RLA Foa_Content_of_F21AS00172.FINAL.pdf

U.S. Fish and Wildlife Service

FWS - Ecological Services https://www.fws.gov/endangered/grants/index.html

Cooperative Endangered Species Conservation Fund:

Recovery Land Acquisition Grants

Fiscal Year: 2021

F21AS00172

Due Date for Applications: 04/09/2021

PAPERWORK REDUCTION ACT STATEMENT:

OMB Control Number: 1018-0100, Expiration Date: 7/31/2021

We are collecting this information in accordance with the authorizing legislation identified above. Your response is required to obtain or retain a benefit. We will use the information you provide to conduct a competitive review and select projects for funding and, if awarded, to evaluate performance. We may not conduct or sponsor and you are not required to respond to a collection of information unless it displays a currently valid Office of Management and Budget

(OMB) control number. We estimate that it will take you on average about 40 hours to complete an initial application, about 3 hours to revise the terms of an award, and about 8 hours per report to prepare and submit financial and performance reports, including time to maintain records and gather information. Actual time for these activities will vary depending on program-specific requirements. You may send comments on the burden estimate or any other aspect of this information collection to the Information Collection Clearance Officer, U.S. Fish and Wildlife

Service, MS BPHC, 5275 Leesburg Pike, Falls Church, VA 22041-3803.

Table of Contents

A. Program Description

A1. Authority

A2. Background, Purpose and Program Requirements

B. Federal Award Information

B1. Total Funding

B2. Expected Award Amount

B3. Expected Award Funding and Anticipated Dates

B4. Number of Awards

B5. Type of Award

C. Eligibility Information

C1. Eligible Applicants

C2. Cost Sharing or Matching

C3. Other

D. Application and Submission Information

D1. Address to Request Application Package

D2. Content and Form of Application Submission

D3. Unique Entity Identifier and System for Award Management (SAM)

D4. Submission Dates and Times

D5. Intergovernmental Review

D6. Funding Restrictions

D7. Other Submission Requirements

E. Application Review Information

E1. Criteria

E2. Review and Selection Process

E3. CFR – Regulatory Information

E4. Anticipated Announcement and Federal Award Dates

F. Federal Award Administration Information

F1. Federal Award Notices

F2. Administrative and National Policy Requirements

F3. Reporting

G. Federal Awarding Agency Contact(s)

G1. Program Technical Contact

G2. Program Administration

G3. Application System Technical Support

H. Other Information

A. Program Description

A1. Authority

16 U.S.C. §1535

15.615

A2. Background, Purpose and Program Requirements

As many species listed as endangered or threatened under the Endangered Species Act (ESA) spend at least part of their life cycle on non-Federal lands, the U.S. Fish and Wildlife Service

(Service) recognizes success in conserving and recovering these species depends largely on working cooperatively with States and Territories (hereafter, “States”).

Section 6 of the ESA authorizes the Service to provide Federal financial assistance to eligible State agencies to support the development and implementation of conservation programs for the benefit of resident listed species. This financial assistance, provided in the form of competitive grants, is made available through the Cooperative Endangered Species Conservation Fund (CESCF) Grant Programs. This Notice of Funding Opportunity (NOFO) applies specifically to

CESCF Recovery Land Acquisition (RLA) Grants.

This NOFO fully describes application eligibility, evaluation, and selection. It should be read in its entirety as much of the information has changed from previous years. Given the significant investment of time and money associated with projects funded through this program, we also recommend you coordinate with the appropriate Service contact (Section G) before starting work on a project or application.

Loss of habitat is the primary threat to most listed species. Land acquisition is often the most effective and immediate means of protecting habitat, particularly in areas where development or land uses inconsistent with species recovery threaten to destroy, modify, or curtail key habitat attributes. Land acquisition is costly and often neither the Service nor the States individually have sufficient resources to acquire habitat necessary for listed species conservation.

First awarded in fiscal year (FY) 2001, RLA grants promote State and Federal cooperation in listed species conservation by leveraging funds to acquire specific parcels of land, through fee simple or conservation easement, in support of Service-approved recovery plans and outlines.

The ESA conveys the importance of recovery plans as a central organizing tool for guiding the recovery process by requiring their development for every listed species.

Only a species’ most recently approved recovery planning document will be considered under this opportunity. This includes a Service-approved final recovery plan or draft recovery plan if the species has been listed for at least 2 ½ years. A recovery outline may be referenced if the species has been listed less than 2 ½ years. Service-approved recovery plans and outlines can be accessed through the Service’s website at https://www.fws.gov/endangered/species/recovery-plans.html.

https://www.fws.gov/endangered/species/recovery-plans.html https://www.fws.gov/endangered/species/recovery-plans.html

To be considered for funding through this opportunity, the land proposed for acquisition must benefit at least one listed species for which (1) habitat loss is identified as a threat; and

(2) habitat protection is identified as a priority recovery action in the species’ most recently approved recovery planning document. Further, all applications must state a commitment to funding for, and implementation of, management of the land in perpetuity, consistent with the conservation needs of the species.

