4_20190220_ATT3-NOFO_SR Preserve.pdf

South River Preserve Restoration Project

Notice of Funding Opportunity Number: F19AS00156

Federal Program: Department of the Interior, United States (U.S.) Fish and Wildlife Service, Ecological Services – Natural Resource Damage Assessment and Restoration

Catalog of Federal Domestic Assistance (CFDA) Number: 15.658

Authorizing Legislation: Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended (42 U.S.C. §§ 9601, et seq.); Oil Pollution Act (OPA) (33 U.S.C. §§ 2701, et seq.);

Federal Water Pollution Control Act or Clean Water Act (CWA), as amended (33 U.S.C. §§ 1251, et seq.);

Fish and Wildlife Act (16 U.S.C §742 et seq.); as well as through the Consent Decree, United States and Commonwealth of Virginia v. DuPont, Civil Action No. 5:16-CV-0082 (7/28/2017), and Restoration Plan/Environmental Assessment for the DuPont Waynesboro – South River/South Forks Shenandoah River/Shenandoah River Site.

Paperwork Reduction Act Statement: 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.

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

I. Program Description The U.S. Fish and Wildlife Service’s (Service) Natural Resource Damage Assessment and Restoration (NRDAR) Program’s purpose is to restore natural resources and their services that have been injured by an oil discharge or hazardous substance release for the benefit of the American people.

This is a notice of intent to award to a single source. There is no full announcement associated with this notice and this is not a request for competitive proposals.

Mercury releases from the former E.I. du Pont de Nemours and Company (DuPont) plant in Waynesboro, VA impacted natural resources for miles downstream, in and adjacent to the South River, South Fork Shenandoah River, and Shenandoah River. The DuPont natural resource trustees (“Trustees”) are the United States Department of the Interior (DOI), represented by the Service and the Commonwealth of Virginia. Through the NRDAR process, the Trustees developed a Restoration Plan/Environmental Assessment (RP/EA), with public input, to describe the restoration projects that will compensate for injuries to natural resources from the mercury releases. The RP/EA was included as Appendix B of the Consent Decree lodged on December 15, 2016 and approved July 28, 2017 by the U.S.

District Court for the Western District of Virginia, Harrisonburg Division. The Trustees allocated funding to different restoration project categories to fulfill the objectives of the RP/EA, which can be found at:

https://www.fws.gov/northeast/virginiafield/pdf/contaminants/dupont_waynesboro/20170414_DuPont

_Waynesboro_RPEA_FINAL_signatures.pdf

This is an announcement for issuing a single source financial assistance award to City of Waynesboro (Waynesboro) to improve habitat, water quality, and recreational opportunities on city-owned land. Waynesboro will restore habitat adjacent to the South River and South River Greenway through tree planting and establishment of meadow areas using native plant species and manage stormwater through construction of urban best management practices (BMPs). This project will also create additional recreation activities through the addition or improvement of trails and river access.

Waynesboro is uniquely qualified to complete this restoration on city-owned land, located near the original source of the contamination and accessible to the Waynesboro community.

This project was evaluated and selected jointly by the state and federal Trustees, is consistent with the goals of the RP/EA and restoration criteria (see link), and will benefit multiple of the same resources/wildlife that were impacted from mercury. The project will contribute to the NRDAR goal of “making the public whole”, restoring resources that were impacted by mercury. The project includes partnerships with local, state, and federal organizations as well as non-profit organizations. The recipient is uniquely qualified to conduct this project due to site ownership and their technical expertise and longstanding partnerships in the region.

This project will achieve goals that are consistent with multiple DOI Secretarial Priorities and core priorities of the Service. Through this project, best practices will be identified to manage the city’s land and water resources – through bioretention facilities and habitat restoration – adapting to changes in the environment, primarily due to urbanization [DOI Secretarial Priority1(a)]. This project will provide greater public access through coordination with the existing Greenway and addition of trails at Constitution Park, and will expand and improve recreational fishing opportunities that are easily accessible to the urban community [DOI Secretarial Priorities 1(f), 1(g), and Service Priority 5: Improving Public Access to Hunting, Fishing and Outdoor Recreation]. Waynesboro is working to develop this project collaboratively with the Service, the Commonwealth of Virginia’s Office of the Governor and natural resource agencies, and local or regional community groups (such as, angler and river groups) [DOI Secretarial Priority 3(b) and 4(b)]. Engineering firm(s) and other contractors will be hired to complete this work, generating new job opportunities and additional revenues that support national interests [DOI Secretarial Priority 5 and a Key Initiative]. This project is part of a suite of restoration projects selected to achieve the goals of NRDAR and the RP/EA [DOI Secretarial Priority 10].

