2000 CFR Title 39, Volume 1

Title 40--Protection of Environment CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 35--STATE AND LOCAL ASSISTANCE
	35.001	Applicability.
	35.100	Purpose.
	35.105	Definitions.
	35.110	Summary of annual process.
	35.115	State allotments and reserves.
	35.120	Planning targets.
	35.125	Program guidance.
	35.130	Work program.
	35.135	Budget period.
	35.140	Application for assistance.
	35.141	EPA action on application.
	35.143	Assistance amount.
	35.145	Consolidated assistance.
	35.150	Evaluation of recipient performance.
	35.155	Reallocation.
	35.200	Purpose.
	35.201	Definitions applicable to section 105.
	35.205	Maximum Federal share.
	35.210	Maintenance of effort.
	35.215	Limitations.
	35.220	Eligible Indian Tribes.
	35.250	Purpose.
	35.251	Definitions.
	35.252	State and interstate allotments.
	35.255	Maintenance of effort.
	35.260	Limitations.
	35.265	Awards to Indian Tribes.
	35.300	Purpose.
	35.305	Maintenance of effort.
	35.310	Limitations.
	35.350	Purpose.
	35.355	Maximum Federal share.
	35.360	Limitations.
	35.365	Awards to Indian Tribes.
	35.400	Purpose.
	35.405	Maximum Federal share.
	35.410	Limitations.
	35.415	Indian Tribes.
	35.450	Purpose.
	35.455	Maximum Federal share.
	35.460	Limitations.
	35.465	Indian Tribes.
	35.500	Purpose.
	35.505	Maximum Federal share.
	35.510	Limitations.
	35.550	Purpose.
	35.555	Maximum Federal share.
	35.600	Purpose.
	35.605	Maximum Federal share.
	35.750	Purpose.
	35.755	Awards to Indian Tribes.
	35.760	Maximum Federal share.
	35.900	Purpose.
	35.901	Program policy.
	35.903	Summary of construction grant program.
	35.905	Definitions.
	35.907	Municipal pretreatment program.
	35.908	Innovative and alternative technologies.
	35.909	Step 2=3 grants.
	35.910	Allocation of funds.
	35.910-1	Allotments.
	35.910-2	Period of availability; reallotment.
	35.910-5	Additional allotments of previously withheld sums.
	35.910-6	Fiscal Year 1977 public works allotments.
	35.910-7	Fiscal Year 1977 Supplemental Appropriations Act allotments.
	35.910-8	Allotments for fiscal years 1978-1981.
	35.910-9	Allotment of Fiscal Year 1978 appropriation.
	35.910-10	Allotment of Fiscal Year 1979 appropriation.
	35.910-11	Allotment of Fiscal Year 1980 appropriation.
	35.910-12	Reallotment of deobligated funds of Fiscal Year 1978.
	35.912	Delegation to State agencies.
	35.915	State priority system and project priorty list.
	35.915-1	Reserves related to the project priority list.
	35.917	Facilities planning (step 1).
	35.917-1	Content of facilities plan.
	35.917-2	State responsibilities.
	35.917-3	Federal assistance.
	35.917-4	Planning scope and detail.
	35.917-5	Public participation.
	35.917-6	Acceptance by implementing governmental units.
	35.917-7	State review and certification of facilities plan.
	35.917-8	Submission and approval of facilities plan.
	35.917-9	Revision or amendment of facilities plan.
	35.918	Individual systems.
	35.918-1	Additional limitations on awards for individual systems.
	35.918-2	Eligible and ineligible costs.
	35.918-3	Requirements for discharge of effluents.
	35.920	Grant application.
	35.920-1	Eligibility.
	35.920-2	Procedure.
	35.920-3	Contents of application.
	35.925	Limitations on award.
	35.925-1	Facilities planning.
	35.925-2	Water quality management plans and agencies.
	35.925-3	Priority determination.
	35.925-4	State allocation.
