CanadianGrantStandards.pdf

NORTH AMERICAN WETLANDS CONSERVATION ACT

GRANT ADMINISTRATION STANDARDS

For Canadian Recipients

August 2018

I. APPLICABILITY AND AUTHORITY When attached to U.S. Fish and Wildlife Service (FWS)

Assistance Awards, these Standards apply to all grants awarded to Recipients in Canada under the authority of the North American Wetlands Conservation Act (NAWCA). The authority for the NAWCA grant program is 16 USC 4401 et seq., as amended.

II. GRANT AGREEMENT The Grant Agreement consists of a signed Notice of Award and a Grant

Agreement Summary Form which incorporates these Standards, the Proposal and any approved amendments, and the Recipient's signed Standard Form 424 (SF-424), including required Certifications and Assurances.

SF-424D Assurances: The SF-424D Assurances for Construction Projects are required for all NAWCA projects. By receiving Federal funds, the Recipient agrees to Certifications regarding Proposal

Submission, Conflict of Interest, Debarment, Suspension, and other Responsibility Matters, Lobbying, and Drug-Free Workplace, as explained in Appendix A of these Standards.

Accepting the Award: The Recipient agrees to terms and conditions of the grant by signing the SF-424 and required Assurances and enters a binding agreement by receiving Federal funds through the electronic funds transfer process. The Recipient’s signature on the Grant Agreement is not required to initiate the

Grant Agreement.

Declining the Award: The Recipient may decline the award or request a delay of the execution date by written notice to the FWS Grant Officer within 10 business days of receipt of the award.

Terminating the Award: FWS may terminate the award in whole or in part if a Recipient materially fails to comply with the terms and conditions of an award. The FWS may also terminate this award with the consent of the Recipient, in which case the two parties must agree upon the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated. The

Recipient may terminate the award upon sending to FWS written notification setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated.

However, if FWS determines in the case of partial termination that the reduced or modified portion of the

Grant Agreement will not accomplish the purposes for which the grant was made, it may terminate the grant in its entirety. In any partial termination of an award, FWS must consider the Recipient’s responsibilities for property management (if any) and to submit financial, performance, and other reports required by this document.

III. REPORTS AND OTHER DOCUMENTATION

Prior to the Funding Period: The National Historic Preservation Act (36 CFR 800) applies to all NAWCA projects. Prior to approval of any U.S. Federal undertaking in Canada, the Recipient must inform the

FWS if the undertaking may directly and adversely affect property included on the World Heritage List or on Canada’s equivalent of the National Register, and, if so, present plans to avoid or mitigate any adverse effects.

During the Funding Period: Annual/interim financial and performance reports are required. The annual reporting period is dependent on the award’s performance start date. The performance period for interim reports ends on the last day of the quarter that includes the anniversary of the project start date. Annual performance and financial reports must be submitted to the Grant Officer 90 calendar days after the interim report end date. The table below shows the schedule of reporting. All reports are cumulative.

(a) Annual performance reports must include a comparison of actual (grant and match) accomplishments with proposed objectives for the period, a comparison by activity category and habitat type (wetland and upland) of the acres achieved compared with the acres proposed, with an explanation of any differences, and a comparison of proposed and actual matching contributions, by partner, and proposed and actual budget amounts by activity, in U.S. dollars.

(b) Annual financial status must be reported on the Federal Financial Report, SF-425 in U.S. dollars. The first annual financial report must include all project-related financial activity from the date the

Proposal was received by FWS to the end of the annual performance period (see table below), and should also include the value of any U.S. non-Federal of Canadian match contributed prior to the

Proposal date.

Award Performance Start

Date

Annual Interim Report

End Date

Annual Interim Report

Due Date

(90 days after report end date)

January 1 December 31 March 31

January 2- March 31 March 31 June 29

April 1 March 31 June 29

April 2- June 30 June 30 September 28

July 1 June 30 September 28

July 2- September 30 September 30 December 29

October 1 September 30 December 29

October 2 – December 31 December 31 March 31

(c) Recipients of awards that include any funds obligated by FWS on or after October 11, 2011, are required to report executive compensation and subaward information under the Federal Funding

Accountability and Transparency Act (FFATA).

The FFATA Subaward Reporting System (FSRS.gov) is the system that allows grant award and contract award recipients to electronically report their sub-award activity. Recipients must report using their DUNS number, and the DUNS number(s) of their sub-awardee(s), the names and total compensation of the five most highly compensated officers of the entity if the entity in the preceding fiscal year received 80 percent or more of its annual gross revenues in Federal awards; and

$25,000,000 or more in annual gross revenues from Federal awards; and the public does not have access to this information about the compensation of the senior executives of the entity through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.

§§78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. See FFATA §2(b)(1).

