[Code of Federal Regulations]
[Title 40, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR35.001]

[Page 418-426]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 35_STATE AND LOCAL ASSISTANCE--Table of Contents
 
Sec. 35.001  Applicability.




Sec.
35.001 Applicability.

                 Subpart A_Environmental Program Grants

                                 General

35.100 Purpose of the subpart.
35.101 Environmental programs covered by the subpart.
35.102 Definitions of terms.

                        Preparing an Application

35.104 Components of a complete application.
35.105 Time frame for submitting an application.
35.107 Work plans.
35.108 Funding period.
35.109 Consolidated grants.

                        EPA Action on Application

35.110 Time frame for EPA action.
35.111 Criteria for approving an application.
35.112 Factors considered in determining award amount.
35.113 Reimbursement for pre-award costs.

                         Post-Award Requirements

35.114 Amendments and other changes.
35.115 Evaluation of performance.
35.116 Direct implementation.
35.117 Unused funds.
35.118 Unexpended balances.

                     Performance Partnership Grants

35.130 Purpose of Performance Partnership Grants.
35.132 Requirements summary.
35.133 Programs eligible for inclusion.
35.134 Eligible recipients.
35.135 Activities eligible for funding.
35.136 Cost share requirements.
35.137 Application requirements.
35.138 Competitive grants.

                   Air Pollution Control (Section 105)

35.140 Purpose.
35.141 Definitions.
35.143 Allotment.
35.145 Maximum federal share.
35.146 Maintenance of effort.
35.147 Minimum cost share for a Performance Partnership Grant.
35.148 Award limitations.

                  Water Pollution Control (Section 106)

35.160 Purpose.
35.161 Definition.
35.162 Basis for allotment.
35.165 Maintenance of effort.
35.168 Award limitations.

            Public Water System Supervision (Section 1443(a))

35.170 Purpose.
35.172 Allotment.
35.175 Maximum federal share.
35.178 Award limitations.

          Underground Water Source Protection (Section 1443(b))

35.190 Purpose.
35.192 Basis for allotment.
35.195 Maximum federal share.
35.198 Award limitation.

              Hazardous Waste Management (Section 3011(a))

35.210 Purpose.
35.212 Basis for allotment.
35.215 Maximum federal share.
35.218 Award limitation.

          Pesticide Cooperative Enforcement (Section 23(a)(1))

35.230 Purpose.
35.232 Basis for allotment.
35.235 Maximum federal share.

   Pesticide Applicator Certification and Training (Section 23(a)(2))

35.240 Purpose.
35.242 Basis for allotment.
35.245 Maximum federal share.

           Pesticide Program Implementation (Section 23(a)(1))

35.250 Purpose.
35.251 Basis for allotment.
35.252 Maximum federal share.

               Nonpoint Source Management (Section 319(h))

35.260 Purpose.
35.265 Maximum federal share.
35.266 Maintenance of effort.
35.268 Award limitations.

                Lead-Based Paint Program (Section 404(g))

35.270 Purpose.
35.272 Funding coordination.

                 State Indoor Radon Grants (Section 306)

35.290 Purpose.
35.292 Basis for allotment.
35.295 Maximum federal share.
35.298 Award limitations.

          Toxic Substances Compliance Monitoring (Section 28 )

35.310 Purpose.
35.312 Competitive process.
35.315 Maximum federal share.
35.318 Award limitation.

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          State Underground Storage Tanks (Section 2007(f)(2))

35.330 Purpose.
35.332 Basis for allotment.
35.335 Maximum federal share.

            Pollution Prevention State Grants (Section 6605)

35.340 Purpose.
35.342 Competitive process.
35.343 Definitions.
35.345 Eligible applicants.
35.348 Award limitation.
35.349 Maximum federal share.

