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FEDERAL · 40 CFR

Part 35 — State and Local Assistance

481 sections · Title 40: Protection of Environment

§ 35.001Applicability.
§ 35.100Purpose of the subpart.
§ 35.101Environmental programs covered by the subpart.
§ 35.102Definitions of terms.
§ 35.104Components of a complete application.
§ 35.105Time frame for submitting an application.
§ 35.107Work plans.
§ 35.108Funding period.
§ 35.109Consolidated grants.
§ 35.110Time frame for EPA action.
§ 35.111Criteria for approving an application.
§ 35.112Factors considered in determining award amount.
§ 35.113Reimbursement for pre-award costs.
§ 35.114Amendments and other changes.
§ 35.115Evaluation of performance.
§ 35.116Direct implementation.
§ 35.117Unused funds.
§ 35.118Unexpended balances.
§ 35.130Purpose of Performance Partnership Grants.
§ 35.132Requirements summary.
§ 35.133Programs eligible for inclusion.
§ 35.134Eligible recipients.
§ 35.135Activities eligible for funding.
§ 35.136Cost share requirements.
§ 35.137Application requirements.
§ 35.138Competitive grants.
§ 35.140Purpose.
§ 35.141Definitions.
§ 35.143Allotment.
§ 35.145Maximum federal share.
§ 35.146Maintenance of effort.
§ 35.147Minimum cost share for a Performance Partnership Grant.
§ 35.148Award limitations.
§ 35.160Purpose.
§ 35.161Definition.
§ 35.162Basis for allotment.
§ 35.165Maintenance of effort.
§ 35.168Award limitations.
§ 35.170Purpose.
§ 35.172Allotment.
§ 35.175Maximum federal share.
§ 35.178Award limitations.
§ 35.190Purpose.
§ 35.192Basis for allotment.
§ 35.195Maximum federal share.
§ 35.198Award limitation.
§ 35.210Purpose.
§ 35.212Basis for allotment.
§ 35.215Maximum federal share.
§ 35.218Award limitation.
§ 35.230Purpose.
§ 35.232Basis for allotment.
§ 35.235Maximum federal share.
§ 35.240Purpose.
§ 35.242Basis for allotment.
§ 35.245Maximum federal share.
§ 35.250Purpose.
§ 35.251Basis for allotment.
§ 35.252Maximum federal share.
§ 35.260Purpose.
§ 35.265Maximum federal share.
§ 35.266Maintenance of effort.
§ 35.268Award limitations.
§ 35.270Purpose.
§ 35.272Funding coordination.
§ 35.290Purpose.
§ 35.292Basis for allotment.
§ 35.295Maximum federal share.
§ 35.298Award limitations.
§ 35.310Purpose.
§ 35.312Basis for allotment.
§ 35.315Maximum federal share.
§ 35.318Award limitation.
§ 35.330Purpose.
§ 35.332Basis for allotment.
§ 35.335Maximum federal share.
§ 35.340Purpose.
§ 35.342Competitive process.
§ 35.343Definitions.
§ 35.345Eligible applicants.
§ 35.348Award limitation.
§ 35.349Maximum federal share.
§ 35.360Purpose.
§ 35.362Competitive process.
§ 35.364Maximum federal share.
§ 35.380Purpose.
§ 35.382Competitive process.
§ 35.385Maximum federal share.
§ 35.400Purpose.
§ 35.402Allotment.
§ 35.405Maintenance of effort.
§ 35.408Award limitations.
§ 35.410Purpose.
§ 35.412Allotment.
§ 35.415Maximum federal share.
§ 35.418Award limitations.
§ 35.419Purpose.
§ 35.420Basis for allotment.
§ 35.421Maximum federal share.
§ 35.500Purpose of the subpart.
§ 35.501Environmental programs covered by the subpart.
§ 35.502Definitions of terms.
§ 35.503Exceptions from this subpart.
§ 35.504Eligibility of an Intertribal Consortium.
§ 35.505Components of a complete application.
§ 35.506Time frame for submitting an application.
§ 35.507Work plans.
§ 35.508Funding period.
§ 35.509Consolidated grants.
§ 35.510Time frame for EPA action.
§ 35.511Criteria for approving an application.
§ 35.512Factors considered in determining award amount.
§ 35.513Reimbursement for pre-award costs.
§ 35.514Amendments and other changes.