	35.925-5	Funding and other capabilities.
	35.925-6	Permits.
	35.925-7	Design.
	35.925-8	Environmental review.
	35.925-9	Civil rights.
	35.925-10	Operation and maintenance program.
	35.925-11	User charges and industrial cost recovery.
	35.925-12	Property.
	35.925-13	Sewage collection system.
	35.925-14	Compliance with environmental laws.
	35.925-15	Treatment of industrial wastes.
	35.925-16	Federal activities.
	35.925-17	Retained amounts for reconstruction and expansion.
	35.925-18	Limitation upon project costs incurred prior to award.
	35.925-20	Procurement.
	35.925-21	Storm sewers.
	35.926	Value engineering (VE).
	35.927	Sewer system evaluation and rehabilitation.
	35.927-1	Infiltration/inflow analysis.
	35.927-2	Sewer system evaluation survey.
	35.927-3	Rehabilitation.
	35.927-4	Sewer use ordinance.
	35.927-5	Project procedures.
	35.928	Requirements for an industrial cost recovery system.
	35.928-1	Approval of the industrial cost recovery system.
	35.928-2	Use of industrial cost recovery payments.
	35.928-3	Implementation of the industrial cost recovery system.
	35.928-4	Moratorium on industrial cost recovery payments.
	35.929	Requirements for user charge system.
	35.929-1	Approval of the user charge system.
	35.929-2	General requirements for all user charge systems.
	35.929-3	Implementation of the user charge system.
	35.930	Award of grant assistance.
	35.930-1	Types of projects.
	35.930-2	Grant amount.
	35.930-3	Grant term.
	35.930-4	Project scope.
	35.930-5	Federal share.
	35.930-6	Limitation on Federal share.
	35.935	Grant conditions.
	35.935-1	Grantee responsibilities.
	35.935-2	Procurement.
	35.935-3	Property.
	35.935-4	Step 2=3 projects.
	35.935-5	Davis-Bacon and related statutes.
	35.935-6	Equal employment opportunity.
	35.935-7	Access.
	35.935-8	Supervision.
	35.935-9	Project initiation and completion.
	35.935-10	Copies of contract documents.
	35.935-11	Project changes.
	35.935-12	Operation and maintenance.
	35.935-13	Submission and approval of user charge systems.
	35.935-14	Final inspection.
	35.935-15	Submission and approval of industrial cost recovery system.
	35.935-16	Sewer use ordinance and evaluation/rehabilitation program.
	35.935-17	Training facility.
	35.935-18	Value engineering.
	35.935-19	Municipal pretreatment program.
	35.935-20	Innovative processes and techniques.
	35.936	Procurement.
	35.936-1	Definitions.
	35.936-2	Grantee procurement systems; State or local law.
	35.936-3	Competition.
	35.936-4	Profits.
	35.936-5	Grantee responsibility.
	35.936-6	EPA responsibility.
	35.936-7	Small and minority business.
	35.936-8	Privity of contract.
	35.936-9	Disputes.
	35.936-10	Federal procurement regulations.
	35.936-11	General requirements for subagreements.
	35.936-12	Documentation.
	35.936-13	Specifications.
	35.936-14	Force account work.
	35.936-15	Limitations on subagree-ment award.
	35.936-16	Code or standards of conduct.
	35.936-17	Fraud and other unlawful or corrupt practices.
	35.936-18	Negotiation of subagree-ments.
	35.936-19	Small purchases.
	35.936-20	Allowable costs.
	35.936-21	Delegation to State agencies; certification of procurement systems.
	35.936-22	Bonding and insurance.
	35.937	Subagreements for architectural or engineering services.
	35.937-1	Type of contract (subagreement).
	35.937-2	Public notice.
	35.937-3	Evaluation of qualifications.
	35.937-4	Solicitation and evaluation of proposals.
	35.937-5	Negotiation.
	35.937-6	Cost and price considerations.