II. Federal Award Information The Service Region 5 intends to make a sole source award of a cooperative agreement to Waynesboro in the amount of up to $2,624,633 (in phases). The total estimated project period is winter 2019 through December 31, 2023 and project activities include habitat restoration, urban BMP implementation, and creation and improvement of recreational fishing opportunities at city-owned Constitution Park and other adjacent parcels.

The Service will be substantially involved in the project under this funding opportunity. In particular, the Service will be responsible for: l) providing up to a total of $2,624,633 to the recipient to complete the activities, 2) working with the recipient in development of project actions to meet goals and objectives https://www.fws.gov/northeast/virginiafield/pdf/contaminants/dupont_waynesboro/20170414_DuPont_Waynesboro_RPEA_FINAL_signatures.pdf https://www.fws.gov/northeast/virginiafield/pdf/contaminants/dupont_waynesboro/20170414_DuPont_Waynesboro_RPEA_FINAL_signatures.pdf https://www.fws.gov/northeast/virginiafield/pdf/contaminants/dupont_waynesboro/Criteria_for_evaluating_restoration_projects.pdf https://drive.google.com/file/d/14PDbV4DjkOpGnwlAbR9hI-iNxH4lumOc/view?pli=1 of the RP/EA and NRDAR settlement, 3) providing guidance and technical assistance in the development of the designs and plans, if needed or requested, to develop specific plans and identify potential concerns, 4) providing technical assistance to the recipient to complete regulatory permitting/environmental compliance, 4) reviewing and approving any proposed modification to scope of work and/or budget, and 5) halting an activity if detailed performance specifications are not met.

III. Eligibility Information

Eligible Applicants This is a notice of intent to award to single source. Proposals were submitted by agencies, localities, public bodies, and registered (501(c)(3) tax-exempt) nonprofit organizations. Project applications from nonprofit organizations provided documentation in the application that gave proof of tax-exempt status under §501 (c) (3) of the United States Internal Revenue Code.

Federal law mandates that all entities applying for Federal financial assistance must have a valid Dun & Bradstreet Data Universal Number System (DUNS) number and have a current registration in the System for Award Management (SAM). See Title 2 of the Code of Federal Regulations (CFR), Part 25 for more information. Exemptions: The SAM registration requirement does not apply to individuals submitting an application on their own behalf and not on behalf of a company or other for-profit entity, state, local or Tribal government, academia or other type of organization.

Cost Sharing or Matching Cost-sharing is not a requirement.

Other Eligibility Criteria The project meets the criteria and goals expressed in the RP/EA.

Unique Entity Identifier and System for Award Management (SAM.gov) Registration: This requirement does not apply to individuals applying for funds as a private citizen (i.e., unrelated to any business or nonprofit organization you may own or operate in your name) or any entity with an exception approved by the Service under 2 CFR 25.110(d). 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. The Service 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 Service 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.

Prohibition on Issuing Awards to Entities that Require Certain Internal Confidentiality Agreements: Domestic (U.S.) non-Federal entities requiring their employees or contractors to sign internal confidentiality agreements or statements that prohibit, or otherwise restrict, such employees or contractors from lawfully reporting waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information are not eligible to compete for or receive a Federal award. See Pub. L. 113- 235, Title VII, Division E, Section 743 for more information.

https://www.ecfr.gov/cgi-bin/text-idx?SID=66668a4d924572f2b7b5feaf237a6ea0&mc=true&node=pt2.1.25&rgn=div5 https://www.congress.gov/113/plaws/publ235/PLAW-113publ235.pdf https://www.congress.gov/113/plaws/publ235/PLAW-113publ235.pdf

Excluded Parties: The Service conducts a review of the SAM.gov Exclusions database for all applicant entities and their key project personnel prior to award. The Service 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.

