BNWK_WeberRestoration_NOFO_3-27-19.pdf

Love Canal, 102nd Street and Forest Glen Mobile Home Subdivision Natural Resource Damage Assessment and Restoration Settlement

Notice of Funding Opportunity Number: F19AS00171

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

Catalog of Federal Domestic Assistance (CFDA) Number: 15.658 Natural Resource Damage Assessment, Restoration, and Implementation (NRDAR).

Authorizing Legislation: Federal Water Pollution Control Act, 33 U.S.C §§1251‐1387; Oil Pollution Act, 33 U.S.C. §2701 et seq.; Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C §9601, et seq.; and Fish and Wildlife Act, 16 U.S.C §742 et seq.

Paperwork Reduction Act Statement: We are collecting this information in accordance with the authorizing legislation identified above. Your response is required to obtain or retain a benefit. We will use the information you provide to conduct a competitive review and select projects for funding and, if awarded, to evaluate performance. We may not conduct or sponsor and you are not required to respond to a collection of information unless it displays a currently valid Office of Management and Budget (OMB) control number. We estimate that it will take you on average about 40 hours to complete an initial application, about 3 hours to revise the terms of an award, and about 8 hours per report to prepare and submit financial and performance reports, including time to maintain records and gather information. Actual time for these activities will vary depending on program-specific requirements. You may send comments on the burden estimate or any other aspect of this information collection to the Information Collection Clearance Officer, U.S. Fish and Wildlife Service, MS BPHC, 5275 Leesburg Pike, Falls Church, VA 22041-3803.

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

I. Program Description The U.S. Fish and Wildlife Service’s (Service) Natural Resource Damage Assessment and Restoration (NRDAR) Program’s purpose is to restore natural resources and their services that have been injured by an oil discharge or hazardous substance release for the benefit of the American people. This is a notice of intent to award to a single source. There is no full announcement associated with this notice and this is not a request for competitive proposals.

During the period of March 1996 through December 2000, natural resource damage settlements were achieved for the Love Canal, 102nd Street, and Forest Glen Mobile Home Subdivision Superfund Sites, all located within the City of Niagara Falls, Niagara County, New York. The three Superfund Sites adversely affected fish and wildlife resources in Erie and Niagara Counties, New York, and potentially affected resources downstream in Lake Ontario and the St. Lawrence River. All settlements were sought as compensation for impacts to natural resources as a result of contamination or subsequent remedial activities at the Sites. Such monies recovered by Trustees must be used to restore, replace, or acquire natural resources or services equivalent to those lost (42 U.S.C. 9607(f)(1)).

The natural resource damage settlements for the three Superfund Sites resulted in approximately $1,340,000 available for restoration projects (see 2005 Restoration Plan for detailed information, http://www.fws.gov/northeast/nyfo/ec/nrda.htm). As a result of projects not completed, projects completed under budget, and accrued interest on remaining funds, there is $470,000 available for additional restoration projects. In November of 2015, the Trustees solicited additional restoration project proposals from the following agencies or organizations:

City of Niagara Falls

Erie County

Buffalo/Niagara Riverkeeper

Western New York (WNY) Land Conservancy

New York State Parks

The Trustees requested information on projects that restore or acquire/protect habitat or enhance recreational or other human use of Niagara River/Buffalo River natural resources. Pursuant to the original 2005 Restoration Plan, the Trustees determined that projects would be evaluated based on how the project provides restoration for resources that were injured (fish, birds, wetlands, grasslands, riparian habitat), proximity to resources that were injured at the above three Sites, cost effectiveness, likelihood of success, and extent to which the project enhances public use of natural resources.

According to the guidance provided by the Federal Natural Resource Damage Assessment and Restoration (NRDAR) regulations (43 CFR § 11.82(d)), the selected alternative is to be feasible, safe, cost-effective, address injured natural resources, consider actual and anticipated conditions, have a reasonable likelihood of success, and be consistent with applicable laws and policies. Pursuant to the original 2005 Restoration Plan, we determined that projects would be evaluated based on how the project provides restoration for resources that were injured (fish, birds, wetlands, grasslands, riparian habitat), proximity to resources that were injured at the above three Sites, cost effectiveness, likelihood of success, and extent to which the project enhances public use of natural resources.

The Trustees selected the following projects (Table 1) as the preferred alternative and published the proposed project selection, soliciting comments, in a Draft Restoration Plan Addendum on March 14, 2016. No comments were received and the Final Restoration Plan Addendum was dated April, 2016.

