[Code of Federal Regulations]

[Title 40, Volume 1]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR30.11]



[Page 321-322]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY

 

PART 30_UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND AGREEMENTS 

 

                    Subpart B_Pre-Award Requirements

 

Sec. 30.11  Pre-award policies.



    (a) Use of grants and cooperative agreements, and contracts. In each 

instance, EPA shall decide on the appropriate award instrument (i.e., 

grant, cooperative agreement, or contract). The Federal Grant and 

Cooperative Agreement Act (31 U.S.C. 6301-08) governs the use of grants, 

cooperative agreements and contracts. A grant or cooperative agreement 

shall be used only when the principal purpose of a transaction is to 

accomplish a public purpose of support or stimulation authorized by 

Federal statute. The statutory criterion for choosing between grants and 

cooperative agreements is that for the latter, ``substantial involvement 

is expected between the executive agency and the State, local 

government, or other recipient when carrying out the activity 

contemplated in the agreement.'' Contracts shall be used when the 

principal purpose is acquisition of property or services for the direct 

benefit or use of the Federal Government.



[[Page 322]]



    (b) Public notice and priority setting. EPA shall notify the public 

of its intended funding priorities for discretionary grant programs, 

unless funding priorities are established by Federal statute.

    (c) By submitting an application to EPA, the applicant grants EPA 

permission to share the application with technical reviewers both within 

and outside the Agency.