§ 35.515Evaluation of performance.
§ 35.516Direct implementation.
§ 35.517Unused funds.
§ 35.518Unexpended balances.
§ 35.530Purpose of Performance Partnership Grants.
§ 35.532Requirements summary.
§ 35.533Programs eligible for inclusion.
§ 35.534Eligible recipients.
§ 35.535Activities eligible for funding.
§ 35.536Cost share requirements.
§ 35.537Application requirements.
§ 35.538Project period.
§ 35.540Purpose.
§ 35.542§ 35.542 Definitions. [Reserved]
§ 35.543Eligible recipients.
§ 35.545Eligible activities.
§ 35.548Award limitations.
§ 35.570Purpose.
§ 35.572Definitions.
§ 35.573Eligible Tribe.
§ 35.575Maximum federal share.
§ 35.576Maintenance of effort.
§ 35.578Award limitation.
§ 35.580Purpose.
§ 35.582Definitions.
§ 35.583Eligible recipients.
§ 35.585Maximum federal share.
§ 35.588Award limitations.
§ 35.600Purpose.
§ 35.603Competitive process.
§ 35.604Maximum federal share.
§ 35.610Purpose.
§ 35.613Competitive process.
§ 35.615Maximum federal share.
§ 35.630Purpose.
§ 35.632Definition.
§ 35.633Eligibility requirements.
§ 35.635Maximum federal share.
§ 35.636Maintenance of effort.
§ 35.638Award limitations.
§ 35.640Purpose.
§ 35.641Eligible recipients.
§ 35.642Maximum federal share.
§ 35.645Basis for allotment.
§ 35.646Purpose.
§ 35.649Maximum federal share.
§ 35.650Purpose.
§ 35.653Eligible recipients.
§ 35.655Basis for allotment.
§ 35.659Maximum federal share.
§ 35.660Purpose.
§ 35.661Competitive process.
§ 35.662Definitions.
§ 35.663Eligible recipients.
§ 35.668Award limitation.
§ 35.669Maximum federal share.
§ 35.670Purpose.
§ 35.672Definition.
§ 35.673Annual amount reserved by EPA.
§ 35.675Maximum federal share.
§ 35.676Eligible recipients.
§ 35.678Award limitations.
§ 35.680Purpose.
§ 35.682Definition.
§ 35.683Annual amount reserved by EPA.
§ 35.685Maximum federal share.
§ 35.686Eligible recipients.
§ 35.688Award limitations.
§ 35.690Purpose.
§ 35.691Funding coordination.
§ 35.693Eligible recipients.
§ 35.700Purpose.
§ 35.702Basis for allotment.
§ 35.703Eligible recipients.
§ 35.705Maximum federal share.
§ 35.708Award limitations.
§ 35.710Purpose.
§ 35.712Competitive process.
§ 35.713Eligible recipients.
§ 35.715Maximum federal share.
§ 35.718Award limitation.
§ 35.720Purpose.
§ 35.723Competitive process.
§ 35.725Maximum federal share.
§ 35.730Purpose.
§ 35.731Eligible recipients.
§ 35.732Basis for allotment.
§ 35.735Maximum federal share.
§ 35.736Purpose.
§ 35.737Basis for allotment.
§ 35.738Maximum federal share.
§ 35.2000Purpose and policy.
§ 35.2005Definitions.
§ 35.2010Allotment; reallotment.
§ 35.2012Capitalization grants.
§ 35.2015State priority system and project priority list.
§ 35.2020Reserves.
§ 35.2021Reallotment of reserves.
§ 35.2023Water quality management planning.
§ 35.2024Combined sewer overflows.
§ 35.2025Allowance and advance of allowance.
§ 35.2030Facilities planning.
§ 35.2032Innovative and alternative technologies.
§ 35.2034Privately owned individual systems.
§ 35.2035Rotating biological contractor (RBC) replacement grants.
§ 35.2036Design/build project grants.
§ 35.2040Grant application.
§ 35.2042Review of grant applications.
§ 35.2050Effect of approval or certification of documents.
§ 35.2100Limitations on award.
§ 35.2101Advanced treatment.
§ 35.2102Water quality management planning.
§ 35.2103Priority determination.
§ 35.2104Funding and other considerations.
§ 35.2105Debarment and suspension.
§ 35.2106Plan of operation.