Table 1. Preferred Alternative

Project Project Proponent Cost

Seneca Bluffs Acquisition Erie County $ 325,000

Weber Property Restoration Buffalo Niagara Riverkeeper $ 100,000

Artpark Fishing Dock & Gangway New York State Parks $ 45,000

This notice serves as documentation of that review process. This is an announcement for issuing a single source financial assistance award to Buffalo Niagara Waterkeeper (Buffalo Niagara Riverkeeper transitioned into Buffalo Niagara Waterkeeper in 2017) for the project “Weber Property Restoration”.

Buffalo Niagara Waterkeeper will restore Cayuga Creek by reconnecting it to its floodplain on the Weber property in the Town of Niagara, Niagara County, creating habitat diversity, and conducting invasive species control.

Department of Interior’s Secretarial Priorities:

The Secretary of the Department of Interior (DOI) developed a list of ten priorities to support both the public purpose and Service and DOI missions listed below.

1) Creating a conservation stewardship legacy second only to Teddy Roosevelt

2) Utilizing our natural resources

3) Restoring trust with our local communities

4) Ensuring sovereignty means something

5) Generating additional revenues to support DOI’s and National interests

6) Protecting our people and the border

7) Striking a regulatory balance

8) Modernizing our infrastructure

9) Reorganizing for the next 100 years

10) Achieving our goals and leading our team forward

The overall goal of the NRDAR Program and this funding opportunity is to restore, rehabilitate, replace, and/or acquire the equivalent of natural resources and resource services injured by the release of hazardous substances to the natural resources at and surrounding the Love Canal, 102nd Street, and Forest Glen Mobile Home Subdivision Superfund Sites.

Secretarial priorities numbers 1, 2, 3, 4, and 10 most closely align with the scope of work being completed with the intended project identified within this Notice of Funding Opportunity.

1. Creating a conservation stewardship legacy second only to Teddy Roosevelt The NRDAR Program protects and restores land for the benefit of the American people and provides increased recreational opportunities including hunting and fishing; NRDAR is able to achieve this by working closely with local conservation organizations. All projects are vetted through a Technical Team that evaluates projects based on the best available science and management practices.

2. Utilizing our natural resources The NRDAR Program focuses on compensating the public for their lost or diminished use of natural resources, such as their inability to catch and eat clean fish due to fish consumption advisories. The NRDAR Program focuses on funding projects that provide access to fisheries resources as well as projects that are open to the public for other recreational opportunities.

3. Restoring trust with local communities The NRDAR Program utilizes a ‘hands on restoration’ technique where we establish and maintain lasting and positive relationships with local conservation organizations, NGOs, municipalities, state natural resource agencies, Nations, and local communities.

4. Ensuring sovereignty means something The Niagara River is a significant cultural site for the Haudenosaunee. Haudenosaunee (“People of the Longhouse”), also known as the Iroquois Confederacy, is comprised of the Mohawk, Oneida, Onondaga, Cayuga, Seneca, and Tuscarora Nations. The NRDAR Program prioritizes projects that provide cultural benefits and community services to the Nations.

10. Achieving our goals and leading our team forward The Weber Property Restoration project is part of a suite of restoration projects selected to achieve the goals of NRDAR Program and the 2016 Final Restoration Plan Addendum.

II. Federal Award Information The Trustees solicited project proposals that restore or acquire/protect habitat or enhance recreational or other human use of Niagara River/Buffalo River natural resources. Pursuant to the original 2005 Restoration Plan, the Trustees determined that projects would be evaluated based on how the project provides restoration for resources that were injured (fish, birds, wetlands, grasslands, riparian habitat), proximity to resources that were injured at the above three Sites, cost effectiveness, likelihood of success, and extent to which the project enhances public use of natural resources.

The Service Region 5 intends to make a sole source award of a cooperative agreement to Buffalo Niagara Waterkeeper (Waterkeeper) in the amount of $100,000. The total estimated project period for the NRDAR Program funds is spring 2019 through December 31, 2023 and project activities include planning, design, and implementation of habitat restoration on the Weber property.

