Justice Assistant Grant (JAG) 2011Masterpiece on the Mississippi
Dubuque
kittd
AN-America City
`
t '
2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: 2011 Justice Assistance Grant (JAG) Approval and Acceptance of Grant
Award
DATE: September 13, 2011
Chief of Police Mark Dalsing is recommending City Council approval to accept the 2011
Justice Assistance Grant (JAG) award in the amount of $57,858 from the Edward Byrne
Memorial Assistance Grant program and authorize the signing of the award document
and special conditions. This grant requires no local match. There are nine key
components:
1. Police Tactical Response
2. Explorer Post
3. Mobile Field Force Team Equipment
4. Water Rescue and Recovery
5. Territory Accountability Design and Narcotics
6. Community Resource Officers
7. Accident/Crime Scene Reconstruction Equipment & Software
8. Handheld Alcohol Breath Testing Devices
9. Smart Phone Upgrade and Software
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Mark Dalsing, Chief of Police
THE CITY OF
DU MEMORANDUM
Masterpiece on the Mississippi
Date: September 7, 2011
To: Michael C. Van Milligen
City Manager
From: Mark Dalsing )/14
Chief of Police
Re: 2011 Justice Assistance Grant (JAG) Approval and Acceptance of grant award
INTRODUCTION:
The purpose of this memorandum is to request City Council approval to accept the 2011
Justice Assistance Grant (JAG) application. The grant is for $57,858 and requires no
cash match. The grant funding period ends September 30, 2014.
BACKGROUND:
For the past years, the police department has participated with the Edward Byrne
Memorial Justice Assistance Grant allowing the department to obtain overtime funds,
equipment, and supplies for various prevention and enforcement activities. Again this
year, the 2011 Edward Byrne Memorial Justice Assistance Grant (JAG) Program
provides federal criminal justice funding to state and local jurisdictions. JAG funds
support all components of the criminal justice system, from multijurisdictional drug and
gang task forces to crime prevention and domestic violence programs, courts,
corrections, treatment, and justice information sharing initiatives.
The purpose of the Edward Byrne Memorial Justice Assistance Grant is to assist local
units of government with grant funds for local initiatives, technical assistance, training,
personnel, equipment, supplies, contractual support, and information systems for
criminal justice for any one or more of the following purpose areas:
• Law Enforcement Programs
• Prosecution and Court Programs
• Prevention and Education Programs
• Corrections and Community Corrections Programs
• Drug Treatment and Enforcement Programs
• Planning, Evaluation, and Technology Improvement Programs
• Crime Victim and Witness Programs (other than compensation)
DISCUSSION:
On July 18, 2011, the City Council approved the submission of the Justice Assistance
grant application in the amount of $57,858. The Justice Assistance Grant requested
operating funds for the following key law enforcement components:
A) Tactical Response - Providing funds for a hostage negotiator "throw" phone for
controlled communications during standoffs or other emergency situations.
B) Explorer Post— Providing overtime funds for post advisors and instructors, and
funds for supplies and materials for a 12 month Law Enforcement Explorer Post.
C) Mobile Field Force Team Equipment— Providing funds for additional special
equipment and clothing related to crowd control and riot suppression situations.
D) Water Rescue and Recovery— Providing funds to equip a water rescue and
recovery team for water based incidents.
E) Territory Accountability Design (TAD) and Narcotics — Provides funds for
quarterly TAD special projects aimed at crime reduction in targeted areas
established by statistical analysis.
F) Community Resource Officers — Providing funding for student interns to work
within the Community Policing division on prevention, research, and non - emergency
intervention and support service projects.
G) Accident/Crime Scene Reconstruction Equipment & Software — Providing
funding for equipment and software for precise laser measuring and map creation at
major accident and crime scenes
H) Handheld Alcohol Breath Testing Devices — Providing funding for field testing
breath samples for alcohol detection
1) Smart Phone Upgrade and Software — Providing funding to upgrade cellular
phones to "smart phones" and install software capable of running license plates,
driver's license and wanted /warrant information. Units will be assigned to bicycle
patrol and investigative staff who frequently need the information but do not have
access to car computers.