        Water Quality Cooperative Agreements (Section 104(b)(3))

35.360 Purpose.
35.362 Competitive process.
35.364 Maximum federal share.

          State Wetlands Development Grants (Section 104(b)(3))

35.380 Purpose.
35.382 Competitive process.
35.385 Maximum federal share.

                  State Administration (Section 205(g))

35.400 Purpose.
35.402 Allotment.
35.405 Maintenance of effort.
35.408 Award limitations.

      Water Quality Management Planning Grants (Section 205(j)(2))

35.410 Purpose.
35.412 Allotment.
35.415 Maximum federal share.
35.418 Award limitations.

            Subpart B_Environmental Program Grants for Tribes

                           General--All Grants

35.500 Purpose of the subpart.
35.501 Environmental programs covered by the subpart.
35.502 Definitions of terms.
35.503 Deviation from this subpart.
35.504 Eligibility of an Intertribal Consortium.

                        Preparing an Application

35.505 Components of a complete application.
35.506 Time frame for submitting an application.
35.507 Work plans.
35.508 Funding period.
35.509 Consolidated grants.

                        EPA Action on Application

35.510 Time frame for EPA action.
35.511 Criteria for approving an application.
35.512 Factors considered in determining award amount.
35.513 Reimbursement for pre-award costs.

                         Post-award Requirements

35.514 Amendments and other changes.
35.515 Evaluation of performance.
35.516 Direct implementation.
35.517 Unused funds.
35.518 Unexpended balances.

                     Performance Partnership Grants

35.530 Purpose of Performance Partnership Grants.
35.532 Requirements summary.
35.533 Programs eligible for inclusion.
35.534 Eligible recipients.
35.535 Activities eligible for funding.
35.536 Cost share requirements.
35.537 Application requirements.
35.538 Project period.

          Indian Environmental General Assistance Program (GAP)

35.540 Purpose.
35.542 Definitions. [Reserved]
35.543 Eligible recipients.
35.545 Eligible activities.
35.548 Award limitation.

                   Air Pollution Control (Section 105)

35.570 Purpose.
35.572 Definitions.
35.573 Eligible Tribe.
35.575 Maximum federal share.
35.576 Maintenance of effort.
35.578 Award limitation.

             Water Pollution Control (Sections 106 and 518)

35.580 Purpose.
35.582 Definitions.
35.583 Eligible recipients.
35.585 Maximum federal share.
35.588 Award limitations.

        Water Quality Cooperative Agreements (Section 104(b)(3))

35.600 Purpose.
35.603 Competitive process.
35.604 Maximum federal share.

         Wetlands Development Grant Program (Section 104(b)(3))

35.610 Purpose.
35.613 Competitive process.
35.615 Maximum federal share.

     Nonpoint Source Management Grants (Sections 319(h) and 518(f))

35.630 Purpose.
35.632 Definition.
35.633 Eligibility requirements.
35.635 Maximum federal share.
35.636 Maintenance of effort.

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35.638 Award limitations.

          Pesticide Cooperative Enforcement (Section 23 (a)(1))

35.640 Purpose.
35.641 Eligible recipients.
35.642 Maximum federal share.
35.645 Basis for allotment.

   Pesticide Applicator Certification and Training (Section 23(a)(2))

35.646 Purpose.
35.649 Maximum federal share.

           Pesticide Program Implementation (Section 23(a)(1))

35.650 Purpose.
35.653 Eligible recipients.
35.655 Basis for allotment.
35.659 Maximum federal share.

               Pollution Prevention Grants (Section 6605)

35.660 Purpose.
35.661 Competitive process.
35.662 Definitions.
35.663 Eligible recipients.
35.668 Award limitations.
35.669 Maximum federal share.

       Public Water System Supervision (Sections 1443(a) and 1451)

35.670 Purpose.
35.672 Definition.
35.673 Annual amount reserved by EPA.
35.675 Maximum federal share.
35.676 Eligible recipients.
35.678 Award limitations.

          Underground Water Source Protection (Section 1443(b))

35.680 Purpose.
35.682 Definition.
35.683 Annual amount reserved by EPA.
35.685 Maximum federal share.
35.686 Eligible recipients
35.688 Award limitations.

                Lead-Based Paint Program (Section 404(g))

35.690 Purpose.
35.691 Funding coordination.
35.693 Eligible recipients.

                    Indoor Radon Grants (Section 306)

35.700 Purpose.
35.702 Basis for allotment.
35.703 Eligible recipients.
35.705 Maximum federal share.
35.708 Award limitations.