The Service will be substantially involved in the project under this funding opportunity. In particular, the Service will be responsible for: l) providing up to a total of $100,000 to the recipient to complete the activities, 2) working with the recipient in development of project actions to meet goals and objectives of the 2016 Final Restoration Plan Addendum, 3) providing guidance and technical assistance in the development of the stream restoration designs and plans, to develop specific plans and identify potential concerns, 4) providing technical assistance to the recipient to complete regulatory permitting/environmental compliance, 4) reviewing and approving proposed modification to scope of work and budget, and 5) halting an activity if detailed performance specifications are not met.

III. Eligibility Information Eligible Applicants

This is a notice of intent to award to single source. All potential applicants were eligible.

Cost Sharing or Matching The Love Canal, 102nd Street and Forest Glen Mobile Home Subdivision NRDAR Trustees do not require matching funds, although the Trustees strive to achieve a 1:1 cost share on selected projects.

Other Eligibility Criteria Projects that utilize NRDAR funding must focus on actions to restore, rehabilitate, replace, and/or acquire the equivalent of natural resources and resource services injured by the release of hazardous substances to the natural resources at and surrounding the Love Canal, 102nd Street, and Forest Glen Mobile Home Subdivision Superfund Sites.

Unique Entity Identifier and System for Award Management (SAM.gov) Registration: This requirement does not apply to individuals applying for funds as a private citizen (i.e., unrelated to any business or nonprofit organization you may own or operate in your name) or any entity with an exception approved by the Service under 2 CFR 25.110(d). All other applicants are required to obtain a Data Universal Numbering System (DUNS) number from Dun & Bradstreet and then register in SAM.gov prior to submitting a Federal award application. Federal award recipients must continue to maintain an active SAM.gov registration with current information through the life of their Federal award(s). See the “Submission Requirements” section of this document below for more information on SAM.gov registration. The Service may not make a Federal award to an applicant that has not https://www.ecfr.gov/cgi-bin/text-idx?SID=66668a4d924572f2b7b5feaf237a6ea0&mc=true&node=pt2.1.25&rgn=div5 completed the SAM.gov registration. If an applicant selected for funding has not completed their SAM.gov registration by the time the Service is ready to make an award, the program may determine that the applicant is not qualified to receive an award. The program can use that determination as a basis for making an award to another applicant.

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

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

IV. Application Requirements Requesting Paper Application Package

This is a notice of intent to award to single source and is not a request for applications. This notice serves as documentation of the NRDAR Program review process, the 2005 Final Restoration Plan, and the 2016 Final Restoration Plan Addendum.

Application Form and Content Requirements Applicants must submit the following:

1. SF-424, Application for Federal Assistance Applicants must submit the appropriate Standard Form (SF)-424, Application for Federal Assistance. Individuals applying as a private citizen (i.e., unrelated to any business or nonprofit organization you may own or operate in your name), must complete the SF-424, Application for Federal Assistance-Individual form. All other applicants must complete the standard SF-424, Application for Federal Assistance. All of the required application forms are available on the “Packages” tab of this Funding Opportunity on Grants.gov. The SF-424, Application for Federal Assistance must be complete, and signed and dated. Please note: Enter only the amount requested from this Federal program in the “Federal” funding box on the SF-424 Application form. Include any other Federal sources of funding in the “Other” box, and provide details on those Federal source(s) and funding amount(s) in the required Budget Narrative (see the “Budget Narrative” section below).

2. SF 424, Assurances Applicants must submit the appropriate signed and dated Assurances form. Complete either the SF-424B, Assurances for Non-Construction Programs or the SF-424D, Assurances for Construction Programs, as applicable to your project. All of the required application forms are available on the “Packages” tab of this Funding Opportunity on Grants.gov. The SF-424 Assurances forms include a statement that some of the assurances may not be applicable to https://www.congress.gov/113/plaws/publ235/PLAW-113publ235.pdf https://www.congress.gov/113/plaws/publ235/PLAW-113publ235.pdf https://www.grants.gov/web/grants/forms/sf-424-individual-family.html https://www.grants.gov/web/grants/forms/sf-424-individual-family.html https://www.grants.gov/web/grants/forms/sf-424-family.html https://www.grants.gov/web/grants/forms/sf-424-family.html https://www.grants.gov/web/grants/forms/sf-424-family.html https://www.grants.gov/web/grants/forms/sf-424-family.html https://www.grants.gov/web/grants/forms/sf-424-family.html your organization and/or your project or program. Signing the required SF-424 Assurances form does not make you or your organization subject to laws that are otherwise not applicable to you or your organization. Changing, crossing out, or making notations on the form before signing has no impact on the applicability of law.

