U.S. ENVIRONMENTAL PROTECTION AGENCY CHESAPEAKE BAY PROGRAM GRANT AND COOPERATIVE AGREEMENT GUIDANCE \ ^P*/ Chesapeake Bay Program A Watershed Partnership *» l, J* •f i i \ t T 4"''•-—--<•...._ * ™»JI? *1Jto* *t-*«H*ifc-fe»s* October 2009 Updates to this Guidance are indicated in "bold" •*• ------- U.S. Environmental Protection Agency Chesapeake Bay Program Grant and Cooperative Agreement Guidance The attached guidance -- the Chesapeake Bay Program Grant and Cooperative Agreement Guidance — dated October 2009 is hereby issued pursuant to EPA Delegation No. 2-46 Chesapeake Bay Program, which delegates the Director of the Chesapeake Bay Program the Authority to promulgate Agency Guidance for grants issued under Clean Water Act Section 117. ape, Director apea'ke Bay Program Office ------- TABLE OF CONTENTS FORWARD 1 THE CHESAPEAKE BAY PROGRAM: AN OVERVIEW 1 INTRODUCTION TO THE GUIDANCE DOCUMENT .....4 COMPETITION PROCESS 6 ASSISTANCE AGREEMENT GUIDANCE 7 A. AUTHORITY .......7 B. APPLICATION REQUIREMENTS 8 C. WORK PLAN 10 1. Work Plan Content 11 a. 117(d) - Technical and General Assistance Grants, 117(e)(l)(B) - Monitoring Grants to States/Signatory Jurisdictions, and 117(g)(2) Technical and General Assistance Grants under the Small Watershed Grants Program 11 b. 117(e)(l)(A) - Signatory Jurisdiction Implementation and 117 (d) Headwater Grants 12 2. Progress Report Narrative and Work Plan and Progress Made Performance Results Under Assistance Agreements 12 D. ADDITIONAL REQUIREMENTS SPECIFICALLY FOR SIGNATORY JURISDICTION IMPLEMENTATION AND HEADWATER STATE GRANTS 13 1. Data Submission Schedules , 13 2. Tributary Strategy Implementation Plan 14 3. Geographic Targeting of Watersheds 14 4. Wetland Data 15 E. QUALITY ASSURANCE 16 1. Quality Management Plan 17 2. Quality Assurance Project Plan 17 F. OUTPUTS AND OUTCOMES 18 1. Progress and Final Report Outputs 17 2. Data/Information and Document Outputs 18 3. Program Management Outputs 19 FINANCIAL 19 A. COST SHARE REQUIREMENTS 19 B. EPA IN-KIND 20 C. FEDE_RALFINANCIAL REPORT (FFR) 20 POST AWARD MONITORING 21 CONCLUSION 21 ------- UPDATED October 2009 Attachments 1 — Chesapeake 2000 Agreement 2 — Estuaries and Clean Water Act, Section 117 3 —- Chesapeake 2000 Commitments and CAP Goals, CAP Topic Areas, CAP Activity Categories 4— Work Plan Content Template (Blank Form to be used for all Assistance Agreements) and Sample Work Plans for 1) Section 117 (e)(l)(A) - Chesapeake Bay Implementation Grants to States/Signatory Jurisdictions or Section 117 (d) - Headwater State Grants; 2) Section 117(e)(l)(B) - Monitoring Grants to States/Signatory Jurisdiction Agreements, Section 117(d) - Technical and General Assistance Grants, and 117(g)(2) - Technical and General Assistance Grants under the Small Watershed Grants Program 5— Progress Report Narrative and Work Plan and Progress Made Performance Results under Assistance Agreements Templates (Blank Forms to be used for all Assistance Agreements) and Sample Work Plan and Progress Made Reports for 1) Section 117 (e)(l)(A) - Chesapeake Bay Implementation Grants to States/Signatory Jurisdictions or Section 117(d) - Headwater State Grants; 2) Section 117(e)(l)(B) - Monitoring Grants to States/Signatory Jurisdiction Agreements. Section 117(d) - Technical and General Assistance Grants, and 117(g)(2) - Technical and General Assistance Grants under the Small Watershed Grants Program 6-— CBP Wastewater Facility & Nonpoint Source Data Submission Specifications and Requirements 7.__ CBP Quality Assurance Guidelines and Requirements 8 — CBP Guidance and Policies for Data, Information and Document Outputs Submission 9A- Toxics Data Acquisition Specifications 9B - Data Submission Questionnaire 10- U.S. EPA Region III CBP Administrative Cost Cap Worksheet ------- FOREWORD This guidance represents the way that the U.S. EPA, Region Ill's Chesapeake Bay Program Office (CBPO) administers funds to focus on the restoration and protection of the Chesapeake Bay Watershed. The purpose of this guidance is to present organizations with the best possible information needed to apply for funding. It provides a sound framework to attain successful assistance agreements that work toward achieving the goals set forth in the first Chesapeake Bay Agreement of 1983 and subsequent agreements. This guidance will be revised and redistributed periodically, as legislative, regulatory, or other changes need to be incorporated. Some changes are being made to this guidance based on new Agency policies and Program direction. These changes are "bolded" for easier interpretation. If you should have any questions regarding the new changes, please contact your Project Officer. THE CHESAPEAKE BAY PROGRAM: AN OVERVIEW The Chesapeake Bay Program (CBP) is a unique regional partnership that has been directing and conducting the restoration of the Chesapeake Bay since the signing of the historic 1983 Chesapeake Bay Agreement. Considered a national and international model for estuarine research and restoration programs, the Bay Program is led by the Chesapeake Executive Council — the governors of Maryland, Virginia and Pennsylvania; the mayor of the District of Columbia; the administrator of the U.S. Environmental Protection Agency, and the chair of the Chesapeake Bay Commission, a tri-state legislative body. The Executive Council meets annually to establish the policy direction for the Bay and its living resources in implementing the Chesapeake Bay agreements. As the largest estuary in the United States and one of the most productive in the world, the Chesapeake was this nation's first estuary targeted for restoration and protection. In the late 1970s, a congressionally funded $27 million five-year study was conducted when scientists began to observe the loss of living resources, and the public became concerned about environmental degradation in general. The study identified the main source of the Bay's degradation as an oversupply of nutrients entering the Bay, and advocated programs that would limit nutrient loadings from point sources such as wastewater treatment plants and non-point sources such as fertilizers running off farmland. The study pinpointed three areas requiring immediate attention: nutrient over-enrichment, dwindling underwater Bay grasses and toxic pollution. Once the initial research was completed, the Bay Program evolved as the means to restore this exceptionally valuable resource. The term "Chesapeake Bay Agreement" means the formal, voluntary agreements executed to achieve the goal of restoring and protecting the Chesapeake Bay ecosystem and its living resources and signed by the Chesapeake Executive Council. The following is an overview of the history of the Bay Program. The original Chesapeake Bay Agreement, a simple, one-page document pledging the partners to work together to restore the Chesapeake Bay, was signed in 1983 by the group that later became known as the Chesapeake Executive Council. ------- In the 1987 Chesapeake Bay Agreement, the Executive Council set a goal to reduce the nutrients entering the Bay by 40% by the year 2000. Achieving this nutrient reduction goal would ultimately improve the oxygen levels in Bay waters and encourage aquatic life to flourish. The Chesapeake Bay Program Office, established by the EPA, was first authorized under the Clean Water Act in 1987. In 1992, the Chesapeake Executive Council agreed to maintain the 40% reduction goal beyond the year 2000 and to attack nutrients at their source - upstream in the Bay's tributaries. As a result, Pennsylvania, Maryland, Virginia, and the District of Columbia began developing tributary strategies to achieve the nutrient reduction targets. In 1994, the Bay Program completed its reevaluation of its Basinwide Toxics Reduction Strategy in order to better understand the impact toxics have on the Bay's resources. The Strategy was further refined, rewritten and signed by the Executive Council in 2000 - the Toxics 2000 Strategy. In July 1994, high-level federal officials from 25 agencies and departments signed the Agreement of Federal Agencies on Ecosystem Management in the Chesapeake Bay. The historic agreement outlined specific goals and commitments by federal agencies on federal lands