colleges, industry, other public and private institutions, individuals, states and tribes.

Funds awarded under Section 104(k)(7) of CERCLA must be used for training, research, and technical assistance to individuals and organizations, to facilitate the inventory of brownfields properties, site assessments, cleanup of brownfields properties, community involvement, or site preparation. Cooperative agreements are available to support recipients' eligible and allowable direct costs incurred under an approved workplan plus allowable programmatic costs, in accordance with established EPA policies and regulations. Costs incurred under CERCLA Section 104(k)(7) cooperative agreements may not be used for a penalty or fine, a Federal cost-share requirement, a response cost for which the recipient of the cooperative agreement is potentially liable under CERCLA Section 107, or the cost of complying with a Federal law, with the exception of the costs of laws applicable to cleanup of brownfield sites. Administrative costs, including indirect costs, are limited to 5% of the amount of EPA funding as required by CERCLA Section 104(k)(5)(E).

Grant funds cannot be used for the payment of administrative costs, including all indirect costs and direct costs for grant administration, in excess of five (5) percent of the total amount of EPA grant funding, with the exception of financial and performance reporting costs which are considered allowable programmatic costs and not subject to the 5% limitation.

The assistance is available for 180+ days. EPA generally funds cooperative agreements incrementally on a 12-month basis. However, EPA may fully fund any cooperative agreement at the time of award. EPA will negotiate the project period with each applicant based on project requirements and satisfactory performance. The project period can range anywhere from two to five years. The anticipated period of performance for the Technical Assistance to Brownfields (TAB) cooperative agreements is five years. The anticipated period of performance for other technical assistance, research or training grants is usually up to five years, but may be fewer than five years, or up to seven years, depending on the specific terms of the cooperative agreement.

EPA financial assistance programs and activities subject to intergovernmental review that are subject to review under State single point of contact procedures are identified at https://www.epa.gov/grants/epa-financial-assistance-programs-subject-executive-order-12372-and-section-204. Applicants for programs or activities subject to Intergovernmental Review that are not subject to State single point of contact review must provide directly affected State, areawide, regional, and local entities at least 60 days to review their application following notification by EPA that the application has been selected for funding as provided by 40 CFR 29.8(a) and (c). Regarding pre-application assistance with respect to competitive funding opportunities under this assistance listing, EPA will generally specify the nature of the pre-application assistance, if any, that will be available to applicants in the NOFO. For additional information, contact the individual(s) listed in the NOFO.

The evaluation and selection criteria for competitive awards under this assistance listing will be described in the NOFO.

For competitive awards, EPA will review and evaluate applications in accordance with the terms, conditions, and criteria stated in the NOFO. Competitions will be conducted in accordance with EPA policies/regulations for competing assistance agreements. Final approval of applications is made by EPA. Award of grant funds are generally made by EPA Regional Award Officials.

For competitive awards, deadlines will be specified in the competitive announcement.

Approximately 180 days.

Extensions are subject to EPA approval.

Assistance agreement competition-related disputes will be resolved in accordance with the dispute resolution procedures published in 70 FR (Federal Register) 3629, 3630 (January 26, 2005). Copies of these procedures may also be found at https://www.epa.gov/grants/grant-competition-dispute-resolution-procedures.