[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: 40CFR30.23]



[Page 326-327]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY

 

PART 30_UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND AGREEMENTS 

 

                    Subpart C_Post-Award Requirements

 

Sec. 30.23  Cost sharing or matching.



    EPA shall not require cost sharing or matching unless required by 

statute, regulation, Executive Order, or official Agency policy.

    (a) All contributions, including cash and third party in-kind, shall 

be accepted as part of the recipient's cost sharing or matching when 

such contributions meet all of the following criteria.

    (1) Are verifiable from the recipient's records.

    (2) Are not included as contributions for any other federally-

assisted project or program.

    (3) Are necessary and reasonable for proper and efficient 

accomplishment of project or program objectives.

    (4) Are allowable under the applicable cost principles.

    (5) Are not paid by the Federal Government under another award, 

except where authorized by Federal statute to be used for cost sharing 

or matching.

    (6) Are identified in the approved budget.

    (7) Conform to other provisions of Circular A-110, as applicable.

    (b) Unrecovered indirect costs may be included as part of cost 

sharing or matching only with the prior approval of the EPA Award 

Official.

    (c) Values for recipient contributions of services and property 

shall be established in accordance with the applicable cost principles. 

If, after consultation with Agency property management personnel, the 

EPA Award Official authorizes recipients to donate buildings or land for 

construction or facilities acquisition projects or long-term use, the 

value of the donated property for cost sharing or matching shall be the 

lesser of paragraph (c) (1) or (2) of this section.

    (1) The certified value of the remaining life of the property 

recorded in the recipient's accounting records at the time of donation.

    (2) The current fair market value. However, when there is sufficient 

justification, the EPA Award Official may approve the use of the current 

fair market value of the donated property, even if it exceeds the 

certified value at the time of donation to the project.

    (d) Volunteer services furnished by professional and technical 

personnel, consultants, and other skilled and unskilled labor may be 

counted as cost sharing or matching if the service is an integral and 

necessary part of an approved project or program. Rates for volunteer 

services shall be consistent with those paid for similar work in the 

recipient's organization. In those instances in which the required 

skills are not found in the recipient organization, rates shall be 

consistent with those paid for similar work in the labor market in which 

the recipient competes for the kind of services involved. In either 

case, paid fringe benefits that are reasonable, allowable, and allocable 

may be included in the valuation.

    (e) When an employer other than the recipient furnishes the services 

of an employee, these services shall be valued at the employee's regular 

rate of pay (plus an amount of fringe benefits that are reasonable, 

allowable, and allocable, but exclusive of overhead costs), provided 

these services are in the same skill for which the employee is normally 

paid.

    (f) Donated supplies may include such items as expendable equipment, 

office supplies, laboratory supplies or workshop and classroom supplies. 

Value assessed to donated supplies included in the cost sharing or 

matching share shall be reasonable and shall not exceed the fair market 

value of the property at the time of the donation.

    (g) The method used for determining cost sharing or matching for 

donated



[[Page 327]]



equipment, buildings and land for which title passes to the recipient 

may differ according to the purpose of the award, if paragraph (g) (1) 

or (2) of this section applies.

    (1) If the purpose of the award is to assist the recipient in the 

acquisition of equipment, buildings or land, the total value of the 

donated property may be claimed as cost sharing or matching.

    (2) If the purpose of the award is to support activities that 

require the use of equipment, buildings or land, normally only 

depreciation or use charges for equipment and buildings may be made. 

However, the full value of equipment or other capital assets and fair 

rental charges for land may be allowed, provided that the EPA technical 

program office, after consultation with EPA property management 

personnel, has approved the charges.

    (h) The value of donated property shall be determined in accordance 

with the usual accounting policies of the recipient, with the following 

qualifications.

    (1) The value of donated land and buildings shall not exceed its 

fair market value at the time of donation to the recipient as 

established by an independent appraiser (e.g., certified real property 

appraiser or General Services Administration representative) and 

certified by a responsible official of the recipient.

    (2) The value of donated equipment shall not exceed the fair market 

value of equipment of the same age and condition at the time of 

donation.

    (3) The value of donated space shall not exceed the fair rental 

value of comparable space as established by an independent appraisal of 

comparable space and facilities in a privately-owned building in the 

same locality.

    (4) The value of loaned equipment shall not exceed its fair rental 

value.

    (5) The following requirements pertain to the recipient's supporting 

records for in-kind contributions from third parties.

    (i) Volunteer services shall be documented and, to the extent 

feasible, supported by the same methods used by the recipient for its 

own employees.

    (ii) The basis for determining the valuation for personal service, 

material, equipment, buildings and land shall be documented.