           Toxic Substances Compliance Monitoring (Section 28)

35.710 Purpose.
35.712 Competitive process.
35.713 Eligible recipients.
35.715 Maximum federal share.
35.718 Award limitation.

       Hazardous Waste Management Program Grants (Pub.L. 105-276)

35.720 Purpose.
35.723 Competitive process.
35.725 Maximum federal share.

        Underground Storage Tanks Program Grants (Pub.L. 105-276)

35.730 Purpose.
35.731 Eligible recipients.
35.732 Basis for allotment.
35.735 Maximum federal share.

Subparts C-D [Reserved]

  Subpart E_Grants for Construction of Treatment Works_Clean Water Act

35.900 Purpose.
35.901 Program policy.
35.903 Summary of construction grant program.
35.905 Definitions.
35.907 Municipal pretreatment program.
35.908 Innovative and alternative technologies.
35.909 Step 2 = 3 grants.
35.910 Allocation of funds.
35.910-1 Allotments.
35.910-2 Period of availability; reallotment.
35.910-3--35.910-4 [Reserved]
35.910-5 Additional allotments of previously withheld sums.
35.910-6 Fiscal Year 1977 public works allotments.
35.910-7 Fiscal Year 1977 Supplemental Appropriations Act allotments.
35.910-8 Allotments for Fiscal Years 1978-1981.
35.910-9 Allotment of Fiscal Year 1978 appropriation.
35.910-10 Allotment of Fiscal Year 1979 appropriation.
35.910-11 Allotment of Fiscal Year 1980 appropriation.
35.910-12 Reallotment of deobligated funds of Fiscal Year 1978.
35.912 Delegation to State agencies.
35.915 State priority system and project priority list.
35.915-1 Reserves related to the project priority list.
35.917 Facilities planning (step 1).
35.917-1 Content of facilities plan.
35.917-2 State responsibilities.
35.917-3 Federal assistance.
35.917-4 Planning scope and detail.
35.917-5 Public participation.
35.917-6 Acceptance by implementing governmental units.
35.917-7 State review and certification of facilities plan.
35.917-8 Submission and approval of facilities plan.

