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a. Stafford Act Disaster Grants. This requirement does not ap ly to the Public <br />Assistance, Hazard Mitigation Grant Program, Fire Management Assistance Grant <br />Program, Crisis Counseling Assistance and Training Grant Program, Disaster Case <br />Management Grant Program, and Federal Assistance to .Individuals and Households — <br />Other Needs Assistance Grant Program, as FEMA awards under these programs do <br />not meet the definition of "funding agreement." <br />b. If the FEMA award meets the definition of "funding agreement" under 37 C.F.R.§ <br />401.2(a) and the non -Federal entity wishes to enter into a contract with a small business <br />firm or nonprofit organization regarding the substitution of parties, assignment or <br />performance of experimental, developmental, or research work under that "funding <br />agreement," the non -Federal entity must comply with the requirements of 37 C.F.R. <br />Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business <br />Firms Under Govemment Grants, Contracts and Cooperative Agreements), and any <br />implementing regulations issued by FEMA. See 2 C.F.R. Part 200, Appendix II, F. <br />c. The regulation at 37 C.F.R. § 401.2(a) currently defines "funding agreement" as, any <br />contract, grant, or cooperative agreement entered into between any Federal agency, <br />other than the Tennessee Valley Authority, and any contractor for the performance of <br />experimental, developmental, or research work funded in whole or in part by the Federal <br />government. This term also includes any assignment, substitution of parties, or <br />subcontract of any type entered into for the performance of experimental, <br />developmental, or research work under a funding agreement as defined in the first <br />sentence of this paragraph. <br />7. Clean Air Act and the Federal Water Pollution Control Act <br />Contracts of amounts in excess of $150,000 must contain a provision that requires the contractor <br />to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean <br />Air Act (42 U.S.C.§§ 7401-7671q) and the Federal Water Pollution Control Act as amended (33 <br />U.S.C. §§ 1251-1387). Violations must be reported to FEMA and the Regional Office of the <br />Environmental Protection Agency. See 2 C.F.R. Part 200, Appendix II, G. <br />a. The following provides a sample contract: clause conceming compliance for <br />contracts of amounts in excess of $150,000: <br />Clean Air Act <br />(1) The contractor agrees to comply with all applicable standards, orders or <br />regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. <br />§ 7401 et seq. <br />(2) The contractor agrees to report each violation to the (name of the state <br />agency or local or Indian tribal govemment) and understands and agrees that <br />the (name of the state agency or local or Indian tribal government) will, in tum, <br />report each violation as required to assure notification to the (name of <br />recipient), Federal Emergency Management Agency, and the appropriate <br />Environmental Protection Agency Regional Office. <br />(3) The contractor agrees to include these requirements in each subcontract <br />exceeding $150,000 financed in whole or in part with Federal assistance <br />provided by FEMA. <br />Federal Water Pollution Control Act <br />64 <br />143 <br />