throughout the watershed, as well as new cooperative efforts by federal agencies elsewhere. The 1994 Federal agreement was built and upon and expanded in 1998 with the signing of the Federal Agencies Comprehensive Ecosystem Unified Plan (FACEUP), which had specific numerical goals for Federal agencies and Federal lands. After more than a year in the making, the Chesapeake Executive Council came together on June 28, 2000, to sign a historic new agreement. The Chesapeake 2000 agreement lays the foundation and sets the course for the Bay's restoration and protection for the next decade and beyond. In addition to the commitment to continue to meet goals set forth by previous agreements, this new agreement lays out five goals: (1) Living Resource Protection and Restoration; (2) Vital Habitat Protection and Restoration; (3) Water Quality Protection and Restoration; (4) Sound Land Use, and (5) Stewardship and Community Engagement. Each goal provides specific target dates and measurable objectives to achieve better results for a cleaner, more productive Bay (see Attachment 3).. The governors of New York and Delaware committed to the water quality goals of the Chesapeake 2000 agreement by signing a multi-jurisdictional Memorandum of Understanding (MOU) with the EPA, Pennsylvania, Maryland, Virginia and the District of Columbia in 2000. West Virginia signed on to the MOU in 2002. In addition to these agreements, each year the Chesapeake Executive Council meets to reaffirm its commitment to the restoration of the Chesapeake Bay, sometimes signing, new Directives and/or Adoption Statements (they can be found at www.chjesa2eake^aj[.net). The Executive Council most recently met on May 12, 2009, and announced the release of a Presidential Executive Order (EO 13508) that mandates increased federal leadership following extensive coordination with the jurisdictions. EO 13508 also mandates development of a coordinated implementation strategy and an annual action plan. -2- ------- In 2008, the Chesapeake Bay Program developed the Chesapeake Action Plan (CAP). The CAP is outlined in a report that the Bay Program submitted to Congress titled Strengthening the Management, Coordination and Accountability of the Chesapeake Bay Program. (htt|Dl//caj).chj;^ The CAP was developed to strengthen and expand partnerships in the watershed, enhance coordination of restoration activities, and increase the collective accountability for protecting the Chesapeake Bay. The CAP includes four primary components: 1) a strategic framework that outlines how partners will pursue the restoration and protection goals of the Bay and its Watershed; 2) the Chesapeake Registry (formerly known as the Activity Integration Plan) that catalogues partners resources and activities being undertaken and planned; 3) dashboards containing annual targets toward the Chesapeake 2000 goals, strategic analysis of challenges and future emphasis, and summaries of actions and funding; 4) an adaptive management process that begins to identify how the information will provide input to partner actions and priorities. The resources and activities contained in the Chesapeake Registry include grant information. Through improved management systems, integrated strategy, and a better ability to link priorities, activities, and resources across the partnership, these tools will help partners achieve a more effective Bay- program and partnership. As a means to achieve these goals and commitments, the U.S. EPA awards assistance agreements (grants/cooperative agreements) to state water pollution control agencies, interstate agencies, other public or nonprofit agencies, institutions, organizations and individuals. For more complete information on eligibility, see the Assistance Agreement Guidance, A. Authority section, pp 6-7. The type of projects awarded range from the monitoring of bay grasses to environmental education. These projects have helped support the commitments set forth since the historic Chesapeake Bay Agreement of 1983 to the current Chesapeake 2000 and will continue for the next decade and beyond. The Chesapeake Bay Program link to EPA's Strategic Plan is Goal 4: Healthy Communities and Ecosystems, Objective 4.3: Ecosystems, Sub-objective 4.3.4: Improve Aquatic Health of the Chesapeake Bay. To better implement the water quality goal of the Chesapeake 2000 agreement by 2011, EPA established strategic targets to prevent pollution and protect aquatic systems so that the overall health of the Chesapeake Bay ecosystem is improved. The strategic targets are as follows: * SP-33: By 2011, achieve 45 percent (83,250 acres) of the 185,000 acres of submerged aquatic vegetation necessary to achieve Chesapeake Bay water quality standards. • SP-34: By 2011, achieve 40 percent (29.92 km3) of the long-term restoration goal of 100 percent attainment of the dissolved oxygen water quality standards in all tidal waters of the Bay. • SP-35:By 2011, achieve 59 percent (95.88 million pounds) of the implementation goal for nitrogen reduction practices necessary to achieve Chesapeake Bay water quality standards, expressed as nitrogen reduction in relation to achieving a 162.5 million pound reduction from 1985 levels (based on long-term average hydrology simulations). • SP 36: By 2011, achieve 74 percent (10.63 million pounds) of the implementation goal for phosphorus reduction practices necessary to achieve Chesapeake Bay water quality - 3 - ------- standards, expressed as phosphorus reduction in relation to achieving a 14.36 million pound reduction from 1985 levels (based on long-term average hydrology simulations) • SP 37: By 2011, achieve 74 percent (1.25 million tons) of the implementation goal for sediment reduction practices necessary to achieve Chesapeake Bay water quality standards, expressed as sediment reduction in relation to achieving a 1.69 million ton reduction from 1985 levels (based on long-term average hydrology simulations). INTRODUCTION TO THE GUIDANCE DOCUMENT This guidance document has been developed to assist applicants for assistance agreements (grants and cooperative agreements) to support the Chesapeake Bay Program goals. Please note, throughout 2008 the Chesapeake Bay and Watershed Monitoring Networks are undergoing an external review process through the Chesapeake Bay Program's Scientific and Technical Advisory Committee. The U.S. EPA CBPO will take into account recommendations from that review which could affect the structure of work plans and applications for the upcoming grant cycle. However, the review and recommendations will not be completed in time for the publication of this grant guidance document. Upon completion of the Chesapeake Bay and Watershed Monitoring Networks review and consideration of subsequent recommendations provided by the external review in January 2009, any recommendations from the review will be negotiated between the recipient and the Agency's Project Officer. This guidance has been revised to incorporate requirements and explanations of new and existing EPA Orders and Directives. Excerpts from new and recently revised EPA Orders and Directives that require this guidance to be updated are as follows: "Effective October 1, 2009, EPA grantees should begin using the new SF-425, Federal Financial Report (FFR), to report on the financial status of their grants. The FFR replaces the SF-269 and SF-269a, Financial Status Report (FSR), and the SF-272 and SF272a, Federal Cash Transactions Report. A blank, fillable FFR is available at the Las Vegas Finance Center's (LVFC) website: httJii/M23^ "EPA's Final Disadvantaged Business Enterprise (DBE) Rule, effective May 25, 2008". "The DBE Rule renames EPA's Minority Business Enterprise/Women's Business Enterprise (MBE/WBE) Program as the "Disadvantaged Business Enterprise (DBE) Program". The DBE Rule imposes stricter requirements (and more flexibility in some cases) for EPA's grant recipients, sub-recipients, and loan recipients (and the prime contractors of these three entities) when they procure sendees, supplies, equipment, and construction under assistance agreements with EPA. The DBE Program requirements will apply to EPA financial assistance agreements/grants awarded on or after May 25, 2008. (Note: Individual grants awarded before May 27, 2008 will remain subject to EPA's MBE/WBE Program requirements as specified in the MBE/WBE Terms & Conditions.) EPA's Office of Small Business Programs notified all grant recipients about the publication of the Agency's Final DBE Rule in the Federal Register as well as the rule's effective date. This regulation has since been posted on EPA's website and DBE Program Fact Sheets will soon be accessible by the public at that .4. ------- same website location." Region III assistance awards approved on or after May 25, 2008 will include the new DBE Terms & Conditions. EPA Order 5700.2. Implementation Order to Streamline Small Grants expired on February 15, 2008. The Order is otherwise known as the Small Grants Policy (agreements of $100.000 or less) and was rescinded because the Agency has been unable to fully implement the provisions for streamline application review due to the changed oversight concerns of the OIG, Congress, and GAO." "EPA Order 5700.8, Policy on Assessing Capabilities of Non-Profit Applicants for Managing Assistance Awards, effective March 24, 2005". A non-profit organization's administrative capability is reviewed after the Request for Proposal evaluation process is complete, and after the selection recommendation has been made. Non-profit applicants that are recommended for funding will be subject to pre-award administrative capability reviews consistent with Sections 8b, 8c and 9d of EPA Order 5700.8. A link to this Order is located at: http://www.epa. go v/o gd/grants/a ward/5 70Q_8. pdf. The Order, in Section 7(c), defines non-profit organizations as any corporation, trust, association. cooperative, or other organization which: (1) is operated primarily for scientific, educational, service, charitable or similar purposes in the public interest; (2) is not organized primarily for profit; (3) uses its net proceeds to maintain, improve, and/or expand its operations; and (4) is subject to 40 CFR Part 30. The term does not include: colleges and universities as defined under Office of Management Budget (OMB) Circular A-21; State, local and federally-recognized Indian Tribal governments; hospitals; and organizations considered as similar to concerns under Attachment C to OMB Circular A-122. Applicable staff in the EPA Grants and Chesapeake Bay Program offices and the non-profit applicant will coordinate their efforts to assure that the requirements of EPA Order 5700.8 are met. "EPA Order 5700.7, Environmental Results under EPA Assistance Agreements, effective January 1, 2005 established new Agency policy/procedures for awarding assistance agreements. This policy was established for making assistance agreements 1) more results-oriented and aligned with EPA's Strategic Plan; 2) ensure that outputs and outcomes are appropriately addressed in assistance agreement competitive funding announcements, work plans and performance reports (quarterly; semi-annual; draft; and final); and 3) consider how the results from completed assistance agreement projects contribute to the Agency's programmatic goals and objectives." The recipient and the Project Officer will coordinate their efforts to assure the programmatic work plans and performance reports meet the requirements of EPA Order 5700.7. "EPA Order 5700.5A1, Policy for Competition of Assistance Agreements, effective January 15, 2005 establishes the EPA policy and requirements for the competition of assistance agreements." This EPA policy promotes competition to the maximum extent practicable in the award of assistance agreements. Applicable EPA staff involved in the preparation of the Requests for Proposals (RFP) and selection process must adhere to the requirements of this Order. "EPA Order 5700.6A2 CHG 2, Policy on Compliance, Review, and Monitoring, effective January 1, 2008" restates and establishes EPA standards for the oversight, monitoring, and -5- ------- closeout of EPA assistance agreements (grants and cooperative agreements)". The purpose of monitoring is to provide for the effective oversight of recipient performance and management. It is the Project Officer's responsibility with recipient participation to conduct monitoring reviews and to review interim (quarterly; semi-annual; final) performance reports during and at closeout of the assistance award. This Order replaces, rescinds, and supersedes EPA Order 5700. 6A1, "Policy on Compliance, Review and Monitoring," and GPI-92-04, "EPA Closeouts Policy for Grants and Cooperative Agreements". "Subaward Policy, effective May 15, 2007, requires all new awards and supplemental amendments awarded on or after May 15 must meet the requirements of the Directive. The purpose of this Directive is to strengthen the management of subawards made by recipients under EPA assistance agreements (grants and cooperative agreements). Areas addressed include the establishment of an administrative national term and condition, eligibility, special considerations for specific types of subawards, subaward competition, and distinctions between procurement contracts and subawards. The EPA Project Officer is responsible for reviewing proposed subaward work specified in an assistance agreement application work plan, or work plan changes requiring prior approval, in order to ensure compliance with the Subaward Directive and in accordance with cost review guidance provided/approved by EPA Headquarters Office; ensuring that proposed subaward work is for an authorized assistance purpose and not to acquire goods and services for use by the recipient; obtaining necessary Headquarters consent for work to be performed in a foreign country or any work by a foreign recipient or international organization; and informing the recipient of any program-specific restrictions or statutory restrictions on subawards." In the past, this Guidance document has been provided to potential applicants on an annual basis. To reduce paperwork and the need for an annual review, starting in Fiscal Year 2005, this guidance is being revised and redistributed periodically as legislative, regulatory, or other changes need to be incorporated. The EPA Chesapeake Program Office hopes that this will make this process easier for all applicants. This Guidance is posted on the following website: )ajJ£v/j£gi^^ COMPETITION PROCESS Effective January 15. 2005, EPA Order 5700. 5A1, Policy for Competition of Assistance Agreements, establishes EPA policy and requirements for the competition of assistance agreements. The authority for this Order is the Federal Grant and Cooperative Act of 1977, as amended, 31 U.S.C. 6301(3). Effective October 1 , 2006, grants.gov is available for electronic submission of proposal/applications under competitive announcements issued by the Chesapeake Bay Program Office (CBPO). CBPO's competitive grant announcements (RFPs) will include appropriate instructions on how to submit proposal(s). Hard copy and email submission directly to CBPO are still allowed. Please follow the instructions in the RFPs for specific submission guidance. -6- ------- The EPA employs several mechanisms to promote an open and competitive process in support of the Federal Grant and Cooperative Agreement of 1977, which "encourages" Agency managers to seek out competition in the selection of recipients of Assistance Agreements. The EPA CBPO competes funds through Requests for Proposals (RFPs) for (1) single year activities to support priorities or (2) multi-year activities to support CBP functions or priorities. Due to budget limitations, EPA CBPO is not issuing RFPs on a regular basis. Single-Year Activities Each Spring, EPA CBPO may announce the RFP for single- year activities through e-mails, mailings, and website postings. These requested .proposals are in support of the Chesapeake 2000 Agreement, prior Chesapeake Bay Agreements and all Executive Council Directives and Adoption Statements. The goal is to solicit proposals that further the protection and restoration of living resources, vital habitat and water quality, the promotion of sound land use practices and the engagement of individuals and communities throughout the Chesapeake Bay watershed. Multi-Year Activities The intent of the EPA CBPO is to provide grants/cooperative