On September 6, 2011 we received notification the Justice Assistance grant application
was approved. To accept the award, we are instructed to complete the following as
soon as possible:
1. Print the Award Document and Special Conditions
2. Sign the Award Document (The Award Document is the page that requires the
Mayor's signature; it has a blank spot for "Authorized Recipient Signature ")
3. Initial the bottom right corner of every Special conditions page(s) and
4. Fax BOTH the Award Document and the Special Conditions page(s) to (866)
388 -3055 or (202)354 -4081. Acceptance documents may also be e- mailed to
a ccepta n ce(a� u sd o j. g ov.
RECOMMENDATION:
It is recommended we accept the 2011 Justice Assistance Grant in the amount of
$57,858, complete the award document noting the special conditions and return to the
Bureau of Justice Assistance with the appropriate signature and initials.
ACTION REQUESTED:
For City Council consideration and approval accepting the 2011 Justice Assistance
Grant award in the amount of $57,858 and authorize the signing of the award document
and special conditions.
cc: Cindy Steinhauser, Assistant City Manager
Jenny Larson, Budget Director
Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
•
Grant
PAGE 1 OF 6
1. RECIPIENT NAME AND ADDRESS (Including Zip Code)
City of Dubuque
13th and Central Avenue
Dubuque, IA 52001 -4837
4. AWARD NUMBER: 2011 -DJ -BX -3098
5. PROJECT PERIOD: FROM 10/01/2010 TO 09/30/2014
BUDGET PERIOD: FROM 10/01/2010 TO 09/30/2014
6. AWARD DATE 09/02/2011
7. ACTION
Initial
1A. GRANTEE IRS/VENDOR NO.
426004596
8. SUPPLEMENT NUMBER
00
9. PREVIOUS AWARD AMOUNT $ 0
3. PROJECT TITLE
City of Dubuque 2011 Law Enforcement, Prevention, Preparedness,
Investigation, and Tactical Response Project
10. AMOUNT OF THIS AWARD $ 57,858
11. TOTAL AWARD $ 57,858
12. SPECIAL CONDITIONS
THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH
ON THE ATTACHED PAGE(S).
13. STATUTORY AUTHORITY FOR GRANT
This project is supported under FY11(BJA - JAG) 42 USC 3750, et seq.
15. METHOD OF PAYMENT
GPRS
AGENCY APPROVAL
GRANTEE ACCEPTANCE
16. TYPED NAME AND TITLE OF APPROVING OFFICIAL
Denise O'Donnell
Director
18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL
Roy Buol
Mayor
17. SIGNATURE OF APPROVING OFFICIAL
19. SIGNA RE OF AUTHORIZED RECIPIENT OFFICIAL
■ t , L'1,-",
19A. DATE
0/,,,
AGENCY USE ONL7
20. ACCOUNTING CLASSIFICATION CODES
FISCAL FUND BUD. DIV.
YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT
X B DJ 80 00 00 57858
21. KDJUGT1163
OJP FORM 4000/2 (REV. 5 -87) PREVIOUS EDITIONS ARE OBSOLETE.
Enforcing Civil Rights Laws
All recipients of Federal financial assistance, regardless of the particular funding source, the amount of the grant award, or the nun
employees in the workforce, are subject to the prohibitions against unlawful discrimination. Accordingly, OCR investigates recipic
are the subject of discrimination complaints from both individuals and groups. In addition, based on regulatory criteria, OCR selec
number of recipients each year for compliance reviews, audits that require recipients to submit data showing that they are providin,
equitably to all segments of their service population and that their employment practices meet equal employment opportunity stanc
Complying with the Safe Streets Act or Program Requirements
In addition to these general prohibitions, an organization which is a recipient of financial assistance subject to the nondiscriminatic
provisions of the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, 42 U.S.C. § 3789d(c), or other Federal €
program requirements, must meet two additional requirements:(1) complying with Federal regulations pertaining to the developme
Equal Employment Opportunity Plan (EEOP), 28 C.F.R. § 42.301 -.308, and (2) submitting to OCR Findings of Discrimination (se
C.F.R. §§ 42.205(5) or 31.202(5)).
