CHAPTER 3 Table 3.2
Summary of NEPA’s Application to Federal Financial Assistance Awards
LEGAL INSTRUMENT DEFINITION EXAMPLE(S) IS NEPA REQUIRED?

Grant

Reflects a relationship between the U.S. Government and a state, a local government, or other recipient when—

(1) the principal purpose of the relationship is to transfer a thing of value to the State or local government or other recipient to carry out a public purpose of support or stimulation authorized by a U.S. law instead of acquiring (by purchase, lease, or barter) property or services, and

(2) substantial involvement is not expected between the executive agency and the state, local government, or other recipient when carrying out the activity contemplated the agreement.1

NOTE: all “hard earmarks” should be considered grants, where NOAA has no substantial involvement because the mandatory funding of these projects or programs as specified by law circumvents otherwise applicable merit-based or competitive allocation processes, specifies the location or recipient, specifies the purpose of the funding, specifies the funding amount, or otherwise curtails the ability of the executive branch to manage its statutory and constitutional responsibilities pertaining to the funds allocation process.2

Federal financial assistance is being awarded to stimulate Non-governmental activity.

Federal financial assistance is being awarded for construction of Non-NOAA facility (e.g. museum or Learning Center). NOAA is providing financial assistance to a non-governmental entity to purchase equipment, but has no involvement in selection, operation, maintenance, and disposal.

Generally – No. There is typically no “substantial” Federal involvement with the nongovernmental entity. The activity remains independent.

NOTE: a Grant Program may require NEPA analysis of Federal decision on how to award funds (allocation, need).

Cooperative Agreement

Reflects a relationship between the U.S. Government and a state, a local government, or other recipient when—

(1) the principal purpose of the relationship is to transfer a thing of value to the state, local government, or other recipient to carry out a public purpose of support or stimulation authorized by a U.S. law instead of acquiring (by purchase, lease, or barter) property or services; and

(2) substantial involvement is expected between the executive agency and the State, local government, or other recipient when carrying out the activity contemplated the agreement.3

Federal financial assistance is being awarded for support and/or research. NOAA and the non-governmental entity work in tandem. NOAA is generally considered the lead.

Generally – Yes, based on “substantial” Federal involvement.

Contract

Reflects a relationship between the U.S. Government and a state, a local government, or other recipient when—

(1) the principal purpose of the instrument is to acquire (by purchase, lease, or barter) property or services for the direct benefit or use of the U.S. Government; or

(2) the agency decides in a specific instance that the use of a procurement contract is appropriate.4

Primary purpose of the activity is to acquire a product and/or service for direct benefit or use of Federal Government.

Yes. Typically accomplished by NOAA prior to procurement or contract award.

       

1From Grants and Cooperative Agreement Act of 1977 as amended (31 USC §§ 6301 et seq.)
2Summarized from OMB Guidance to Agencies on Definition of Earmarks, www.earmarks.omb.gov/earmarks_definition.html
3From Grants and Cooperative Agreement Act of 1977 as amended (31 USC §§ 6301 et seq.)
4From Grants and Cooperative Agreement Act of 1977 as amended (31 USC §§ 6301 et seq.)