[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: 40CFR35.107]

[Page 428-429]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 35_STATE AND LOCAL ASSISTANCE--Table of Contents
 
                 Subpart A_Environmental Program Grants
 
Sec. 35.107  Work plans.

    (a) Bases for negotiating work plans. The work plan is negotiated 
between the applicant and the Regional Administrator and reflects 
consideration of national, regional, and State environmental and 
programmatic needs and priorities.
    (1) Negotiation considerations. In negotiating the work plan, the 
Regional Administrator and applicant will consider such factors as 
national program guidance; any regional supplemental guidance; goals, 
objectives, and priorities proposed by the applicant; other jointly 
identified needs or priorities; and the planning target.

[[Page 429]]

    (2) National program guidance. If an applicant proposes a work plan 
that differs significantly from the goals and objectives, priorities, or 
core performance measures in the national program guidance associated 
with the proposed activities, the Regional Administrator must consult 
with the appropriate National Program Manager before agreeing to the 
work plan.
    (3) Use of existing guidance. An applicant should base the grant 
application on the national program guidance in place at the time the 
application is being prepared.
    (b) Work plan requirements. (1) The work plan is the basis for the 
management and evaluation of performance under the grant agreement.
    (2) An approvable work plan must specify:
    (i) The work plan components to be funded under the grant;
    (ii) The estimated work years and the estimated funding amounts for 
each work plan component;
    (iii) The work plan commitments for each work plan component and a 
time frame for their accomplishment;
    (iv) A performance evaluation process and reporting schedule in 
accordance with Sec. 35.115 of this subpart; and
    (v) The roles and responsibilities of the recipient and EPA in 
carrying out the work plan commitments.
    (3) The work plan must be consistent with applicable federal 
statutes; regulations; circulars; executive orders; and EPA delegations, 
approvals, or authorizations.
    (c) Performance Partnership Agreement as work plan. An applicant may 
use a Performance Partnership Agreement or a portion of a Performance 
Partnership Agreement as the work plan for an environmental program 
grant if the portions of the Performance Partnership Agreement that 
serve as all or part of the grant work plan:
    (1) Are clearly identified and distinguished from other portions of 
the Performance Partnership Agreement; and
    (2) Meet the requirements in Sec. 35.107(b).