While all projects must be consistent with the conservation objectives outlined in a species’ most recently approved recovery planning document, those designed to have a direct and timely impact on species recovery, ideally moving the species toward down or delisting, will be prioritized. Projects that assist in stabilizing endangered and threatened species on the brink of extinction by implementing priority 1 and 2 recovery actions will also be given greater consideration.

The CESCF and RLA grants support the following Department of the Interior priorities for

Federal financial assistance.

Restoring trust with local communities

Expand the lines of communication with Governors, state natural resource offices, Fish and Wildlife offices, water authorities, county commissioners, Tribes, and local communities.

Striking a regulatory balance

Ensure that Endangered Species Act decisions are based on strong science and thorough analysis.

The Service recognizes that, in the exercise of their general governmental powers, States possess broad trustee and police powers over fish, wildlife, and plants and their habitats within their borders. Unless preempted by Federal authority, States possess primary authority and responsibility for protection and management of fish, wildlife, and plants and their habitats. The

Section 6 cooperative agreements entered into by the States and Service reflect a common commitment to actively advance the purpose and policies of the ESA, including providing a means to foster relationships with partners, reduce conflicts between listed species and economic development, and promote the long-term conservation of listed species and the ecosystems on which they depend. These grants encourage the cooperative implementation of the ESA by leveraging Federal investment in species recovery and demonstrate the Service’s commitment to cooperative conservation at the local level. Through these grants, the Service works collaboratively with State governments to manage and conserve listed species and their habitats in a manner that respects State management authority over wildlife resources.

B. Federal Award Information

B1. Total Funding

Estimated Total Funding $ 22,324,000

B2. Expected Award Amount

Maximum Award

$ 22,324,000

Minimum Award $10,000

B3. Expected Award Funding and Anticipated Dates

Expected Award Funding

Expected Award Date

July 31, 2021

The Service may award up to $22.3 million in funding through this opportunity. There is no minimum or maximum award amount and applications will compete at the national level. In FY

2019, the Service awarded approximately $23.2 million through 14 grants ranging from

$201,000 to $4.9 million.

Applications may address new or ongoing work. If a project supports the continuation of previous or ongoing work, a brief discussion of accomplishments to date and a justification for the continuation of work must be provided. While applications for ongoing work may be approved, funding will be awarded as a new grant with discrete objectives and deliverables. If a project is selected for funding, the Service is under no obligation to provide additional funding in connection with the project in a future competitive award cycle.

The Service intends to make award recommendations within 90 days of the closing date of this opportunity. Following review and approval, the Service’s Regional Offices will make pre-award notifications and outline the process for finalizing awards. The Service intends to make pre-award notifications by July 31, 2021, and obligate funds within 120 days. The maximum period of performance (PoP) for a grant awarded through this opportunity is three years, beginning on the effective date established at the time of grant approval or the date of award obligation, whichever is earlier.

Awarded grant funds must be expended in a timely manner or returned to the Service for reallocation through the next competitive award cycle. If an approved project cannot be completed within the award’s PoP, the State Director/Commissioner may request an extension of up to 12 months from the Assistant Director of Ecological Services. However, the Service will not consider requests to extend the PoP for projects that received additional consideration under the project readiness evaluation criterion (see Section E1) during merit review. Requests to amend awards that will impact project scope or scoring may only be considered with appropriate justification and will require elevated review through the Director’s Office, if first approved by the Assistant Director. Any project awarded funding that will not be completed, and from which funds are deobligated, may be eligible for funding in a future competitive award cycle.

B4. Number of Awards

Expected Number of Awards

In FY 2019, the average RLA grant award was $1.6 million. The Service expects to award 14 grants through this opportunity should the average grant amount remain consistent with the previous fiscal year.

B5. Type of Award

Funding Instrument Type

G - Grant

C. Eligibility Information

C1. Eligible Applicants

Eligible Applicants 00 – State governments

Additional Information on Eligibility

Only State agencies that have entered into a Cooperative Agreement pursuant to Section 6(c) of the ESA and have provided the information necessary for the annual renewal (reconfirmation) of their Cooperative Agreement are eligible to apply for funding. Applicants that have not fulfilled both criteria will not be considered. While funding may only be awarded to States, individuals or groups such as counties or conservation organizations may work with a State agency that has a cooperative agreement on conservation efforts that are mutually beneficial, as a subgrantee.

C2. Cost Sharing or Matching

Cost Sharing / Matching Requirement

Yes

Percentage of Cost Sharing / Matching Requirement

In accordance with section 6(d) of the ESA, the minimum non-Federal cost share is 25 percent of the total project cost, i.e., the amount requested from the program plus the amount of non‐ Federal cost share. Other funds related to the project, but not designated as cost share, should not be included in the total project costs when calculating minimum non-Federal cost share.