	35.937-7	Profit.
	35.937-8	Award of subagreement.
	35.937-9	Required solicitation and subagreement provisions.
	35.937-10	Subagreement payments--architectural or engineering services.
	35.937-11	Applicability to existing contracts.
	35.937-12	Subcontracts under subagreements for architectural or engineering services.
	35.938	Construction contracts (subagreements) of grantees.
	35.938-1	Applicability.
	35.938-2	Performance by contract.
	35.938-3	Type of contract.
	35.938-4	Formal advertising.
	35.938-5	Negotiation of contract amendments (change orders).
	35.938-6	Progress payments to contractors.
	35.938-7	Retention from progress payments.
	35.938-8	Required construction contract provisions.
	35.938-9	Subcontracts under construction contracts.
	35.939	Protests.
	35.940	Determination of allowable costs.
	35.940-1	Allowable project costs.
	35.940-2	Unallowable costs.
	35.940-3	Costs allowable, if approved.
	35.940-4	Indirect costs.
	35.940-5	Disputes concerning allowable costs.
	35.945	Grant payments.
	35.950	Suspension, termination or annulment of grants.
	35.955	Grant amendments to increase grant amounts.
	35.960	Disputes.
	35.965	Enforcement.
	35.970	Contract enforcement.
	35.1600	Purpose.
	35.1603	Summary of clean lakes assistance program.
	35.1605	Definitions.
	35.1605-1	The Act.
	35.1605-2	Freshwater lake.
	35.1605-3	Publicly owned freshwater lake.
	35.1605-4	Nonpoint source.
	35.1605-5	Eutrophic lake.
	35.1605-6	Trophic condition.
	35.1605-7	Desalinization.
	35.1605-8	Diagnostic-feasibility study.
	35.1605-9	Indian Tribe set forth at 40 CFR 130.6(d).
	35.1610	Eligibility.
	35.1613	Distribution of funds.
	35.1615	Substate agreements.
	35.1620	Application requirements.
	35.1620-1	Types of assistance.
	35.1620-2	Contents of applications.
	35.1620-3	Environmental evaluation.
	35.1620-4	Public participation.
	35.1620-5	State work programs and lake priority lists.
	35.1620-6	Intergovernmental review.
	35.1630	State lake classification surveys.
	35.1640	Application review and evaluation.
	35.1640-1	Application review criteria.
	35.1650	Award.
	35.1650-1	Project period.
	35.1650-2	Limitations on awards.
	35.1650-3	Conditions on award.
	35.1650-4	Payment.
	35.1650-5	Allowable costs.
	35.1650-6	Reports.
