April 12 2022 Foa_Content_of_F22AS00160.pdf

U.S. Fish and Wildlife Service

FWS - Ecological Services https://www.fws.gov/program/cooperative-endangered-species-conservation-fund

Cooperative Endangered Species Conservation Fund: Recovery Land Acquisition Grant Program Fiscal Year: 2022

F22AS00160

Due Date for Applications: 04/26/2022

Table of Contents A. Program Description

B. Federal Award Information

B1. Total Funding

B2. Expected Award Amount

B3. Expected Award Funding and Anticipated Dates

B4. Number of Awards

B5. Type of Award

C. Eligibility Information

C1. Eligible Applicants

C2. Cost Sharing or Matching

C3. Other

D. Application and Submission Information

D1. Address to Request Application Package

D2. Content and Form of Application Submission

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

D4. Submission Dates and Times

D5. Intergovernmental Review

D6. Funding Restrictions

D7. Other Submission Requirements

E. Application Review Information

E1. Criteria

E2. Review and Selection Process

E3. CFR – Regulatory Information

E4. Anticipated Announcement and Federal Award Dates

F. Federal Award Administration Information

F1. Federal Award Notices

F2. Administrative and National Policy Requirements

F3. Reporting

G. Federal Awarding Agency Contact(s)

G1. Program Technical Contact

G2. Program Administration

G3. Application System Technical Support

H. Other Information

A. Program Description Authority:

16 U.S.C. §1535

Assistance Listing Number:

15.615 Background, Purpose and Program Requirements:

As many species listed as endangered or threatened under the Endangered Species Act (ESA) spend at least part of their life cycle on non-Federal lands, the U.S. Fish and Wildlife Service (Service) recognizes success in conserving and recovering these species depends largely on working cooperatively with States and Territories (hereafter, “States”).

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

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

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

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

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

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

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

To be considered for funding through this opportunity, the land proposed for acquisition must benefit at least one listed species for which (1) habitat loss is identified as a threat; and (2) habitat protection is identified as a priority recovery action in the species’ most recently approved recovery planning document. Further, all applications must state a commitment to funding for, and implementation of, management of the land in perpetuity, consistent with the conservation needs of the species.

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

The Service recognizes that, in the exercise of their general governmental powers, States possess broad trustee and police powers over fish, wildlife, and plants and their habitats within their borders. Unless preempted by Federal authority, States possess primary authority and responsibility for protection and management of fish, wildlife, and plants and their habitats. The Section 6 cooperative agreements entered into by the States and Service reflect a common commitment to actively advance the purpose and policies of the ESA, including providing a means to foster relationships with partners, reduce conflicts between listed species and economic development, and promote the long-term conservation of listed species and the ecosystems on which they depend. These grants encourage the cooperative implementation of the ESA by leveraging Federal investment in species recovery and demonstrate the Service’s commitment to cooperative conservation at the local level. Through this collaborative and inclusive approach to conservation, these grants further the Biden-Harris administration’s America the Beautiful initiative to conserve, connect, and restore 30 percent of our lands and waters by 2030 for the sake of the Nation’s economy, health, and well-being.

B. Federal Award Information B1. Total Funding Estimated Total Funding $11,162,000

B2. Expected Award Amount Maximum Award $11,162,000 Minimum Award $10,000 https://www.doi.gov/priorities/america-the-beautiful

B3. Expected Award Funding and Anticipated Dates Expected Award Funding $11,162,000 Expected Award Date July 29, 2022 The Service may award an estimated $11.162 million through this opportunity, contingent upon final fiscal year 2022 appropriations. There is no minimum or maximum award amount and applications compete at the national level. In FY 2021, Service awarded $29.2 million through 12 grants with awards ranging from $300,000 to $5.25 million.