IV. Application Requirements Requesting Paper Application Package

Not Applicable.

Application Form and Content Requirements Applicants must have filled out the Virginia Land Conservation Fund’s (VLCF) 2017 proposal submission procedures for “Land Protection, Acquisition, and Enhancement Projects and Migratory Songbird Habitat Restoration and Protection Projects” and/or “Water Quality Restoration and Protection”. This was a joint Trustee proposal process with Virginia co-Trustees administering the process through VLCF (i.e., as an alternative to Grants.gov). The purpose was to solicit project recommendations for restoration categories outlined in the RP/EA of land protection, migratory songbird, and water quality protection and enhancement. Click on links for application forms and instructions.

Applicants must submit the following:

1. 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. All of the required application forms are available on the “Packages” tab of this Funding Opportunity 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).

2. SF 424, Assurances Applicants must submit the appropriate signed and dated Assurances form. Complete either the SF-424B, Assurances for Non-Construction Programs or the SF-424D, Assurances for Construction Programs, as applicable to your project. All of the required application forms are available on the “Packages” tab of this Funding Opportunity on Grants.gov. The SF-424 Assurances forms include a statement that some of the assurances may not be applicable to your organization and/or your project or program. Signing the required SF-424 Assurances form does not make you or your organization subject to laws that are otherwise not applicable to you or your organization. Changing, crossing out, or making notations on the form before signing has no impact on the applicability of law.

3. Project Narrative

• Project title: South River Preserve Restoration Project https://www.fws.gov/northeast/virginiafield/pdf/contaminants/dupont_waynesboro/dupont-land-protection-grant-application.pdf https://www.fws.gov/northeast/virginiafield/pdf/contaminants/dupont_waynesboro/dupont-land-protection-grant-application.pdf https://www.fws.gov/northeast/virginiafield/pdf/contaminants/dupont_waynesboro/dupont-water-quality-grant-application.pdf https://www.fws.gov/northeast/virginiafield/pdf/contaminants/dupont_waynesboro/dupont-water-quality-grant-application.pdf https://www.grants.gov/web/grants/forms/sf-424-individual-family.html https://www.grants.gov/web/grants/forms/sf-424-individual-family.html https://www.grants.gov/web/grants/forms/sf-424-family.html https://www.grants.gov/web/grants/forms/sf-424-family.html https://www.grants.gov/web/grants/forms/sf-424-family.html https://www.grants.gov/web/grants/forms/sf-424-family.html

• Description of entity(ies) undertaking the project: City of Waynesboro

• Statement of need: Funds under this award are to be used to compensate for natural resources injured as a result of mercury released from the former DuPont facility in Waynesboro, VA. Restoration is undertaken in accordance with the natural resource damage settlement under which DuPont paid $42,069,916.78 to compensate for natural resource injuries in the South Fork Shenandoah River watershed. As part of the settlement, the Trustees identified preferred restoration project categories, including “land protection, property acquisition and recreational and wildlife enhancements”, “water quality and fish habitat improvements”, and “recreational fishing access creation/improvement”. This project was selected by the Trustees because it includes habitat improvements, such as riparian buffer establishment and native plantings, water quality improvements, such as urban BMPs that will reduce storm water runoff, as well as recreational fishing access. The proposed project involves restoration activities on 30 acres of land that is currently a combination of managed turf, former industrial land and impervious surface, and some existing riparian buffer and natural features. Waynesboro has concept plans that focus on these restoration elements. The plans need to be refined and implemented to meet the criteria of the RP/EA.

• Goals and objectives: The long-term goal of projects funded by the DuPont natural resource settlement is to improve water quality of the South River and South Fork Shenandoah River; improve, restore, and protect habitat for the same types of fish and wildlife that were impacted from mercury; and/or improve recreational fishing. The objective of this agreement is to improve urban wildlife habitat and water quality in the South River through restoration of land using the principles of Conservation Landscaping and construction of BMPs that will manage stormwater runoff. Waynesboro intends to plant trees and establish meadow areas using native plant species on approximately 9 acres of managed turf. These practices will improve habitat along the South River and promote infiltration of runoff from these highly compacted soils. In addition, the project also includes removal of approximately 5 acres of impervious area adjacent to the South River, reducing volume of runoff. The project also includes establishment of riparian buffer along South River and Rockfish Run, including invasive species removal along approximately 575 linear feet of river and elsewhere as needed. In addition, Waynesboro intends to work with local fishermen and other interested parties to identify, design, and install appropriate in-stream habitat measures for fish species, such as the placement of woody debris and large boulders. Existing recreational fishing access will be evaluated and improved as necessary, and new access may be added.