1) Meeting the EEOP Requirement
In accordance with Federal regulations, Assurance No. 6 in the Standard Assurances, COPS Assurance No. 8.B, or certain Federal
program requirements, your organization must comply with the following EEOP reporting requirements:
If your organization has received an award for $500,000 or more and has 50 or more employees (counting both full- and part-time
employees but excluding political appointees), then it has to prepare an EEOP and submit it to OCR for review within 60 days fro
date of this letter. For assistance in developing an EEOP, please consult OCR's website at http: / /www.ojp.usdoj.gov /ocr / eeop.htm
may also request technical assistance from an EEOP specialist at OCR by dialing (202) 616 -3208.
If your organization received an award between $25,000 and $500,000 and has 50 or more employees, your organization still has ti
an EEOP, but it does not have to submit the EEOP to OCR for review. Instead, your organization has to maintain the EEOP on file
make it available for review on request. In addition, your organization has to complete Section B of the Certification Form and reti
OCR. The Certification Form can be found at http: / /www.ojp.usdoj.gov /ocr /eeop.htm.
If your organization received an award for less than $25,000; or if your organization has less than 50 employees, regardless of the
the award; or if your organization is a medical institution, educational institution, nonprofit organization or Indian tribe, then your
organization is exempt from the EEOP requirement. However, your organization must complete Section A of the Certification For
return it to OCR. The Certification Form can be found at http: / /www.ojp.usdoj.gov /ocr /eeop.htm.
2) Submitting Findings of Discrimination
In the event a Federal or State court or Federal or State administrative agency makes an adverse finding of discrimination against y
organization after a due process hearing, on the ground of race, color, religion, national origin, or sex, your organization must subn
of the finding to OCR for review.
Ensuring the Compliance of Subrecipients
If your organization makes subawards to other agencies, you are responsible for assuring that subrecipients also comply with all of
applicable Federal civil rights laws, including the requirements pertaining to developing and submitting an EEOP, reporting Findir.
Discrimination, and providing language services to LEP persons. State agencies that make subawards must have in place standard ,
assurances and review procedures to demonstrate that they are effectively monitoring the civil rights compliance of subrecipients.
If we can assist you in any way in fulfilling your civil rights responsibilities as a recipient of Federal funding, please call OCR at (:
0690 or visit our website at http: / /www.ojp.usdoj.gov /ocr /.
Sincerely,
ice--/ a. caw,—
Michael L. Alston
Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD CONTINUATION
SHEET
Grant
PROJECT NUMBER 2011 -DJ -BX -3098 AWARD DATE 09/02/2011
SPECIAL CONDITIONS
PAGE 2 OF 6
1. The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the
Office of Justice Programs (OJP) Financial Guide.
2. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is
required to submit one pursuant to 28 C.F.R. Section 42.302), that is approved by the Office for Civil Rights, is a
violation of its Certified Assurances and may result in suspension or termination of funding, until such time as the
recipient is in compliance.
3. The recipient agrees to comply with the organizational audit requirements of OMB Circular A -133, Audits of States,
Local Governments, and Non - Profit Organizations, and further understands and agrees that funds may be withheld, or
other related requirements may be imposed, if outstanding audit issues (if any) from OMB Circular A -133 audits (and
any other audits of OJP grant funds) are not satisfactorily and promptly addressed, as further described in the current
edition of the OJP Financial Guide.
4. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the
enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the
express prior written approval of OJP.