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35.917-9 Revision or amendment of facilities plan.
35.918 Individual systems.
35.918-1 Additional limitations on awards for individual systems.
35.918-2 Eligible and ineligible costs.
35.918-3 Requirements for discharge of effluents.
35.920 Grant application.
35.920-1 Eligibility.
35.920-2 Procedure.
35.920-3 Contents of application.
35.925 Limitations on award.
35.925-1 Facilities planning.
35.925-2 Water quality management plans and agencies.
35.925-3 Priority determination.
35.925-4 State allocation.
35.925-5 Funding and other capabilities.
35.925-6 Permits.
35.925-7 Design.
35.925-8 Environmental review.
35.925-9 Civil rights.
35.925-10 Operation and maintenance program.
35.925-11 User charges and industrial cost recovery.
35.925-12 Property.
35.925-13 Sewage collection system.
35.925-14 Compliance with environmental laws.
35.925-15 Treatment of industrial wastes.
35.925-16 Federal activities.
35.925-17 Retained amounts for reconstruction and expansion.
35.925-18 Limitation upon project costs incurred prior to award.
35.925-19 [Reserved]
35.925-20 Procurement.
35.925-21 Storm sewers.
35.926 Value engineering (VE).
35.927 Sewer system evaluation and rehabilitation.
35.927-1 Infiltration/inflow analysis.
35.927-2 Sewer system evaluation survey.
35.927-3 Rehabilitation.
35.927-4 Sewer use ordinance.
35.927-5 Project procedures.
35.928 Requirements for an industrial cost recovery system.
35.928-1 Approval of the industrial cost recovery system.
35.928-2 Use of industrial cost recovery payments.
35.928-3 Implementation of the industrial cost recovery system.
35.928-4 Moratorium on industrial cost recovery payments.
35.929 Requirements for user charge system.
35.929-1 Approval of the user charge system.
35.929-2 General requirements for all user charge systems.
35.929-3 Implementation of the user charge system.
35.930 Award of grant assistance.
35.930-1 Types of projects.
35.930-2 Grant amount.
35.930-3 Grant term.
35.930-4 Project scope.
35.930-5 Federal share.
35.930-6 Limitation on Federal share.
35.935 Grant conditions.
35.935-1 Grantee responsibilities.
35.935-2 Procurement.
35.935-3 Property.
35.935-4 Step 2 = 3 projects.
35.935-5 Davis-Bacon and related statutes.
35.935-6 Equal employment opportunity.
35.935-7 Access.
35.935-8 Supervision.
35.935-9 Project initiation and completion.
35.935-10 Copies of contract documents.
35.935-11 Project changes.
35.935-12 Operation and maintenance.
35.935-13 Submission and approval of user charge systems.
35.935-14 Final inspection.
35.935-15 Submission and approval of industrial cost recovery system.
35.935-16 Sewer use ordinance and evaluation/rehabilitation program.
35.935-17 Training facility.
35.935-18 Value engineering.
35.935-19 Municipal pretreatment program.
35.935-20 Innovative processes and techniques.
35.936 Procurement.
35.936-1 Definitions.
35.936-2 Grantee procurement systems; State or local law.
35.936-3 Competition.
35.936-4 Profits.
35.936-5 Grantee responsibility.
35.936-6 EPA responsibility.
35.936-7 Small and minority business.
35.936-8 Privity of contract.
35.936-9 Disputes.
35.936-10 Federal procurement regulations.
35.936-11 General requirements for sub agreements.
35.936-12 Documentation.
35.936-13 Specifications.
35.936-14 Force account work.
35.936-15 Limitations on subagreement award.
35.936-16 Code or standards of conduct.
35.936-17 Fraud and other unlawful or corrupt practices.
35.936-18 Negotiation of subagreements.
35.936-19 Small purchases.
35.936-20 Allowable costs.
35.936-21 Delegation to State agencies; certification of procurement 
          systems.
35.936-22 Bonding and insurance.
35.937 Subagreements for architectural or engineering services.
35.937-1 Type of contract (subagreement).
35.937-2 Public notice.
35.937-3 Evaluation of qualifications.
35.937-4 Solicitation and evaluation of proposals.
35.937-5 Negotiation.
35.937-6 Cost and price considerations.
35.937-7 Profit.

[[Page 422]]

35.937-8 Award of subagreement.
35.937-9 Required solicitation and sub agreement provisions.
35.937-10 Subagreement payments--architectural or engineering services.
35.937-11 Applicability to existing contracts.
35.937-12 Subcontracts under subagreements for architectural or 
          engineering services.
35.938 Construction contracts (subagreements) of grantees.
35.938-1 Applicability.
35.938-2 Performance by contract.
35.938-3 Type of contract.
35.938-4 Formal advertising.
35.938-5 Negotiation of contract amendments (change orders).
35.938-6 Progress payments to contractors.
35.938-7 Retention from progress payments.
35.938-8 Required construction contract provisions.
35.938-9 Subcontracts under construction contracts.
35.939 Protests.
35.940 Determination of allowable costs.
35.940-1 Allowable project costs.
35.940-2 Unallowable costs.
35.940-3 Costs allowable, if approved.
35.940-4 Indirect costs.
35.940-5 Disputes concerning allowable costs.
35.945 Grant payments.
35.950 Suspension, termination or annulment of grants.
35.955 Grant amendments to increase grant amounts.
35.960 Disputes.
35.965 Enforcement.
35.970 Contract enforcement.