§ 35.2107Intermunicipal service agreements.
§ 35.2108Phased or segmented treatment works.
§ 35.2109Step 2 + 3.
§ 35.2110Access to individual systems.
§ 35.2111Revised water quality standards.
§ 35.2112Marine discharge waiver applicants.
§ 35.2113Environmental review.
§ 35.2114Value engineering.
§ 35.2116Collection system.
§ 35.2118Preaward costs.
§ 35.2120Infiltration/Inflow.
§ 35.2122Approval of user charge system and proposed sewer use ordinance.
§ 35.2123Reserve capacity.
§ 35.2125Treatment of wastewater from industrial users.
§ 35.2127Federal facilities.
§ 35.2130Sewer use ordinance.
§ 35.2140User charge system.
§ 35.2152Federal share.
§ 35.2200Grant conditions.
§ 35.2202Step 2 + 3 projects.
§ 35.2203Step 7 projects.
§ 35.2204Project changes.
§ 35.2205Maximum allowable project cost.
§ 35.2206Operation and maintenance.
§ 35.2208Adoption of sewer use ordinance and user charge system.
§ 35.2210Land acquisition.
§ 35.2211Field testing for Innovative and Alternative Technology Report.
§ 35.2212Project initiation.
§ 35.2214Grantee responsibilities.
§ 35.2216Notice of building completion and final inspection.
§ 35.2218Project performance.
§ 35.2250Determination of allowable costs.
§ 35.2260Advance purchase of eligible land.
§ 35.2262Funding of field testing.
§ 35.2300Grant payments.
§ 35.2350Subagreement enforcement.
§ 35.3000Purpose.
§ 35.3005Policy.
§ 35.3010Delegation agreement.
§ 35.3015Extent of State responsibilities.
§ 35.3020Certification procedures.
§ 35.3025Overview of State performance under delegation.
§ 35.3030Right of review of State decision.
§ 35.3035Public participation.
§ 35.3100Policy and purpose.
§ 35.3105Definitions.
§ 35.3110Fund establishment.
§ 35.3115Eligible activities of the SRF.
§ 35.3120Authorized types of assistance.
§ 35.3125Limitations on SRF assistance.
§ 35.3130The capitalization grant agreement.
§ 35.3135Specific capitalization grant agreement requirements.
§ 35.3140Environmental review requirements.
§ 35.3145Application of other Federal authorities.
§ 35.3150Intended Use Plan (IUP).
§ 35.3155Payments.
§ 35.3160Cash draw rules.
§ 35.3165Reports and audits.
§ 35.3170Corrective action.
§ 35.3500Purpose, policy, and applicability.
§ 35.3505Definitions.
§ 35.3510Establishment of the DWSRF program.
§ 35.3515Allotment and withholdings of funds.
§ 35.3520Systems, projects, and project-related costs eligible for assistance from the Fund.
§ 35.3525Authorized types of assistance from the Fund.
§ 35.3530Limitations on uses of the Fund.
§ 35.3535Authorized set-aside activities.
§ 35.3540Requirements for funding set-aside activities.
§ 35.3545Capitalization grant agreement.
§ 35.3550Specific capitalization grant agreement requirements.
§ 35.3555Intended Use Plan (IUP).
§ 35.3560General payment and cash draw rules.
§ 35.3565Specific cash draw rules for authorized types of assistance from the Fund.
§ 35.3570Reports and audits.
§ 35.3575Application of Federal cross-cutting authorities (cross-cutters).
§ 35.3580Environmental review requirements.
§ 35.3585Compliance assurance procedures.
§ 35.4000Authority.
§ 35.4005What is a Technical Assistance Grant?
§ 35.4010What does this subpart do?
§ 35.4011Do the general grant regulations apply to TAGs?
§ 35.4012If there appears to be a difference between the requirements of 2 CFR Parts 200 and 1500 and this subpart, which regulations should my group follow?
§ 35.4015Do certain words in this subpart have specific meaning?
§ 35.4020Is my community group eligible for a TAG?
§ 35.4025Is there any way my group can get a TAG if it is currently ineligible?
§ 35.4030Can I be part of a TAG group if I belong to an ineligible group?
§ 35.4035Does EPA use the same eligibility criteria for TAGs at “Federal facility” sites?
§ 35.4040How many groups can receive a TAG at one Superfund site?