5. The recipient must promptly refer to the DOJ OIG any credible evidence that a principal, employee, agent, contractor,
subgrantee, subcontractor, or other person has either 1) submitted a false claim for grant funds under the False Claims
Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or
similar misconduct involving grant funds. This condition also applies to any subrecipients. Potential fraud, waste,
abuse, or misconduct should be reported to the OIG by -
mail:
Office of the Inspector General
U.S. Department of Justice
Investigations Division
950 Pennsylvania Avenue, N.W.
Room 4706
Washington, DC 20530
e -mail: oig.hotline @usdoj.gov
hotline: (contact information in English and Spanish): (800) 869 -4499
or hotline fax: (202) 616 -9881
Additional information is available from the DOJ OIG website at www.usdoj.gov /oig.
6. Recipient understands and agrees That it cannot use any federal funds, either directly or indirectly, in support of any
contract or subaward to either the Association of Community Organizations for Reform Now (ACORN) or its
subsidiaries, without the express prior written approval of OJP.
7. The recipient agrees to comply with any additional requirements that may be imposed during the grant performance
period if the agency determines that the recipient is a high -risk grantee. Cf. 28 C.F.R. parts 66, 70.
Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD CONTINUATION
SHEET
PAGE 3 OF 6
Grant
PROJECT NUMBER 2011 -DJ -BX -3098 AWARD DATE 09/02/2011
SPECIAL CONDITIONS
8. Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg.
51225 (October 1, 2009), the Department encourages recipients and sub recipients to adopt and enforce policies
banning employees from text messaging while driving any vehicle during the course of performing work funded by this
grant, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease
crashes caused by distracted drivers.
9. The recipient agrees to comply with applicable requirements regarding Central Contractor Registration (CCR) and
applicable restrictions on subawards to first -tier subrecipients that do not acquire and provide a Data Universal
Numbering System (DUNS) number. The details of recipient obligations are posted on the Office of Justice Programs
web site at http : / /www.ojp.gov /funding/ccr.htm (Award condition: Central Contractor Registration and Universal
Identifier Requirements), and are incorporated by reference here. This special condition does not apply to an award to
an individual who received the award as a natural person (i.e., unrelated to any business or non -profit organization that
he or she may own or operate in his or her name).
10. The recipient agrees to comply with applicable requirements to report first -tier subawards of $25,000 or more and, in
certain circumstances, to report the names and total compensation of the five most highly compensated executives of
the recipient and first -tier subrecipients of award funds. Such data will be submitted to the FFATA Subaward
Reporting System (FSRS). The details of recipient obligations, which derive from the Federal Funding Accountability
and Transparency Act of 2006 (FFATA), are posted on the Office of Justice Programs web site at
http: / /www.ojp.gov /funding/ffata.htm (Award condition: Reporting Subawards and Executive Compensation), and are
incorporated by reference here. This condition, and its reporting requirement does not apply to grant awards made to
an individual who received the award as a natural person (i.e., unrelated to any business or non - profit organization that
he or she may own operate in his or her name).
11 The recipient is required to establish a trust fund account. (The trust fund may or may not be an interest- bearing
account.) The fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond
the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate
and expend the grant funds in the trust fund (including any interest earned) during the period of the grant. Grant funds
(including any interest earned) not expended by the end of the grant period must be returned to the Bureau of Justice
Assistance no later than 90 days after the end of the grant period, along with the final submission of the Federal
Financial Report (SF -425).
12. To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information
sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent
possible, existing networks as the communication backbone to achieve interstate connectivity, unless the grantee can
demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the
functionality of an existing or proposed IT system.
13. To support public safety and justice information sharing, OJP requires the grantee to use the National Information
Exchange Model (NIEM) specifications and guidelines for this particular grant. Grantee shall publish and make
available without restriction all schemas generated as a result of this grant to the component registry as specified in the
guidelines. For more information on compliance with this special condition, visit
http://www.niem.gov/implementationguide.php.
Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD CONTINUATION
SHEET
Grant
PROJECT NUMBER 2011 -DJ -BX -3098 AWARD DATE 09/02/2011
PAGE 4 OF 6
SPECIAL CONDITIONS
14. The grantee agrees to assist BJA in complying with the National Environmental Policy Act (NEPA), the National
Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these
grant funds, either directly by the grantee or by a subgrantee. Accordingly, the grantee agrees to first determine if any
of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is
determined that any of the following activities will be funded by the grant, the grantee agrees to contact BJA.