In addition, Recipients must report the following information related to each subaward if the Federal award amount is equal to or over $25,000 at any time during the project period:

1) name of the entity receiving the award;

2) amount of the award;

3) information on the award including transaction type, funding agency, Catalog of Federal

Domestic Assistance number, program source, and award title descriptive of the purpose of each funding action;

4) location of the entity receiving the award and primary location of performance under the award, including city, province, and country; unique identifier of the entity receiving the award and the parent entity of the recipient, should the entity be owned by another entity;

5) and Recipients must report executive compensation and subaward information by the end of the month after the subaward was made. For example, if a subaward was made on December

18, the information must be entered by January 31. For more information about FFATA reporting please see http://www.fsrs.gov.

(d) Real property acquisition documentation must be included for any transactions completed during the reporting period. (See Section VI.)

At the end of the funding period: Recipients must submit the following within 90 days of the end of the funding period:

(a) A final performance report that includes a table comparing actual (grant and match) accomplishments with proposed objectives for the entire funding period; a table comparing by activity category and habitat type (wetland and upland) the acres achieved with the acres proposed, with an explanation of any differences; a table comparing actual partner contributions with those proposed, with an explanation of any differences; a table comparing actual budget amounts (in U.S. dollars) by activity category with those proposed, and an explanation of any differences; and a tract table that lists all properties for each Project activity (securement, enhancement, management), the wetland and upland acreage of each, and for secured tracts, whether or not acquisition or easement documentation has been provided.

(b) A final financial status report, in U.S. dollars, on Federal Financial Report SF-425 showing only NAWCA grant and U.S. non-Federal or Canadian match funds. Additional Canadian non-match contributions should not be included on this form, although they may be shown in the performance report.

(c) A shapefile in geospatial vector data format for geographic information systems software

(GIS) that includes a polygon for each interest in real property that the Recipient or match provider secured, enhanced or restored with grant or matching dollars or accepted as in-kind matching contributions as part of the project. If possible, use WGS 1984 projection data.

(d) Real property acquisition documentation not already provided along with annual reports. (See

Section VI.) An inventory of all equipment acquired by the Recipient or subrecipient with

NAWCA grant or U.S. non-Federal or Canadian match funds.

(e) An inventory of unused supplies purchased with NAWCA funds, if the total aggregate value upon completion of the Project exceeds $5,000 (U.S.).

(f) Project Photographs and Video Documentation

i. Five (5) photographs must be submitted (2 with first annual report, 5 total by the date of submission of the final report), in one of the following formats:

1. Digital photographs (uncompressed or “highest quality” JPG or TIFF, resolution 300 dpi and at least 2400 pixels wide, or 8x10 inches print size).

2. Photos must be relevant to the implementation of the project and focus on people, birds, and habitat as subjects.

ii. Submission of video is optional. Video can be edited but should not be compressed. Acceptable formats are .mp4 or .mov. HD footage is preferred;

either 720 or 1080 is acceptable.

iii. Required metadata: 1. photo caption (photo subject, location and name of species depicted if applicable), 2. photographer credit, 3. contact information for the owner of the photograph/video (if different from grantee).

iv. Copyright: All artwork, graphic design, photo, audio, video or other product(s) submitted to USFWS will be entered into the public domain.

Copyright owners of such work must surrender any copyright claims to the work, through the submission of Service form 3-2259. Additionally, anyone appearing in such work must grant the Service use of their likeness, through the submission of Service form 3-2260 or 3-2260 S.

v. Logo Usage: Grantees must acknowledge NAWCA support in publications, reports, news releases, and other public outreach materials.

The FWS logo must be printed on all grant products when possible. Photo-ready and vector format logos are available upon request. Exceptions: The

FWS logo must NOT be printed on vehicles or apparel.

IV. FINANCIAL ADMINISTRATION

Grant and Match Funds: NAWCA Federal funding shall not exceed 50 percent of the total cost of the

Project (including only NAWCA and U.S. non-Federal match funds). The Recipient shall not incur costs to be charged to the FWS nor shall the FWS be obligated to reimburse the Recipient in excess of the funding actually obligated under the Grant Agreement.

At least 50% of funds used as match for a NAWCA project must be from U.S. non-Federal sources and up to 50% of match for any project may be from Canadian sources. Match funds must be used to accomplish the purposes of the Project, and not previously used as required match for another U.S.-

Federally funded Project or purpose. At the end of Project, the total amount of U.S. non-Federal and

Canadian match must at least equal the amount committed in the Proposal, and must meet the source requirements described above.

Use of Grant and Match Funds: Grant and match funds may be used to acquire those things that are necessary for the purpose described in the Grant Agreement and that are reasonable, allowable, and allocable to the project. Activities considered reasonable, allowable, and allocable are identified in the

“Eligible Activities” tables 1 and 2 of this document. The Recipient may obligate grant or match funds for the purposes of the Project or may subaward these funds to a subrecipient to accomplish the purposes of the Project. Unless otherwise specified in these Standards, both grant funds and matching contributions are considered part of the Project and subject to the same requirements. Grant and match funds may not be used for recurrent payments to landowners (unless under multiple-year agreements), research studies, non-Project specific communications products or tours, travel of U.S. Government personnel, or other costs described as ineligible in these Standards, Eligibility Criteria, U.S. Code of Federal Regulations, or other documented incorporated into the Grant Agreement.