§ 35.4045What requirements must my group meet as a TAG recipient?
§ 35.4050Must my group contribute toward the cost of a TAG?
§ 35.4055What if my group can't come up with the “matching funds?”
§ 35.4060How much money can my group receive through a TAG?
§ 35.4065How can my group get more than $50,000?
§ 35.4070How can my group spend TAG money?
§ 35.4075Are there things my group can't spend TAG money for?
§ 35.4080Does my group get a lump sum up front, or does EPA reimburse us for costs we incur?
§ 35.4085Can my group get an “advance payment” to help us get started?
§ 35.4090If my group is eligible for an advance payment, how do we get our funds?
§ 35.4095What can my group pay for with an advance payment?
§ 35.4100Can my group incur any costs prior to the award of our grant?
§ 35.4105What is the first step for getting a TAG?
§ 35.4106What information should an LOI include?
§ 35.4110What does EPA do once it receives the first LOI from a group?
§ 35.4115After the public notice that EPA has received an LOI, how much time does my group have to form a coalition or submit a separate LOI?
§ 35.4120What does my group do next?
§ 35.4125What else does my group need to do?
§ 35.4130What must be included in my group's budget?
§ 35.4135What period of time should my group's budget cover?
§ 35.4140What must be included in my group's work plan?
§ 35.4145How much time do my group or other interested groups have to submit a TAG application to EPA?
§ 35.4150What happens after my group submits its application to EPA?
§ 35.4155How does EPA decide whether to award a TAG to our group?
§ 35.4160What does EPA do if more than one group applies for a TAG at the same site?
§ 35.4161Does the TAG application process affect the schedule for work at my site?
§ 35.4165When does EPA award a TAG?
§ 35.4170What kinds of reporting does EPA require?
§ 35.4175What other reporting and record keeping requirements are there?
§ 35.4180Must my group keep financial records after we finish our TAG?
§ 35.4185What does my group do with reports our technical advisor prepares for us?
§ 35.4190How does my group identify a qualified technical advisor?
§ 35.4195Are there certain people my group cannot select to be our technical advisor, grant administrator, or other contractor under the grant?
§ 35.4200What restrictions apply to contractors my group procures for our TAG?
§ 35.4205How does my group procure a technical advisor or any other contractor?
§ 35.4210Must my group solicit and document bids for our procurements?
§ 35.4215What if my group can't find an adequate number of potential sources for a technical advisor or other contractor?
§ 35.4220How does my group ensure a prospective contractor does not have a conflict of interest?
§ 35.4225What if my group decides a prospective contractor has a conflict of interest?
§ 35.4230What are my group's contractual responsibilities once we procure a contractor?
§ 35.4235Are there specific provisions my group's contract(s) must contain?
§ 35.4240What provisions must my group's TAG contractor comply with if it subcontracts?
§ 35.4245How does my group resolve a disagreement with EPA regarding our TAG?
§ 35.4250Under what circumstances would EPA terminate my group's TAG?
§ 35.4255Can my group terminate our TAG?
§ 35.4260What other steps might EPA take if my group fails to comply with the terms and conditions of our award?
§ 35.4265How does my group close out our TAG?
§ 35.4270Definitions.
§ 35.4275Where can my group get the documents this subpart references (for example Whitehouse OMB circulars, eCFR and tag Web site, EPA HQ/Regional offices, grant forms)?
§ 35.6000Authority.
§ 35.6005Purpose and scope.
§ 35.6010Indian Tribe and intertribal consortium eligibility.
§ 35.6015Definitions.
§ 35.6020Requirements for both applicants and recipients.
§ 35.6025Exceptions from this subpart.
§ 35.6050Eligibility for pre-remedial Cooperative Agreements.
§ 35.6055State-lead pre-remedial Cooperative Agreements.
§ 35.6060Political subdivision-lead pre-remedial Cooperative Agreements.
§ 35.6070Indian Tribe-lead pre-remedial Cooperative Agreements.
§ 35.6100Eligibility for remedial Cooperative Agreements.
§ 35.6105State-lead remedial Cooperative Agreements.
§ 35.6110Indian Tribe-lead remedial Cooperative Agreements.
§ 35.6115Political subdivision-lead remedial Cooperative Agreements.
§ 35.6120Notification of the out-of-State or out-of-an-Indian-Tribal-area-of-Indian-country transfer of CERCLA waste.
