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This month’s update warns of sanctions religious institutions could face should they transfer something of value to someone in the organization whom the IRS determines to be “disqualified,” resulting in an “excess benefit transaction.”

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Environment
Alert - August 26, 2009
 
EPA Accepting Applications for $80 Million in Brownfields Grants
 
 August 26, 2009
 
Nicholas William Targ - San Francisco

The United States Environmental Protection Agency (EPA) Brownfields Program posted guidelines and applications online for approximately $80 million in grants on August 12, 2009. These grants are ideal for use in conjunction with public/private projects.

Applications are due at EPA by October 16, 2009. Applicants should be state entities, tribes, local governments and redevelopment agencies. For Cleanup Grants, non-profits also are eligible to apply. EPA typically makes funding decisions in December or January; awards will be made in summer 2010. Please note that applicants cannot be responsible parties under CERCLA for the contamination at issue.

Three Types of Grants

Three types of grants are available:

  1. Brownfields Assessment Grants ($37.3 million total, $200,000/parcel, potentially $350,000 for larger parcels). Provides funds to inventory, characterize, assess, and conduct planning (including cleanup planning) and community involvement related to brownfield sites. (One brownfield development site may include multiple parcels.)
  2. Brownfields Revolving Loan Fund (RLF) Grants ($7 million total, $1 million/grant). Provides funding for a grant recipient to capitalize a revolving fund and to make loans and provide subgrants to carry out cleanup activities at brownfield sites. Special for this year, the RLF grants are open only to cities/counties/redevelopment agencies/tribes/state entities that have not received funding under this program. EPA expects to make only seven RLF grants.
  3. Brownfields Cleanup Grants ($35.1 million total, $200,000/parcel). Provides funds to carry out cleanup activities at a specific brownfield site owned by the applicant (One brownfield development site may include multiple parcels.)

Your Holland & Knight team would be pleased to discuss these opportunities with you in greater detail and help coordinate the application process. Applicants are more likely to receive grants where there is early coordination among the parties to a given project.

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