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

The Service intends to make award recommendations within 90 days of the closing date of this opportunity. Following review and approval, the Service’s Regional Offices will make pre-award notifications and outline the process for finalizing awards. The Service intends to make pre-award notifications by July 29, 2022, and obligate funds within 120 days. The maximum period of performance (PoP) for a grant awarded through this opportunity is three years, beginning on the effective date established at the time of grant approval or the date of award obligation, whichever is earlier.

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

B4. Number of Awards Expected Number of Awards In FY 2021, Service awarded $29.2 million through 12 grants with awards ranging from $300,000 to $5.25 million. The average award was $2.4 million. The Service expects to award up to five grants through this opportunity should the average grant amount remain consistent with the previous fiscal year and contingent upon final FY 2022 appropriations.

B5. Type of Award Funding Instrument Type G - Grant

C. Eligibility Information C1. Eligible Applicants Eligible Applicants 00 – State governments Additional Information on Eligibility Only State agencies that have entered into a Cooperative Agreement pursuant to Section 6(c) of the ESA and have provided the information necessary for the annual renewal (reconfirmation) of their Cooperative Agreement are eligible to apply for funding. Applicants that have not fulfilled both criteria will not be considered. While funding may only be awarded to States, individuals or groups such as counties or conservation organizations may work with a State agency that has a cooperative agreement on conservation efforts that are mutually beneficial, as a subgrantee.

C2. Cost Sharing or Matching Cost Sharing / Matching Requirement Yes Percentage of Cost Sharing / Matching Requirement In accordance with section 6(d) of the ESA, the minimum non-Federal cost share is 25 percent of the total project cost, i.e., the amount requested from the program plus the amount of non‐ Federal cost share. Other funds that are related to the project or are part of a larger project but are not designated as cost share should not be included in the total project costs when calculating minimum non-Federal cost share.

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

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

Non-Federal cost share requirements are detailed in 50 CFR 81.8(b) and allow the cost share to https://www.govinfo.gov/content/pkg/USCODE-2009-title48/pdf/USCODE-2009-title48-chap10-sec1469a.pdf be in the form of cash or in-kind contributions, including real property, in accordance with the regulations at 2 CFR 200.306. The amount of non-Federal cost share will be considered in the evaluation and ranking of applications (see Section E).

C3. Other Projects must support at least one listed species’ most recent Service-approved recovery planning document (Section A) in which habitat loss is identified as a threat and habitat protection is identified as a priority recovery action.

The specific parcel(s) of land proposed for acquisition with grant funds, or as non-Federal cost share, must be identified and sufficiently described to facilitate merit review based on the evaluation criteria listed in Section E. Parcels must be individually identified but can be grouped and described for evaluation purposes at the property or transaction level. Parcels not included in the proposal will not be eligible for substitution for parcels that are not acquired.

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

A property may not be submitted for funding consideration under both the Recovery Land Acquisition Grant Program and the Habitat Conservation Plan (HCP) Land Acquisition Grant Program in the same fiscal year.

Projects must involve voluntary conservation efforts within the United States. Applications cannot include Service Full-Time Equivalent (FTE) costs.

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

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

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

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

Foreign Entities or Projects:

State Sponsors of Terrorism: This program will not fund projects in countries determined by the U.S. Department of State to have repeatedly provided support for acts of international terrorism and therefore are subject to sanctions restricting receipt of U.S. foreign assistance and other financial transactions.

Office of Foreign Assets Control Sanctions: This program will not fund projects in countries subject to comprehensive sanction programs administered by the U.S. Department of Treasury, Office of Foreign Asset Control without proper licenses.

In-Country Licenses, Permits, or Approvals: Entities conducting activities outside the U.S.

are responsible for coordinating with appropriate U.S. and foreign government authorities as necessary to obtain all required licenses, permits, or approvals before undertaking project activities. The Service does not assume responsibility for recipient compliance with the laws, regulations, policies, or procedures of the foreign country in which they are conducting work.