If a proposal involves the collaboration of two or more States, the minimum non-Federal cost share decreases to 10 percent of the total project cost. The project proposal and budget must reflect the work and responsibilities to be carried out by each of the cooperating States. The source(s) of the non-Federal cost share is up to the applicants and may come from more than one source. Each cooperating State is responsible for submitting performance and financial reports related to the joint project. Incomplete work by any one of the cooperating States may result in recovery of Federal funds from all States, if it is determined that the joint cooperative objective will not be accomplished.

In accordance with 48 United States Code (U.S.C.) 1469(a), Amendment of Subsection (d), the Regional Director shall waive up to $200,000 of the required match for each grant awarded to the Commonwealth of the Northern Mariana Islands and the Territories of American Samoa, Guam, and the U.S. Virgin Islands.

Non-Federal cost share requirements are detailed in 50 Code of Federal Regulations (CFR) 81.8(b) and allow the cost share to be in the form of cash or in-kind contributions, including real property, in accordance with the regulations at 2 CFR 200.306. The amount of non-Federal cost share will be considered in the evaluation and ranking of applications (see

Section E1).

https://www.govinfo.gov/content/pkg/USCODE-2009-title48/pdf/USCODE-2009-title48-chap10-sec1469a.pdf

C3. Other

Projects must support at least one listed species’ most recent Service-approved recovery planning document (Section A) in which habitat loss is identified as a threat and habitat protection is identified as a priority recovery action.

The specific parcel(s) of land proposed for acquisition with grant funds, or as non-Federal cost share, must be identified and sufficiently described to facilitate merit review based on the evaluation criteria listed in Section E. Parcels must be individually identified but can be grouped and described for evaluation purposes at the property or transaction level.

Applications must include a commitment to funding for, and implementation of, management of the land in perpetuity consistent with the conservation needs of the species.

A property may not be submitted for funding consideration under both the Recovery Land

Acquisition Grant Program and the Habitat Conservation Plan (HCP) Land Acquisition Grant

Program in the same fiscal year.

Projects must involve voluntary conservation efforts within the United States.

Applications cannot include Service Full-Time Equivalent (FTE) costs.

Neither funding awarded through this opportunity, nor the associated non-Federal cost share, may be used to satisfy regulatory requirements of the ESA, including complying with a biological opinion under Section 7, fulfilling Federal mitigation, minimization, and/or monitoring requirements of an HCP permitted under Section 10, or any other Federal regulatory mitigation requirement (e.g., mitigation for Clean Water Act permits).

State administrative costs must either be assumed by the State or included in the application in accordance with Federal requirements. Applications may not be submitted to cover administrative costs alone.

Federal land acquisition grant programs fund the purchase of land at market value, from willing sellers. Market value must be determined by appraisals performed in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions, and all other applicable laws and regulations. Appraisals are not required to be submitted as part of the application. Appraisals to

Federal standards are required prior to expenditure of funds if the project is selected for funding.

Please be aware that if an appraisal to Federal standards is not provided as part of the application, the amount specified in the pre-award notification will be based on the estimate of the land value as provided in the grant proposal. However, the actual purchase price will not be greater than the current market value as determined by an appraisal and appraisal review completed to Federal standards. States or other non-Federal partners will be responsible for ensuring that appraisal and title work are completed. The cost of conducting an appraisal(s) and completing title work, in accordance with Federal requirements, must either be assumed by the State or subrecipient (as cost share), or included as part of the Federal request in the project proposal.

Foreign Entities or Projects:

This program does not provide funding to foreign entities or for projects conducted outside the United States.

Excluded Parties: FWS conducts a review of the SAM.gov Exclusions database for all applicant entities and their key project personnel prior to award. The Bureau cannot award funds to entities or their key project personnel identified in the SAM.gov Exclusions database as ineligible, prohibited/restricted or otherwise excluded from receiving Federal contracts, certain subcontracts, and certain Federal assistance and benefits, as their ineligibility condition applies to this Federal program.

D. Application and Submission Information

D1. Address to Request Application Package

Applicants can request paper application packages through the appropriate contact listed below in Section G. Federal Awarding Agency Contacts.

Program Website Link https://www.fws.gov/endangered/grants/index.html

D2. Content and Form of Application Submission

SF-424, Application for Federal Assistance

Applicants must submit the appropriate Standard Form (SF)-424, Application for Federal

Assistance. Individuals applying as a private citizen (i.e., unrelated to any business or nonprofit organization you may own or operate in your name), must complete the SF-424, Application for

Federal Assistance-Individual form. All other applicants must complete the standard SF-424, Application for Federal Assistance. The required application forms are available with this announcement on Grants.gov. The SF-424, Application for Federal Assistance must be complete, and signed and dated. Please note: Enter only the amount requested from this Federal program in the “Federal” funding box on the SF-424 Application form. Include any other Federal sources of funding in the “Other” box and provide details on those Federal source(s) and funding amount(s) in the required Budget Narrative (see the “Budget Narrative” section below).