• Activities and Methods: The South River Preserve project involves various restoration activities within approximately 30 acres of city-owned land along the South River. A phased approach will be used to implement the restoration – Design, Permitting, and Ecological Assessment Phase (Phase 1) and Construction and Maintenance Phase (Phase 2).

Phase 1 will focus on gathering stakeholder input, conducting an ecological assessment, survey and design, and development of construction bid documents. Waynesboro will issue a Request for Proposals (RFP) for Professional Services to find a qualified firm or partnership to provide full scope landscape architecture and engineering services including permitting, preliminary and final design, and bid phase and construction phase management during the course of the project. This phase will include survey and design for all elements of this project – habitat enhancements/sourcing of appropriate native plant species, conservation landscape installation, urban BMPs, and recreational fishing enhancements. The RFP will be issued shortly after the award is signed, and design and permitting activities may begin as early as spring of 2019. Once survey and design are complete, Waynesboro will advertise for construction bids (early 2020). Phase 1 will also include some treatment and removal of invasive species as part of site preparation.

Phase 1 activities, including all of the above listed activities plus any required reporting, are expected to be complete by July 1, 2020.

Phase 2 will consist of finalizing construction contract documents, construction of stormwater facilities/urban BMPs, land cover conversion, in-stream habitat construction, habitat enhancement/landscaping activities, and recreational fishing enhancements. Phase 2 activities are expected to be complete by December 31, 2023.

Because of the multiple components of this project and the time-specific nature of some tasks (specifically, installing proposed native plants during specific windows in the spring and fall seasons), this phase is expected to exceed one calendar year. Other issues that may impact the timeline include permitting for the stream restoration that may be extensive due to the short-term impacts related to working within the South River channel. Coordination with existing underground utilities may also be time consuming if underground pipes need to be relocated; these are costs that utility owners will incur.

Prior to receiving Phase 2 funding, the Service, along with the Commonwealth of Virginia Trustees, will review updated restoration plans and budget to approve those restoration activities that satisfy requirements of the RP/EA. If Trustee approval is granted, Phase 2 funding will be issued.

• Timetable or milestones: Waynesboro will start work upon signature of the award. The project will be implemented in phases: Phase 1 is expected to be complete by July 1, 2020 and Phase 2 is expected to be complete by December 31, 2023. Long-term monitoring and maintenance will become part of the City of Waynesboro Parks Department.

• Information to support environmental compliance review requirements: Any work related to planning or coordinating may be started prior to completing compliance reviews, and any work that involves disturbance to habitat or construction must not be started until all compliance reviews are complete. As a condition of award, the recipient and their subrecipient(s) and contractor(s) must not begin any potentially impactful work related to this award until the Service has notified you in writing that such work can begin. Recipients and subrecipients of Federal grants and cooperative agreement awards must comply with the requirements of the National Environmental Policy Act (NEPA), Section 7 of Endangered Species Act (ESA), and Section 106 of the National Historic Preservation Act (NHPA).

• Description of stakeholder coordination or involvement: Waynesboro will work with one or more contractors to complete this project. They will be chosen after the award is made when detailed plans are being prepared to do the actual work. Letters of support for this project were received from the Center for Coldwaters Restoration (CCR) and Chesapeake Bay Foundation (CBF) due to the anticipated benefits to water quality in the South River, creation of riparian habitat, and increased recreational access. Waynesboro has established relationships with local and national organizations such as Fishburne Military School located in Waynesboro, the Boy Scouts of America, and CBF. These groups have previously worked on stream clean up and volunteer tree planting projects in the City. Every effort will be made to engage these and other groups to participate in tree planting activities to reduce costs and foster community ownership of the projects when it is feasible. The Trustees (the Service and Commonwealth of Virginia) reviewed and approved this proposal, and will continue to provide input as plans are developed.