	35.2000	Purpose and policy.
	35.2005	Definitions.
	35.2010	Allotment; reallotment.
	35.2012	Capitalization grants.
	35.2015	State priority system and project priority list.
	35.2020	Reserves.
	35.2021	Reallotment of reserves.
	35.2023	Water quality management planning.
	35.2024	Combined sewer overflows.
	35.2025	Allowance and advance of allowance.
	35.2030	Facilities planning.
	35.2032	Innovative and alternative technologies.
	35.2034	Privately owned individual systems.
	35.2035	Rotating biological contractor (RBC) replacement grants.
	35.2036	Design/build project grants.
	35.2040	Grant application.
	35.2042	Review of grant applications.
	35.2050	Effect of approval or certification of documents.
	35.2100	Limitations on award.
	35.2101	Advanced treatment.
	35.2102	Water quality management planning.
	35.2103	Priority determination.
	35.2104	Funding and other considerations.
	35.2105	Debarment and suspension.
	35.2106	Plan of operation.
	35.2107	Intermunicipal service agreements.
	35.2108	Phased or segmented treatment works.
	35.2109	Step 2=3.
	35.2110	Access to individual systems.
	35.2111	Revised water quality standards.
	35.2112	Marine discharge waiver applicants.
	35.2113	Environmental review.
	35.2114	Value engineering.
	35.2116	Collection system.
	35.2118	Preaward costs.
	35.2120	Infiltration/Inflow.
	35.2122	Approval of user charge system and proposed sewer use ordinance.
	35.2123	Reserve capacity.
	35.2125	Treatment of wastewater from industrial users.
	35.2127	Federal facilities.
	35.2130	Sewer use ordinance.
	35.2140	User charge system.
	35.2152	Federal share.
	35.2200	Grant conditions.
	35.2202	Step 2=3 projects.
	35.2203	Step 7 projects.
	35.2204	Project changes.
	35.2205	Maximum allowable project cost.
	35.2206	Operation and maintenance.
	35.2208	Adoption of sewer use ordinance and user charge system.
	35.2210	Land acquisition.
	35.2211	Field testing for Innovative and Alternative Technology Report.
	35.2212	Project initiation.
	35.2214	Grantee responsibilities.
	35.2216	Notice of building completion and final inspection.
	35.2218	Project performance.
	35.2250	Determination of allowable costs.
	35.2260	Advance purchase of eligible land.
	35.2262	Funding of field testing.
	35.2300	Grant payments.
	35.2350	Subagreement enforcement.
	35.3000	Purpose.
	35.3005	Policy.
	35.3010	Delegation agreement.
	35.3015	Extent of State responsibilities.
	35.3020	Certification procedures.
	35.3025	Overview of State performance under delegation.
	35.3030	Right of review of State decision.
	35.3035	Public participation.
	35.3100	Policy and purpose.
	35.3105	Definitions.
	35.3110	Fund establishment.
	35.3115	Eligible activities of the SRF.
	35.3120	Authorized types of assistance.
	35.3125	Limitations on SRF assistance.
	35.3130	The capitalization grant agreement.
	35.3135	Specific capitalization grant agreement requirements.
	35.3140	Environmental review requirements.
	35.3145	Application of other Federal authorities.
	35.3150	Intended Use Plan (IUP).
	35.3155	Payments.
	35.3160	Cash draw rules.
	35.3165	Reports and audits.
	35.3170	Corrective action.
	35.4000	Authority.
	35.4005	Purpose and availability of referenced material.
	35.4010	Definitions.
	35.4013	Cost principles.
	35.4015	State administration of the program.
	35.4020	Responsibility requirements.
	35.4025	Eligible applicants.
	35.4030	Ineligible applicants.
	35.4035	Evaluation criteria.
	35.4040	Notification process.
	35.4045	Submission of application.
	35.4050	Timing of award.
	35.4055	Ineligible activities.
	35.4060	Eligible activities.
	35.4065	Technical advisor's qualifications.
	35.4066	Procurement.
	35.4067	Contract review.
	35.4070	Sanctions.
	35.4075	Pre-award costs.
	35.4080	Method of payment.
	35.4085	Grant limitations.
	35.4090	Waivers.
	35.4100	Disputes.
	35.4105	Record retention and audits.
	35.4110	Reports.
	35.4115	Availability of information.
	35.4120	Budget period.
	35.4125	Federal facilities.
	35.4130	Conflict of interest and disclosure requirements.
	35.6000	Authority.
	35.6005	Purpose and scope.
	35.6010	Eligibility.
	35.6015	Definitions.
	35.6020	Other statutory provisions.