SF-424D, Assurances Any applicant requesting support for a construction projects must submit as signed and dated SF-

424D, Assurances for Construction Programs form. All required application forms are available with this announcement on Grants.gov.

Project Narrative Project narratives should be complete but concise, including only the information necessary to address all stated eligibility and evaluation criteria. Information must be provided for each property proposed for acquisition, whether with grant funds or non-Federal cost share. Because lands used for cost share purposes are part of the total project, reviewers must consider both when evaluating and scoring applications.

The project narrative must contain each of the elements described below to prompt applicants to address relevant eligibility and evaluation criteria. Although not required, applicants may consider including response tables to summarize information as it relates to a specific criterion. Descriptions of eligibility and evaluation criteria, as well as example response tables, https://www.fws.gov/endangered/grants/index.html are provided below and in Section E. Applicants may also consider alternate methods of identifying responses to evaluation criteria within the project narrative such as inserting

“(Criterion 2)” or “(C2)” at the end of the sentence or paragraph containing the information necessary to evaluate the project under criterion 2. Narratives that clearly address all criteria in an organized manner will facilitate application review and scoring.

Project Title

Description of entity(ies) undertaking the project

Identify any entity that will act as a subrecipient and describe their role in meeting project objectives.

Statement of Need

The statement of need identifies the conservation issue or opportunity addressed by the project in relation to the purposes of the RLA program. The statement of need should identify listed species that will benefit from each proposed acquisition, addressing all stated eligibility criteria. Describe the need for the project as a strategy for implementing the species’ most recently approved recovery planning document (criterion 1). Briefly describe how the project aligns with the Department of the Interior priorities for Federal financial assistance (criterion 8). Identify the negative results of taking no action (criterion 5).

Example Optional Response Table to Address Species Eligibility

Species Recovery Planning

Document

Identified Threat, citation Recovery Action, citation

Yreka phlox

Recovery Plan for

Phlox hirsuta (Yreka Phlox). 2006.

The present or threatened destruction, modification, or curtailment of its habitat or range. Pg. 23

1.2 “Protect and Secure the Soap Creek Ridge, Cracker Gulch, and

Jackson Street

Occurrences.” Pg. 53.

Bog turtle

Bog Turtle (Clemmys muhlenbergii), Northern Population

Recovery Plan. 2001.

The threats to the survival of this species includes continued loss, alteration, and fragmentation of its highly specialized wetland habitat.

Pg. 19.

2.3. Protect bog turtle

sites through purchase and conservation measures (Priority 1)

Purpose

The purpose describes the desired future state to addresses the need. For example, providing permanent habitat protection to promote listed species recovery.

Objectives

Objectives reference specific outcomes to be accomplished during the project period pursuant to the stated need. For example, acquiring real property interest (fee title) in 200 acres by December 20, 2021. Objectives should be specific, measurable, attainable within the period of performance, realistic, and time-bound. The requested PoP will be considered under evaluation criterion 6.

• Methods/Approach

Describe the specific conservation actions necessary to accomplish project objective(s). Include the following information for each property proposed for acquisition.

o Property name/identifier and APNS o Acreage o The type of ownership interest (e.g., fee-simple, easement, combination) o Entity to hold title o Entity to manage, if different o Occupancy status/ amount of restoration required to benefit listed species (criterion 2)

• Anticipated Outcomes/ Expected Benefits

Describe how the proposed acquisition will maintain or improve the population viability of listed species in terms of population resiliency, species redundancy, and species representation (criterion 3).

• Project Timetable

The project timetable describes significant milestones in successfully completing the project.

Timetables will be used to assess project readiness (criterion 6) and should clearly demonstrate how the project is likely to be accomplished within the period of performance. Include a brief description of any due diligence completed to date. In the absence of a willing seller letter, describe current negotiations regarding the potential sale of the property to assess the likelihood of project success.

• Project Location/ Maps

Describe where the acquisition will occur in relation to existing conservation areas (criterion 4). Attach maps to assist reviewers in evaluating habitat connectivity. Photographs that characterize the existing state of the project area are recommended, although not required.

• Information to support environmental compliance review requirements

The Service has the responsibility for making the final determination regarding compliance with Federal laws.

o National Environmental Policy Act (NEPA) – provide any information that may be relevant to compliance with NEPA.

o Endangered Species Act (ESA) – provide any information that may be relevant to compliance with the ESA.

o National Historic Preservation Act (NHPA) – provide any information that may be relevant to compliance with NHPA, such as locations of historic or cultural properties.

o Other Permits – list and provide the current status of any other required Federal permits.

• Willing Seller Letters (if applicable)

Applications that include willing seller letter(s) for all properties proposed for acquisition will receive additional consideration under evaluation criterion 6.