The grantee understands that this special condition applies to its following new activities whether or not they are being
specifically funded with these grant funds. That is, as long as the activity is being conducted by the grantee, a
subgrantee, or any third party and the activity needs to be undertaken in order to use these grant funds, this special
condition must first be met. The activities covered by this special condition are:
a. New construction;
b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including
properties located within a 100 -year flood plain, a wetland, or habitat for endangered species, or a property listed on or
eligible for listing on the National Register of Historic Places;
c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic
prior use or (b) significantly change its size;
d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an
incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or
education environments; and
e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the
identification, seizure, or closure of clandestine methamphetamine laboratories.
The grantee understands and agrees that complying with NEPA may require the preparation of an Environmental
Assessment and/or an Environmental Impact Statement, as directed by BJA. The grantee further understands and
agrees to the requirements for implementation of a Mitigation Plan, as detailed at
http: / /www.ojp. usdoj .gov /BJA/resource /nepa.html, for programs relating to methamphetamine laboratory operations.
Application of This Special Condition to Grantee's Existing Programs or Activities: For any of the grantee's or its
subgrantees' existing programs or activities that will be funded by these grant funds, the grantee, upon specific request
from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment
of that funded program or activity.
15. The recipient agrees that any information technology system funded or supported by OJP funds will comply with 28
C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable.
Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as
per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 42 U.S.C.
3789g(c) -(d). Recipient may not satisfy such a fine with federal funds.
16. The recipient agrees to ensure that the State Information Technology Point of Contact receives written notification
regarding any information technology project funded by this grant during the obligation and expenditure period. This is
to facilitate communication among local and state govemmental entities regarding various information technology
projects being conducted with these grant funds. In addition, the recipient agrees to maintain an administrative file
documenting the meeting of this requirement. For a list of State Information Technology Points of Contact, go to
http://www. it. o j p. gov/default. aspx? area =p o l i cyAndPractice &page =1046.
Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD CONTINUATION
SHEET
Grant
PAGE 5 OF 6
PROJECT NUMBER 2011 -DJ -BX -3098 AWARD DATE 09/02/2011
SPECIAL CONDITIONS
17. The grantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the Department of Justice
regulation governing "Equal Treatment for Faith Based Organizations" (the "Equal Treatment Regulation "). The Equal
Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to
fund any inherently religious activities, such as worship, religious instruction, or proselytization. Recipients of direct
grants may still engage in inherently religious activities, but such activities must be separate in time or place from the
Department of Justice funded program, and participation in such activities by individuals receiving services from the
grantee or a sub - grantee must be voluntary. The Equal Treatment Regulation also makes clear that organizations
participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision
of services on the basis of a beneficiary's religion. Notwithstanding any other special condition of this award, faith -
based organizations may, in some circumstances, consider religion as a basis for employment. See
http://www.ojp.gov/about/ocr/equalfbo.htm.
18. The recipient acknowledges that all programs funded through subawards, whether at the state or local levels, must
conform to the grant program requirements as stated in BJA program guidance.
19. Grantee agrees to comply with the requirements of 28 C.F.R. Part 46 and all Office of Justice Programs policies and
procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board
approval, if appropriate, and subject informed consent.
20. Grantee agrees to comply with all confidentiality requirements of 42 U.S.C. section 3789g and 28 C.F.R. Part 22 that
are applicable to collection, use, and revelation of data or information. Grantee further agrees, as a condition of grant
approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular,
section 22.23.
21. The recipient agrees that funds received under this award will not be used to supplant State or local funds, but will be
used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for law
enforcement activities.
22. Award recipients must submit quarterly a Federal Financial Report (SF -425) and annual performance reports through
GMS (https: / /grants.ojp.usdoj.gov). Consistent with the Department's responsibilities under the Government
Performance and Results Act (GPRA), P.L. 103 -62, applicants who receive funding under this solicitation must
provide data that measure the results of their work. Therefore, quarterly performance metrics reports must be submitted
through BJA's Performance Measurement Tool (PMT) website (www.bjaperformancetools.org). For more detailed
information on reporting and other JAG requirements, refer to the JAG reporting requirements webpage. Failure to
submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk
designation.