The following forms of funds must be spent before drawing down grant funds: program income, rebates, refunds, contract settlements, audit recoveries and interest earned on such funds.

Funding Period: The funding period will be designated in the Agreement, unless extended by FWS. The terms “grant period” and “Project period” are considered synonyms for the funding period.

Grant funds and matching contributions must be obligated during the funding period, except an eligible pre-agreement cost which may be obligated prior to the funding period. A Recipient or subrecipient obligates funds (i.e., incurs costs) on the earlier of placing an order, signing a contract, receiving goods or services, or carrying out similar transactions during a given period that will require payment during the same or a future period (not to exceed ninety days after the funding period). For acquisitions of a real property interest, funds are considered obligated when costs are incurred at the time of closing/property settlement, and title is taken. All matching cash and eligible in-kind contributions must be obligated for the authorized purpose of the Project by the end of the funding period.

All obligations must be made and work must be accomplished during the funding period, although cash does not necessarily have to be disbursed by the end of that time period. The Recipient must liquidate all obligations and ensure that the Grant Officer receives a final report no later than 90 days after the end of the funding period.

Pre-agreement Costs: The Recipient or subrecipient may incur pre-agreement costs before the funding period only if such costs:

(a) do not exceed the amount of the grant funds awarded in the Agreement;

(b) are necessary to accomplish the objectives of the Project by the end of the funding period;

(c) fund activities listed in the Proposal for accomplishment with grant funds;

(d) have not been incurred before the date that FWS receives the Recipient’s Proposal; and

(e) are allowable to the extent that they would have been allowed if they had been incurred during the funding period.

By definition, pre-agreement costs occur before a signed Grant Agreement, and therefore they are incurred at the applicant’s risk. Upon completion of a signed Grant Agreement, this section constitutes prior written approval for any pre-agreement cost that qualifies under its provisions and is in compliance with applicable U.S. Federal laws and regulations, as well as Canadian Federal, Provincial, and local laws and regulations.

Program Income: Program income is income received by the grant Recipient that has been directly generated by any Project activity, or earned only as a result of the Grant Agreement, during the funding period. Program income is reported on the SF-425 Federal Financial Report (in lines 10l -10o). Either

“net” or “gross” program income can be calculated and reported. If the Recipient chooses, and if authorized by the awarding agency, “net” program income may be determined by deducting the costs necessary for the generation of program income from the gross program income, provided these costs have not been charged to the award. It is the Recipient’s responsibility to identify these costs and how they are calculated. Total or “gross” program income can be reported without additional calculations.

With prior written approval from FWS, the Recipient will be authorized to do either of the following:

(a) subtract the program income from the amount awarded, or

(b) add the program income to the funds committed to the Grant Agreement.

The program income must be used for the purposes and under the conditions of the Grant Agreement, but does not have to be matched with U.S. non-Federal matching funds. Program income is not authorized for matching purposes. Income generated by the Recipient outside of the funding period shall be retained by the Recipient. FWS encourages Recipients to use generated funds to support wetland conservation purposes consistent with the NAWCA program.

Funds generated through disposition of real property interests acquired as part of the project are not considered program income. Sale, transfer, or encumbrance of real property will be treated as a disposition. The Recipient must notify the FWS Grant Officer of any disposition intention prior to its execution.

Indirect Costs and Overhead: Indirect costs, as well as direct overhead and administrative costs, are allowable for both grant funds and matching funds. These costs must be calculated by an acceptable method, including an indirect cost rate negotiated with the U.S. Department of Interior, directly charged administrative costs, or a direct allocation method. FWS must approve, in writing, of any direct overhead administrative costs that will be charged to the project. The FWS must receive a copy of a recent

Negotiated Indirect Cost Rate Agreement (NICRA) if any indirect costs are charged to the project.

Indirect costs include all costs determined, allocated, or distributed in accordance with the methods authorized for indirect costs in the Federal Cost Principles.

Financial Management System: The Recipient must maintain an accounting system that allows detailed reporting of the receipt and expenditure of NAWCA grant, U.S. non-Federal match, and Canadian match contributions. Accounting records must be submitted to the FWS when requested for monitoring visits and/or audits. All accounting records must be supported by source documentation for at least 3 years from FWS receipt of a complete final report for any project.

Payments: Before a Recipient requests payment, verify that the organization has an active Data Universal

Numbering System (DUNS) number and an active registration in the System for Award Management

(SAM). If the organization is not registered in those systems, or if the record is incorrect, go to the DUNS and SAM websites to enter or update your information.

Data Universal Numbering System (DUNS). Dun and Bradstreet issues the DUNS number to federal grant applicants online at http://fedgov.dnb.com/webform.

