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Chesapeake Bay Program

Number: 66.466
Agency: Environmental Protection Agency
Office: Office of Water

Program Information 

Program Number/Title (010):
66.466 Chesapeake Bay Program
Federal Agency (030):
Office of Water, Environmental Protection Agency
Authorization (040):
Clean Water Act, Section 117.
Objectives (050):
To expand and strengthen cooperative efforts to restore and protect the Chesapeake Bay. EPA's funding priority is to achieve the goals and commitments established in the Chesapeake 2000 agreement and the final coordinated strategy under Executive Order (EO) 13508. As a means to achieve the goals and commitments, assistance agreements are awarded to: nonprofit organizations, State and local governments, colleges, universities, and interstate agencies. The type of projects that are awarded range from monitoring to environmental education. These projects have helped support the commitments set forth in Chesapeake Executive Council agreements and amendments (The Chesapeake Bay Agreement of 1983 through Chesapeake 2000) and subsequent directives, adoption statements, endorsements and resolutions. Funding Priority - Fiscal Year 2013: EPA's focus in FY 2013 is to continue to improve the rate of progress in the Chesapeake Bay watershed by meeting the President's expectations as described in Executive Order (EO) 13508, using the Agency's existing statutory authority, implementing the Chesapeake Bay Total Maximum Daily Load (TMDL), providing states with the tools necessary for effective regulatory implementation, creating better tools for scientific analysis and accountability, and supporting regulatory compliance and enforcement. EPA will work toward implementing key initiatives under EO 13508, including: implementing the TMDL; developing a TMDL tracking and accountability system; deploying technology to integrate discrete Bay data systems and to present the data in an accessible accountability system called ChesapeakeStat; and moving forward on the Bay's challenges related to toxic contaminants. A centerpiece of EPA's FY 2013 activities is the implementation of the nation's largest and most complex TMDL for the entire Chesapeake Bay watershed. A TMDL is essentially a plan that defines how much of a particular pollutant may be discharged into a particular waterbody while allowing the waterbody to meet its water quality standards and designated uses. EPA released the final TMDL in December 2010. Prior to that release, the Bay jurisdictions developed watershed implementation plans (WIPs) that included specific timelines for enhancing programs and implementing actions to reduce pollution, with all measures needed to reach the TMDL pollution load limits in place no later than 2025. The TMDL is designed to ensure that all pollution control measures needed to fully restore the Bay and its tidal rivers are in place by 2025, with at least 60 percent of the actions completed by 2017. To support the TMDL, EPA will develop and initiate a tracking and accountability system to ensure that the Bay jurisdictions are effectively implementing the TMDL. To support accountability under the TMDL, EPA will enhance the Chesapeake Bay Program's water-quality monitoring network to better track TMDL progress. EPA will use its technical and scientific analysis capabilities to provide implementation support and guidance to the states and thousands of local governments that will be affected by the TMDL. EPA will assist the jurisdictions in making scientifically informed determinations of the most effective ways to meet their TMDL obligations that will provide individually tailored solutions. To ensure that the states are able to meet EPA's expectations under the TMDL and new national rulemakings, EPA will continue and in some cases expand its broad range of grant programs. EPA will direct investments toward key local governments and watershed organizations based on their ability to reduce nutrient and sediment loads via key sectors such as development and agriculture in urban and rural areas. ChesapeakeStat is a key element in the next generation of tools EPA is developing to significantly enhance the accountability of program partners. ChesapeakeStat is a web based, geoenabled tool for performance-based interactive decision making for all Bay partners. The system allows the public to track progress and become informed and engaged in restoring the Bay. Ensuring that the regulated community complies with the appropriate regulations is an essential responsibility for achieving the goals established for the Chesapeake Bay and its watershed. In FY 2013, the continued implementation of the ompliance and Enforcement Strategy for the Bay Watershed will target sources of pollution impairing the Bay in the watershed and airshed. EPA's multi-year, multi-state strategy combines the Agency's water, air and waste enforcement authorities to address violations of federal environmental laws resulting in nutrient, sediment, and other pollution in the Bay.