SF-424C, Budget Information Applicants must submit the appropriate SF-424 Budget Information form and Budget Narrative.

For construction programs or projects, applicants must complete and submit the SF-424C, “Budget Information for Construction Programs”. All of the required application forms are available with this announcement on Grants.gov. Federal award recipients and subrecipients are subject to Federal award cost principles in 2 CFR 200. Applicants must show funds requested from this Federal program separately from any other Federal sources of funding. In the “Budget

Summary” section of the appropriate SF-424 budget form, use the first row for funding requested from this Federal program. Use subsequent row(s) for funding requested from this Federal program. Use subsequent row(s) for other Federal funding. Enter each Federal program’s CFDA number(s) in the corresponding fields on the form. The CFDA number(s) for this program appears on the first page of this announcement.

SF-429 & SF-429-B, Request to Acquire, Improve, or Furnish Real Property & Cover Page Applicants seeking approval to acquire real property under an award must complete and submit the SF-429, “Real Property Status Report (Cover Page)” and the SF-429-B, “Real Property Status Report Attachment B (Request to Acquire, Improve, or Furnish)”. These forms are required if the real property is acquired with Federal funds, with recipient cost share or matching funds, or as an in-kind contribution under the award. These forms may be found on https://www.grants.gov/web/grants/forms/post-award-reporting-forms.html.

Budget Narrative

Describe and justify requested budget items and costs. Detail how the SF-424 Budget

Information, Object Class Category totals were determined. For personnel salary costs, include the baseline salary figures and the estimates of time. Describe any item of cost that requires prior approval under the Federal cost principles. See 2 CFR 200.407 “Prior written approval (prior approval)” for more information. If equipment purchased previously with Federal funds is available for the project, provide a list of that equipment and identify the Federal funding source. Identify any cash or in-kind contributions that a partner or other entity will contribute to the project and describe how the contributions directly and substantively benefit completion of the project. For in-kind contributions, include the source, the amount, and the valuation methodology used to determine the total value. See 2 CFR 200.306 “Cost sharing or matching” for more information.

Budget narratives must be sufficiently detailed to show that the project is cost effective and that costs are both necessary and reasonable for accomplishing the purposes of the proposed project.

Indicate whether partial funding of the project is practicable and, if so, what specific portion(s) of the project could be implemented with what level of funding. The budget narrative should provide sufficient detail for reviewers to understand how costs were estimated. Reviewers must be able to clearly see that costs are realistic and are commensurate with the project needs and timeframe. Applications will be disqualified if reviewers cannot determine that applications meet this threshold.

Conflict of Interest Disclosure Per the Financial Assistance Interior Regulation (FAIR), 2 CFR §1402.112, applicants must state in their application if any actual or potential conflict of interest exists at the time of submission.

(a) Applicability.

https://www.grants.gov/web/grants/forms/post-award-reporting-forms.html about:blank https://www.ecfr.gov/cgi-bin/text-idx?SID=2cb9f6d1c1c131ed576a5e65845ef3fa&mc=true&node=se2.1.1402_1112&rgn=div8

(1) This section intends to ensure that non-Federal entities and their employees take appropriate steps to avoid conflicts of interest in their responsibilities under or with respect to Federal financial assistance agreements.

(2) In the procurement of supplies, equipment, construction, and services by recipients and by sub recipients, the conflict of interest provisions in 2 CFR 200.318 apply.

(b) Notification.

(1) Non-Federal entities, including applicants for financial assistance awards, must disclose in writing any conflict of interest to the DOI awarding agency or pass-through entity in accordance with 2 CFR 200.112.

(2) Recipients must establish internal controls that include, at a minimum, procedures to identify, disclose, and mitigate or eliminate identified conflicts of interest. The recipient is responsible for notifying the Financial Assistance Officer in writing of any conflicts of interest that may arise during the life of the award, including those that have been reported by sub recipients.

(c) Restrictions on lobbying. Non-Federal entities are strictly prohibited from using funds under a grant or cooperative agreement for lobbying activities and must provide the required certifications and disclosures pursuant to 43 CFR part 18 and 31 U.S.C. 1352.

(d) Review procedures. The Financial Assistance Officer will examine each conflict of interest disclosure on the basis of its particular facts and the nature of the proposed grant or cooperative agreement, and will determine whether a significant potential conflict exists and, if it does, develop an appropriate means for resolving it.

(e) Enforcement. Failure to resolve conflicts of interest in a manner that satisfies the government may be cause for termination of the award. Failure to make required disclosures may result in any of the remedies described in 2 CFR 200.338, Remedies for noncompliance, including suspension or debarment (see also 2 CFR part 180).