Appendix A to Subpart E--Cost-Effectiveness Analysis Guidelines
Appendix B to Subpart E--Federal Guidelines--User Charges For Operation 
          and Maintenance of Publicly Owned Treatment Works
Appendix C-1 to Subpart E--Required Provisions--Consulting Engineering 
          Agreements
Appendix C-2 to Subpart E--Required Provisions--Construction Contracts
Appendix D to Subpart E--EPA Transition Policy--Existing Consulting 
          Engineering Agreements
Appendix E to Subpart E--Innovative and Alternative Technology 
          Guidelines

Subparts F-G [Reserved]

 Subpart H_Cooperative Agreements for Protecting and Restoring Publicly 
                         Owned Freshwater Lakes

35.1600 Purpose.
35.1603 Summary of clean lakes assistance program.
35.1605 Definitions.
35.1605-1 The Act.
35.1605-2 Freshwater lake.
35.1605-3 Publicly owned freshwater lake.
35.1605-4 Nonpoint source.
35.1605-5 Eutrophic lake.
35.1605-6 Trophic condition.
35.1605-7 Desalinization.
35.1605-8 Diagnostic-feasibility study.
35.1605-9 Indian Tribe set forth at 40 CFR 130.6(d).
35.1610 Eligibility.
35.1613 Distribution of funds.
35.1615 Substate agreements.
35.1620 Application requirements.
35.1620-1 Types of assistance.
35.1620-2 Contents of applications.
35.1620-3 Environmental evaluation.
35.1620-4 Public participation.
35.1620-5 State work programs and lake priority lists.
35.1620-6 Intergovernmental review.
35.1630 State lake classification surveys.
35.1640 Application review and evaluation.
35.1640-1 Application review criteria.
35.1650 Award.
35.1650-1 Project period.
35.1650-2 Limitations on awards.
35.1650-3 Conditions on award.
35.1650-4 Payment.
35.1650-5 Allowable costs.
35.1650-6 Reports.

Appendix A to Subpart H--Requirements for Diagnostic-Feasibility Studies 
          and Environmental Evaluations

          Subpart I_Grants for Construction of Treatment Works

35.2000 Purpose and policy.
35.2005 Definitions.
35.2010 Allotment; reallotment.
35.2012 Capitalization grants.
35.2015 State priority system and project priority list.
35.2020 Reserves.
35.2021 Reallotment of reserves.
35.2023 Water quality management planning.
35.2024 Combined sewer overflows.
35.2025 Allowance and advance of allowance.
35.2030 Facilities planning.
35.2032 Innovative and alternative technologies.
35.2034 Privately owned individual systems.
35.2035 Rotating biological contractor (RBC) replacement grants.
35.2036 Design/build project grants.
35.2040 Grant application.
35.2042 Review of grant applications.
35.2050 Effect of approval or certification of documents.
35.2100 Limitations on award.
35.2101 Advanced treatment.
35.2102 Water quality management planning.
35.2103 Priority determination.
35.2104 Funding and other considerations.
35.2105 Debarment and suspension.

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35.2106 Plan of operation.
35.2107 Intermunicipal service agreements.
35.2108 Phased or segmented treatment works.
35.2109 Step 2+3.
35.2110 Access to individual systems.
35.2111 Revised water quality standards.
35.2112 Marine discharge waiver applicants.
35.2113 Environmental review.
35.2114 Value engineering.
35.2116 Collection system.
35.2118 Preaward costs.
35.2120 Infiltration/Inflow.
35.2122 Approval of user charge system and proposed sewer use ordinance.
35.2123 Reserve capacity.
35.2125 Treatment of wastewater from industrial users.
35.2127 Federal facilities.
35.2130 Sewer use ordinance.
35.2140 User charge system.
35.2152 Federal share.
35.2200 Grant conditions.
35.2202 Step 2+3 projects.
35.2203 Step 7 projects.
35.2204 Project changes.
35.2205 Maximum allowable project cost.
35.2206 Operation and maintenance.
35.2208 Adoption of sewer use ordinance and user charge system.
35.2210 Land acquisition.
35.2211 Field testing for Innovative and Alternative Technology Report.
35.2212 Project initiation.
35.2214 Grantee responsibilities.
35.2216 Notice of building completion and final inspection.
35.2218 Project performance.
35.2250 Determination of allowable costs.
35.2260 Advance purchase of eligible land.
35.2262 Funding of field testing.
35.2300 Grant payments.
35.2350 Subagreement enforcement.