Types of Assistance (060):
PROJECT GRANTS
Uses and Use Restrictions (070):
On November 7, 2000, the President signed the Estuaries and Clean Waters Act of 2000, which includes Title II-Chesapeake Bay Restoration. This Act amends Section 117 of the Federal Water Control Act (Clean Water Act) and established new authorities for the Chesapeake Bay Program. 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 receive funding. The purposes of these amendment 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.). Assistance Agreements awarded under this program are: (1) 117(d) Technical Assistance and General Assistance Grants - These grants 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. All applicants applying for grants under Section 117(d) must commit to a cost share ranging from 5 to 50 percent of the total project costs, as determined at the sole discretion of EPA. This determination will be stated in Request for Proposals (RFPs) or Agency policy. (2) 117(e)(1)(A) and 117(d) - Chesapeake Bay Regulatory and Accountability Grants - As a result of EO 13508, these grants will help each watershed State and the District of Columbia to develop new regulations, design TMDL watershed implementation plans, reissue and enforce permits, and provide technical and compliance assistance to local governments and regulated entities. The grants are to aid the states and DC in implementing and expanding their States' regulatory, accountability and enforcement capabilities, in support of reducing nitrogen, phosphorus and sediment loads delivered to the Bay to meet the water quality goals of the 2000 Chesapeake Bay Agreement. These grants will be awarded non-competitively. State Signatory jurisdictions applying for regulatory and accountability program grants under Section 117(e)(1)(A) must identify 50% cost share of total project costs (equal match/dollar for dollar) as required by statute. Headwater States applying for regulatory and accountability program grants under Section 117(d) must commit to a cost share of 25% of the total project costs. (3) Section 117(e)(1)(A) - Implementation Grants - The Chesapeake Bay Implementation Grants are authorized under Section 117(e)(1)(A) to Signatory Jurisdictions. 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)(1)(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 signed the Chesapeake Bay Agreement. State Signatory Jurisdictions applying for implementation and monitoring grants under Section 117(e)(1)(A) must identify 50% cost share of total project costs (equal match/dollar for dollar). (4) Section 117(e)(1)(B) Monitoring Grants - The Monitoring Grants are authorized under Section 117(e)(1)(B) for Signatory Jurisdictions. These grants support the characterization of water and habitat quality and benthic community conditions for the mainstem Chesapeake Bay and tidal tributaries, characterizing nutrient loading to Chesapeake Bay and its tidal tributaries, and provide data analysis support for water quality and living resources status and trends. The work supports the Chesapeake 2000 goal of "Achieving and maintaining the water quality necessary to support the aquatic living resources of the Bay and its tributaries and to protect human health." These grants can be awarded non-competitively to any signatory jurisdiction that has or signed the Chesapeake Bay Agreement. Signatory Jurisdictions applying for monitoring grants under Section 117(e)(1)(B) must identify 50% cost share of total project costs (equal match/dollar for dollar).
(5) Section 117(g)(2) Small Watershed Grants - The Small Watershed Grants Program was established under Section 117(g)(2), which provides that grants can be awarded under Section 117(d) 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. Applicants applying for small watershed grants under Section (g)(2) must commit to a cost share of 25% of the total project cost. Assistance agreement awards under this program may involve or relate to geospatial information. Further information regarding geospatial information may be obtained by viewing the following website: http://geodata.epa.gov. Grant recipients and sub-recipients are encouraged to adopt and enforce policies that ban text messaging while driving company-owned or -rented vehicles or government-owned vehicles, or while driving privately-owned vehicles when on official government business or when performing any work for or on behalf of the government. Grant recipients and sub-recipients are encouraged to conduct initiatives of the type described in section 3(a) of the Federal Leadership on Reducing Text Messaging While Driving Executive Order that was signed on October 1, 2009.
Eligibility Requirements (080)
Applicant Eligibility (081):
Under section 117(d), funds are available for technical and general assistance grants to nonprofit organizations, State and local governments, colleges, universities, and interstate agencies; under section 117(e)(1)(A) and 117e(1)(B), respectively, funds are available for implementation, regulatory and accountability, and monitoring grants to signatory jurisdictions; and under section 117(g)(2), funds are available for technical assistance and assistance grants under the Small Watershed Grants Program to local governments and nonprofit organizations and individuals in the Chesapeake Bay region. For certain competitive funding opportunities under this CFDA description, the Agency may limit eligibility to compete to a number or subset of eligible applicants consistent with the Agency's Assistance Agreement Competition Policy.
Beneficiary Eligibility (082):
Under section 117(d), funds are available for technical and general assistance grants to nonprofit organizations, State and local governments, colleges, universities, and interstate agencies; under section 117(e)(1)(A) and 117(e)(1)(B), respectively, funds are available for implementation, and monitoring grants to signatory jurisdictions and headwater states; and under Section 117(g)(2), funds are available for technical assistance and assistance grants under the Small Watershed Grants Program to local governments and nonprofit organizations and individuals in the Chesapeake Bay region.