Single Audit Reporting Statement All U.S. states, local governments, federally recognized Indian tribal governments, and non-profit organizations expending $750,000 USD or more in Federal award funds in the applicant’s fiscal year must submit a Single Audit report for that year through the Federal Audit

Clearinghouse’s Internet Data Entry System. U.S. state, local government, federally recognized

Indian tribal government, and non-profit applicants must state if your organization was or was not required to submit a Single Audit report for the most recently closed fiscal year. If your organization was required to submit a Single Audit report for the most recently closed fiscal year, provide the EIN associated with that report and state if it is available through the Federal

Audit Clearinghouse website.

Certification Regarding Lobbying

Applicants requesting more than $100,000 in Federal funding must certify to the statements in 43 CFR Part 18, Appendix A-Certification Regarding Lobbying. If this application requests more than $100,000 in Federal funds, the Authorized Official’s signature on the appropriate SF-424, Application for Federal Assistance form also represents the entity’s certification of the statements in 43 CFR Part 18, Appendix A.

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Applicants and recipients must not use any federally appropriated funds (annually appropriated or continuing appropriations) or matching funds under a Federal award to pay any person for lobbying in connection with the award. Lobbying is influencing or attempting to influence an officer or employee of any U.S. agency, a Member of the U.S. Congress, an officer or employee of the U.S. Congress, or an employee of a Member of the U.S. Congress connection with the award. Applicants and recipients must complete and submit the SF-LLL, “Disclosure of Lobbying Activities” form if the Federal share of the proposal or award is more than $100,000 and the applicant or recipient has made or has agreed to make any payment using non-appropriated funds for lobbying in connection with the application or award. The SF-LLL form is available with this Funding Opportunity on Grants.gov. See 43 CFR, Subpart 18.100 for more information on when additional submission of this form is required.

Overlap or Duplication of Effort Statement Applicants must provide a statement indicating if there is any overlap between this Federal application and any other Federal application, or funded project, in regards to activities, costs, or time commitment of key personnel. If no such overlap or duplication exists, state, “There are no overlaps or duplication between this application and any of our other Federal applications or funded projects, including in regards to activities, costs, or time commitment of key personnel”.

If any such overlap exists, provide a complete description of overlaps or duplications between this proposal and any other federally funded project or application in regards to activities, costs, and time commitment of key personnel, as applicable. Provide a copy of any overlapping or duplicative proposal submitted to any other potential funding entity and identify when that proposal was submitted, to whom (entity name and program), and when you anticipate being notified of their funding decision. When overlap exists, your statement must end with “We understand that if at any time we receive funding from another source that is duplicative of the funding we are requesting from the U.S. Fish and Wildlife Service in this application, we will immediately notify the U.S. Fish and Wildlife Service point of contact identified in this Funding

Opportunity in writing.”

D3. Unique Entity Identifier and System for Award Management (SAM)

Identifier and System for Award Management (SAM.gov) Registration: This requirement does not apply to individuals applying for funds as individual (i.e., unrelated to any business or nonprofit organization you may own or operate) or any entity with an exception approved by the funding bureau or office in accordance with bureau or office policy. All other applicants are required to obtain a Data Universal Numbering System (DUNS) number from Dun & Bradstreet and then register in SAM.gov prior to submitting a Federal award application. Federal award recipients must continue to maintain an active SAM.gov registration with current information through the life of their Federal award(s). See the “Submission Requirements” section of this document below for more information on SAM.gov registration. We may not make a Federal award to an applicant that has not completed the SAM.gov registration. If an applicant selected for funding has not completed their SAM.gov registration by the time the program is ready to make an award, the program may determine that the applicant is not qualified to receive an award. The program can use that determination as a basis for making an award to another applicant. There is no cost to register with Dun & Bradstreet or SAM.gov. There are third-party vendors who will charge a fee in exchange for registering entities with Dun & Bradstreet and SAM.gov; please be aware you can register and request help for free.

https://www.grants.gov/web/grants/forms/post-award-reporting-forms.html

Obtain a DUNS Number Request a DUNS Number through the Dun & Bradstreet website. For technical difficulties, send an email to the D&B SAM Help Desk. Please ensure that you are able to receive emails from

SAMHelp@dnb.com. The Grants.gov “Obtain a DUNS Number” webpage also provides detailed instructions. Once assigned a DUNS number, your organization must maintain up-to-date information with Dun & Bradstreet. Applicants must enter their DUNS number in the

“Organizational DUNS” field on the SF-424, Application for Federal Assistance form.

Register with the System for Award Management (SAM) Register on the SAM.gov website. “Help” tab on the website contains User Guides and other information to assist you with registration. The Grants.gov Register with SAM page also provides detailed instructions. You can also contact the supporting Federal Service Desk for help registering in SAM. Once registered in SAM, entities must renew and revalidate their SAM registration at least once every 12 months from the date previously registered. Entities are strongly encouraged to revalidate their registration as often as needed to ensure their information is up to date and reflects changes that may have been to the entity’s DUNS or IRS information.