Excluded Parties:

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

D. Application and Submission Information D1. Address to Request Application Package Applicants can request paper application packages through the appropriate contact listed below in Section G. Federal Awarding Agency Contacts. Information on CESCF grants is also available from the Division of Budget & Technical Support, Ecological Services, U.S. Fish and Wildlife Service, 5275 Leesburg Pike, MS:ES Falls Church, VA 22041-3803, or electronically at https://www.fws.gov/program/cooperative-endangered-species-conservation-fund.

Program Website Link

D2. Content and Form of Application Submission SF-424, Application for Federal Assistance

All applicants must submit the Standard Form (SF)-424, Application for Federal Assistance. This form is available with the announcement on Grants.gov and in GrantSolutions. The form must be complete and signed by an Authorized Representative. For all applicants except individuals and commercial entities, the Authorized Representative’s signature on a standard application form submitted to the Service represents their certification that the entity’s financial management https://www.state.gov/j/ct/list/c14151.htm https://www.state.gov/j/ct/list/c14151.htm https://www.state.gov/j/ct/list/c14151.htm http://www.treasury.gov/resource-center/sanctions/Pages/default.aspx http://www.treasury.gov/resource-center/sanctions/Pages/default.aspx system meets 2 CFR §200.302 financial management requirements. The non-Federal entity’s financial management system must be sufficient to:

1. Permit the preparation of required reports;

2. Trace funds to a level of expenditures adequate to establish that the entity has used such funds per Federal statutes, regulations, and terms and conditions of the Federal award;

3. Provide for the requirements in 2 CFR §200.302(b); and

4. Comply with §200.334 Retention requirements for records, §200.335 Requests for transfer of records, §200.336 Methods for collection, transmission, and storage of information, and §200.337 Access to records.

If this application requests more than $100,000 in Federal funds, the Authorized Representative’s signature on or submission of the SF-424 form in GrantSolutions also represents their certification of the statements in 43 CFR Part 18, Appendix A-Certification Regarding Lobbying.

When completing the SF-424 Application form, enter only the amount requested from this Federal program in Box 18a, Estimated Federal Funding. Include any other Federal sources of funding in Box 18e. Estimated Other Funding and identify any such sources and amounts in the required Budget Narrative (see below). For individuals applying as a private citizen (i.e., unrelated to any business or nonprofit organization you may own or operate in your name), do NOT include your Social Security Number on this or any other document to be submitted with your application! When completing the SF-424 Application form, individuals must enter in Box 8b. Employee/Taxpayer Identification Number (EIN/TIN) the substitute number “444-44- 4444.” Individuals may register in SAM.gov but are not required to have a SAM.gov registration. For individuals without a SAM.gov registration enter in Box 8c. the substitute Unique Entity Identifier (UEI) “KA5HQCLKUVW1 “

SF-424D, Assurances for Construction Programs Any applicant requesting support for a construction projects must submit as signed and dated SF- 424D, Assurances for Construction Programs form. All required application forms are available with this announcement on Grants.gov and in GrantSolutions

Project Abstract Summary (OMB Number 4040-0019) Applicants must complete and submit the Project Abstract Summary form. The Project Abstract Summary form must provide a brief award description. The description must be in plain language that the public can understand without viewing the full application proposal. It should include a brief, simple description of the project purpose, activities to be performed, deliverables and expected outcomes, intended beneficiaries, and subrecipient activities, if known at the time of submission.

Do not include personally identifiable, sensitive, or proprietary information in the award description as this is available to the public. Use only English characters, numbers, punctuation, and standard symbols. Use of non-English, non-standard characters (also referred to as special or extended ASCII characters) will result in the award description failing to be reported correctly to USASpending.gov. Award descriptions are limited to 4,000 characters or less. Applicants should check the length of the award description and proofread for proper grammar and spelling.

For applicants applying through Grants.gov: Applicants must download and complete the Grants.gov “Project Abstract Summary” form from the full text announcement. To submit the Grants.gov “Project Abstract Summary” form with the application, applicants must add the form https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/section-200.302 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/section-200.302 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/subject-group-ECFR4acc10e7e3b676f/section-200.334 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/subject-group-ECFR4acc10e7e3b676f/section-200.335 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/subject-group-ECFR4acc10e7e3b676f/section-200.336 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/subject-group-ECFR4acc10e7e3b676f/section-200.337 as an attachment to the Grants.gov “Attachments” form that is included in the application package.