• Required project monitoring and evaluation plan, including description of assessment tools to be used: Waynesboro will provide annual and financial interim reports to the project officer who will convey these reports to the Trustees. A monitoring plan will be developed in cooperation with the Trustees, providing measurable goals to show success. Following construction, Waynesboro will be responsible for monitoring and continued maintenance of the site. Waynesboro will accept the urban BMPs into their system and conduct inspection and maintenance activities per MS-4 (Municipal Separate Storm Sewer Systems) regulations. At a minimum, monitoring of restoration areas will consist of visual inspections on the condition of trees and other vegetation and the stream channel (level of erosion). Additional landscaping tasks will include monitoring and removal of invasive species. Waynesboro will coordinate with existing monitoring programs (e.g., through Virginia Department of Environmental Quality (VDEQ)) and may also work with CCR to monitor stream health and recovery of target species in the restored floodplain.

• Information on key project personnel: Waynesboro will manage and oversee implementation of this project and will issue a RFP to hire a consultant(s) for design and construction. Key people involved from Waynesboro include: Michael Hamp, City Manager; Trafford McRae, Stormwater Manager; Luke Juday, Director of Planning; and, Dwayne Jones, Director of Parks & Recreation. The Trustees, through the Service, will provide funding, project management, support, and oversight. The Service point of contact is Anne Condon, Fish and Wildlife Biologist (anne_condon@fws.gov, 804-824- 2407).

• Anticipated future funding needs: Phase 2 estimated cost: $2,223,113. Prior to receiving Phase 2 funding, the Service, along with the Commonwealth of Virginia Trustees, will review updated restoration plans and budget to approve those restoration activities that satisfy requirements of the RP/EA. If Trustee approval is granted, Phase 2 funding will be issued.

• Details and supporting documentation on the project location:

Map below shows project location within Waynesboro. Area “A” is Constitution Park, approximately 11 acres owned by Waynesboro. Areas “B” (approximately 5 acres) and “C” (approximately 6 acres) were donated to Waynesboro by DuPont.

• Other program- or project-specific narrative requirements: An additional deed restriction or conservation easement is required on the City-owned land that is part of this project to ensure long-term protection as a natural area. Trustees must approve any changes to the scope of work.

4. SF-424, Budget Information

Applicants must submit the appropriate SF-424 Budget Information form. Complete either the SF-424A, Budget Information for Non-Construction Programs or the SF-424C, Budget Information for Construction Programs, as applicable to your project. All of the required application forms are available on the “Packages” tab of this Funding Opportunity on Grants.gov. Federal award recipients and subrecipients are subject to Federal award cost principles as detailed in the Service’s “Financial Assistance Award Terms and Conditions”.

Please note: Show funds requested from this Federal program separately from any other Federal sources of funding. In the “Budget Summary” section, use the first row 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 Federal program appears on the first page of this Funding Opportunity.

So ut h Ri ve r

Former DuPont facility https://www.grants.gov/web/grants/forms/sf-424-family.html https://www.grants.gov/web/grants/forms/sf-424-family.html https://www.fws.gov/grants/atc.html

5. Budget Narrative A total of $2,624,633 ($401,520 for Phase 1 and 2,223,113 for Phase 2) is requested to complete this project. Waynesboro developed itemized budgets for the estimated costs for Phase 1 and 2 of the project and for specific components of the project. The project budgets are entirely for contractual costs for professional services and construction by a licensed, bonded contractor.

The estimates for professional services fees were developed by using the percentages of 20% of base construction costs for design and 12% of base construction costs for project inspection.

The estimates for base construction costs were developed by using unit rates for similar projects completed within the City in the past three years and information from the City’s engineer.

The City has excellent relationships with local and national organizations such as Fishburne Military School located in Waynesboro, the Boy Scouts of America, and the Chesapeake Bay Foundation. The City has previously worked with these groups on stream clean up and volunteer tree planting projects. Every effort will be made to engage these and other groups to participate in tree planting activities to reduce costs and foster community ownership of the projects when it is feasible.

