Congress did not specifically define CBO in Section 138 of the Clean Air Act (CAA). The Community Change Grants NOFO will contain further information on how EPA is defining the term CBO. At a minimum, a qualifying CBO must meet the definition of “nonprofit organization” stated below from grant regulation 2 CFR 200.1 and must also include documentation in their application demonstrating that they are a 501(c)(3) nonprofit organization as designated by the Internal Revenue Service or are recognized as a nonprofit organization by the state, territory, commonwealth, tribe, or other governmental entity within which they are located. This can be done, for example, by submitting a letter from the state where the organization is located that recognizes them as a nonprofit organization. In addition, intertribal consortia may be able to qualify as a CBO depending on whether these and other requirements in the Community Change Grants NOFO are met.
2 CFR 200.1 definition: Nonprofit organization means any corporation, trust, association, cooperative, or other organization, not including Institutions of Higher Education (IHEs), that: • Is operated primarily for scientific, educational, service, charitable, or similar purposes in the public interest; • Is not organized primarily for profit; and • Uses net proceeds to maintain, improve, or expand the operations of the organization