For applicants applying through GrantSolutions-Grants Management Module (GS- GMM): Applicants must enter the information in the Project Abstract Summary screen. Do not upload a document in place of entering the information directly into GS-GMM Project Abstract Screen.

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

The project narrative must contain each of the elements described below to prompt applicants to address relevant eligibility and evaluation criteria. Although not required, applicants may consider including response tables to summarize information as it relates to a specific criterion.

Descriptions of eligibility and evaluation criteria, as well as example response tables, are provided below and in Section E. Applicants may also consider alternate methods of identifying responses to evaluation criteria within the project narrative such as inserting “(Criterion 2)” or “(C2)” at the end of the sentence or paragraph containing the information necessary to evaluate the project under criterion 2. Narratives that clearly address all criteria in an organized manner will facilitate application review and scoring.

Project Title

Description of entity(ies) undertaking the project

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

Statement of Need

The statement of need identifies the conservation issue or opportunity addressed by the project in relation to the purposes of the RLA program. The statement of need should identify listed species that will benefit from each proposed acquisition, addressing all stated eligibility criteria.

Describe the need for the project as a strategy for implementing the species’ most recently approved recovery planning document (criterion 1).

Example Optional Response Table to Address Species Eligibility

Species Recovery Planning Document

Identified Threat, citation Recovery Action, citation

Yreka phlox

Recovery Plan for Phlox hirsuta (Yreka Phlox).

2006.

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

1.2 “Protect and Secure the Soap Creek Ridge, Cracker Gulch, and Jackson Street Occurrences.” Pg. 53.

Bog turtle

Bog Turtle (Clemmys muhlenbergii), Northern Population Recovery Plan. 2001.

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

Pg. 19.

2.3. Protect bog turtle sites

through purchase and conservation measures (Priority 1)

Purpose

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

Objectives

Objectives reference specific outcomes to be accomplished during the project period pursuant to the stated need. For example, acquiring real property interest (fee title) in 200 acres by December 20, 2022. Objectives should be specific, measurable, attainable within the period of performance, realistic, and time-bound. The requested PoP will be considered under evaluation criterion 6.

Methods/Approach

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

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

(criterion 2)

Anticipated Outcomes/ Expected Benefits

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

Project Timetable

The project timetable describes significant milestones in successfully completing the project and should clearly demonstrate how the project is likely to be accomplished within the requested period of performance. Timetables will be used to assess project readiness (criterion 6). Applicants must include a statement acknowledging an understanding that the Service will not consider period of performance extensions for projects that receive additional consideration under this criterion. Include a brief description of any due diligence completed to date. In the absence of a willing seller letter, describe current negotiations regarding the potential sale of the property to assess the likelihood of project success.

Project Location/ Maps

Describe where the acquisition will occur in relation to existing conservation areas (criterion 4).

Attach maps to assist reviewers in evaluating habitat connectivity. Photographs that characterize the existing state of the project area (criterion 2) are recommended, although not required.

Information to support environmental compliance review requirements

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

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

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

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

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

Willing Seller Letters (if applicable)

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

SF-424C, Budget Information for Construction Program Applicants must submit the appropriate SF-424C Budget Information form for Construction Programs or Projects. All required application forms are available with this announcement on Grants.gov and in GrantSolutions. Federal award recipients and subrecipients are subject to Federal award cost principles in 2 CFR 200. Applicants must show funds requested from this Federal program separately from any other Federal sources of funding. Identify any other Federal funding sources and amounts in the required Budget Narrative (see below).