Property acquisition costs are not included in this request. The City owns or will have the properties in question deeded to them by the time of construction.

No costs for activities that are not for recreational improvements, restoration or water quality improvements were included in the funding requests from NRDAR. If miscellaneous items that do not meet the grant criteria are identified the City can apply funds from the Stormwater Utility Enterprise or the General Fund depending on the category of the cost.

6. 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, do not include any indirect costs in your proposed budget and skip the next section.

7. 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 https://www.doi.gov/ibc/contactus/icsfeedback https://www.doi.gov/ibc/contactus/icsfeedback https://www.doi.gov/ibc/services/finance/indirect-cost-services

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

The City of Waynesboro is a municipal corporation that will charge all costs directly.

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, please use one of the statements above or below] 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.

□ A [insert your organization type] that has never submitted an indirect cost rate proposal to 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.

□ A [insert your organization type] that has never submitted an indirect cost rate proposal to 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 https://www.ecfr.gov/cgi-bin/text-idx?SID=0bb1f5386f36f965f85dc05b2ad8a804&mc=true&node=pt2.1.200&rgn=div5#se2.1.200_168 https://www.ecfr.gov/cgi-bin/text-idx?SID=0bb1f5386f36f965f85dc05b2ad8a804&mc=true&node=pt2.1.200&rgn=div5#se2.1.200_168 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. 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 municipal corporation that will charge all costs directly.

8. Conflict of Interest Disclosure Applicants must state in their application if any actual or potential conflict of interest exists at the time of submission. Conflicts of interest include any relationship or matter that might place the recipient, including their employees and subrecipients, in a position of conflict, real or apparent, between their responsibilities under the award and any other outside interests.

Conflicts of interest include direct or indirect financial interests; close personal relationships;

positions of trust in outside organizations; consideration of future employment arrangements with a different organization; and decision-making authority related to the proposed project.

Conflicts of interest are those circumstances real or perceived that would cause a reasonable person with knowledge of the relevant facts to question the impartiality of the applicant, or the applicant’s employees or subrecipients, in matters pertaining to the proposed project.

Applicants must notify the Service in writing in their application if any employees, including subrecipient and contractor personnel, are related to, married to, or have a close personal relationship with any Federal employee in the Federal program receiving this application or who otherwise may be involved in the review and selection of their proposal. The term employee means any individual to be engaged in the performance of work pursuant to the Federal award application. Failure to disclose and resolve conflicts of interest in a manner that satisfies the Service may result in the rejection or disqualification of the application.

9. 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 https://harvester.census.gov/facides/Account/Login.aspx

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.

10. 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.

11. Disclosure of Lobbying Activities 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 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 on the “Packages” tab of this Funding Opportunity on Grants.gov. See 43 CFR, Subpart 18.100 for more information on when additional submission of this form is required.

12. 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.”

13. APPLICATION CHECKLIST

□ SF-424, Application for Federal Assistance or Application for Federal Assistance-Individual

□ SF-424B or D, Assurances https://harvester.census.gov/facides/Account/Login.aspx https://harvester.census.gov/facdissem/Main.aspx https://harvester.census.gov/facdissem/Main.aspx http://www.ecfr.gov/cgi-bin/text-idx?SID=683823273fc0da6a1060883eda593fb8&mc=true&node=pt43.1.18&rgn=div5 http://www.grants.gov/web/grants/forms/post-award-reporting-forms.html#sortby=1 http://www.grants.gov/web/grants/forms/post-award-reporting-forms.html#sortby=1 http://www.ecfr.gov/cgi-bin/text-idx?SID=683823273fc0da6a1060883eda593fb8&mc=true&node=pt43.1.18&rgn=div5

□ Project Narrative

□ SF-424A or C, Budget Information

□ Budget Narrative

□ Indirect Cost Statement and related documentation (when applicable)

□ Conflict of Interest Disclosure (when applicable)

□ Single Audit Reporting Statement (when applicable)

□ SF-LLL, Disclosure of Lobbying Activities (when applicable)

□ Overlap or Duplication of Effort Statement

Failure to provide complete information may cause delays, postponement, or rejection of the application.