agreements for related activities that have been grouped together for effective delivery through a multi-year grant competition process. The multi-year RFPs that may be issued will be competed and awarded for a period of up to five years. EPA intends to continue this approach since it balances the need for competition with the benefit of continuity. If you are interested in receiving any of the above RFPs, please contact EPA CBPO at 1-800- YOUR-BAY (968-7229) and request to be added to the RFP database. Your Project Officer can answer any questions you have regarding this competitive process. All of CBPO's RFPs are posted on the following website: Mlpj//www.e^^ ASSISTANCE AGREEMENT GUIDANCE Applying for assistance agreements involves the development of a work plan, filling out a federal application and certifications and providing budget information. This guidance contains the following sections: A. AUTHORITY This section describes the legal authorization that allows EPA to provide these funds to organizations. On November 7, 2000, the President signed the Estuaries and Clean Waters Act of 2000, which includes Title II-Chesapeake Bay Restoration (see Attachment 2). This Act amends Section 1 17 of the Federal Water Pollution Control Act (Clean Water Act) and establishes new authorities for the Chesapeake Bay Prqgram. These new legal authorities specify the type of work that can be performed with the funds appropriated for the Chesapeake Bay Program, the type of funding vehicles (e.g., assistance agreement) that can be used, and the type of organization eligible to - 7 - ------- receive funding. The purposes of these amended authorities are: (1) to expand and strengthen cooperative efforts to restore and protect the Chesapeake Bay; and (2) to achieve the goals established in the Chesapeake Bay Agreement. The term "Chesapeake Bay Agreement" means the formal, voluntary agreements signed by the Chesapeake Executive Council and executed to achieve the goal of restoring and protecting the Chesapeake Bay ecosystem (e.g., the 1987 Chesapeake Bay Agreement, Chesapeake 2000 agreement, various Executive Council directives. etc.). Section 117(g)(2) authorizes the Small Watershed Grants Program which provides grants to local governments, nonprofit organizations and individuals in the Chesapeake Bay region working on a local level to protect and improve watersheds, .while building citizen-based resource stewardship. The purpose of the grants program is to demonstrate effective techniques and partnership-building to achieve Chesapeake Bay Program objectives at the small watershed scale. The Small Watershed Grants Program has been designed to encourage the sharing of innovative ideas among the many organizations wishing to be involved in watershed protection activities. Section 117(e)(l)(A) authorizes EPA to award Chesapeake Bay Implementation Grants to State/Signatory Jurisdictions and Section 117(e)(l)(B) authorizes EPA to award Monitoring Grants for State/Signatory Jurisdictions. The Implementation Grants are for the purpose of implementing the management mechanisms established under the Chesapeake Bay Agreement, with particular emphasis on state programs for control and abatement of non- point source nutrient and sediment pollution (including atmospheric deposition as a non- point source). In May 2009, jurisdictions adopted 2-year milestones to accelerate reductions of nutrient pollution. Grants should support implementation of milestones commitments and comparable actions that support nutrient reduction goals. If jurisdictions do not use 117(e)(l)(A) grants for projects consistent with Chesapeake 2000 Agreement goals, EPA may reallocate, condition or withhold funds. These grants can be awarded non-competitively to any signatory jurisdiction that has or will have signed the Chesapeake Bay Agreement. All other Technical Assistance and General Assistance Grants under Section 117(d) will be awarded competitively to nonprofit organizations, State and local governments, colleges, universities, and interstate agencies to implement the goals of the Chesapeake Bay Agreements; such as activities to support living resource protection and restoration; vital habitat protection and restoration; water quality protection and restoration; sound land use; and stewardship and community engagement. B- APPLICATION REQUIREMENTS This section lists all the required documentation and information needed to provide EPA with a complete application. It includes time frames, contacts and address information. All grantees, applying under Section 117(d )&(g)(2) grants, must submit a completed original assistance agreement application with signatures to the Grants and Audit Management Branch (3PM70), U.S. EPA Region III, 1650 Arch Street, Philadelphia, PA 19103-2029. A -8- ------- hard or email copy should also be submitted to the EPA Project Officer, Chesapeake Bay Program Office, 410 Severn Avenue, Suite 109, Annapolis, MD 21403. As of June 10, 2009, for those applying for Section 117(e) grants only, non-competitive grant applications are being accepted by the Region III Grants and Audit Management Branch (GAMB) via scanned pdfs through a designated electronic mail box (EMB). The address is: E^SlKiSLAESMsMMMMfS^^I.' Applicants can use this EMB in lieu of hard copy submissions. The EPA Project Officer should be courtesy copied on any submissions through EMB. Note: We understand grants.gov may be back up and running sometime in 2010. We will notify you once grants.gov is made available for use. In the interim, please continue preparing solicitations with the hard copy and email submission. For new awards, the application must be submitted for review at least 90 'days before the proposed start date and 60 days before the proposed start date for continuation awards or amendments. State and Local Governments receiving assistance under any of the provisions of Section 117 must comply with 40 CFR Part 31 and all other applicants must comply with 40 CFR Part 30. An electronic version of the application, application forms and checklists can be found on the Internet at: \M^:/lwv:fv^.ega.^!doS^L- Office of Office of Management & Budget Circulars may be found at: tUjx//www^ A complete application must include the following components to be considered for review: 1. Transmittal letter signed by the applicant 2. Standard Form (SF) 424 - with Intergovernmental Review (Executive Order 12372 Process) documented by date and original signature of authorized representative 3. SF 424-A 4. Budget detail 5. SF424-B 6. A fully descriptive work plan, which includes: A) Work Plan Content Narrative (see Attachment 4 for Sample Work Plan Content Template (to be used for all assistance agreement work plans) and two Samples of Completed Work Plan Templates: 1) for Section 117(e)(l )(A) - Chesapeake Bay Implementation Grants to States/Signatory Jurisdictions or Section 117(d) - Headwater State Grants; 2) for 117(d) - Technical and General Assistance Grants, 117 (e)(l)(B) -Monitoring Grants to State/Signatory Jurisdiction Agreements, and 117(g)(2) - Technical and General Assistance Grants under the Small Watershed Grants Program . B) Progress Report Narrative and Work Plan and Progress Made Performance Results Under Assistance Agreements Templates to be used for all assistance agreement work plans. (See Attachment 5 for 1) Blank Templates and 2) two Samples of Completed Work Plan and Progress Made Results Under Assistance Agreements templates for: 1) Section 117 (e)(l)(A) - Chesapeake Bay Implementation Grants to States/Signatory Jurisdictions or Section 117(d) - Headwater State Grants; 2) Section 117(e)(l)(B) - Monitoring Grants to ------- States/Signatory Jurisdiction Agreements, Section 117(d) - Technical and General Assistance Grants, and 117(g)(2) - Technical and General Assistance Grants under the Small Watershed Grants Program.) 