SF-429 Request to Acquire, Improve, or Furnish Real Property Applicants seeking approval to acquire real property under an award must complete and submit the SF-429, “Real Property Status Report (Cover Page)” and the SF-429-B, “Real Property Status Report Attachment B (Request to Acquire, Improve, or Furnish)”. These forms are required if the real property is acquired with Federal funds, with recipient cost share or matching funds, or as an in-kind contribution under the award. The SF-429 forms are not available with this announcement on Grants.gov; they are available on the Grants.gov Post-Award Reporting Forms page. Please submit these completed forms as attachments to your application.

Budget Narrative Applicants must include a budget narrative that describes and justifies requested budget items and costs. In your budget narrative, describe how the SF-424 Budget Information, “Object Class https://www.grants.gov/web/grants/forms/post-award-reporting-forms.html

Category” totals were determined. For personnel salary costs, generally describe how estimates were determined by identifying what type of staff will support the project and how much time they will contribute to the project (in hours or workdays). Describe any proposed items of cost that require prior approval under the Federal award cost principles, including any anticipated subawarding, transferring, or contracting out of any work under the award. If equipment previously purchased with Federal funds is available for the project, provide a list of that equipment and identify the Federal funding source. Identify any third-party cash or in-kind contributions that a partner or other entity will contribute to the project and describe how the contributions directly and substantively benefit completion of the project. For in-kind contributions, identify the source, the amount, and the valuation methodology used to determine the total value. See 2 CFR §200.306 for more information.

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

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

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

a. Applicability.

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

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

b. Notification.

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

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

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

USC §1352.

https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200#200.407 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200#200.407 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200#subpart-E https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/section-200.306 https://ecfr.federalregister.gov/current/title-2/subtitle-B/chapter-XIV/part-1402/subpart-B https://www.ecfr.gov/current/title-2/subtitle-B/chapter-XIV/part-1402/subpart-B/section-1402.112 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/subject-group-ECFR45ddd4419ad436d/section-200.318 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/subject-group-ECFR45ddd4419ad436d/section-200.318 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-B/section-200.112 https://www.ecfr.gov/current/title-43/subtitle-A/part-18 https://www.govinfo.gov/content/pkg/USCODE-2019-title31/pdf/USCODE-2019-title31-subtitleII-chap13-subchapIII-sec1352.pdf https://www.govinfo.gov/content/pkg/USCODE-2019-title31/pdf/USCODE-2019-title31-subtitleII-chap13-subchapIII-sec1352.pdf

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

Enforcement. Failure to resolve conflicts of interest in a manner that satisfies the government may be cause for termination of the award. Failure to make required disclosures may result in any of the remedies described in 2 CFR §200.339, Remedies for noncompliance, including suspension or debarment (see also 2 CFR §180).

Uniform Audit Reporting Statement All U.S. states, local governments, Indian tribes, institutions of higher education, and non- profit organizations expending $750,000 USD or more in Federal award funds in the applicant’s fiscal year must submit a Single Audit report for that year through the Federal Audit Clearinghouse’s Internet Data Entry System, in accordance with 2 CFR 200 subpart F. U.S. state, local government, Indian tribes, institutions of higher education, and non- profit applicants must state if your organization was or was not required to submit a Single Audit report for the most recently closed fiscal year. If your organization was required to submit a Single Audit report for the most recently closed fiscal year, provide the EIN associated with that report and state if it is available through the Federal Audit Clearinghouse website.

Certification Regarding Lobbying Applicants requesting more than $100,000 in Federal funding must certify to the statements in 43CFR 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.

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” form if the Federal share of the proposal or award is more than $100,000 and the applicant or recipient has made or has agreed to make any payment using non-appropriated funds for lobbying in connection with the application or award. The SF-LLL form is available with this Funding Opportunity on Grants.gov. See 43 CFR, Subpart 18.100 for more information on when additional submission of this form is required.