V. Submission Requirements Unique Entity Identifier and System for Award Management (SAM.gov) Registration

These requirements do not apply to any individual applying for funds as a private citizen or any entity with an exception approved by the Federal awarding agency under 2 CFR 25.110(d). All other applicants are required to obtain a Data Universal Numbering System (DUNS) number from Dun & Bradstreet and provide that number in the application; complete SAM.gov registration before submitting an application; and continue to maintain an active SAM.gov registration with current information at all times when the entity has an active Federal award or application under consideration. 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.

1. Obtain a DUNS Number Request a DUNS Number through the Dun & Bradstreet website. The official website address is http://fedgov.dnb.com/webform. 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.

2. Register with SAM Register on the SAM.gov website. The official website address is http://www.sam.gov. The “Help” tab on the website contains User Guides and other information to assist you with registration. The Grants.gov Register with SAM” webpage 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. Foreign entities who want to receive payment directly to a U.S. bank account must enter and maintain valid, current banking information in SAM.

https://www.ecfr.gov/cgi-bin/text-idx?SID=66668a4d924572f2b7b5feaf237a6ea0&mc=true&node=pt2.1.25&rgn=div5 http://fedgov.dnb.com/webform mailto:%20SAMHelp@dnb.com mailto:%20SAMHelp@dnb.com https://www.grants.gov/web/grants/applicants/organization-registration/step-1-obtain-duns-number.html http://www.sam.gov/ https://www.grants.gov/web/grants/applicants/organization-registration/step-2-register-with-sam.html https://www.fsd.gov/

Submission Dates and Times N/A. This is a notice of single source financial assistance award. This announcement is for notification purposes only.

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.

Funding Restrictions Funding is limited to activities that are approved by Trustees and meet the goals of the DuPont RP/EA and CD.

Submission Instructions N/A. This is a notice of single source financial assistance award. This announcement is for notification purposes only.

Follow these steps to apply through Grants.gov.

1. Register with Grants.gov Applicants must first register an account with Grants.gov and complete all steps of the registration process before they can apply through Grants.gov. Grants.gov registration requires the entity to create an account, create an account profile, and establish authorized profile roles, including the applicant’s authorized representative. Registration can take three to five business days or longer, if you do not complete the required steps in a timely manner.

2. Grants.gov Workspace Application Grants.gov applicants apply online using Workspace. Workspace is a shared, online environment where members of a grant team may simultaneously access and edit different webforms within an application. For each funding opportunity announcement, you can create individual instances of a workspace. To apply, the applicant will create, complete, and submit a Workspace application package for this Funding Opportunity directly on Grants.gov. Grants.gov recommends submitting your application package at least 24-48 hours prior to the close date to allow time to correct any potential technical issues that may disrupt the application submission.

When attaching files to the Grants.gov application, please do not assign file names longer than 20 characters, including spaces. File names longer than 20 characters will prevent your application received by Grants.gov from automatically downloading into the Service’s financial assistance management system. Applicants using slow internet, such as dial-up connections, should be aware that the transmission of the application to Grants.gov takes time. Grants.gov sends either an error message or a “successfully received” message by email to the applicant’s authorized representative once the transmission is complete. Please do not end the transmission process before receiving that message.

https://www.whitehouse.gov/omb/management/office-federal-financial-management/ https://www.whitehouse.gov/omb/management/office-federal-financial-management/ https://www.grants.gov/web/grants/applicants/registration.html https://www.grants.gov/web/grants/applicants/workspace-overview.html https://www.grants.gov/web/grants/applicants/workspace-overview.html

3. Proof of Timely Submission Grants.gov automatically generates an electronic date and time stamp in the system upon application receipt. Grants.gov sends an acknowledgement of receipt with the date and time stamp and a unique Grants.gov application tracking number to the authorized representative by email. This email from Grants.gov serves as your proof of timely submission.

VI. Application Review Information Criteria

This is a notice of a single source financial assistance award. This announcement is for notification purposes only. This project was selected by the Trustees using the criteria outlined in the RP/EA (see Section 5.1 and link), which incorporates regulatory evaluation criteria (43 C.F.R. §11.82 (d)).

To be considered for funding, Waynesboro applied to an open proposal process specifically related to the DuPont NRDAR settlement funds…