Credentials/Documentation (083):
Compliance with 40 CFR Parts 30 and 31, and with Program Grant Guidance to matching funds. Costs will be determined in accordance with OMB Circular No. A-87 for State, Local, and Indian Tribal Governments (Relocated to 2 CFR, Part 225), OMB Circular No. A-122 for nonprofit organizations (Relocated to 2 CFR, Part 230), and OMB Circular No. A-21 for educational institutions (Relocated to 2 CFR, Part 220). All OMB circulars apply to this program. OMB Circular No. A-87 applies to this program.
Application and Award Process (090)
Preapplication Coordination (091):
Regarding pre-application/pre-proposal assistance with respect to competitive funding opportunities under this program description, EPA will generally specify the nature of the pre-application/pre-proposal assistance, if any, that will be available to applicants in the competitive announcement. For additional information, contact the individual(s) listed as "Information Contacts" or see Appendix IV of the Catalog. Preapplication assistance is recommended and should be obtained from the EPA Region III Grants Management Office. All proposals or work statements should be consistent with CBPO's Grant Guidance located at http://www.epa.gov/region3/chesapeake/grants.htm. Environmental impact information is not required for this program. 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 Procedures (092):
OMB Circular No. A-102 applies to this program. OMB Circular No. A-110 applies to this program. OMB Circular No. A-102 (rev.), Uniform Administrative Requirements for Grants to State and Local Governments, applies to this program. OMB Circular No. A-110, Uniform Administrative Requirements for Grants with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations, applies to this program. Competitive Request For Proposals (RFPs) for grants/cooperative agreements are announced widely through the internet and Environmental Protection Agency's CBPO RFP e-mail and mailing database. Applicants may be able to use http://www.grants.gov to electronically apply for certain grant opportunities under this CFDA. RFPs are listed on the following websites: http://www.grants.gov; http://www.epa.gov/region03/chesapeake/grants.htm; http://www.epa.gov/region03/grants/grantopp.htm; and http://www.chesapeakebay.net/grantsandrfps.aspx?menuitem=14892.
Issued Chesapeake Bay Program Office (CBPO) Request For Proposals (RFPs) will seek applicant proposals that identify specific outcomes that will further goals of the Chesapeake 2000 Agreement. The RFP will include detailed instructions for submission of proposals. Interested parties who would like to receive a copy of issued CBPO RFPs and be added to the Environmental Protection Agency's CBPO e-mail and/or mailing database should submit their name, address, phone number, and e-mail address to Tim Roberts at roberts.timothy-p@epa.gov or such requests can be mailed to Tim Roberts, Environmental Protection Agency CBPO, 410 Severn Avenue, Suite 112, Annapolis, Maryland 21403. EPA will only accept addresses provided in writing (either by e-mail or letter); no phone calls will be accepted. Requests for application kits must be submitted to the Environmental Protection Agency, Region 3, 1650 Arch Streets, Philadelphia, PA 19103, Grants and Audit Management Branch (3PM70). Additional information on the EPA assistance package can be found at: http://www.epa.gov/ogd/grants/how_to_apply.htm. Additional information pertaining to application requirements for EPA's CBPO grants programs can be found in the 2011 CBPO Grant Guidance at: http://www.epa.gov/region03/chesapeake/grants.htm. Interested parties applying for a grant under the Innovative Nutrient and Sediment and Small Watershed Grants Programs should submit their name and address to the National Fish and Wildlife Foundation 1120 Connecticut Avenue, NW, Suite 900, Washington, DC 20026, for purpose of establishing a database to receive RFPs. National Fish and Wildlife Foundation will list the RFP on their website: www.NFWF.org.
Award Procedure (093):
For competitive awards, EPA will review and evaluate applications, proposals, and/or submissions in accordance with the terms, conditions, and criteria stated in the competitive announcement. Competitions will be conducted in accordance with EPA policies/regulations for competing assistance agreements.
Deadlines (094):
Contact the headquarters or regional office, as appropriate, for application deadlines.
Range of Approval/Disapproval Time (095):
Approximately 7 months after deadline for application submission.
Appeals (096):
Assistance agreement competition-related disputes will be resolved in accordance with the dispute resolution procedures published in 70 FR (Federal Register) 3629, 3630 (January 26, 2005). Copies of these procedures may also be requested by contacting the individual(s) listed as "Information Contacts." Disputes relating to matters other than the competitive selection of recipients will be resolved under 40 CFR 30.63 or 40 CFR 31.70, as applicable.
Renewals (097):
Renewals are subject to approval of EPA.
Assistance Consideration (100)
Formula and Matching Requirements (101):
This program has no statutory formula.