D4. Submission Dates and Times

Due Date for Applications

04/09/2021

Application Due Date Explanation

Applications must be submitted through GrantSolutions.gov. GrantSolutions automatically generates an electronic date and time stamp in the system upon application receipt. The Service will not review or consider applications received through GrantSolutions after 11:59 PM EST on

April 9, 2021. Applicants are encouraged to verify the completeness of their application package before submission using the checklist provided below.

APPLICATION CHECKLIST

SF-424, Application for Federal Assistance

SF-424D, Assurances

Project Narrative

Maps

Willing seller letters (when applicable)

SF-424C, Budget Information

SF-429 and SF-429-B, Request to Acquire, Improve, or Furnish Real Property

Budget Narrative

Indirect Cost Statement and related documentation

Conflict of Interest Disclosure (when applicable)

Single Audit Reporting Statement

Certification Regarding Lobbying & SF-LLL, Disclosure of Lobbying Activities (when applicable)

Overlap or Duplication of Effort Statement mailto:SAMHelp@dnb.com

D5. Intergovernmental Review

Prior to application submission, U.S. state and local government applicants should visit the OMB

Office of Federal Financial Management website and view the “State Point of Contact (SPOC) List” to determine whether their application is subject to the state intergovernmental review process under Executive Order (E.O.) 12372 “Intergovernmental Review of Federal Programs.”

States not on the list do not participate in the intergovernmental review process, and therefore do not have a SPOC. If you are located within a State that does not have a SPOC, you may send application materials directly to a Federal awarding agency. If your state is on the list, contact the designated entity for more information on the state’s prior review requirements for Federal assistance applications.

D6. Funding Restrictions

A property may not be submitted for funding consideration under both the Recovery Land

Acquisition Grant Program and the Habitat Conservation Plan Land Acquisition Grant Program in the same fiscal year.

Neither the Federal funds awarded through this opportunity, nor the associated non-Federal cost share, may be used to satisfy regulatory requirements of the Endangered Species Act, including complying with a biological opinion under Section 7, fulfilling Federal mitigation, minimization, and/or monitoring requirements of an HCP permitted under Section 10, or any other Federal regulatory mitigation requirement (e.g., mitigation for Clean Water Act permits). Regulations at

2 CFR 200 specify that a Federal financial assistance award include both the Federal and non- Federal contributions. This clarity regarding the inseparability of the Federal and non-Federal components means that any prohibitions on usage of either component for mitigation purposes applies to both components.

Applications cannot include Service Full-Time Equivalent (FTE) costs.

State administrative costs must either be assumed by the State or included in the application in accordance with Federal requirements. Applications may not be submitted to cover administrative costs alone.

Generally, only expenses incurred and budgeted during the period of performance are reimbursable; the period of performance begins with the effective date established at the time the grant is approved. However, a State may request reimbursement of pre-award costs for certain necessary expenses detailed in the grant application. Pre-award costs are those incurred prior to the approval of the grant where such costs are necessary to comply with the proposed period of performance. Such costs are allowable only if the grant is awarded, only to the extent that they would have been allowable if incurred after the date of the award, and only with the written approval of the awarding agency (2 CFR 200.458).

Indirect Costs: Individuals Individuals applying for and receiving funds separate from a business or non-profit organization he/she may operate are not eligible to charge indirect costs to their award. If you are an individual applying for funding, you must not include any indirect costs in your proposed budget.

Individuals are not required to submit any of the following statements regarding indirect costs.

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Indirect Costs: Organizations The Federal awarding agency that provides the largest amount of direct funding to your organization is your cognizant agency for indirect costs, unless otherwise assigned by the White House Office of Management and Budget (OMB). If the Department of the Interior is your organization’s cognizant agency, the Interior Business Center will negotiate your indirect cost rate. Contact the Interior Business Center by phone 916-930-3803 or using the IBC Email Submission Form. See the IBC Website for more information.

Organizations must have an active Federal award before they can submit an indirect cost rate proposal to their cognizant agency. Failure to establish an approved rate during the award period renders all costs otherwise allocable as indirect costs unallowable under the award. Recipients must have prior written approval from the Service to use amounts budgeted for direct costs to satisfy cost-share or match requirements or to cover unallowable indirect costs. Recipients shall not shift unallowable indirect costs to another Federal award unless specifically authorized to do so by legislation.

Required Indirect Cost Statement to be submitted with Application

All organizations must include the applicable statement from the following list in their application, and attach to their application any documentation identified in the applicable statement:

We are:

A U.S. state or local government entity receiving more than $35 million in direct Federal funding each year with an indirect cost rate of [insert rate]. We submit our indirect cost rate proposals to our cognizant agency. Attached is a copy of our most recently approved rate agreement/certification.

A U.S. state or local government entity receiving less than $35 million in direct Federal funding with an indirect cost rate of [insert rate]. We have prepared and will retain for audit an indirect cost rate proposal and related documentation.

