OFFICE
OF THE CHIEF OF ENGINEERS, DEPARTMENT OF THE ARMY, DEPARTMENT OF
DEFENSE
AUTHORIZATION:
Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA)
of 1980, Public Law 96-510, as amended, 10 U.S.C. 2810; Superfund
Amendments and Reauthorization Act of 1986, Section 211(d), Public
Law 99-499.
To
reimburse each State and territory for their costs incurred by providing
technical services in support of Department of Defense Environmental
Restoration Program activities. This program seeks to facilitate
State and territory participation in expediting cleanup at DoD hazardous
waste sites, and to foster relations between States, military services,
Defense agencies and DoD.
TYPES
OF ASSISTANCE:
Project Grants. Place Cursor Here for Definition
USES
AND USE RESTRICTIONS:
State/territorial
services that qualify for payment under the program include the
following types of assistance provided by the State/territory commencing
at site identification and continuing through operation and maintenance
as well as any other activities that are funded by DERA: 1. Technical
review, comments and recommendations on all documents or data required
to be submitted to the State/territory under an agreement between
the State/territory and a DoD component, all documents or data that
a DoD component requests the State/territory to review, and all
documents or data that are provided by a DoD component to the State/territory
for review as a result of a request from the State/territory made
under applicable State/territorial law; 2. identification and explanation
of State/territorial applicable or relevant and appropriate requirements
related to response actions at DoD installations; 3. site visits
to review DoD response actions and ensure their consistency with
appropriate requirements, or in accordance with site-specific requirements
established in other agreements between the State/territory and
DoD Component; 4. participation in cooperation with DoD in the conduct
of public education and public participation activities in accordance
with Federal and State/territorial requirements for public involvement;
5. services provided at the request of DoD in connection with participation
in technical review committees; 6. preparation and administration
of a cooperative agreement (CA) to implement this agreement, including
the estimates of State/territorial costs; and 7. other services
that the State/territory will provide that are set out in the DSMOA
or are included in installation-specific cleanup agreements. The
DSMOA program does not include costs incurred prior to October 16,
1986. Funded from DERA, BRAC 1, BRAC 91, and Defense stock funds
and will soon include selected formerly used Defense site activities.
ELIGIBILITY
REQUIREMENTS:
Applicant
Eligibility: State and territorial governments
only.
Beneficiary
Eligibility: State and territorial governments,
local governments, public nonprofit organization/institution,
public institution/organization, profit organization, private
nonprofit institution/organization.
Credentials/Documentation:
Applicants must enter into a Defense/State Memorandum of Agreement
(54 FR 31358-31362, July 28, 1989).
Pre-application
Coordination: This program is eligible for coverage
under E.O. 12372, "Intergovernmental Review of Federal Programs."
An applicant should consult the office or official designated as
the single point of contact in his or her State for more information
on the process the State requires to be followed in applying for
assistance, if the State has selected the program for review.
Application
Procedure: Administration of CAs will be in
accordance with Office of management and Budget (OMB) Circular
No. A-102, Grants and Cooperative Agreements with State and Local
Governments, and Title 32 CFR 278, Office of the Secretary of
Defense, Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments. A State/territory will
submit a complete application package for Federal assistance,
consisting of Standard Form 424 (SF 424) and attachments, including
a proposal narrative, the signed DSMOA, and a project management
plan. The State/territory's application must also include a description
of the type and amount of support services that the State/territory
plans to provide for each installation covered in the DSMOA for
the specific award period of the CA. CAs will be awarded for a
term of two years, based on an annual estimate of requirements.
Applications will be accepted after signature of the DSMOA by
both parties; DoD processing time for applications is expected
to be two months. The Corps of Engineers, as executive agent for
DASD(E) will accept the application, review it, and make a decision
as to the award. This CA agreement, when signed by both the Head
of the Agency signing on behalf of the State/territory, and approved
by the chief of engineers, comprises the contractual relationship
between the DoD and the State/territory. States/territories may
request funds in accordance with the methods outlined in OMB Circular
No. A-102 and 32 CFR 278. These documents provide for the following
methods of payment: (1) Advances; and (2) reimbursement; and a
State/territory may request a payment method in its cooperative
agreement application. Allowable costs will be determined in accordance
with OMB Circular No. A-87, Cost Principles for State and Local
Governments. Specific services to be provided by the State/territory
will be as described in the DSMOA. Auditing of State/territorial
programs will be accomplished in accordance with OMB Circular
No. A-128, Audits of State and Local Governments. DoD DASD(E)
will invite State/territories to sign DSMOAs and submit applications
for CAs.