7. Quality Management and Quality Assurance Project Plans - required if proposal accepted. (See Attachment 7) 8. Current indirect cost agreement - must use lower indirect cost rate if staff are on-site at the EPA Chesapeake Bay Program Office in Annapolis, MD. 9. Certification Regarding Lobbying 10. SF LLL (Disclosure of Lobbying Activities) 11. EPA Form 5700-49 Debarment/Suspension Certification 12. EPA Form 4700-4 Pre-award Compliance Review Report 13. Administrative Cap Worksheet (see Attachment 10) - In accordance with the Paper Reduction Act, a revised worksheet is provided and will no longer be required to submit as an attachment to the Application for Federal Assistance (SF424). The worksheet is to assist you in calculating allowable administrative costs. The Budget Detail of your Application for Federal Assistance (SF-424) should reflect how your administrative costs will comply with the cap. In addition, this sample worksheet does not apply to Small Watershed Grants awarded under the authority. ofCWA 117f g)(2)(A). Any incomplete application may delay processing. In addition, the recipient can expect an award after all administrative and programmatic issues are resolved and the State Intergovernmental Review comment period has been met. Grant awards or amendments for additional funding will not be approved by EPA until all deliverables from previous or current grants are completed, unless a specific written agreement to complete all previous overdue deliverables has been approved by the Project Officer prior to the proposed award date. C. WORK PLAN This section describes what is expected in the work plan of an application. On January 1, 2005, EPA issued a new Order 5700.7. The Order states that an Assistance Agreement work plan must be negotiated to ensure that the Work Plan contains well-defined outputs and, to the maximum extent practicable, well-defined outcomes. Definitions of output and outcome are as follows: a. "Output" means 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 specific date. Outputs may be quantitative but must be measurable during an assistance agreement-funding period. b. "Outcome" means the result, effect or consequence that will occur from carrying out an environmental program or activity that is related to an environmental programmatic goal or objective. Outcomes may be environmental, behavioral, health-related or programmatic in nature, must be quantitative, and may not necessarily be achievable within an assistance agreement-funding period. - 10- ------- For all proposals competed through the Chesapeake Bay Program, the Work Plan should include original proposal language and format (unless there are changes to the scope agreed to by the Project Officer and the grantee, in writing). If an assistance agreement application contains more than one competed proposal, an introductory paragraph should describe the overall strategy your organization has developed for completing all of the tasks. Additionally, for any proposals associated with the multi-year grants (e.g., local government, small watershed, communications, etc.) the Work Plan should provide information on the connection between each proposed project and the Chesapeake Bay Program goals and objectives set forth in the Chesapeake Bay Agreement. Prior to approving an assistance agreement work plan, the Agency's Project Officer must ensure that they can link the work plan to EPA's Strategic Plan. Currently the Chesapeake Bay Program has one link to EPA's Strategic Plan, which is Goal 4: Healthy Communities and Ecosystems; Objective 4.3: Ecosystems; and Sub-objective 4.3.4: Improved Aquatic Health of the Chesapeake Bay. This link information must be used wherever it is needed when completing your application and performance reports (quarterly, semi-annual, final). The Work Plan consists of two parts: 1) Work Plan Content; and 2) Work Plan and Progress Made Performance Results Under Assistance Agreements Templates. Explanation of each part is as follows: 1. Work Plan Content Grant recipients should align Work Plans, to the extent possible, with the CBP goal, topic area, and activity category as they appear in "Strengthening the Management, Coordination and Accountability of the Chesapeake Bay Program." These goals, topic areas and activity categories should be referred to when completing the Work Plan. Refer to Attachment 3, page 8 to determine the appropriate goal, topic area and activity category from "Strengthening the Management, Coordination and Accountability of the Chesapeake Bay Program." Additionally, recipients are required to identify the appropriate Chesapeake 2000 commitment. Refer to Attachment 3, pages 1-7 to determine the appropriate Chesapeake 2000 commitment. a. 117(d)- Technical and General Assistance Grants, 117(e)(l)(B) Monitoring Grants to States/Signatory Jurisdictions, and 117(g)(2) Technical and General Assistance Grants under the Small Watershed Grants Program (Attachment 4) Grant recipients submitting Work Plans under Section 117(d) - Technical and General Assistance. 117(e)(l)(B) - Monitoring Grants to States/Signatory Jurisdictions, and 117(g)(2) - Technical and General Assistance Grants under the Small Watershed Grants Program should follow this sample (see Attachment 4). Work Plan Content includes; a) an Introduction (background of your Organization and historical perspective, if any, of work contributing to the restoration of the Chesapeake Bay); b) For each Objective, Work Plan information pertaining to objective goal, supported Chesapeake 2000 commitment and CBP goals, topics, and activity categories, description of project, specific activities and/or outcomes, projected timeline for completion of activities (including a schedule for completion of activities), outputs under -11- ------- objective, anticipated outcomes, evaluation criteria, link to EPA's Strategic Plan, Budget Detail, and Summary of Staff Funded. b. 117(e)(l)(A) - Chesapeake Bay Implementation Grants to Slates/Signatory Jurisdictions or 117(d) Head-water State Grants (Attachment 4) Grant Recipients submitting Work Plans for Chesapeake Bay Implementation Grants to States/Signatory Jurisdictions for Section 117(e)(l)(A) and Section 117(d) Headwater State Grants should follow this sample (see Attachment 4). Work Plan Content includes: a) an Introduction; b) General Information; c) Objectives/Projects [title, budget amount, supported Chesapeake 2000 commitment(s), and CBP goals, topics, and activity categories, objective goal statement, description, history, tasks, outputs, outcomes (linked to Chesapeake 2000 and the jurisdiction's tributary strategy goals) and link to EPA's strategic plan]; d) Budget Detail; and e) Summary of Staff Funded. The Work Plan must include in the Introduction, Attachment 4, a narrative identifying all state and federal funding programs used to address nutrient related activities within the Chesapeake Bay watershed, and the linkages between these funding sources and the objectives/projects funded through the Implementation and Headwater State Grants. This narrative must identify the state and federal point and non-point source programs that are available to fund the jurisdiction's nutrient and sediment reduction efforts and explain how each program is used to address tributary strategy activities. Examples of state and federal programs include, but are not limited to: (1) Clean Water Act, Section 319, Section 104(b)(3) or 106; (2) State Revolving Funds, (3) USDA EQIP and Conservation Reserve (CRP) Programs, (4) State Conservation Reserve Enhancement Program (CREP), and (5) Coastal Zone Management Act Amendments, Section 6217. The Work Plan should focus on those objectives/projects that achieve the goals and milestones contained in both the Chesapeake 2000 Agreement and the jurisdiction's tributary strategies. For outcomes related to the jurisdiction's tributary strategies, please include estimates of reductions in nutrient loads resulting from their implementation, where appropriate. Additionally, each objective/project outcome must link to the specific Chesapeake 2000 commitment(s) being achieved and the amount of funds being allocated to them. If the Work Plan contains long term objectives/projects that exceed one grant cycle, additional information is required. The applicant must provide information on what will be accomplished during the current grant cycle, if the objective/project is on track, the ultimate goal of the objective/project and what has been completed in previous years. It is encouraged that progress on previous objectives/projects be provided in table form, if applicable. 