F20AS00032_Centralized_NOFO_NRDA_Fox RiverFY20.pdf

Fox River Natural Resource Damage Assessment

Notice of Funding Opportunity Number: F20AS00032

Federal Program: Department of the Interior, United States (U.S.) Fish and Wildlife Service, Ecological Services

Catalog of Federal Domestic Assistance (CFDA) Number: 15.658

Authorizing Legislation: Natural Resource Damage Assessment, Restoration and Implementation (NRDAR) 15.658 authorizing statutes related to this agreement include: Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C 9601, et seq. For a complete list of this program’s authorizing legislation, go to https://www.cfda.gov/ and search by the CFDA Program number.

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 Fox River/Green Bay Natural Resource Trustees restore natural resources injured by the release of polychlorinated biphenyls (PCBs) into the Lower Fox River and Green Bay, WI. The Trustees consist of the United States Department of the Interior (DOI), represented by the Fish and Wildlife Service (USFWS) and Bureau of Indian Affairs (BIA); the United States Department of Commerce, represented by the National Oceanic and Atmospheric Administration (NOAA); the State of Wisconsin, represented by the Wisconsin Department of Natural Resources (WDNR); the Oneida Tribe of Indians of Wisconsin; and the Menominee Indian Tribe of Wisconsin. The Trustees allocate funding, provided by settlement dollars from responsible parties, to restoration projects that fulfill the natural resource objectives of the 2003 Joint Restoration Plan and Environmental Assessment for The Lower Fox River and Green Bay Area and the 2016 Restoration Plan Update under the authority of the Comprehensive Environmental Response, Compensation and Liability Act. A copy of the Restoration Plan and Update can be found at foxrivernrda.org or provided by the agency contact by request.

*Applicants seeking technical or financial assistance from the NRDA Program are requested to consult with the Restoration Coordinator BEFORE developing or submitting an application (see Section VIII. Agency Contacts).*

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 NRDA Program and this funding opportunity is to restore, rehabilitate, replace, and/or acquire the equivalent of natural resources and resource services injured by PCBs released to the Lower Fox River and Green Bay.

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

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

The NRDA program protects and restores land for the benefit of the American people and provides increased recreational opportunities including hunting and fishing; NRDA 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 NRDA 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 NRDA 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 NRDA 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, Tribes, and local communities.

4. Ensuring sovereignty means something Two federally recognized Native American Tribes are Trustees in the Fox River NRDA. The NRDA program prioritizes projects that provide cultural benefits and community services to the Tribes.

It is important that the Tribes are able to catch and eat clean fish within their reservation boundaries to maintain sovereignty and cultural enhancement.

II. Federal Award Information The Lower Fox River/Green Bay NRDA is not a conventional grants program, in that it does not solicit for projects through a formal request for proposals on Grants.gov; instead, project idea forms are developed strategically in coordination with the Trustee Council. Projects that are funded through the NRDA program must be within the PCB affected area and must replace, restore, or acquire the equivalent of natural resources injured by the release of PCBs. Each of the Trustee organizations has representation on the review panel for these projects, and the projects undergo a selection process based on the criteria outlined in Section VI. Following the review process, if a project is selected a grant will be awarded. The Service will also award single source grant agreements based on the criteria outlined in Section VI without competition under justification 505DM 2.14.B.4 as appropriate. This award will utilize grants and cooperative agreements; in the situation where a cooperative agreement is awarded the Service will be substantially involved in the project. In particular, the Service will be responsible for the following: providing technical expertise on the project concept with the project manager from the inception and throughout project development, reviewing and approving stages of work before the next stage can begin, reviewing and approving proposed modifications or sub-awards, and will help to direct/redirect work as a result of interrelationships with other projects.

Applicants seeking funding under this program should review the requirements and selection criteria, found in the 2003 Joint Restoration Plan and Environmental Assessment for The Lower Fox River and Green Bay Area and the 2016 Restoration Plan Update. If you feel you have a project that aligns with the goals and objectives of the NRDA program, please contact the restoration coordinator to discuss your project concept prior to submitting an application for funding.

The Trustees estimate around $3M will be allocated to support restoration projects each year. The amount of projects funded and the amount given to individual projects will vary based on the number and merit of projects submitted and the scale and scope of benefits the projects will provide. The period of performance will be determined on a project-by-project basis based on the nature of the work being done. Past and present recipients of awards under this program are eligible, but must re-submit for each new project to be considered through the evaluation process.

III. Eligibility Information

Eligible Applicants There is no application process through Grants.gov for this funding opportunity. Interested and eligible applicants must provide project concepts to the restoration coordinator in order to be vetted through the Trustee selection process.

Eligible applicants include state, county, city, village, or township governments, special district governments, public and State controlled institutions of higher education, private institutions of higher education, Native American tribal governments and organizations, nonprofit organizations, for profit organizations, and small businesses.

U.S. non-profit, non-governmental organizations with 501(c) (3) Internal Revenue Status (IRS) must provide a copy of their Section 501(c)(3) status determination letter received from the IRS.