System for Award Management (SAM). You can register in SAM or obtain additional SAM information online at https://www.sam.gov/portal/public/SAM/.

o Be aware that Registrants located outside of the U.S. are required to include an

NATO Commercial and Governmental Entity (NCAGE) Code on their SAM registration, or their registration will be considered incomplete. All countries outside of the U.S. need this number, not just NATO countries. The Code is a five-character

ID number used extensively within U.S. federal government systems.

o The form and instructions can be found at:

http://www.dlis.dla.mil/Forms/Form_AC135.asp o For help from outside the U.S., call 1-269-961-7766

Email NCAGE@dlis.dla.mil for any problems in getting an NCAGE code

Recipient payments will be transferred electronically through the U.S. Treasury’s International Treasury

Services (ITS) system. Two forms must be completed and submitted for each payment request: the SF

270 or SF 271 AND the ITS Payment Cover Sheet. Forms must be sent together to the Department of

Interior’s National Business Center (NBC) either by fax at 1-303-969-7281 or through ENCRYPTED email to NBC at fbmsfwspayments@nbc.gov and copy your FWS Grant Officer.

1. ITS Payment Cover Sheet:

Complete this form carefully. If the grant was awarded before September 2011, then the old agreement number assigned to the award, which is the hyphenated code shown at the top of your old Assistance Award, has been superseded by a new FWS document number. The new FWS document number for the award is a longer code that starts with the letter “F”.

http://fedgov.dnb.com/webform https://www.sam.gov/portal/public/SAM/ http://www.dlis.dla.mil/Forms/Form_AC135.asp https://mail.google.com/mail/?view=cm&fs=1&tf=1&to=fbmsfwspayments@nbc.gov http://www.fws.gov/birdhabitat/Payments/files/FillableITSPaymentPackageCoverSheet-English.docx

2. Form SF-270/SF-271, Request for Advance or Reimbursement Instructions are provided on the second page of the form. Line 11 applies only to reimbursements and line 12 only to advances.

(There are no instructions for line 12 because it is self-explanatory.) This form is also available at http://www.whitehouse.gov/omb/grants_forms/. A payment request, however, may include both reimbursement and advance if the Recipient has been authorized to do so.

Recipients can make as many draws as necessary to reimburse project expenses (no limit on number of payments issued, or payment request frequency). If the request forms are correctly completed, NBC can process a payment within 7 business days of the payment request. If any part of the request is incorrect, it will be rejected. If this occurs, NBC staff will contact the FWS Grant Officer within 3 days after the rejection to explain what must be corrected. A rejected request may take up to 30 days to be paid.

Advance Payments: Recipients may receive advance payments provided they maintain procedures to minimize the time elapsing between the transfer of funds and disbursement by the Recipient and subrecipient. When Federal cash advances are made by electronic transfer of funds methods, the

Recipient must draw down grant funds as close as possible to the time of making disbursements, generally within three days. Exceptions are allowed only when an unexpected occurrence prevents disbursement of the funds within 3 days. Then, the Recipient may retain the funds for disbursement within seven calendar days of transfer, or, if the amount of funds is less than $10,000, the Recipient may retain the funds for disbursement within 30 calendar days.

Interest on Advances: Generally, advances shall be maintained in interest bearing accounts. The

Recipient must deposit Federal cash advances in interest bearing accounts unless (a), (b), or (c) apply:

(a) The Recipient receives less than $120,000 in Federal assistance awards per year.

(b) The best reasonably available interest bearing account would not be expected to earn interest in excess of $250 per year.

(c) The depository would require an average or minimum balance so high that it would not be feasible with the expected Federal and non-Federal cash resources.

When depositing Federal cash advances in an interest-bearing account, separate depository accounts are not required, but Recipients must be able to account for the receipt, obligation, expenditure of and interest on the funds. Interest amounts up to $250 per year may be retained by the Recipient for administrative expenses. Interest earned on advances shall be remitted annually to the FWS.

Accounting and reporting: Accounting and reporting of these Projects shall be expressed in U.S. dollars.

V. EQUIPMENT AND SUPPLIES

Purchase, Use, and Disposal of Equipment: The Recipient or subrecipient may purchase and manage equipment acquired under a Grant Agreement in accordance with all eligibility factors and as described in the Proposal. Title to all equipment acquired for the Project will vest in the Recipient or subrecipient.

The Recipient or subrecipient may use the equipment acquired for the Project as long as needed for project purposes whether or not the Project continues to be supported by FWS funds. While the equipment is used for the Project, the Recipient or subrecipient must make it available for use on other

Projects or programs currently or previously supported by the FWS, if such other use will not interfere with the work on the Project for which the equipment was originally acquired.

When original or replacement equipment acquired with grant funds is no longer needed for the original

Project or for other activities currently or previously supported by the FWS, equipment disposition will be as follows:

http://www.fws.gov/birdhabitat/Payments/files/sf270%20form.pdf http://www.whitehouse.gov/omb/grants_forms/

(a) Equipment with a current market value of less than $5,000 (U.S.) may be retained, sold, or otherwise disposed of with no further obligation to the FWS.