Appendix A to Subpart I--Determination of Allowable Costs
Appendix B to Subpart I--Allowance for Facilities Planning and Design

       Subpart J_Construction Grants Program Delegation to States

35.3000 Purpose.
35.3005 Policy.
35.3010 Delegation agreement.
35.3015 Extent of State responsibilities.
35.3020 Certification procedures.
35.3025 Overview of State performance under delegation.
35.3030 Right of review of State decision.
35.3035 Public participation.

         Subpart K_State Water Pollution Control Revolving Funds

35.3100 Policy and purpose.
35.3105 Definitions.
35.3110 Fund establishment.
35.3115 Eligible activities of the SRF.
35.3120 Authorized types of assistance.
35.3125 Limitations on SRF assistance.
35.3130 The capitalization grant agreement.
35.3135 Specific capitalization grant agreement requirements.
35.3140 Environmental review requirements.
35.3145 Application of other Federal authorities.
35.3150 Intended Use Plan (IUP).
35.3155 Payments.
35.3160 Cash draw rules.
35.3165 Reports and audits.
35.3170 Corrective action.

Appendix A to Subpart K--Criteria for Evaluating a State's Proposed 
          NEPA-Like Process

             Subpart L_Drinking Water State Revolving Funds

35.3500 Purpose, policy, and applicability.
35.3505 Definitions.
35.3510 Establishment of the DWSRF program.
35.3515 Allotment and withholdings of funds.
35.3520 Systems, projects, and project-related costs eligible for 
          assistance from the Fund.
35.3525 Authorized types of assistance from the Fund.
35.3530 Limitations on uses of the Fund.
35.3535 Authorized set-aside activities.
35.3540 Requirements for funding set-aside activities.
35.3545 Capitalization grant agreement.
35.3550 Specific capitalization grant agreement requirements.
35.3555 Intended Use Plan (IUP).
35.3560 General payment and cash draw rules.
35.3565 Specific cash draw rules for authorized types of assistance from 
          the Fund.
35.3570 Reports and audits.
35.3575 Application of Federal cross-cutting authorities (cross-
          cutters).
35.3580 Environmental review requirements.
35.3585 Compliance assurance procedures.

Appendix A to Subpart L--Criteria for Evaluating a State's Proposed 
          NEPA-Like Process.

                Subpart M_Grants for Technical Assistance

                                 General

35.4000 Authority.
35.4005 What is a Technical Assistance Grant?
35.4010 What does this subpart do?
35.4011 Do the general grant regulations for nonprofit organizations 
          apply to TAGs?
35.4012 If there appears to be a difference between the requirements in 
          40 CFR part 30

[[Page 424]]

          and this subpart, which regulations should my group follow?
35.4015 Do certain words in this subpart have specific meaning?

                            Who Is Eligible?

35.4020 Is my community group eligible for a TAG?
35.4025 Is there any way my group can get a TAG if it is currently 
          ineligible?
35.4030 Can I be a part of a TAG group if I belong to an ineligible 
          group?
35.4035 Does EPA use the same eligibility criteria for TAGs at ``Federal 
          facility'' sites?
35.4040 How many groups can receive a TAG at one Superfund site?

                Your Responsibilities as a TAG Recipient

35.4045 What requirements must my group meet as a TAG recipient?
35.4050 Must my group contribute toward the cost of a TAG?
35.4055 What if my group can't come up with the ``matching funds?''

                       How Much Money TAGs Provide

35.4060 How much money can my group receive through a TAG?
35.4065 How can my group get more than $50,000?

                          What TAGs Can Pay for

35.4070 How can my group spend TAG money?
35.4075 Are there things my group can't spend TAG money for?

                          How You Get the Money

35.4080 Does my group get a lump sum up front, or does EPA reimburse us 
          for costs we incur?
35.4085 Can my group get an ``advance payment'' to help us get started?
35.4090 If my group is eligible for an advance payment, how do we get 
          our funds?
35.4095 What can my group pay for with an advance payment?
35.4100 Can my group incur any costs prior to the award of our grant?