Award
Procedure: Reimbursement will be accomplished,
using Federal procedures for CAs, with State/territories that
have signed DSMOAs. Eligible activities are limited to those authorized
for the Defense Environmental Restoration Program (DERP), and
funded by the Defense Environmental Restoration Account (DERA),
Sections 2701 et seq., of Title 10 U.S.C., and as specified in
the DSMOA. In general, these activities will be centralized in
the Office of the Deputy Assistant Secretary of Defense (Environment)
with the assistance of the Army Corps of Engineers who will administer
the program on a day to day basis. CAs will be awarded for a term
of two years, based on annual estimate of requirements. Applications
will be accepted after signature of the DSMOA by both parties;
processing time for applications is expected to be two months.
The Deputy Assistant Secretary of Defense (Environment) (DASD(E))
will approve the DMOSA, and the Corps of Engineers accept the
application, review it, and make a decision as to the award. This
CA agreement, when signed by the Head of the Agency signing on
behalf of the State/territory, and approved by the Corps of engineers,
comprises the contractual relationship between the DoD and the
State/territory. States may request funds in accordance with the
methods outlined in OMB Circular No. A-102 and 32 CFR 278. These
documents provide for the following methods of payment: (1) Advances;
and (2) Reimbursement; and a State may request either payment
method in its cooperative agreement application.
Deadlines:
For receipt of funds in any given year a complete application
must be received by June 1.
Range
of Approval/Disapproval Time: 30 to 60 days.
Appeals:
For applications not approved, the Army Corps of Engineers (managing
office of the program) will work with applicants to complete applications.
Renewals:
None.
ASSISTANCE
CONSIDERATIONS:
Formula
and Matching Requirements: This program has
no statutory formula.
Length
and Time Phasing of Assistance: Two years.
Annual budgets are prepared and reimbursement or advances are
awarded on a quarterly basis.
POST
ASSISTANCE REQUIREMENTS:
Reports:
Quarterly financial and technical reports by object class and installation.
Audits:
In accordance with the provisions of OMB Circular No. A- 133 (Revised,
June 24, 1997), "Audits of States, Local Governments, and Nonprofit
Organizations," non federal entities that expend financial assistance
of $300,000 or more in Federal awards will have a single or a
program-specific audit conducted for that year. Nonfederal entities
that expend less than $300,000 a year in Federal awards are exempt
from Federal audit requirements for that year, except as noted
in Circular No. A-133.
Records:
Copies of State's expenditures by installations quarterly.
FINANCIAL
INFORMATION:
Account
Identification: 96-8008-0-1-250.
Obligations:
(Salaries and Expenses) FY 01 $663,000; FY 02 est $1,500,000;
and FY 03 est $1,700,000. (Cooperative Agreements) FY 01 $26,883,400;
FY 02 est $39,952,600; and FY 03 est $41,844,600.
Range
and Average of Financial Assistance: $104,000 to $11,400,000.
In fiscal year 2001, four States and territories have entered the
program for a total of 44 States in the program to date.
REGULATIONS,
GUIDELINES, AND LITERATURE:
FR Vol. 54, No. 144, July 18, 1989 - 31358-31362 for detailed information
on program.
INFORMATION
CONTACTS:
Regional
or Local Office: Not applicable.
Headquarters
Office: Robert Lubbert, CEMP-RI, 20 Massachusetts
Avenue, NW., Washington, DC 20314. Telephone: (202) 504-4950.
Web
Site Address: http://www.usace.army.mil/business.html
EXAMPLES
OF FUNDED PROJECTS:
Thirty eight States and 4 territories have entered into the program;
27 awards have been made.
CRITERIA
FOR SELECTING PROPOSALS:
(1) That the State/territory has DoD installations, currently owned
by DoD that are being cleaned up under the Defense Environmental
Restoration Program; (2) that the State/territory has entered into
a DSMOA; (3) total project costs are under ceiling allowed for the
CA, directly proportional to the amount; and (4) proposed work and
work to be reimbursed is directly attributable to eligible DoD installations
and not otherwise reimbursed by other Federal funding sources.