	35.6025	Deviation from this subpart.
	35.6050	Eligibility for pre-remedial Cooperative Agreements.
	35.6055	State-lead pre-remedial Cooperative Agreements.
	35.6060	Political subdivision-lead pre-remedial Cooperative Agreements.
	35.6070	Indian Tribe-lead pre-remedial Cooperative Agreements.
	35.6100	Eligibility for remedial Cooperative Agreements.
	35.6105	State-lead remedial Cooperative Agreements.
	35.6110	Indian Tribe-lead remedial Cooperative Agreements.
	35.6115	Political subdivision-lead remedial Cooperative Agreements.
	35.6120	Notification of the out-of-State or out-of-Indian Tribal jurisdiction transfer of CERCLA waste.
	35.6145	Eligibility for enforcement Cooperative Agreements.
	35.6150	Activities eligible for funding under enforcement Cooperative Agreements.
	35.6155	State, political subdivision or Indian Tribe-lead enforcement Cooperative Agreements.
	35.6200	Eligibility for removal Cooperative Agreements.
	35.6205	Removal Cooperative Agreements.
	35.6215	Eligibility for Core Program Cooperative Agreements.
	35.6220	General.
	35.6225	Activities eligible for funding under Core Program Cooperative Agreements.
	35.6230	Application requirements.
	35.6235	Cost sharing.
	35.6240	Eligibility for support agency Cooperative Agreements.
	35.6245	Allowable activities.
	35.6250	Support agency Cooperative Agreement requirements.
	35.6255	Cost sharing.
	35.6270	Standards for financial management systems.
	35.6275	Period of availability of funds.
	35.6280	Payments.
	35.6285	Recipient payment of response costs.
	35.6290	Program income.
	35.6300	General personal property acquisition and use requirements.
	35.6305	Obtaining supplies.
	35.6310	Obtaining equipment.
	35.6315	Alternative methods for obtaining property.
	35.6320	Usage rate.
	35.6325	Title and EPA interest in CERCLA-funded property.
	35.6330	Title to federally owned property.
	35.6335	Property management standards.
	35.6340	Disposal of CERCLA-funded property.
	35.6345	Equipment disposal options.
	35.6350	Disposal of federally owned property.
	35.6400	Acquisition and transfer of interest.
	35.6405	Use.
	35.6450	General requirements.
	35.6500	General requirements.
	35.6550	Procurement system standards.
	35.6555	Competition.
	35.6560	Master list of debarred, suspended, and voluntarily excluded persons.
	35.6565	Procurement methods.
	35.6570	Use of the same engineer during subsequent phases of response.
	35.6575	Restrictions on types of contracts.
	35.6580	Contracting with minority and women's business enterprises (MBE/WBE), small businesses, and labor surplus area firms.
	35.6585	Cost and price analysis.
	35.6590	Bonding and insurance.
	35.6595	Contract provisions.
	35.6600	Contractor claims.
	35.6605	Privity of contract.
	35.6610	Contracts awarded by a contractor.
	35.6650	Quarterly progress reports.
	35.6655	Notification of significant developments.
	35.6660	Property inventory reports.
	35.6665	Procurement reports.
	35.6670	Financial reports.
	35.6700	Project records.
	35.6705	Records retention.
	35.6710	Records access.
	35.6750	Modifications.
	35.6755	Monitoring program performance.
	35.6760	Enforcement and termination for convenience.
	35.6765	Non-Federal audit.
	35.6770	Disputes.
	35.6775	Exclusion of third-party benefits.
	35.6780	Closeout.
	35.6785	Collection of amounts due.
	35.6790	High risk recipients.
	35.6800	General.
	35.6805	Contents of an SSC.
	35.6815	Administrative requirements.
	35.6820	Conclusion of the SSC.
	35.9000	Applicability.
	35.9005	Purpose.
	35.9010	Definitions.
	35.9015	Summary of annual process.
	35.9020	Planning targets.
	35.9030	Work program.
	35.9035	Budget period.
	35.9040	Application for assistance.
	35.9045	EPA action on application.
	35.9050	Assistance amount.
	35.9055	Evaluation of recipient performance.
	35.9060	Maximum Federal share.
	35.9065	Limitations.
	35.9070	National program assistance agreements.
	35.10000	Authority.
	35.10005	Purpose and scope.
	35.10010	Definitions.
	35.10015	Eligible recipients.
	35.10020	Eligible activities.
	35.10025	Limitations.
	35.10030	Grant management.
	35.10035	Procurement under general assistance agreements.