Sign In or Create an Account.

By continuing, you agree to the Terms of Service and acknowledge our Privacy Policy

Politics

How Government Grants Actually Turn Into Cash

Here’s why Trump’s funding freeze created so much chaos.

Money disbursement.
Heatmap Illustration/Getty Images

A memo issued to federal agencies from the White House budget office on Monday landed like an atom bomb. The Trump administration ordered a pause on the obligation or disbursement of federal financial assistance. In laymen’s terms, that means an immediate freeze on payouts of federal grants — even those already awarded. The news sent a mushroom cloud of confusion and fear through state and local governments, schools, nonprofits, and companies that have set up programs and financed projects based on that funding.

Experts say the move is illegal and many groups moved quickly to sue. By Tuesday afternoon, a federal judge had temporarily blocked the funding freeze.

A 1974 law called the Impoundment Control Act prohibits the president from holding back congressionally appropriated funds indefinitely without permission from Congress. As Georgetown University law professor David Super explained in a blog post today, the law also prohibits presidents from deferring funds based on policy disagreements. The memo from the Office of Management and Budget makes Trump’s policy intent explicit — it specifically directs agency heads to pause activities that “may be implicated by the executive orders, including, but not limited to … DEI, woke gender ideology, and the green new deal.” It notes that the pause “will provide the Administration time to review agency programs and determine the best uses of the funding for those programs consistent with the law and the President’s priorities.”

Some have interpreted the memo as the first salvo in an attack on the separation of powers. But perhaps the most immediate reason the pause is so cataclysmic is because of the way federal grants work.

When an entity wins federal funds, be it $270 million to expand a copper recycling facility in Kentucky, or $1.2 billion to build a hydrogen hub on the Gulf Coast, or $149 million for the state of Wisconsin to set up home energy efficiency rebate programs, the awardee doesn’t just get the money transferred over to their bank account in a lump sum. Every federal grant program works slightly differently, but the majority of them are essentially pay-as-you-go.

The first thing that happens after an agency awards a grant to a given project is the two parties negotiate a contract, outlining the terms under which the award will be administered. What milestones does the project need to hit? What does the recipient need to report back to the agency? In the context of many Department of Energy programs, this contract is called a cooperative agreement, where federal staff continue to be involved in the project throughout its implementation.

After both parties sign the agreement, the money is considered “obligated,” which means the government has a legal duty to disburse those funds per the terms of the agreement. There might be some initial transfer of funds at this point to kickstart the project, depending on the program and contract. But the recipient may not get any money at all until they submit for reimbursement.

Yep, that’s right. If you win millions of dollars from the government, you still need to submit your receipts to get paid.

This is typically not a one-and-done process. A lot of grant programs fund years-long projects, and recipients regularly invoice the government for reimbursement throughout that time. In the case of the DOE, most programs also have a cost-share requirement, where the agency will reimburse a project developer for whatever portion of the expenses it has agreed to pay. For the Inflation Reduction Act’s Home Energy Rebates, where the funding is distributed to states to implement their own programs, the program is set up to transfer funds to state energy offices in four “tranches” as recipients hit certain benchmarks.

While some projects are fully obligated up front, meaning the grantee is entitled to the full amount, others are obligated in phases. For example, the Department of Energy has selected seven regional hydrogen hubs to receive up to $7 billion. But each of those seven hubs has only been awarded a portion of the funding for “phase 1,” which can be used to pay for “initial planning, design, and community and labor engagement activities.” When they are ready to move into phase 2, they’ll have to negotiate a new award for project development, permitting, and financing. Each advancement is subject to a go/no-go decision by the DOE.

Before Biden left office, his administration said it had obligated 85% of all grants from the Inflation Reduction Act. But as you can see, most of that money is not yet out the door.

Green

You’re out of free articles.

Use code: LABORDAY to save 20%.
Subscribe to access Heatmap’s exclusive polling and expert analysis of energy, climate change, and sustainability, now just $99/year $79.20/year.
To continue reading
Create a free account or sign in to unlock more free articles.
or
Please enter an email address
By continuing, you agree to the Terms of Service and acknowledge our Privacy Policy
Q&A

How Building Transmission Could Lower Electricity Costs

Talking with National Grid’s Matthew Satterwhite about his new report with S&P Global.

The Q&A subject.
Heatmap Illustration

This week’s conversation is with Matthew Satterwhite, head of U.S. policy for National Grid. This week National Grid released a report in collaboration with S&P Global I found noteworthy amidst the data center backlash, asserting that building new transmission lines can potentially reduce consumer costs. I reached out asking if we could chat about how this argument leans into the fight over hyperscale infrastructure. I found our conversation illuminating and educational.

The following Q&A was lightly edited for clarity.

Keep reading...Show less
Yellow
Hotspots

The Solar Farm-to-Data Center Switcheroo Hits a Snag

Plus more of the week’s biggest development fights.

The United States.
Heatmap Illustration/Getty Images

1. Clark County, Nevada – The first data center approved on federal lands has hit a legal brick wall.

  • On Monday, the Townsite 2 solar farm-to-data center environmental review swap I’ve previously covered received a stay from the Interior Department’s board of appeals. David Gunter, a Biden appointee, ruled that the Center for Biological Diversity’s appeal of the permit flip was likely to succeed on the merits because a solar farm … is not a data center. Seems logical!
  • As I covered at the time, the Bureau of Land Management approved the environmental review swap claiming that a solar farm and a data center have essentially the same characteristics. It was a bold claim. Both the agency and Townsite said the characteristics would have substantially the same environmental impacts. Gunter shrugged off the claim idea, however, stating that statute requires projects to be both substantially similar and have equally similar impacts under the National Environmental Policy Act.
  • Crucially, Gunter also noted that the federal agency had never done an environmental review of any data centers under NEPA, so there’s not even a proper frame of reference. “BLM has not studied the Townsite data center project, or indeed any other data center project, in any environmental document,” he wrote.

2. Jackson County, Missouri – We have yet another high-profile case of a city councilor losing their job over voting for a data center, and this one’s a doozy.

Keep reading...Show less
Yellow
Spotlight

These 5 States Are Primed for a Data Center Pause

Where temporary moratoria could happen next.

A data center protest.
Heatmap Illustration/Getty Images

Brace yourself for more statewide data center moratoria.

So far there are only two full state-wide blocks on data center permits, in New York and Texas. At least fifteen states have moratorium legislation in the pipeline, but few if any of those bills stand a chance of becoming law in the short term. Here are five states, however, where a broad development pause may gain momentum in the next year or two — and all of them are crucial to watch this November.

Keep reading...Show less
Yellow