There are cross-cutting public policy requirements applicable to federal grants, including those awarded by the EPA. The term public policy indicates that the requirement is based on social, economic, or other objectives or considerations that may be attached to the expenditure of federal funds by grantees, consortium participants, and contractors, in general, or may relate to the expenditure of federal funds for research or other specified activities.

In addition to cross-cutting requirements that apply to federal agencies and their grant programs, EPA grantees are subject to requirements contained in EPA's annual appropriations acts that apply to the use of EPA grant funds. Some of those requirements are included here because they have been part of appropriations acts for several years without change, but those requirements may be changed or other requirements may be added in the future. The EPA intends to uphold high ethical, health, environmental and safety standards in both the conduct of the assistance it funds and the expenditure of public funds by its grantees.

• Common EPA Public Policy Requirements
• Construction-Related Requirements
• Use of Disadvantaged Business Enterprises
• Research-Related Requirements

Common EPA Public Policy Requirements

Common public policy requirements that apply to EPA grants:

• Age Discrimination Act of 1975(42 U.S.C 6101 et seq.)
• Cargo Preference Act of 1954 (46 U.S.C 1241)
• Civil Rights Act of 1964, Title VI (42 U.S.C. 2000d, et seq.) including limited English proficiency (EO 13166)
• Clean Air and Clean Water Act (42 U.S.C. 7401 and 33 U.S.C. 1251; EO 11738)
• Coastal Zone Management Act of 1972 (16 U.S.C 1451 et seq.)
• Coastal Barriers Resource Act (16 U.S.C. 1451 et seq.)
• Drug Free Workplace Act of 1988 (42 U.S.C. 701 et seq.; 2 CFR Part 182)
• Disadvantaged Business Enterprises (40 CFR Part 33)
• Education Amendments of 1972 (Title IX) (20 U.S.C. 1681 - 1683 and 1685 - 1686)
• Endangered Species Act of 1972
• Federal Funding Accountability and Transparency Act (FFATA)
• Fly America Act (International Air Transportation Fair Competition Practices Act of 1974) (49 U.S.C. 40118; Comptroller General Decision B - 138942)
• Hatch Act (5 U.S.C. 1501 - 1528)
• Hotel and Motel Fire Safety Act of 1990 (P.L. 101 - 391)
• Human Subject Protections (40 CFR Part 26)
• Laboratory Animal Welfare Act (7 U.S.C. 2131-2156; 9 CFR Parts 1-4 and related guidelines)
• Lobbying (13 U.S.C. 1352; 40 CFR Part 40)
• National Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1271 et seq.)
• Non-delinquency on Federal Debt (28 U.S.C. 3201(e))
• Research Misconduct (EPA Order 3120.5)
• Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.)
• Seat Belt Use (EO 13043)
• Trafficking Victims Protection Act of 2000, Section 106(g) (22 U.S.C. 7104(g) as implemented at 2 CFR Part 175)
• Uniform Relocation Assistance and Real Property Acquisition Policies Act (49 CFR Part 24, as implemented in 40 CFR Part 4)

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Construction-Related Requirements

Common public policy requirements that apply to construction-related EPA grants:

• Architectural Barriers Act of 1968 (42 U.S.C 4151 et seq.)
• Davis Bacon Act (2 CFR Part 176)
• Earthquake Hazards Reduction Act of 1977, as amended and EO 12699
• Flood Disaster Protection Act of 1973 and National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.; EO 11988)
• National Environmental Policy Act (42 U.S.C. 4331 et seq.)
• National Historic Preservation Act (16 U.S.C. 74 et seq.)
• Protection of Wetlands (EO 11990)
• Rehabilitation Act of 1973 (Section 504) (29 U.S.C. 794)
• Safe Drinking Water Act (42 U.S.C. 30h-3)

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Use of Disadvantaged Business Enterprises

For projects performed entirely within the United States, EPA requires domestic recipients or a first-tier subrecipient under the grant to provide opportunities for participation by disadvantaged business enterprises (DBEs) when acquiring equipment, supplies, construction, or other services.

• Participation by Disadvantaged Business Enterprises in United States Environmental Protection Agency Programs (40 CFR 33.103)

Learn more about Minority Business Enterprises and Woman Business Enterprises Grant Utilization.

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Research-Related Requirements

Protection of Human Subjects

Human subjects research is governed by:

• Protection of Human Subjects (40 CFR Part 26)
• Policy and Procedures on Protection of Human Research Subjects in EPA Conducted or Supported Research (issued July 30, 1999) (EPA Order 1000.17)

Animal Welfare

Requirements for using live, vertebrate animals in research apply to all EPA grant-supported activities, whether the recipient, subrecipient or contractor is domestic or foreign.

• Animal Welfare Act (7 U.S.C. 2131 et. eq.)
• U.S. Government Principles for the Utilization and Care of Vertebrate Animals Used in Testing, Research and Training (50 Federal Register [FR] 20864-20865, May 20, 1985) (http://grants.nih.gov/grants/olaw/references/phspol.htm#USGovPrinciples)

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