A [insert your organization type; U.S. states and local governments, do not use this statement] that has previously negotiated or currently has an approved indirect cost rate with our cognizant agency. Our indirect cost rate is [insert rate]. [Insert either: “Attached is a copy of our most recently approved but expired rate agreement. In the event an award is made, we will submit an indirect cost rate proposal to our cognizant agency within 90 calendar days after the award is made.” or “Attached is a copy of our current negotiated indirect cost rate agreement.”]

A [insert your organization type] that has never submitted an indirect cost rate proposal to our cognizant agency. Our indirect cost rate is [insert rate]. If we receive an award, we will submit an indirect cost rate proposal to our cognizant agency within 90 calendar days after the award date.

https://www.doi.gov/ibc/contactus/icsfeedback https://www.doi.gov/ibc/contactus/icsfeedback https://www.doi.gov/ibc/services/finance/indirect-cost-services our cognizant agency and has an indirect cost rate that is lower than 10%. Our indirect cost rate is [insert rate; must be lower than 10%]. However, if we receive an award we will not be able to meet the requirement to submit an indirect cost rate proposal to our cognizant agency within 90 calendar days after award. We request as a condition of award to charge a flat indirect cost rate of [insert rate; must be lower than 10%] against [insert a clear description of the direct cost base against which your rate is charged (e.g., salaries; salaries and fringe benefits; or modified total direct costs). However, please note that your organization cannot charge indirect costs in excess of the indirect costs that would be recovered if applied against modified total direct costs as defined in §2 CFR 200.68]. We understand that we must notify the Service in writing if we establish an approved rate with our cognizant agency at any point during the award period.

our cognizant agency and has an indirect cost rate that is 10% or higher. Our indirect cost rate is [insert your organization’s indirect rate; must be 10% or higher]. However, if we receive an award we will not be able to meet the requirement to submit an indirect cost rate proposal to our cognizant agency within 90 calendar days after award. We request as a condition of award to charge a flat de minimis indirect cost rate of 10% to be charged against modified total direct project costs as defined in 2 CFR §200.68. We understand that we must notify the Service in writing if we establish a negotiated rate with our cognizant agency at any point during the award period. We understand that additional Federal funds may not be available to support an unexpected increase in indirect costs during the project period and that such changes are subject to review, negotiation, and prior approval by the Service.

A [insert your organization type] that is submitting this proposal for consideration under the

[insert either “Cooperative Fish and Wildlife Research Unit Program” or “Cooperative

Ecosystem Studies Unit Network”], which has a Department of the Interior-approved indirect cost rate cap of [insert program rate]. If we have an approved indirect cost rate with our cognizant agency, we understand that we must apply this reduced rate against the same direct cost base as identified in our approved indirect cost rate agreement per 2 CFR §1402.414. If we do not have an approved indirect cost rate with our cognizant agency, we understand that we must charge indirect costs against the modified total direct cost base defined in 2 CFR §200.68 “Modified Total Direct Cost (MTDC)”. We understand that we must request prior approval from the Service to use the 2 CFR 200 MTDC base instead of the base identified in our approved indirect cost rate agreement. We understand that Service approval of such a request will be based on: 1) a determination that our approved base is only a subset of the

MTDC (such as salaries and wages); and 2) that use of the MTDC base will still result in a reduction of the total indirect costs to be charged to the award. In accordance with 2 CFR

§200.405, we understand that indirect costs not recovered due to a voluntary reduction to our federally negotiated rate are not allowable for recovery via any other means.

A [insert your organization type] that will charge all costs directly.

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D7. Other Submission Requirements

Applications must be submitted through GrantSolutions.gov.

Follow these steps to submit an application through GrantSolutions.gov:

1. Register with GrantSolutions.gov

Applicants must first register an account with GrantSolutions.gov and complete all steps of the registration process before they can apply through GrantSolutions.gov. Please follow this link to obtain the GrantSolutions self-registration instructions.

2. Login

• Navigate to GrantSolutions by going to www.grantsolutions.gov

• Select the LOGIN button

• Log in with your applicant/recipient account and search this announcement through the

"funding opportunity" tab on the website.

3. GrantSolutions help and user-guide.

For recipient GrantSolutions user reference & training please use the following links:

• GrantSolutions website - recipient training video series

• FWS recipient GrantSolutions user accounts & training website

4. Help Desk Information

If you need additional help, the GrantSolutions help desk is available for assistance on all GrantSolutions products and services. Hours of Operation: Monday through Friday 7 a.m. – 8 p.m. ET (closed on Federal holidays).

Phone: 1.866.577.0771 or 202.401.5282

Email: help@grantsolutions.gov

5. Proof of Timely Submission

GrantSolutions automatically generates an electronic date and time stamp in the system upon application receipt.

E. Application Review Information

E1. Criteria

1. Magnitude of Species Benefit: Contribution to Recovery Maximum Points: 20

Under this criterion, consideration will be given to the degree to which the proposed acquisition implements priority recovery actions and/or contributes towards down or delisting criteria as identified in the…