Overlap or Duplication of Effort Statement Applicants must provide a statement indicating if there is any overlap between this Federal application and any other Federal application, or funded project, in regard 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 regard to activities, costs, or time commitment of key personnel”. If any such overlap exists, provide a complete description of overlaps or duplications between this https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/subject-group-ECFR86b76dde0e1e9dc/section-200.339 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-I/part-180 https://harvester.census.gov/facides/Account/Login.aspx https://harvester.census.gov/facides/Account/Login.aspx https://harvester.census.gov/facdissem/Main.aspx https://www.ecfr.gov/current/title-43/subtitle-A/part-18 https://www.ecfr.gov/current/title-43/subtitle-A/part-18 https://www.grants.gov/web/grants/forms/post-award-reporting-forms.html proposal and any other federally funded project or application in regard to activities, costs, and time commitment of key personnel, as applicable. Provide a copy of any overlapping or duplicative proposal submitted to any other potential funding entity and identify when that proposal was submitted, to whom (entity name and program), and when you anticipate being notified of their funding decision. When overlap exists, your statement must end with “We understand that if at any time we receive funding from another source that is duplicative of the funding we are requesting from the U.S. Fish and Wildlife Service in this application, we will immediately notify the U.S. Fish and Wildlife Service point of contact identified in this Funding Opportunity in writing.”

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

This requirement does not apply to individuals applying for funds as an individual (i.e., unrelated to any business or nonprofit organization you may own, operate, or work within), or any entity with an exception to bypass SAM.gov registration with prior approval from the funding bureau or office in accordance with bureau or office policy. All other applicants are required to register as a financial assistance recipient in SAM.gov prior to submitting a Federal award application and obtain a Unique Entity Identifier (UEI) which replaced the Data Universal Numbering System (DUNS) number from Dun & Bradstreet in April 2022. A Federal award may not be made to an applicant that has not completed the SAM.gov registration. If an applicant selected for funding has not completed their SAM.gov registration by the time the program is ready to make an award, the program may determine the applicant is not qualified to receive an award. Federal award recipients must also continue to maintain an active SAM.gov registration with current information through the life of their Federal award(s). Entities already registered in SAM.gov should review their registration to confirm that they are registered as a financial assistance recipient, which requires completion of the SAM.gov “Financial Assistance General Certifications and Representations”. See the “Submission Requirements” section of this document below for more information on SAM.gov registration.

Applicants can register on the SAM.gov website. The “Help” tab on the website contains User Guides and other information to assist you with registration. The Grants.gov “Register with SAM” page also provides detailed instructions. Applicants can 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 made to the entity’s IRS information. If applicable, foreign entities who want to receive payment directly to a U.S. bank account must enter and maintain valid, current banking information in SAM.

D4. Submission Dates and Times Due Date for Applications 04/26/2022 Application Due Date Explanation https://www.gsa.gov/about-us/organization/federal-acquisition-service/office-of-systems-management/integrated-award-environment-iae/iae-systems-information-kit/unique-entity-identifier-update http://www.sam.gov https://www.grants.gov/help/html/help/Register/RegisterWithSAM.htm https://www.grants.gov/help/html/help/Register/RegisterWithSAM.htm

Electonically submitted applications must be submitted no later than 11:59 PM, ET, on the listed application due date.

This program requires the submission of applications online through GrantSolutions.gov as applicants will receive an acknowledgement of application receipt. GrantSolutions automatically generates an electronic date and time stamp in the system upon application receipt. Applicants are encouraged to verify the completeness of their application package before submission using the checklist provided below.

APPLICATION CHECKLIST

SF-424, Application for Federal Assistance SF-424D, Assurances Project Abstract Summary Form Project Narrative Maps Willing seller letters (when applicable) SF-424C, Budget Information SF-429 and SF-429-B, Request to Acquire, Improve, or Furnish Real Property Budget Narrative Indirect Cost Statement and related documentation Conflict of Interest Disclosure (when applicable) Single Audit Reporting Statement Certification Regarding Lobbying & SF-LLL, Disclosure of Lobbying Activities(when applicable) Overlap or Duplication of Effort Statement

D5. Intergovernmental Review An intergovernmental review may be required for applications submissions from a U.S. state or local government prior to submission. Applicants must contact their State’s Single Point of Contact (SPOC) to comply with the state’s process under Executive Order 12372. The State Single Point of Contact list is available on the OMB Office of Federal Financial Management website.