                         How to Apply for a TAG

35.4105 What is the first step for getting a TAG?
35.4106 What information should an LOI include?
35.4110 What does EPA do once it receives the first LOI from a group?
35.4115 After the public notice that EPA has received an LOI, how much 
          time does my group have to form a coalition or submit a 
          separate LOI?
35.4120 What does my group do next?
35.4125 What else does my group need to do?
35.4130 What must be included in my group's budget?
35.4135 What period of time should my group's budget cover?
35.4140 What must be included in my group's work plan?
35.4145 How much time do my group or other interested groups have to 
          submit a TAG application to EPA?
35.4150 What happens after my group submits its application to EPA?
35.4155 How does EPA decide whether to award a TAG to our group?
35.4160 What does EPA do if more than one group applies for a TAG at the 
          same site?
35.4161 Does the TAG application process affect the schedule for work at 
          my site?
35.4165 When does EPA award a TAG?

                            Managing Your TAG

35.4170 What kinds of reporting does EPA require?
35.4175 What other reporting and record keeping requirements are there?
35.4180 Must my group keep financial records after we finish our TAG?
35.4185 What does my group do with reports our technical advisor 
          prepares for us?

    Procuring a Technical Advisor or Other Contractor With TAG Funds

35.4190 How does my group identify a qualified technical advisor?
35.4195 Are there certain people my group cannot select to be our 
          technical advisor, grant administrator, or other contractor 
          under the grant?
35.4200 What restrictions apply to contractors my group procures for our 
          TAG?
35.4205 How does my group procure a technical advisor or any other 
          contractor?
35.4210 Must my group solicit and document bids for our procurements?
35.4215 What if my group can't find an adequate number of potential 
          sources for a technical advisor or other contractor?
35.4220 How does my group ensure a prospective contractor does not have 
          a conflict of interest?
35.4225 What if my group decides a prospective contractor has a conflict 
          of interest?
35.4230 What are my group's contractual responsibilities once we procure 
          a contractor?
35.4235 Are there specific provisions my group's contract(s) must 
          contain?

                    Requirements for TAG Contractors

35.4240 What provisions must my group's TAG contractor comply with if it 
          subcontracts?

              Grant Disputes, Termination, and Enforcement

35.4245 How does my group resolve a disagreement with EPA regarding our 
          TAG?
35.4250 Under what circumstances would EPA terminate my group's TAG?

[[Page 425]]

35.4255 Can my group terminate our TAG?
35.4260 What other steps might EPA take if my group fails to comply with 
          the terms and conditions of our award?

                            Closing Out a TAG

35.4265 How does my group close out our TAG?

                      Other Things You Need to Know

35.4270 Definitions.
35.4275 Where can my group get the documents this subpart references 
          (for example, OMB circulars, other subparts, forms)?

Subpart N [Reserved]

   Subpart O_Cooperative Agreements and Superfund State Contracts for 
                       Superfund Response Actions

                                 General

35.6000 Authority.
35.6005 Purpose and scope.
35.6010 Eligibility.
35.6015 Definitions.
35.6020 Other statutory provisions.
35.6025 Deviation from this subpart.

              Pre-Remedial Response Cooperative Agreements

35.6050 Eligibility for pre-remedial Cooperative Agreements.
35.6055 State-lead pre-remedial Cooperative Agreements.
35.6060 Political subdivision-lead pre-remedial Cooperative Agreements.
35.6070 Indian Tribe-lead pre-remedial Cooperative Agreements.

                Remedial Response Cooperative Agreements

35.6100 Eligibility for remedial Cooperative Agreements.
35.6105 State-lead remedial Cooperative Agreements.
35.6110 Indian Tribe-lead remedial Cooperative Agreements.
35.6115 Political subdivision-lead remedial Cooperative Agreements.
35.6120 Notification of the out-of-State or out-of-Indian Tribal 
          jurisdiction transfer of CERCLA waste.

                   Enforcement Cooperative Agreements

35.6145 Eligibility for enforcement Cooperative Agreements.
35.6150 Activities eligible for funding under enforcement Cooperative 
          Agreements.
35.6155 State, political subdivision or Indian Tribe-lead enforcement 
          Cooperative Agreements.