(b) Equipment with a current market value in excess of $5,000 (U.S.) may be retained or sold and the FWS will have a right to an amount calculated by applying the percentage of U.S. Federal participation in the cost of the original Project to the current market value of the equipment.

(c) In cases where a Recipient or subrecipient fails to take appropriate disposition actions, the

FWS may direct the Recipient or subrecipient regarding required actions. In such cases, the FWS reserves the right to transfer title to a third party of its choosing, when such a third party is an eligible NAWCA grant recipient.

Equipment Inventory: A physical inventory of equipment with a current market value in excess of $5,000

(U.S.) acquired with grant or match funds, or received as a matching in-kind contribution, must be made immediately prior to submitting the final performance report and at least once every two years thereafter.

Supplies and Other Expendable Property: If the residual inventory of unused supplies purchased with grant or matching funds is worth less than $5,000, these items belong to the Recipient or subrecipient who may choose how to dispose of them. However, at the termination or completion of the Project, if there is a residual inventory of unused supplies which in aggregate is worth $5,000 (U.S.) or more, and is not needed for any other FWS-sponsored Project or program, the Recipient or subrecipient may either retain the supplies or sell them, but in either case must compensate the FWS for its share.

VI. REAL PROPERTY ACQUISITION

Long-term Conservation: Real property purchased with NAWCA grant funds or matching funds shall be held and administered primarily for the long-term conservation of migratory birds, wildlife, and other natural resources, in accordance with the Project purposes.

Property Inspection: Real property acquired with NAWCA funds or matching funds may be inspected, following reasonable advance notice, by FWS representatives as needed to ensure that the property is managed in accordance with the purposes of the Project and for the long-term conservation of migratory birds, wildlife, and other natural resources.

Acquisition and Documentation Procedures: All real property acquired with NAWCA or matching funds will be purchased at the best-negotiated price based on a fair market value determined by third-party appraisals completed according to generally accepted standards and procedures currently in use in

Canada. However, for the following exceptions apply:

(1) If the market value of a real property interest is less than $10,000 (U.S.), a full appraisal is not required, but a third-party valuation, such as use of several comparables or some other method acceptable in the local jurisdiction, will be required. However, if an appraisal is done, the property value will be determined by the appraisal.

(2) For minimally restrictive easements purchased in the Prairie Habitat Joint Venture (PHJV) that are valued below $100,000 (U.S.), the following alternative valuation method may be employed in lieu of an individual property appraisal. To determine the fair market value of property in the

PHJV, the current assessed land value as determined by the provincial or regional tax authority is multiplied by a percentage derived from a price discovery process establishing a market price for conservation easements in the prairie regions. This price discovery process must be reviewed and updated no less than every 3 years. If an easement’s calculated value is above $100,000, a third party appraisal is always required unless specifically waived by FWS. A minimally restrictive conservation easement prevents destructive activities such as clearing, cultivation, filling or drainage of eased lands, but still allows for lower-impact agricultural activities such as haying and grazing. Evaluations to date indicate that they have a modest impact on value.

(3) The Recipient will maintain the following documentation for acquisition and securement activities where grant and/or U.S. non-Federal match funds are used and send it to the FWS with the next due annual or final report:

a. a copy of the summary and signature pages of the appraisal, or documentation to substantiate direct sales or market comparison value;

b. a copy of the recorded deed or other instrument conveying title to all interests in real property purchased with grant or matching funds;

c. and a closing, settlement, or adjustment statement showing a breakdown of the costs involved in the purchase of an interest in real property.

Land Purchase: Unless otherwise described in the Project Proposal, title to the land or parcels of land purchased with NAWCA or match funds should be registered in fee simple, free and clear of all encumbrances save and except those reservations, exceptions, and encumbrances which do not affect the use of the property for the Project purpose or prevent registration of conservation intent.

Registration of Conservation Intent: Upon receiving title to a property, a Recipient or subrecipient must register in its favor as a first charge, or such other priority position as the parties agree upon, against the land a caveat, mortgage, notice of Grant Agreement, or other encumbrance in accordance with applicable local laws, in order to protect the conservation interest in the land. Such encumbrance may not be discharged without the prior written consent of the FWS. The Recipient must immediately inform FWS of any action taken by any subrecipient or other person to remove the encumbrance from the title and, unless otherwise authorized by the FWS, shall take whatever action may be necessary to continue the encumbrance.

Real Property Disposal: The Recipient or subrecipient must use the real property interest for the Project’s authorized purposes. The FWS will be the final arbiter of when an interest in real property will be no longer needed for the Project’s authorized purposes. Except as specified in the Proposal, the Recipient or subrecipient who commits the interest in real property to the Project may not:

a. encumber the interest on real property without the written approval of the FWS. (Encumber means to attach a claim, liability, or some other right to real property and make it binding on the same, such as a lien, mortgage, easement, or servitude; or

b. dispose of the interest in real property, or any part of the same, without the written approval of the

FWS.