Matching Requirements: Under Section 117 (e)(1)(A) and 117(e)(1)(B), respectively, State agencies applying for implementation and monitoring grants must identify 50 percent cost share of total project costs (equal match/dollar for dollar). All applicants applying for technical and general assistance grants under Section 117 (d), must commit to a cost share ranging from 5 percent to 50 percent as determined at the sole discretion of EPA. This determination will be stated in Request For Proposals or Agency policy. EPA will promptly inform the applicant of the selected cost share requirement. Signatory Jurisdictions applying for regulatory and accountability program grants under Section 117(e)(1)(A) must identify 50% cost share of total project costs (equal match/dollar for dollar) as required by statute. Headwater States applying for regulatory and accountability program grants under Section 117(d) must commit to a cost share of 25% of the total project costs. Applicants applying for Small Watershed Grants Program under Section 117(g)(2) must commit to a cost share of 25 percent of the total project cost. 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. In addition to the cost share requirement, applicants must adhere to the requirement in the Clean Water Act, Section 117 - Administrative Costs. This section requires a 10 percent cap for administrative costs. The cost of salaries and fringe benefits incurred in administering the grant cannot exceed 10 percent of the Federal grant amount.
This program does not have MOE requirements.
Length and Time Phasing of Assistance (102):
Grants are normally funded on a 12-month basis. The term of the grant shall be determined at the time of grant award. See the following for information on how assistance is awarded/released: The method of fund disbursement will be determined at the time of award.
Post Assistance Requirements (110)
Reports (111):
EPA includes reporting requirements for grants and cooperative agreements in the terms and conditions of the agreements. Agreements may require quarterly, interim, and final progress reports, and expenditure/financial, equipment, and invention reports. Specific reporting requirements are also identified in the Grant Regulations at 40 CFR Part 30 and 40 CFR Part 31, as applicable. Program reports are required under this program. Cash reports are required under this program. Progress reports are required under this program. Expenditure reports are required under this program. Performance monitoring is required under this program.
Audits (112):
In accordance with the provisions of OMB Circular No. A-133 (Revised, June 27, 2003), "Audits of States, Local Governments, and Non-Profit Organizations," nonfederal entities that expend financial assistance of $500,000 or more in Federal awards will have a single or a program-specific audit conducted for that year. Nonfederal entities that expend less than $500,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in Circular No. A-133. Grants and cooperative agreements are subject to inspections and audits by the Comptroller General of the United States, the EPA Office of Inspector General, other EPA staff, or any authorized representative of the Federal government. Reviews by the EPA Project Officer and the Grants Specialist may occur each year.
Records (113):
Financial records, including all documents to support entries on accounting records and to substantiate changes to each grant, must be kept available to personnel authorized to examine EPA grant accounts. All records must be maintained for three years from the date of submission of the final expenditure report. If questions still remain, such as those raised as a result of audit, related records should be retained until the matter is completely resolved.
Financial Information (120)
Obligations (122):
(Project Grants) FY 12 $42,841,000; FY 13 est $36,673,000; and FY 14 est $52,343,000
Range and Average of Financial Assistance (123):
$5,000 to $13,875,000/fiscal year; $6,937,500/fiscal year.
Program Accomplishments (130):
Fiscal Year 2013: No Current Data Available Fiscal Year 2014: No Current Data Available Fiscal Year 2015: No Current Data Available
Regulations, Guidelines, and Literature (140):
Chesapeake Bay Program Office's Annual Grant Guidance and general regulations (40 CFR Parts 30 and 31) for assistance programs available from EPA. The Chesapeake Bay Program Office's Grant Guidance is available at http://www.epa.gov/region03/chesapeake/grants.htm.
Information Contacts (150)
Regional or Local Office (151) :
See Regional Agency Offices. Veronica Kuczynski, EPA Chesapeake Bay Program Office, 410 Severn Avenue, Suite 112, Annapolis, MD 21403. Telephone: (410) 267-5743; FAX: (410) 267-5777; e-mail: kuczynski.veronica@epa.gov.
Headquarters Office (152):
Veronica Kuczynski, EPA Chesapeake Bay Program Office, 410 Severn Avenue, Suite 112, Annapolis, Maryland 21403 Email: kuczynski.veronica@epa.gov Phone: (410) 267-5743.
Website Address (153):
http://www.epa.gov/region03/chesapeake
Examples of Funded Projects (170):
Fiscal Year 2013: No Current Data Available Fiscal Year 2014: No Current Data Available Fiscal Year 2015: No Current Data Available
Criteria for Selecting Proposals (180):
The evaluation and selection criteria for competitive awards under this CFDA description will be described in the competitive announcement.