3. Project Narrative Project Summary: Waterkeeper will complete a habitat restoration project to improve habitat and water quality through restoration of Cayuga Creek, creating habitat diversity, and conducting invasive species control on the Weber property in the Town of Niagara. The overall project also includes recreational and educational outreach components, utilizing additional funding sources, therefore the overall project will have benefit to water quality, wildlife habitat, recreation, and outreach.

Statement of need: The Trustees solicited project proposals that restore or acquire/protect habitat or enhance recreational or other human use of Niagara River/Buffalo River natural resources. Pursuant to the original 2005 Restoration Plan. The Trustees determined that projects would be evaluated based on how the project provides restoration for resources that were injured (fish, birds, wetlands, grasslands, riparian habitat), proximity to resources that were injured at the above three Sites, cost effectiveness, likelihood of success, and extent to which the project enhances public use of natural resources.

Goals and objectives: The long-term goal of projects funded by the Love Canal, 102nd Street and Forest Glen Mobile Home Subdivision Natural Resource Damage Assessment and Restoration Settlement is to restore or acquire, protect habitat or enhance recreational or other human use of Niagara River/Buffalo River natural resources that were injured (fish, birds, wetlands, grasslands, riparian habitat). The objective of this agreement is to improve habitat and water quality through restoration of Cayuga Creek, creating habitat diversity, and conducting invasive species control on the Weber property in the Town of Niagara. Activities;

Timetable and Methods: Waterkeeper will start work upon signature of the award. The project will be implemented by incremental Objectives with identified Tasks and Performance Measures, as provided in the Work Plan. The project is estimated to be complete by December 31, 2023.

Information to support environmental compliance review requirements: Waterkeeper will ensure that all necessary permits and approvals will be obtained prior to securing a construction contractor.

Description of stakeholder coordination or involvement: Through matching funds from New York State Department of Environmental Conservation (NYSDEC) and New York Power Authority (NYPA) settlement funds (part of the FERC relicensing process), Waterkeeper will lead design, construction coordination, and public outreach efforts (Objectives 2-4), on behalf of the Town of Niagara and with input from project partners. All necessary permits and approvals will be obtained prior to securing a construction contractor. Contractors will be secured through an open request for proposal (RFP) process that Waterkeeper will coordinate. Waterkeeper will work with the project partners to host a series of public meetings. After construction is complete Waterkeeper will complete a one-year period of establishment (POE) before closing out the project.

The Town of Niagara will work with Waterkeeper, the Service, the design consultant (Barton and Loguidice), and construction contractor (TBD) to reconnect nearly 1,500 feet of channelized stream, that runs through the property, to its historic channel and floodplain. The construction work will also include invasive species control, enhancement of existing forested and wetland habitat, creation of vernal pools, and establishment of a functional buffer along the stream corridor. Substantial completion of all construction elements (specifically Objective 6, Task 1-5 of the Work Plan) will be completed the NRDAR settlement funds and NYSDEC Environmental Protection Fund matching funds.

Required project monitoring and evaluation plan: Project design will be based on modeling and engineering efforts and will show a measurable reduction in flood risk and increased storage capacity. Throughout construction, field observation staff and technical design support will monitor the installation of restoration features/plantings to ensure they are installed per design specs. Monthly SWPPP inspections and monitoring will be done. Monitoring will focus on the establishment of vegetation, stability of constructed features, water quality indicators, and efficacy of the project to capture and store flood waters.

Information on key project personnel: Waterkeeper will manage and oversee implementation of this project. Barton and Loguidice is the design consultant and Waterkeeper will utilize a competitive bid process to solicit proposals from construction contractors. Project partners include the Town of Niagara, the Service, NYPA, and NYSDEC.

Map of the project location: Map below shows project location within the Town of Niagara, NY.

4. SF-424, Budget Information

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

Please note: Show funds requested from this Federal program separately from any other Federal sources of funding. In the “Budget Summary” section, use the first row for funding requested from this Federal program. Use subsequent row(s) for other Federal funding. Enter each Federal program’s CFDA number(s) in the corresponding fields on the form. The CFDA number(s) for this Federal program appears on the first page of this Funding Opportunity.

5. Budget Narrative Describe and justify requested budget items and costs. Detail how the SF-424 Budget Information, Object Class Category totals were determined. For personnel salary costs, include the baseline salary figures and the estimates of time. Describe any item of cost that requires prior approval under the Federal cost principles. See 2 CFR 200.407 “Prior written approval (prior approval)” for more information. If equipment purchased previously with Federal funds is available for the project, provide a list of that equipment and identify the Federal funding source.