                 Removal Response Cooperative Agreements

35.6200 Eligibility for removal Cooperative Agreements.
35.6205 Removal Cooperative Agreements.

                   Core Program Cooperative Agreements

35.6215 Eligibility for Core Program Cooperative Agreements.
35.6220 General.
35.6225 Activities eligible for funding under Core Program Cooperative 
          Agreements.
35.6230 Application requirements.
35.6235 Cost sharing.

                  Support Agency Cooperative Agreements

35.6240 Eligibility for support agency Cooperative Agreements.
35.6245 Allowable activities.
35.6250 Support agency Cooperative Agreement requirements.
35.6255 Cost sharing.

   Financial Administration Requirements Under a Cooperative Agreement

35.6270 Standards for financial management systems.
35.6275 Period of availability of funds.
35.6280 Payments.
35.6285 Recipient payment of response costs.
35.6290 Program income.

      Personal Property Requirements Under a Cooperative Agreement

35.6300 General personal property acquisition and use requirements.
35.6305 Obtaining supplies.
35.6310 Obtaining equipment.
35.6315 Alternative methods for obtaining property.
35.6320 Usage rate.
35.6325 Title and EPA interest in CERCLA-funded property.
35.6330 Title to federally owned property.
35.6335 Property management standards.
35.6340 Disposal of CERCLA-funded property.
35.6345 Equipment disposal options.
35.6350 Disposal of federally owned property.

        Real Property Requirements Under a Cooperative Agreement

35.6400 Acquisition and transfer of interest.
35.6405 Use.

          Copyright Requirements Under a Cooperative Agreement

35.6450 General requirements.

   Use of Recipient Employees (``Force Account'') Under a Cooperative 
                                Agreement

35.6500 General requirements.

[[Page 426]]

         Procurement Requirements Under a Cooperative Agreement

35.6550 Procurement system standards.
35.6555 Competition.
35.6560 Master list of debarred, suspended, and voluntarily excluded 
          persons.
35.6565 Procurement methods.
35.6570 Use of the same engineer during subsequent phases of response.
35.6575 Restrictions on types of contracts.
35.6580 Contracting with minority and women's business enterprises (MBE/
          WBE), small businesses, and labor surplus area firms.
35.6585 Cost and price analysis.
35.6590 Bonding and insurance.
35.6595 Contract provisions.
35.6600 Contractor claims.
35.6605 Privity of contract.
35.6610 Contracts awarded by a contractor.

             Reports Required Under a Cooperative Agreement

35.6650 Quarterly progress reports.
35.6655 Notification of significant developments.
35.6660 Property inventory reports.
35.6665 Procurement reports.
35.6670 Financial reports.

           Records Requirements Under a Cooperative Agreement

35.6700 Project records.
35.6705 Records retention.
35.6710 Records access.

      Other Administrative Requirements for Cooperative Agreements

35.6750 Modifications.
35.6755 Monitoring program performance.
35.6760 Enforcement and termination for convenience.
35.6765 Non-Federal audit.
35.6770 Disputes.
35.6775 Exclusion of third-party benefits.
35.6780 Closeout.
35.6785 Collection of amounts due.
35.6790 High risk recipients.

     Requirements for Administering a Superfund State Contract (SSC)

35.6800 General.
35.6805 Contents of an SSC.
35.6815 Administrative requirements.
35.6820 Conclusion of the SSC.

     Subpart P_Financial Assistance for the National Estuary Program

35.9000 Applicability.
35.9005 Purpose.
35.9010 Definitions.
35.9015 Summary of annual process.
35.9020 Planning targets.
35.9030 Work program.
35.9035 Budget period.
35.9040 Application for assistance.
35.9045 EPA action on application.
35.9050 Assistance amount.
35.9055 Evaluation of recipient performance.
35.9060 Maximum Federal share.
35.9065 Limitations.
35.9070 National program assistance agreements.

    Authority: 42 U.S.C. 4368b, unless otherwise noted.


    This part codifies policies and procedures for financial assistance 
awarded by the Environmental Protection Agency (EPA) to State, 
interstate, and local agencies, Indian Tribes and Intertribal Consortia 
for pollution abatement and control programs. These provisions 
supplement the EPA general assistance regulations in 40 CFR part 31.

[66 FR 1734, Jan. 9, 2001]