FWS approval to encumber or dispose of the real property will not be unreasonably withheld if the

Recipient or subrecipient intends to transfer, for nominal consideration, the real property interest to another qualified organization for conservation purposes. FWS approval may be assumed if such a transfer is specified in the Project Proposal included by reference in the NAWCA Grant Agreement.

Even with prior approval from FWS, if any interest or part of real property purchased with NAWCA grant or U.S. non-Federal match funds is sold, encumbered, otherwise transferred, or ceases, in the opinion of

FWS, to be used for the Project purpose, the Recipient shall repay to FWS, on terms and conditions satisfactory to FWS, the proportionate share of the current fair market value of the property interest. The proportionate share will be calculated using the percentage of NAWCA participation in the Project.

If FWS consent is not obtained before property purchased with NAWCA grant or match funds sold, encumbered, otherwise transferred, or ceases, in the opinion of the FWS, to be used for the purposes for which it was acquired, the Recipient must repay the proportionate share of the current fair market value of the property interest and non-compliance penalties also may apply. (See Section IX.)

VII. PROPERTY MANAGEMENT

Acquired and secured property: A Recipient or other authorized titleholder of real property acquired or secured through a Grant Agreement must manage any interests in real property acquired under that

Agreement consistent with the Project’s purpose as long as the interests in real property are needed for that purpose. This is required regardless of whether the interests in real property were acquired with grant or matching funds or contributed as a matching in-kind contribution.

Except as specified in the Proposal, the Recipient or other authorized titleholder of interests in real property acquired or secured with NAWCA grant or U.S. non-Federal matching funds or as a matching in-kind contribution may not encumber, sell, or otherwise transfer the interest in real property, or any part of the same, without the approval of FWS. However, if the interest in the real property is an easement or a lease with a term that is less than perpetual, the obligation to seek FWS permission will end with the expiration of the term of the easement or lease.

Restored and enhanced property: The Recipient or other authorized titleholder must manage restored or enhanced real property consistent with the purpose authorized by the Grant Agreement. This requirement pertains to all interests in real property that were restored or enhanced with U.S. Federal grant or matching funds or received as match. The Recipient or other authorized titleholder may propose that the interest in real property is no longer needed for the Project’s authorized purpose, but, the Recipient or other authorized titleholder is prohibited from managing the property in a manner that interferes with the

Project’s authorized purpose unless it obtains written permission from FWS.

The Recipient or authorized titleholder must manage restored or enhanced real property for the time period the Proposal identifies for Project benefits (the described contributions to long-term conservation of wetlands and associated habitats). If no time period was specified in the Proposal, the Recipient or authorized titleholder must manage the property for 25 years from the date that the FWS receives acceptable final performance and financial reports. This period may be shorter than 25 years if limited by easements, leases, or other special considerations approved by the FWS.

Inspections: During the required management period, the Recipient must ensure that any acquired, restored, or enhanced Project site is available for site-inspection by the FWS or its designee, to ensure that it is managed consistent with the authorized Project purposes.

VIII. MODIFICATIONS Modifications to this Agreement may be proposed by either party and shall become binding upon signature of the appropriate FWS official.

Prior approval: The Recipient or subrecipient must obtain the prior written approval of the Grant Officer in any of the following situations, regardless of whether the potential change is initiated by the Recipient or dictated by forces beyond the Recipient's control:

(a) changes in the purpose and scope of the Project;

(b) any extension of the funding period after the first extension (first extensions require only written notification to the Grant Officer 10 days in advance with the supporting reasons and a revised expiration date no more than 12 months in the future);

(c) additions to, deletions from, or substitutions for the specific sites targeted for acquisition, habitat restoration, habitat enhancement, or habitat creation, unless the Proposal was approved without such sites being designated;

(d) initial identification of the specific sites which will be acquired, restored, enhanced, or created where such parcels or interests were not identified in the Proposal, unless site selection methods and priorities were described in the Proposal;

(e) changes to the boundaries of the area within which sites will be selected for acquisition, restoration, enhancement, or creation;

(f) any change in the restoration, enhancement, or wetland creation techniques or specifications;

(g) changes in the proposed titleholder of any interests in real property purchased, donated, or otherwise acquired for the Project;

(h) any decrease in the number of acres acquired, restored, enhanced or created as described in the Grant Agreement, other than de minimis changes due to survey error;

(i) any decrease in the total amount of matching contributions committed to the Project;

(j) the inclusion of costs not allowed in accordance with the Federal Cost Principles (OMB

Circular A-122) as applied to Canadian Projects or the Canadian Standards of the NAWCA

Grants Program; or

(k) the transfer of funds from a direct cost category to indirect costs or the transfer of funds from construction to non-construction, or vice versa.

A request for prior approval of any budget revision must be accompanied by a revised budget table in the same format as in the original Proposal. The USFWS Program Officer does not have the authority to increase the Federal funding awarded to this Project.