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

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

Organizations must have an active Federal award before they can submit an indirect cost rate proposal to their cognizant agency. Failure to establish an approved rate during the award period renders all costs otherwise allocable as indirect costs unallowable under the award.

Recipients must have prior written approval from the Service to use amounts budgeted for direct costs to satisfy cost-share or match requirements or to cover unallowable indirect costs.

Recipients shall not shift unallowable indirect costs to another Federal award unless specifically authorized to do so by legislation.

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

We are:

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

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

□ A [insert your organization type; U.S. states and local governments, please use one of the statements above or below] that has previously negotiated or currently has an approved indirect cost rate with our cognizant agency. Our indirect cost rate is [insert rate]. [Insert either: “Attached is a copy of our most recently approved but expired rate agreement. In the event an award is made, we will submit an indirect cost rate proposal to our cognizant agency within 90 calendar days after the award is made.” or “Attached is a copy of our current negotiated indirect cost rate agreement.”]

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

□ A [insert your organization type] that has never submitted an indirect cost rate proposal to our cognizant agency and has an indirect cost rate that is lower than 10%. Our indirect cost rate is [insert rate; must be lower than 10%]. However, if we receive an award we will not be able to meet the requirement to submit an indirect cost rate proposal to our cognizant agency within 90 calendar days after award. We request as a condition of award to charge a flat indirect cost rate of [insert rate; must be lower than 10%] against [insert a clear description of the direct cost base against which your rate is charged (e.g., salaries; salaries and fringe benefits; or modified total direct costs). However, please note that your organization cannot charge indirect costs in excess of the indirect costs that would be recovered if applied against modified total direct costs as defined in 2 CFR 200.68]. We understand that we must notify the Service in writing if we establish an approved rate with our cognizant agency at any point during the award period.

□ A [insert your organization type] that has never submitted an indirect cost rate proposal to our cognizant agency and has an indirect cost rate that is 10% or higher. Our indirect cost rate is [insert your organization’s indirect rate; must be 10% or higher]. However, if we receive an award we will not be able to meet the requirement to submit an indirect cost rate proposal to our cognizant agency within 90 calendar days after award. We request as a condition of award to charge a flat de minimis indirect cost rate of 10% to be charged against modified total direct project costs as defined in 2 CFR 200.68. We understand that we must notify the Service in writing if we establish a negotiated rate with our cognizant agency at any point during the award period. We understand that additional Federal funds may not be available to support an unexpected increase in indirect costs during the project period and that such changes are subject to review, negotiation, and prior approval by the Service.

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□ A [insert your organization type] that is submitting this proposal for consideration under the [insert either “Cooperative Fish and Wildlife Research Unit Program” or “Cooperative Ecosystem Studies Unit Network”], which has a Department of the Interior-approved indirect cost rate cap of [insert program rate]. If we have an approved indirect cost rate with our cognizant agency, we understand that we must apply this reduced rate against the same direct cost base as identified in our approved indirect cost rate agreement. If we do not have an approved indirect cost rate with our cognizant agency, we understand that we must charge indirect costs against the modified total direct cost base defined in 2 CFR

200.68 “Modified Total Direct Cost (MTDC)”. We understand that we must request prior approval from the Service to use the 2 CFR 200 MTDC base instead of the base identified in our approved indirect cost rate agreement. We understand that Service approval of such a request will be based on: 1) a determination that our approved base is only a subset of the MTDC (such as salaries and wages); and 2) that use of the MTDC base will still result in a reduction of the total indirect costs to be charged to the award. In accordance with 2 CFR 200.405, we understand that indirect costs not recovered due to a voluntary reduction to our federally negotiated rate are not allowable for recovery via any other means.

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

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

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

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

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

Applicants may not solicit, obtain, or use non-public information that may be of competitive interest to the entity, including information regarding the funding opportunity, evaluation, award, or administration of an award to the entity. Applicants must notify the Service in writing in their application if any employees, including subrecipient and contractor personnel, are related to, married to, or have a close personal relationship with any Federal employee in the Federal program receiving this application or who otherwise may be involved in the review and selection of their proposal. The term employee means any individual to be engaged in the performance of work pursuant to the Federal award application. Applicants may not have a former Federal employee as a key project official, or in any other substantial role for the proposed project, whose participation puts them out of compliance with the legal authorities addressing post-Government employment restrictions. See the U.S. Office of Government Ethic’s website at https://oge.gov/ for more information on these restrictions. The Service will examine each conflict of interest disclosure based on its particular facts and the nature of the proposed project and will determine whether a significant potential conflict exists. If it does, the Service may work with the applicant determine an appropriate resolution. Failure to disclose and resolve conflicts of interest in a manner that satisfies the Service may result in the rejection or disqualification of the application.