2. Progress Report Narrative and Work Plan and Progress Made Performance Results under Assistance Agreements (Attachment 5) The Progress Report Narrative and Work Plan and Progress Made Performance Results under Assistance Agreements Templates (see Attachment 5) must be completed and be part of the application package. Attachment 5 provides one template and two samples for your use. Please choose the appropriate template to complete for your grant. For the application submittal, -12- ------- complete only the recipient name, assistance number (if known), and project description. Attach the completed Work Plan and Progress Made Performance Results under Assistance Agreements template to the Progress Report Narrative. After the assistance agreement has been awarded, the recipient will need to complete the entire Progress Report Narrative Template and attach the completed Work Plan and Progress Made Performance Results Under Assistance Agreements Template using the most updated and approved work plan information. Submit to the Project Officer when your progress report is due (i.e., quarterly, semi-annually, and final). There will be a programmatic grant condition in your Assistance Agreement award document that specifies the reporting period. The Work Plan and Progress Made Performance Results under Assistance Agreements Template will enable the recipient to document the outputs and outcomes that are included in the application Work Plan. Also, this template will be instrumental in 1) linking work plans to EPA's Strategic Plan, Chesapeake 2000 Commitments and CBP goals, topics and activity categories; 2) providing progress made after the assistance award is approved. The electronic copy of this completed template sent with your application will be used during the project to make any revisions to the Work Plan, if necessary, with the approval of the Agency's Project Officer and to report on progress of outputs and performance. Using these templates will hopefully eliminate the need to repeatedly type the same information each time an interim (quarterly or serni-annually) performance report is due. These templates must be completed and submitted with all Work Plans. D. ADDITIONAL REQUIREMENTS SPECIFICALLY FOR SIGNATORY JURISDICTION IMPLEMENTATION AND HEADWATER STATE GRANTS It is assumed that the results achieved by coordinating Chesapeake Bay Program Implementation and Headwater State Grant activities with other available state and federal programs produces cost effective solutions that meet the current nutrient and sediment reduction cap load allocations and Chesapeake 2000 commitments. The expenditure of public funds requires the ability to justify continuation of the program through a periodic cost effectiveness evaluation. Currently, the accepted accounting measure for justifying fund expenditures uses non-point source BMP implementation, point source and other nutrient and sediment reduction activity information as input data for the CBP Watershed Model (WSM) annual progress runs. 1. Data Submission Schedules Annual progress reporting is an output of this grant. Grant recipients are expected to provide point source and non-point source nutrient and sediment load reduction implementation progress data on the following schedule: December 31, 2010: Data from July 1, 2009 - June 30,2010 This schedule may not apply to the Commonwealth of Virginia which may submit its data in accordance with the Nutrient Allocation Compliance and Reporting requirements under Section 62.1-44.19:18 of the Virginia Code. Those data that are submitted to the CBPO are expected to -13- ------- be complete, quality assured, and in proper format for immediate processing in a CBP WSM annual progress scenario. See Attachment 6 for data specifications and requirements. 2. Tributary Strategy Implementation Plan A joint EPA-USDA Office of Inspector General Evaluation Report (Saving the Chesapeake Bay Watershed Requires Better Coordination of Environmental and Agriculture Resources, EPA OIG Report No. 2007-P-00004; USDA OIG Report No. 50601-10-Hq) issued on November 20, 2006, recommended that EPA/CBPO "Include development of [tributary strategy] implementation plans as a special condition in Chesapeake Bay Program grant agreements for States that have not submitted an implementation plan" (p.44). This Report can be found at wwv^rja^^^ EPA management agreed with this recommendation. Therefore, any signatory jurisdiction implementation or headwater state grant that does not have a tributary strategy implementation plan is directed to work directly with its Project Officer to assure that the tributary strategy implementation and headwater state plans are incorporated into its Work Plan. Detailed information on developing tributary strategies will be negotiated with the Project Officer. AH grantees, applying under Section 117(d )&(g)(2) grants, must submit a completed original assistance agreement application with signatures to the Grants and Audit Management Branch (3PM70), U.S. EPA Region III, 1650 Arch Street, Philadelphia, PA 19103-2029. A hard or email copy should also be submitted to the EPA Project Officer, Chesapeake Bay Program Office, 410 Severn Avenue, Suite 109, Annapolis, MB 21403, As of June 10, 2009, for those applying for Section 117(e) grants only, non-competitive grant applications are being accepted by the Region III Grants and Audit Management Branch (GAMB) via scanned pdfs through a designated electronic mail box (EMB). The address is: R3 Grant ApplicationsfSjepa.gov. Applicants can use this EMB in lieu of hard copy submissions. The EPA Project Officer should be courtesy copied on any submissions through EMB. For Maryland, Virginia and Pennsylvania, if the application is received by April 11, the applicant can expect an award by July 1 of that calendar year, assuming that all administrative and programmatic issues have been resolved. For the District of Columbia only: In order for the grant to be awarded by October 1. a complete application should be received by July 1 following the same procedure outlined above. Other State recipients should submit their assistance agreement 60 days prior to the end of their current grant's Budget Period. 3. Geographic Targeting of Watersheds Grant recipients must give preference to priority watersheds and priority practices that will result in the greatest benefits to water quality in the Bay, consistent with the Chesapeake Bay Program's on-going efforts to use the latest science to identify priority watersheds and practices. - 14- ------- Priority practices are those practices that reduce or prevent the greatest nutrient and sediment loads to the Chesapeake Bay. Priority watersheds are those watersheds that have the greatest influence on Bay water quality. Priority watersheds can include watersheds in greatest need of restoration (where nutrient/sediment loads to the Bay are greatest and the watershed is having a negative impact on water quality) or protection (where nutrient/sediment loads are the lowest and the watershed is having a positive impact on Bay water quality). For example, in agricultural watersheds, grant recipients can give preference to the Chesapeake On-line Adaptive Support Toolkit (COAST) priority agricultural watersheds that have the highest nutrient loadings to the tidal Bay and local nutrient-related impairments and to those practices that have the greatest pollution reduction effectiveness based on the most recent analyses conducted by the Chesapeake Bay Program. 