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Notice to Existing Assistance Agreement Recipients Funded With Fiscal Year (FY) 2000 or 2001 Appropriations: New Requirements Regarding Litigation and Lobbying Certification

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

  


[Federal Register: June 8, 2001 (Volume 66, Number 111)]
[Notices]
[Page 30917]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08jn01-57]

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ENVIRONMENTAL PROTECTION AGENCY
[FRL-6992-6]
 
Notice to Existing Assistance Agreement Recipients Funded With 
Fiscal Year (FY) 2000 or 2001 Appropriations: New Requirements 
Regarding Litigation and Lobbying Certification

AGENCY: Environmental Protection Agency.
ACTION: Notice.

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SUMMARY: The Office of Management and Budget (OMB) Circulars A-21, A-
87, and A-122, which establish the principles for determining allowable 
costs under Federal assistance agreements, prohibit the use of Federal 
assistance funds for certain lobbying and litigation costs.
    In addition, Section 424 of the Departments of Veterans Affairs and 
Housing and Urban Development, and Independent Agencies Appropriations 
Act, 2001, Public Law 106-277, requires that: ``A chief executive 
officer of any entity receiving funds under this Act shall certify that 
none of the funds have been used to engage in the lobbying of the 
Federal Government or in litigation against the United States unless 
authorized under existing law.'' Section 426 of the Department of 
Veterans Affairs and Housing and Urban Development, and Independent 
Agencies Appropriations Act, 2000, Public Law 106-74, contains a 
similar provision. This requirement applies to not-for-profit 
institutions, educational institutions, state, local or tribal 
governments and other entities receiving assistance awards under EPA's 
FY 2000 and 2001 Appropriations Acts.
    The Paperwork Reduction Act (PRA), 44 U.S.C.A. 3500 et seq., 
requires that a Federal agency intending to request information from 
ten or more persons must obtain OMB approval before requesting that 
information. The appropriations act provisions described above impose 
additional information collection requirements on EPA assistance 
agreements. Therefore, EPA is currently seeking OMB approval of an 
information collection request for a certification document to be 
distributed and signed by a chief executive officer representing each 
entity. The certification document will not be disseminated until it 
has been approved by OMB.
    Even though OMB has not yet approved the information collection 
request for the certification document, the mandates in the 
appropriations acts remain in effect because they are imposed directly 
by statute. Thus, recipients with assistance agreements funded with FY 
2000 or FY 2001 appropriations must comply with this certification 
requirement. However, a particular format is not required until that 
form is approved by OMB. Until that time, each entity may provide this 
certification in any reasonable manner of choice. The certification 
must be submitted to EPA after the funds received under those 
appropriations have been expended.

FOR FURTHER INFORMATION CONTACT: William Hedling, U.S. Environmental 
Protection Agency, Office of Grants and Debarment, 1200 Pennsylvania 
Avenue, NW., Washington, DC 20460, phone: (202) 564-5377, FAX: (202) 
565-2470, or e-mail at hedling.william@epa.gov.

Howard F. Corcoran,
Director Office of Grants & Debarment.
[FR Doc. 01-14483 Filed 6-7-01; 8:45 am]
BILLING CODE 6560-50-P

 
 

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