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

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

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

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

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

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13. APPLICATION CHECKLIST

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

□ SF-424B or D, Assurances

□ Project Narrative

□ SF-424A or C, Budget Information

□ Budget Narrative

□ Indirect Cost Statement and related documentation (when applicable)

□ Conflict of Interest Disclosure (when applicable)

□ Single Audit Reporting Statement (when applicable)

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

□ Overlap or Duplication of Effort Statement Failure to provide complete information may cause delays, postponement, or rejection of the application.

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

These requirements do not apply to any individual applying for funds as a private citizen or any entity with an exception approved by the Federal awarding agency under 2 CFR 25.110(d). All other applicants are required to obtain a Data Universal Numbering System (DUNS) number from Dun & Bradstreet and provide that number in the application; complete SAM.gov registration before submitting an application; and continue to maintain an active SAM.gov registration with current information at all times when the entity has an active Federal award or application under consideration. There is NO COST to register with Dun & Bradstreet or SAM.gov. There are third-party vendors who will charge a fee in exchange for registering entities with Dun & Bradstreet and SAM.gov; please be aware you can register and request help for free.

1. Obtain a DUNS Number Request a DUNS Number through the Dun & Bradstreet website. The official website address is http://fedgov.dnb.com/webform. For technical difficulties, send an email to the D&B SAM Help Desk. Please ensure that you are able to receive emails from SAMHelp@dnb.com. The Grants.gov “Obtain a DUNS Number” webpage also provides detailed instructions. Once assigned a DUNS number, your organization must maintain up-to-date information with Dun & Bradstreet. Applicants must enter their DUNS number in the “Organizational DUNS” field on the SF-424, Application for Federal Assistance form.

2. Register with SAM Register on the SAM.gov website. The official website address is http://www.sam.gov. The “Help” tab on the website contains User Guides and other information to assist you with registration. The Grants.gov Register with SAM” webpage also provides detailed instructions.

You can also contact the supporting Federal Service Desk for help registering in SAM. Once registered in SAM, entities must renew and revalidate their SAM registration at least once every 12 months from the date previously registered. Entities are strongly encouraged to revalidate their registration as often as needed to ensure their information is up to date and reflects changes that may have been to the entity’s DUNS or IRS information. Foreign entities who want https://www.ecfr.gov/cgi-bin/text-idx?SID=66668a4d924572f2b7b5feaf237a6ea0&mc=true&node=pt2.1.25&rgn=div5 http://fedgov.dnb.com/webform mailto:%20SAMHelp@dnb.com mailto:%20SAMHelp@dnb.com https://www.grants.gov/web/grants/applicants/organization-registration/step-1-obtain-duns-number.html http://www.sam.gov/ https://www.grants.gov/web/grants/applicants/organization-registration/step-2-register-with-sam.html https://www.fsd.gov/ to receive payment directly to a U.S. bank account must enter and maintain valid, current banking information in SAM.

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

Intergovernmental Review Prior to application submission, U.S. state and local government applicants should visit the OMB Office of Federal Financial Management website and view the “State Point of Contact (SPOC) List” to determine whether their application is subject to the state intergovernmental review process under Executive Order (E.O.) 12372 “Intergovernmental Review of Federal Programs.” States not on the list do not participate in the intergovernmental review process, and therefore do not have a SPOC. If you are located within a State that does not have a SPOC, you may send application materials directly to a Federal awarding agency. If your state is on the list, contact the designated entity for more information on the state’s prior review requirements for Federal assistance applications.

Funding Restrictions If a proposed project did not comply with the Restoration Plan restoration categories, it was no longer considered. Projects were reviewed for compliance with restoring, replacing, enhancing, or protecting resources identified in the restoration categories on page 11 of the 2005 Final Restoration Plan (fish, birds, wetlands, grasslands, and riparian habitat).

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

Follow these steps to apply through Grants.gov.

