Are there legal limits on the amount of time EPA can extend the length of periods of performance of a grant if we cannot perform it within the original period of performance?
Yes, although the limits are not the same for all EPA grants. When EPA awards funds to recipients, the funds are “obligated” in EPA’s financial management system and remain available for expenditure throughout the project period for the grant as long as the funds are not “cancelled” by operation of law. Grants funded from EPA’s Science and Technology (S&T) and Environmental Programs and Management (EPM) appropriations are subject to the requirements in Public Law 106-377 (PDF) for expenditure within 9 Federal fiscal years from the effective date of the appropriation unless Congress specifies otherwise. On the other hand, grants funded from EPA’s Superfund, State and Tribal Assistance Grant (STAG), and Leaking Underground Storage Tank (LUST) appropriations are “no year” appropriations that generally remain available until expended.
- Will EPA modify workplans, adjust budgets, and extend project periods of grants if necessary?
- Will EPA provide a waiver to the performance period limitations in section 10 of Grants Policy Issuance 11-01 (GPI 11-01), Managing Unliquidated Obligations and Ensuring Progress under EPA Assistance Agreements, for assistance agreements impacted by COVID
- If an EPA grant recipient is carrying out a project that will not be completed due to delays in performance what will EPA do?
- How will the Agency handle partial terminations/deobligation of funds for projects or portions of projects that cannot be rescheduled?
- If a stay at home, shelter in place, or similar order is issued on a state/local/other level that affects the activities performed under a grant (e.g., the order prohibits travel required to perform monitoring or inspection activities), does that prohibit
- Will there be any ability to reprogram or redirect federal funds or change the nature of the activities to be performed under a grant based on emergency needs or inability to conduct certain tasks?
- As a general matter, how can states avoid losing funds already received for projects that might be delayed?
- Are grants to tribes subject to the same appropriations law rules as those for states?
- What about grants to local governments, non-profits and institutions of higher education-how are they funded?
- Will there be flexibility regarding inspection requirements under EPA grants to states, tribes or local governments such as those relating to RCRA large quantity generators, 3-year periodic inspection of USTs, and similar inspection requirements incorpora