Extending the funding period: Any Recipient may receive an initial extension of the expiration date of the award of up to 12 months unless one of the following conditions applies:

(1) The terms and conditions of Grant Agreement prohibit the extension;

(2) The extension requires additional Federal funds; or

(3) The extension involves any change in the purpose or scope of the Project.

Extensions may not be exercised merely for the purpose of using unobligated balances that are not necessary for the completion of the Project. A Recipient may be given additional extensions of up to 12 months only if sufficiently compelling reasons are provided. In general, rationale for any extension must include confirmation that the Project will still succeed, that the to-date failure is no fault of the Recipient, and that the extension will result in a benefit to the U.S. Federal government. In order to obtain an extension, the Recipient must notify the Grant Officer in writing with the supporting reasons and revised expiration date at least 10 days before the expiration date specified in the Grant Agreement.

Change of Project Officer: Although prior approval is not required, the Recipient must notify the FWS of a change of the Recipient’s Project Officer or his or her address, telephone/fax number, or E-mail address.

Project Officers must be familiar with the details of a Proposal and the progress in completing the Project.

Project Officers must also be available to discuss the Project with the FWS Grants Officer by telephone or

E-mail.

IX. NONCOMPLIANCE AND TERMINATION Any instance of a failure to comply with one or more of the terms and conditions of the Grant Agreement, including any approved modification of the Grant

Agreement, constitutes noncompliance. For example, failure to submit a timely SF-425 Federal Financial

Report (in U.S. dollars) constitutes noncompliance with the Grant Agreement and can result, after notification by FWS, in appropriate noncompliance remedies.

Considerations Regarding Noncompliance: Before determining the consequences, an instance of noncompliance will be evaluated by the FWS based on the following considerations:

(a) whether the noncompliance is deemed to be repeated or egregious;

(b) the impact on natural resources;

(c) the impact on the Project and associated U.S. federally-assisted Projects;

(d) the impact on Project partners;

(e) the impact on the buyers or sellers of real property interests that are part of, or affected by, the

Project;

(f) the need for immediate action to protect the public’s interest;

(g) the harm or benefit to the U.S. federal government; and

(h) whether there are mitigating factors.

Remedies for Noncompliance: The FWS may apply one or more of the following remedies as a consequence of noncompliance with the Grant Agreement:

(a) temporarily withhold cash payments pending correction of the noncompliance;

(b) disallow (that is, deny both use of grant funds and any applicable matching credit for) all or part of the cost of the Project not in compliance;

(c) wholly or partly suspend or terminate the current Grant Agreement;

(d) reduce the federal share of costs after the final reports are received;

(e) withhold further Assistance Awards for the Project or Recipient;

(f) place the Recipient on a list of recipients that did not fulfill the commitments of a NAWCA

Grant Agreement;

(g) impose special administrative conditions during the funding period;

(h) take other remedies that may be legally available; or

(i) initiate procedures for suspension or debarment of a Recipient from U.S. Federal financial and nonfinancial assistance and benefits.

Grounds for Special Administrative Conditions: Special administrative conditions during the funding period may be imposed by the FWS if the Recipient meets one or more of the following criteria:

(a) has a history of unsatisfactory performance;

(b) is not financially stable;

(c) has a management system that does not meet prescribed standards;

(d) has failed to comply with the terms and conditions of a previous Grant Agreement;

(e) is in noncompliance with the terms of the current Grant Agreement; or

(f) is not otherwise responsible.

Special Administrative Conditions: If appropriate grounds exist to impose special administration conditions during the funding period, the FWS may apply any of the following conditions:

(a) allow only reimbursement of funds (allow no funds to be advanced);

(b) withhold authority to proceed to the next phase of the Project until receipt of evidence of acceptable performance within a given funding period;

(c) require additional or more detailed financial reporting;

(d) require additional Project monitoring;

(e) require the Recipient to obtain technical or management assistance; or

(f) require that prior approval be obtained from the FWS before implementing one of more aspects of the Project or Grant Agreement.

Debarment and Suspension: Debarment and suspension may be imposed, through appropriate regulatory methods, as a consequence of any of the following circumstances:

(a) Conviction of or civil judgment for:

(1) commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction;

(2) violation of Federal or State antitrust statutes, including those proscribing price fixing between competitors, allocation of customers between competitors, and bid rigging;

(3) commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, receiving stolen property, making false claims, or obstruction of justice; or

(4) commission of any other offense indicating a lack of business integrity or business honesty that seriously and directly affects the present responsibility of a person.

(b) Violation of the terms of a public agreement or transaction so serious as to affect the integrity of an agency program, such as

(1) a willful failure to perform in accordance with the terms of one or more public agreements or transactions;

(2) a history of failure to perform or of unsatisfactory performance of one or more public agreements or transactions;

(3) a willful violation of a statutory or regulatory provision or requirement applicable to a public agreement or transaction.