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

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

When attaching files to the Grants.gov application, please do not assign file names longer than https://www.whitehouse.gov/omb/management/office-federal-financial-management/ https://www.whitehouse.gov/omb/management/office-federal-financial-management/ https://www.fws.gov/northeast/nyfo/ec/files/FINAL%20RESTORATION%20PLAN%20AND%20ENVIRONMENTAL%20ASSESSMENT%20FOR%20THE%20LOVE%20CANAL.pdf https://www.fws.gov/northeast/nyfo/ec/files/FINAL%20RESTORATION%20PLAN%20AND%20ENVIRONMENTAL%20ASSESSMENT%20FOR%20THE%20LOVE%20CANAL.pdf https://www.grants.gov/web/grants/applicants/registration.html https://www.grants.gov/web/grants/applicants/workspace-overview.html https://www.grants.gov/web/grants/applicants/workspace-overview.html

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

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

VI. Application Review Information Criteria

This is a notice of a single source financial assistance award. This announcement is for notification purposes only. This project was selected by the Trustees using the criteria outlined in the 2005 Final Restoration Plan, and the 2016 Final Restoration Plan Addendum

The Trustees established the following selection criteria to help evaluate proposals and ensure that they meet the objective to replace, restore, and/or acquire the equivalent natural resources of those that were injured by releases of contaminants from the three sites:

• Link to injured resources. The extent to which the alternative restores, replaces, or acquires the equivalent natural resources that were injured. Priority will be given to projects that most closely restore, replace, enhance, or protect resources identified in the restoration categories on page 11 of the 2005 Final Restoration Plan (fish, birds, wetlands, grasslands, and riparian habitat).

• Proximity to injured resources. Priority will be given to projects in Niagara County or Erie County, with the exception of the beluga whale project.

• Cost effectiveness. Priority will be given to projects that provide the greatest environmental benefit for the least cost in comparison to other proposed projects.

• Extent to which the restoration project will enhance the public’s ability to use, enjoy, or benefit from the natural resources.

• Extent to which the project is expected to be successful. Priority will be given to projects with identified objectives and methodologies, with sponsors that have experience in the restoration methodology, and assurances to provide long-term support and maintenance of the project once completed.

• Compliance with applicable Federal, State, Tribal, and local laws and policies.

• Extent to which the proposed project may be affected by actual or planned remedial or response actions. Proposed projects that are likely to be enhanced or augmented by remedial/response actions may be preferred for selection, whereas proposed projects that are likely to be adversely impacted by response/remedial actions may not be preferred.

• The natural recovery period. Projects to restore natural resources that will experience natural restoration within a reasonable period of time in the absence of active restoration efforts may not be preferred as part of this restoration planning effort.

• Ability of resources to recover with or without restoration project.

• Potential effects of the project on human health and safety.

• Potential for additional injury resulting from the proposed restoration activities.

https://www.fws.gov/northeast/nyfo/ec/files/FINAL%20RESTORATION%20PLAN%20AND%20ENVIRONMENTAL%20ASSESSMENT%20FOR%20THE%20LOVE%20CANAL.pdf https://www.fws.gov/northeast/nyfo/ec/files/FINAL%20RESTORATION%20PLAN%20AND%20ENVIRONMENTAL%20ASSESSMENT%20FOR%20THE%20LOVE%20CANAL.pdf https://www.fws.gov/northeast/nyfo/ec/files/Love%20Canal%20Draft%20RP_EA%20Addendumwebsite.pdf

Review and Selection Process Projects were initially reviewed for compliance with restoring, replacing, enhancing, or protecting resources identified in the restoration categories on page 11 of the 2005 Final Restoration Plan (fish, birds, wetlands, grasslands, and riparian habitat). All projects which remained after the initial screening were evaluated with regard to the five primary selection criteria noted above - link to injured resources, proximity to injured resources, cost-effectiveness, public value, and likelihood of success.

The Weber Property Restoration project restores habitat along Cayuga Creek, a stream that was directly impacted by discharges form the Love Canal and 102nd Street Superfund Sites. It will enhance habitat by reconnecting Cayuga Creek to its floodplain and restoring vernal pool and other habitat. It is consistent with the Niagara River Greenway Habitat Conservation strategy. Funding has already been received to conduct an environmental site assessment and complete the acquisition of the property, making the success of the project likely.

Prior to award, the Service will review any applicant statement regarding potential overlap or duplication between the project to be funded and any other funded or proposed project in terms of activities, funding, or time commitment of key personnel.