4. Wetland Data Wetland restoration and creation are credited as BMPs in the CBP watershed model, and wetland restoration is both a reporting level indicator for the annual Chesapeake Bay Health and Restoration Assessment, as well as a current program performance dashboard. The CBP needs annual wetland accomplishment data from the State partners in order to update both the model and the communication tools. Accordingly, signatory and headwater states and the District of Columbia will submit wetland information as a deliverable of this grant according to the Data Submission Schedule identified in this guidance. Each State should be submitting only one set of wetland data. States will submit voluntary wetland restoration and regulatory wetland mitigation data via the CBP Wetland Reporting Excel spread sheet which is included in the e-mail notification to data partners at the onset of the data call, October 1s; of each year. Wetland data is to be quality assured by the state wetland data contacts listed below and submitted by December 31 of each year to Jennifer Greiner, greiner.jeimifer@epa.gov, Due to peak wetland field season occurring in the summer months, the reporting period for wetland data will be the annual Water Year, October 1st through September 30th. Information that is sent to Jennifer will be used for the purpose of tracking yearly implementation progress. -15- ------- The following are the responsible wetland data contacts for each state: Mark Biddle (Delaware) DE Dept. of Nat. Resources & Env. Control M^-Mddlei@st (302) 739-9939 Robin Pellicano (Maryland) Maryland Department of the Environment (410)537-4215 In Consultation with Denise Clearwater (Maryland) Maryland Department of the Environment (410)537-3781 Steve Saari (District of Columbia) Watershed Protection Specialist B.C. Department of Environment stevc. saari(g)dc. go v (202)535-2961 Alana Hartman (West Virginia) Potomac Basin Coordinator West Virginia Dept. of Environmental Protection Almia.CJiartmani^wv.gov (304) 822-7266 Melissa Yearick (New York) Upper Susquehanna Coalition Brenda Winn (Virginia) Virginia Department of Environmental Quality (607)734-1915 Dave Goerman (Pennsylvania) Pennsylvania Department of Environmental Protection djsenrian@§i§l£JBSiMS (717)772-5971 In Consultation with Kenn Pattison (Pennsylvania) Pennsylvania Department of Environmental Protection (804)698-4516 (717) 772-5652 E. QUALITY ASSURANCE This section describes specific technical documentation and reporting requirements for assistance agreements that involve the collection or use of environmental data. This includes a description of Quality Management Plans and Quality Assurance Project Plans. - 16- ------- All grants and cooperative agreements that involve the collection and/or use of environmental data must provide documentation of the recipient's quality assurance policies and practices (Quality Management Plan) as well as the detailed quality assurance and quality control procedures and specifications (Quality Assurance Project Plan). Environmental data are defined as direct measurements of environmental conditions or releases, such as sample collection and analysis. Environmental data also include data collected from secondary sources of information, such as computer databases, computer models, literature files and historical databases. Within the Chesapeake Bay Program, direct measurements are collected for surface water, sediment, atmospheric, living resource, and remotely-sensed data. Pre-existing data used to assess the efficiency of implemented management practices (BMPs) and for environmental model development, calibration, verification, and application are also subject to quality assurance requirements. Not all assistance agreements have Quality Assurance requirements. The recipient must work with the Project Officer in advance of submission of an application to determine the need for development and schedule for submission of a Quality Management Plan and Quality Assurance Project Plans. Quality assurance documents must be approved by EPA prior to the initiation of data collection activities. 1. Quality Management Plan In accordance with federal requirements (40 CFR 30.54 and 31.45), the recipient must develop and implement management policies and practices that result in data of adequate quality to meet program objectives. These policies and practices must be documented in a Quality Management Plan. The Quality Management Plan should be prepared in accordance with the EPA requirements. Responsibilities for development of Quality Management Plans, specific guidance and requirements for their development, and schedules for their submission, review and approval are described in more detail in Attachment 7. 2. Quality Assurance Project Plan When the recipient is performing the environmental data collection activity, such as direct measurements, data collection from other sources, or data compilation from computerized data bases and information systems, a Quality Assurance Project Plan must be submitted to the Project Officer along with the draft application or listed as a deliverable to be received at least 30 days prior to the initiation of each data collection or data compilation activity. Responsibilities for development of Quality Assurance Project Plan, specific guidance and requirements for their development, schedules for their submission, review and approval are described in more detail in Attachment 7. - 17- ------- F. OUTPUTS AND OUTCOMES This section describes what specific requirements are needed to produce and submit outputs. 1. Progress and Final Report Outputs Quarterly or semi-annual and final progress reports are document outputs that must be included in each Work Plan and comply with EPA Order 5700.7, Environmental Results for Assistance Agreements. These reports must contain a Project Narrative that documents the progress made in achieving the objectives of project work plans as presented in the application. Each report will contain 1) a comparison of actual accomplishments with the anticipated outputs and outcomes; 2) reasons why anticipated outcomes were exceeded or not met; 3) problems encountered during the performance period, which may interfere with meeting program/project objectives; 4) if applicable, proposed remedies; 5) information on the rate of expenditure versus progress on the project; 6) if applicable, information on equipment purchased during the reporting period; and 7) additional pertinent information, including, when appropriate, analysis and information of cost overruns or high unit costs or unanticipated economics. As stated in EPA Order 5700.7, the Agency's Project Officer must assure and evaluate that interim (quarterly or semi-annual) and final performance reports submitted by the recipients under 40 C.F. R. Sections 30.51 and 30.71 (Non-Profit Organizations & Universities), and interim and final non-construction grant performance reports submitted by recipients under Sections 31.40 and 31.50 (i.e., Monitoring and Reporting Program Performance and Closeout, respectively for State and local governments), adequately address progress in achieving agreed- upon outputs and outcomes. This includes, where necessary, ensuring that performance reports provide a satisfactory explanation of why outcomes or outputs were not achieved. Attached to the semi-annual or quarterly reports should be an updated Work Plan and Progress Made Performance Results Under Assistance Agreements Form that was submitted with your application. The Progress Report and Work Plan and Progress Made Performance Results Under Assistance Form will enable the Project Officer to determine if the recipient is fulfilling its obligations as outlined in the Work Plan and assess the quality of the data (determine if the data have met or exceeded the level of quality specified for the needs of the project). A comprehensive schedule for submittal of quarterly progress, milestones, quality management plans, quality assurance project plans, data, information, and document output submissions, and final reports is required within the Work Plan. The recipient agrees to deliver to EPA all products by the dates outlined in the Work Plan accompanying the application, following the procedures described in the Work Plan and the most recent approved version of the applicable quality assurance project plans. The recipient will deliver to EPA all outputs resulting from all programs (federally funded and non-federal match) described within the Work Plan. -18- ------- 2. Data/Information and Document Outputs The Chesapeake Bay Program has adopted a comprehensive set of guidelines and policies addressing the management and submission of data, information and documents. Data, information and documents must be submitted electronically in a format identified in Attachment 8 unless otherwise stipulated in the Work Plan. The