23. The recipient agrees to monitor subawards under this JAG award in accordance with all applicable statutes, regulations,
OMB circulars, and guidelines, including the OJP Financial Guide, and to include the applicable conditions of this
award in any subaward. The recipient is responsible for oversight of subrecipient spending and monitoring of specific
outcomes and benefits attributable to use of JAG funds by subrecipients. The recipient agrees to submit, upon request,
documentation of its policies and procedures for monitoring of subawards under this award.
24. Award recipients must verify Point of Contact(POC), Financial Point of Contact (FPOC), and Authorized
Representative contact information in GMS, including telephone number and e -mail address. If any information is
incorrect or has changed, a Grant Adjustment Notice (GAN) must be submitted via the Grants Management System
(GMS) to document changes.
Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD CONTINUATION
SHEET
Grant
PROJECT NUMBER 2011 -DJ -BX -3098 AWARD DATE 09/02/2011
PAGE 6 OF 6
SPECIAL CONDITIONS
25. The grantee agrees that within 120 days of award acceptance, each member of a law enforcement task force funded
with these funds who is a task force commander, agency executive, task force officer, or other task force member of
equivalent rank, will complete required online (internet- based) task force training. The training is provided free of
charge online through BJA's Center for Task Force Integrity and Leadership ( www.ctfli.org). All current and new task
force members are required to complete this training once during the life of the award, or once every four years if
multiple awards include this requirement. This training addresses task force effectiveness as well as other key issues
including privacy and civil liberties /rights, task force performance measurement, personnel selection, and task force
oversight and accountability. Additional information is available regarding this required training and access methods
via BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org).
26. Recipient may not expend or drawdown funds until the Bureau of Justice Assistance, Office of Justice Programs has
received documentation demonstrating that the state or local governing body review and/or community notification
requirements have been met and has issued a Grant Adjustment Notice (GAN) releasing this special condition.
27. Recipient may not expend or drawdown funds until the Bureau of Justice Assistance, Office of Justice Programs has
received and approved the signed Memorandum of Understanding (MOU) between the disparate jurisdictions and has
issued a Grant Adjustment Notice (GAN) releasing this special condition.
Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
Washington, D.C. 20531
Memorandum To: Official Grant File
From: Orbin Terry, NEPA Coordinator
Subject: Incorporates NEPA Compliance in Further Developmental Stages for City of
Dubuque
The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and local governments to
support a broad range of activities to prevent and control crime and to improve the criminal justice system, some
which could have environmental impacts. All recipients of JAG funding must assist BJA in complying with NEP
and other related federal environmental impact analyses requirements in the use of grant funds, whether the funds
are used directly by the grantee or by a subgrantee or third party. Accordingly, prior to obligating funds for any o
the specified activities, the grantee must first determine if any of the specified activities will be funded by the
grant.
The specified activities requiring environmental analysis are:
a. New construction;
b. Any renovation or remodeling of a property located in an environmentally or historically sensitive area,
including properties located within a 100 -year flood plain, a wetland, or habitat for endangered species, or a
property listed on or eligible for listing on the National Register of Historic Places;
c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its bas
prior use or (b) significantly change its size;
d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased a
an incidental component of a funded activity and (b) traditionally used, for example, in office, household,
recreational, or education environments; and
e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the
identification, seizure, or closure of clandestine methamphetamine laboratories.
Complying with NEPA may require the preparation of an Environmental Assessment and /or an Environmental
Impact Statement, as directed by BJA. Further, for programs relating to methamphetamine laboratory operations,
the preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Plan
requirements, please see http: / /www.ojp.usdoj .govBJA/resource /nepa.html.
Please be sure to carefully review the grant conditions on your award document, as it may contain more specific
information about environmental compliance.