§ 35.6145Eligibility for enforcement Cooperative Agreements.
§ 35.6150Activities eligible for funding under enforcement Cooperative Agreements.
§ 35.6155State, political subdivision or Indian Tribe-lead enforcement Cooperative Agreements.
§ 35.6200Eligibility for removal Cooperative Agreements.
§ 35.6205Removal Cooperative Agreements.
§ 35.6215Eligibility for Core Program Cooperative Agreements.
§ 35.6220General.
§ 35.6225Activities eligible for funding under Core Program Cooperative Agreements.
§ 35.6230Application requirements.
§ 35.6235Cost sharing.
§ 35.6240Eligibility for support agency Cooperative Agreements.
§ 35.6245Allowable activities.
§ 35.6250Support agency Cooperative Agreement requirements.
§ 35.6260Combining Cooperative Agreement sites and activities.
§ 35.6270Standards for financial management systems.
§ 35.6275Period of availability of funds.
§ 35.6280Payments.
§ 35.6285Recipient payment of response costs.
§ 35.6290Program income.
§ 35.6300General personal property acquisition and use requirements.
§ 35.6305Obtaining supplies.
§ 35.6310Obtaining equipment.
§ 35.6315Alternative methods for obtaining property.
§ 35.6320Usage rate.
§ 35.6325Title and EPA interest in CERCLA-funded property.
§ 35.6330Title to federally owned property.
§ 35.6335Property management standards.
§ 35.6340Disposal of CERCLA-funded property.
§ 35.6345Equipment disposal options.
§ 35.6350Disposal of federally owned property.
§ 35.6400Acquisition and transfer of interest.
§ 35.6405Use.
§ 35.6450General requirements.
§ 35.6500General requirements.
§ 35.6550Procurement system standards.
§ 35.6555Competition.
§ 35.6565Procurement methods.
§ 35.6570Use of the same engineer during subsequent phases of response.
§ 35.6575Restrictions on types of contracts.
§ 35.6580§ 35.6580 [Reserved]
§ 35.6585Cost and price analysis.
§ 35.6590Bonding and insurance.
§ 35.6595Contract provisions.
§ 35.6600Contractor claims.
§ 35.6605Privity of contract.
§ 35.6610Contracts awarded by a contractor.
§ 35.6650Progress reports.
§ 35.6655Notification of significant developments.
§ 35.6660Property inventory reports.
§ 35.6665§ 35.6665 [Reserved]
§ 35.6670Financial reports.
§ 35.6700Project records.
§ 35.6705Records retention.
§ 35.6710Records access.
§ 35.6750Modifications.
§ 35.6755Monitoring program performance.
§ 35.6760Remedies for noncompliance and termination.
§ 35.6765Non-Federal audit.
§ 35.6770Disputes.
§ 35.6775Exclusion of third-party benefits.
§ 35.6780Closeout.
§ 35.6785Collection of amounts due.
§ 35.6790Specific conditions.
§ 35.6800Superfund State Contract.
§ 35.6805Contents of an SSC.
§ 35.6815Administrative requirements.
§ 35.6820Conclusion of the SSC.
§ 35.9000Applicability.
§ 35.9005Purpose.
§ 35.9010Definitions.
§ 35.9015Summary of annual process.
§ 35.9020Planning targets.
§ 35.9030Work program.
§ 35.9035Budget period.
§ 35.9040Application for assistance.
§ 35.9045EPA action on application.
§ 35.9050Assistance amount.
§ 35.9055Evaluation of recipient performance.
§ 35.9060Maximum Federal share.
§ 35.9065Limitations.
§ 35.9070National program assistance agreements.
§ 35.10000Purpose.
§ 35.10005Definitions.
§ 35.10010Limitations on assistance.
§ 35.10015Application process.
§ 35.10020Small community set-aside.
§ 35.10025Federal requirements.
§ 35.10026Federal flood risk management standard.
§ 35.10030American iron and steel.
§ 35.10035Labor standards.
§ 35.10040Investment-grade ratings.
§ 35.10045Threshold criteria.
§ 35.10050Use of existing financing mechanisms.
§ 35.10055Selection criteria.
§ 35.10060Term sheets and approvals.
§ 35.10065Closing on the credit agreement.
§ 35.10070Credit agreement.
§ 35.10075Reporting requirements.
§ 35.10080Fees.