Work Plan must describe the data and information management procedures to be followed to ensure the quality and timely delivery of data and/or information. Specifically, the Work Plan must describe the plan for adhering to the Chesapeake Bay Program data management guidelines as documented in Attachment 8. Please refer to Attachments 8 and 9A and/or B for additional policies and guidelines, as well as specific formatting information for outputs. In select cases when electronic submission of an output is not possible, the recipient and the Project Officer will determine in advance and clearly document in the final Work Plan the exact format for submission of the outputs. Electronic outputs can include reports, graphics, spreadsheets, imagery, data files, audio, and digital video products. More detailed guidance regarding formats for submission of electronic outputs is provided in Attachment 8. Outputs that are videos or printed material meant for the public, such as brochures, fact sheets, or publications, should have the CBP logo and a short narrative statement stating that the publication was funded in part through a grant/cooperative agreement from the EPA CBPO. These items, once finalized, are to be an output within the Work Plan. All data and information generated through the funds awarded by the U.S. EPA whether direct CBPO funding or indirect cost sharing, is public information and shall be made available to the public, unless there is a grant/cooperative agreement condition that specifies otherwise. 3. Program Management Outputs In 2008. the Chesapeake Bay Program developed the Chesapeake Action Plan (CAP). The CAP describes tools to enhance coordination and integration of Partner activities to restore the Chesapeake Bay and watershed and to better relate Partner activities to environmental progress and results. One of these tools is the Chesapeake Registry (formerly known as the Activity Integration Plan) which catalogues Partner's current and planned activities and the associated resources. For each output described in the Work Plan, the recipient agrees to assist the Project Officer in the completion of an entry into the Chesapeake Registry (http://cap.chcsapeakebay.net:8080). This requires assisting the Project Officer in documenting the thematic area, location, contact, resources, milestones and nature of each activity. The grant recipient is responsible for inputting state matching dollars. Detailed reporting guidance is available at http://cap.chesapeakebay.net/does/CAP - 19- ------- FINANCIAL This section provides information regarding cost share requirements, in-kind calculations for EPA on-site grantees, and information regarding the Financial Status Report requirements. A. COST SHARE REQUIREMENTS As stated previously, the Chesapeake Bay Program is funded under the Clean Water Act, Section 117. State and Local Governments receiving assistance under any of the provisions of Section 117 must comply with 40 CFR 31.24 and all other applicants must comply with 40 CFR 30.23. EPA requires assurances that cost share funds are being spent for activities such as staff working on bay related projects, or other projects in direct support of the Chesapeake Bay Agreements. Cost share sources must be from non-federal sources. In-kind services, such as volunteer hours can be used in lieu of a cash match. The rates associated with these volunteer hours must be similar to those of related work efforts and be approved by your Project Officer. Signatory jurisdictions applying for implementation and monitoring grants under Section 117(e) (1)(A) and 117(e)(l)(B) must identify 50% cost share of total project costs (equal match/dollar for dollar). All applicants applying for grants under Section 117(d) must commit to a cost share ranging from 5 to 50 percent, as determined at the sole discretion of EPA. This determination will be made on a grant-by-grant basis and EPA will promptly inform the applicant of the selected cost share. This information will be stated in Request for Proposals (RFPs) or Agency policy. Applicants applying for small watershed grants under Section 117(g)(2) must commit to a cost share of 25% of the total project cost. All other applicants applying for grants under Section 117 must commit to a cost share of 5% of the total project costs. EPA will seek assurances that the flow of the project funds will not be impeded by loss of personnel or services during the course of the project period. In addition to the cost share requirement, recipients must adhere to the requirement in the Clean Water Act, Section 117 - "Administrative Costs". This section requires a 10% cap for administrative costs. The cost of salaries and fringe benefits incurred in administering the grant shall not exceed 10% of the Federal grant amount. Recipients are required to submit a completed Administrative Cost Cap Worksheet with their application (Attachment 10). Any changes to the administrative cost percentage will be based on EPA determination and will be stated in the Request for Proposal (RFP). B. EPA IN-KIND The dollar value associated with providing space, supplies, etc., for grantees located on-site at EPA is considered EPA In-Kind. If your grant/cooperative agreement supports staff housed at the EPA Chesapeake Bay Program Office, the project budget within your application must include the cost to house the employee(s) at the EPA office. When calculating the cost share requirements, the total value that would be cost-shared is the EPA in-kind and the federal share combined. Contact your Project Officer to obtain the EPA in-kind dollar amount. -20- ------- C. FEDERAL FINANCIAL REPORT (FFR)- SF-425: Please note the following change in how recipients are to report the financial status of their grants: "Effective October 1, 2009, EPA grantees should begin using the new SF-425, Federal Financial Report (FFR), to report on the financial status of their grants. The FFR replaces the SF-269 and SF-269a, Financial Status Report (FSR), and the SF-272 and SF272a, Federal Cash Transactions Report. A blank, fillable FFR is available at the Las Vegas Finance Center's (LVFC) website: MfjK/Tvwjw^^ The terms and conditions of your existing EPA assistance agreenient(s) require submission of a final Financial Status Report and, in some cases, interim and/or annual FSRs. Effective October 1, this information should be submitted on the SF-425 rather than the SF-269. Only financial status information is required by EPA. Recipients are no longer required to submit Federal Cash Transaction information formerly reported on the SF-272 (FFR lines lOa through lOc). Therefore, all fields on the FFR need to be filled out except for lOa, lOb and lOc. Final FFRs are due to EPA no later than 90 days after the end of the grant budget/project period. If your assistance agreement requires submission of an interim or annual financial status report, please submit the SF-425 form (FFR) following the schedule stipulated in the terms and conditions of the agreement. All FFRs should be sent to the Las Vegas Finance Center. Fax number, mailing and email addresses are provided at: If you have any questions, please contact your LVFC financial specialist. If you do not know your specialist, a list with contact information can be found at: In summary, a FFR (SF 245) is required 90 days after the close of the budget period. If the budget period is longer than one year, an interim FFR is required at the end of each year. Cost share ratios stated in the application and budget must be included in the final FFR. POST AWARD MONITORING After the assistance award is approved, the Project Officer must ensure that Federal funds are being spent appropriately. To do this, the Project Officer must: 1) review the progress reports and other work outputs to assure the recipient is fulfilling the obligations as outlined in the work plan, applicable regulations, and programmatic terms and conditions in the agreement; 2) conduct Mid-Year and Close-out monitoring reviews in accordance with EPA Order 5700.6; and 3) work with the EPA Grants Office to make modifications as needed to the assistance agreement based on the recipient's request and EPA's discretion. -21 - ------- ------- |