D6. Funding Restrictions Indirect Costs: Individuals Individuals applying for and receiving funds separate from a business or non-profit organization they may operate are not eligible to charge indirect costs to their award. If you are an individual applying for funding, you must not include any indirect costs in your proposed budget.

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 https://www.archives.gov/federal-register/codification/executive-order/12372.html https://www.whitehouse.gov/omb/management/office-federal-financial-management/ https://www.whitehouse.gov/omb/management/office-federal-financial-management/

House Office of Management and Budget (OMB). If the Department of the Interior (DOI) is your organization’s cognizant agency, the Interior Business Center (IBC) will negotiate your indirect cost rate. Contact the IBC 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 may not shift unallowable indirect costs to another Federal award unless specifically authorized to do so by legislation.

Required Indirect Cost Statement to be submitted by Organization:

U.S. state or local government entities receiving more than $35 million in direct Federal funding must include the following statement in their application and attach a copy of their most recently negotiated rate agreement:

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

U.S. state or local government entities receiving $35 million or less in direct Federal funding must include the applicable statement from this list:

We are a U.S. state or local government entity receiving $35 million or less in direct Federal funding. We prepare and retain for audit an indirect cost rate proposal and documentation per 2 CFR 200, Appendix VII. Our current indirect cost rate is [insert rate], which is charged against [insert a complete description of the direct cost base used to distribute indirect costs to the award].

We are a U.S. state or local government entity receiving $35 million or less in direct Federal funding. We have not prepared an indirect cost rate proposal and documentation per 2 CFR §200, Appendix VII and elect to charge the de minimis rate of 10% of Modified Total Direct Costs as defined in 2 CFR §200.1. We understand we must use this methodology consistently for all Federal awards until we choose to establish a rate per 2 CFR §200. We understand we must notify the Service in writing if we establish a rate that changes the methodology used to charge indirect costs 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.

All other organizations must include the applicable statement from this list and any related documentation in their application. Please note, an organization with a current negotiated (including provisional) rate may not elect to charge the 10% de minimis rate of Modified Total Direct Costs during the period covered by their current negotiated rate.

We are an organization with a current negotiated indirect cost rate. In the event we receive an award, we will charge indirect costs per our current negotiated rate agreement.

Attached is a copy of our current rate agreement.

https://ibc.doi.gov/ICS/contact-us https://ibc.doi.gov/ICS/contact-us https://ibc.doi.gov/ICS/icrna

We are an organization with a negotiated indirect cost rate that has expired. Attached is copy of our most recently negotiated rate agreement. 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. We understand we must provide the Service a copy of our approved rate agreement before charging indirect costs to the Federal award.

We are an organization that has never negotiated an indirect cost rate with our cognizant agency. Our indirect cost rate is [insert rate], which is charged against [insert a complete description of the direct cost base used to distribute indirect costs to the award]. 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. We understand we must provide the Service a copy of our approved rate agreement before charging indirect costs to the Federal award.

We are an organization that does not have a current negotiated (including provisional) rate. In the event an award is made, we elect to charge the de minimis rate of 10% of Modified Total Direct Costs as defined in 2 CFR §200.1. We understand we must use this methodology consistently for all Federal awards until such time as we negotiate a different rate with our cognizant agency. We understand that we must notify the Service in writing if during the award period we establish a rate that changes the methodology used to charge indirect costs to the award. We understand that additional Federal funds may not be available to support an unexpected increase in indirect costs and that such changes are subject to review, negotiation, and prior approval by the Service.

We are an organization submitting a [insert either “Cooperative Fish and Wildlife Research Unit Program” or “Cooperative Ecosystem Studies Unit Network”] project proposal, which has an indirect…