(c) Any of the following causes:

(1) a nonprocurement debarment by any Federal agency taken before October 1, 1988, or a procurement debarment by any Federal agency taken pursuant to 48 CFR subpart 9.4;

(2) knowingly doing business with a debarred, suspended, ineligible, or voluntarily excluded person, in connection with a covered transaction, except as permitted in 2 CFR

200.213;

(3) failure to pay a single substantial debt, or a number of outstanding debts (including disallowed costs and overpayments, but not including sums owed the Federal

Government under the Internal Revenue Code) owed to any Federal agency or instrumentality, provided the debt is uncontested by the debtor, or if contested, provided that the debtor’s legal and administrative remedies have been exhausted;

(4) violation of a material provision of a voluntary exclusion agreement entered into under 2 CFR 200.113, or any settlement of a debarment or suspension action; or

(5) violation of any requirements of the drug-free workplace requirements for grants, relating to providing a drug-free workplace, as set forth in 2 CFR 1401.

(d) Any other cause of so serious or compelling a nature that it affects the present responsibility of a person.

Unpaid Debts: An unpaid debt to the FWS will result in penalties. Unless otherwise established in a

Treasury-State agreement, contract, repayment agreement, or by statute, the FWS will charge a penalty, not to exceed six percent a year, on the amount due on a debt that is delinquent for more than 90 days.

This charge will accrue from the date of delinquency, which will generally be 30 days from the date that the demand letter is mailed or hand delivered.

X. AUDITS AND MONITORING

Single Audit Requirements: Recipient or subrecipients must have a single or program-specific audit if they expend $750,000 (U.S.) or more in a year in U.S. Federal awards. The audit must be conducted by an independent auditor for that year, and it must be in accordance with OMB Circular A-133, “Audits of

States, Local Governments, and Non-Profit Organizations”

Access to Records: The FWS, the Inspector General, Comptroller General of the United States, or any of their duly authorized representatives have the right of timely and unrestricted access to any books, documents, papers, or other records of Recipient or subrecipients that are pertinent to the awards, in order to make audits, examinations, excerpts, transcripts and copies of such documents. In the case of Recipient or subrecipients that are institutions of higher education, hospitals, and other nonprofit organizations, this right also includes timely and reasonable access to a Recipient or subrecipient's personnel for the purpose of interview and discussion related to such documents. For all Recipient or subrecipients, the rights of access in this paragraph are not limited to the required retention period for records, but will last as long as any records on the Project are retained by the Recipient or subrecipient or the FWS.

Inspection and Monitoring Rights: The Grant Officer and other FWS personnel may inspect and monitor real property, equipment, or supplies acquired as part of the Grant Agreement; habitat restored or enhanced under the Grant Agreement; or wetlands created through the Grant Agreement. The purpose of such inspections will be to insure that the real property, equipment, supplies, or habitat is being used or managed for the authorized purpose and consistent with the terms of the Grant Agreement. The rights of access to real property, equipment, or supplies acquired as part of the Grant Agreement will terminate:

(a) once the real property, equipment, or supplies have been legally disposed of;

(b) when the FWS has approved a request that such real property, equipment, or supplies will no longer be used for the authorized purpose of the Grant Agreement; or

(c) when the management term as defined in the Grant Agreement expires, regarding leases, easement, restoration, enhancement, and wetland creation actions.

XI. SPECIAL PROVISIONS

Information Releases: News releases or other information on the Project published or released for publication by the Recipient or subrecipients must acknowledge that funding was made possible through

NAWCA and the FWS as appropriate. All materials must acknowledge the support of FWS by showing the FWS logo or the NAWCA signature. Photo-ready and vector format logos are available upon request from the FWS Grant Officer. Copies of press releases and other publicity shall be made available to the

FWS Grant Officer.

Government Right to Publish and Use Data: Publication of any reports or parts thereof by Recipient's personnel shall be subject to FWS review and comment. Authorship shall not incur any privileges of copyright nor restriction on distribution. Appropriate credits to the United States Department of the

Interior, Fish and Wildlife Service, shall be in any formally published article providing the FWS does not issue a disclaimer. Unless waived by FWS, the U.S. Federal Government has the right to:

1. Obtain, reproduce, publish or otherwise use the data first produced under an award; and

2. Authorize others to receive, reproduce, publish, or otherwise use the data for U.S. Federal purposes.

Two (2) copies of each publication produced under this Agreement shall be sent to the Natural Resources

Library with a transmittal that identifies the sender and the publication. The address of the Library is:

U.S. Department of the Interior

Natural Resources Library

Division of Information and Library Services

Gifts and Exchange Section

1849 C Street, NW

Washington, DC 20240

Distribution of Information: The Recipient shall provide copies of reports, maps, or any other information generated by this Project to any person or organization that requests it, in a timely manner.

Copyright: The provider affirms that any artwork, graphic design, photo, audio, video or other product(s) submitted to FWS, was created by him or herself alone in his or her private capacity and automatically qualifies for a U.S. copyright - if others were involved in its creation the provider affirms that he or she has their permission to put into the public domain. The provider agrees to irrevocably dedicate that or those copyrights to the public domain.