The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) was amended by the Small Business Liability Relief and Brownfields Revitalization Act in 2002 to include Section 104(k), which provides federal financial assistance authorities for brownfields revitalization, including grants for assessment, cleanup, and revolving loan funds. The Brownfields Utilization, Investment, and Local Development (BUILD) Act (Public Law 115-141) enacted in 2018 reauthorized EPA’s Brownfields Program and made additional amendments to CERCLA that affect EPA’s brownfield grant authorities, and ownership and liability provisions. EPA’s Brownfields Program provides funds to empower states, Tribal Nations, communities, and nonprofit organizations to prevent, inventory, assess, clean up, and reuse brownfield sites. This guidance provides information on applying for Community-wide Assessment Grants for States and Tribes. This program is being funded by the Infrastructure Investment and Jobs Act (Public Law 117-58, the “Bipartisan Infrastructure Law”).

Assessment Grants provide funding for developing inventories of brownfield sites, prioritizing sites, conducting community involvement activities, conducting planning, conducting site assessments, developing site-specific cleanup plans, and developing reuse plans related to brownfield sites. A portion of the Assessment Grant funding must be used to conduct site assessments. Assessment Grant funds may not be used to conduct cleanup activities.

Community-wide Assessment Grants for States and Tribes are available to:

• states (i.e., state agencies that are subject to the direct control of the governor or other elected executive officials such as environmental agencies, transportation agencies, health departments, parks and recreation departments, and departments of commerce); and
• Tribes (i.e., federally recognized Indian Tribes other than in Alaska; Intertribal Consortia comprised of eligible Indian Tribes, Alaska Native Regional Corporations, Alaska Native Village Corporations, and the Metlakatla Indian Community).

Note, state and Tribal universities and colleges are not eligible for Community-wide Assessment Grants for States and Tribes but may apply for other types of Assessment Grants if they are otherwise eligible (e.g., are exempt from taxation under section 501(c)(3) of the Internal Revenue Code).

Applicants may request funding up to $2,000,000 to address sites contaminated by hazardous substances (i.e., sites with potential contamination of hazardous substances, pollutants, or contaminants) and/or petroleum (i.e., sites with potential petroleum contamination) throughout their jurisdiction. Recipients will be required to assess sites (a minimum of 10) throughout their geographic boundary(ies). All sites selected during the period of performance (i.e., sites that were not identified in the original workplan) must be located in an underserved community.