Federal law mandates that all entities applying for Federal financial assistance must have a valid Dun & Bradstreet Data Universal Number System (DUNS) number and have a current registration in the System for Award Management (SAM). See Title 2 of the Code of Federal Regulations (CFR), Part 25 http://www.foxrivernrda.org/wp-content/uploads/2016/07/2016-Update-to-the-Restoration-Plan-and-Environmental-Assessment.pdf for more information. Exemptions: The SAM registration requirement does not apply to individuals submitting an application on their own behalf and not on behalf of a company or other for-profit entity, state, local or Tribal government, academia or other type of organization.

Cost Sharing or Matching

The Lower Fox River/Green Bay Natural Resource Trustee Council does not require matching funds, although we strive to achieve a 1:1 cost share on selected projects. Projects will be evaluated and prioritized based on multiple criteria, including cost-effectiveness. Cost sharing includes cash, in-kind contributions, salary costs, equipment use, non-program grant funds and materials. Other cost sharing or matching contributions may also be eligible and will be determined by the Service biologist involved in the project. Cost share or matching funds committed in the project idea form, at the time the project is evaluated, will be captured and tracked throughout the lifetime of the project as part of the grant agreement reporting requirements.

Applicants may attribute some or all of their allowable indirect costs as voluntary committed cost-share/match, however recipients may only charge to the Federal award the indirect costs calculated against the allowable direct costs charged to the Federal award. Recipients may not charge to the Federal award indirect costs calculated against: 1) any portion of the recipient’s direct costs that are proposed as voluntary committed cost-share/match; or 2) any portion of the direct costs charged to any other Federal or non-Federal partner.

Other Eligibility Criteria

Projects that utilize NRDA funding must focus on actions to restore, rehabilitate, replace, and/or acquire the equivalent of natural resources and resource services injured by PCBs released to the Lower Fox River and Green Bay within or around the assessment area.

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

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

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

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

IV. Application Requirements Requesting Paper Application Package

Those eligible and interested in applying for funds from the NRDA Program are requested to contact the Restoration Coordinator for instructions and an application package (see Section VIII. Agency Contacts).

Application Form and Content Requirements Those eligible and interested in applying for funds from the NRDA Program are requested to contact the Restoration Coordinator for instructions and an application package (see Section VIII. Agency Contacts).

After applicants have contacted the Restoration Coordinator and have been vetted through the Trustee process, the following must be submitted:

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

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

3. Project Narrative Project Summary: briefly summarize the project, in one page or less. Include the title of the project, geographic location, and a brief overview of the need for the project. Goal(s), 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 objectives, specific project activities, anticipated outputs and outcomes can also be included in this section.

In the Project Narrative, include:

• Project title;

• Description of entity(ies) undertaking the project;

• Statement of need;

• Goals and objectives;

• Activities; Methods; Timetable or milestones;

• Information to support environmental compliance review requirements. Note: For projects on the high seas, the narrative should provide enough detail so that reviewers are able to determine project compliance with Section 7 of the Endangered Species Act.

For projects outside the U.S. on any property on the UNESCO World Heritage List or the in-country equivalent of the U.S. National Register of Historic Places, the narrative should provide enough detail so that reviewers are able to determine project compliance with Section 106 of the National Historic Preservation Act;

• Description of stakeholder coordination or involvement;

• Required project monitoring and evaluation plan, including description of assessment tools to be used;

• Information on key project personnel;

• Anticipated future funding needs;

• Details and supporting documentation on the project location

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.

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.fws.gov/grants/atc.html https://www.ecfr.gov/cgi-bin/text-idx?SID=9557df1830f0558e853e91c94dd8a3ff&mc=true&node=se2.1.200_1407&rgn=div8

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:

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

□ 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.

https://www.ecfr.gov/cgi-bin/text-idx?SID=0bb1f5386f36f965f85dc05b2ad8a804&mc=true&node=pt2.1.200&rgn=div5#se2.1.200_168 https://www.ecfr.gov/cgi-bin/text-idx?SID=0bb1f5386f36f965f85dc05b2ad8a804&mc=true&node=pt2.1.200&rgn=div5#se2.1.200_168

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.

https://harvester.census.gov/facides/Account/Login.aspx https://harvester.census.gov/facides/Account/Login.aspx https://harvester.census.gov/facdissem/Main.aspx https://harvester.census.gov/facdissem/Main.aspx http://www.ecfr.gov/cgi-bin/text-idx?SID=683823273fc0da6a1060883eda593fb8&mc=true&node=pt43.1.18&rgn=div5

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

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

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

13. APPLICATION CHECKLIST

□ Fox River/Green Bay NRDA Project Idea Form: Obtain from restoration coordinator prior to submitting application package

□ Evidence of non-profit status: If a non-profit organization, a copy of their Section 501(c)(3) or

(4) status determination letter received from the Internal Revenue Service.

□ SF 424, Application for Federal Assistance: A complete, signed and dated SF 424, SF 424- Mandatory, or SF 424-Individual form.

□ Project summary

□ Project narrative

□ Timetable

□ Single Audit Reporting statement: If a U.S. state, local government, federally-recognized Indian tribal government, or non-profit organization, statements regarding applicability of and compliance with Single Audit reporting requirements.

□ SF 424 budget form: A complete SF 424A or SF 424C Budget Information form.

□ Budget justification

□ Federally-funded equipment list: If Federally-funded equipment will be used for the project, a list of that equipment.

□ Indirect cost statement http://www.grants.gov/web/grants/forms/post-award-reporting-forms.html#sortby=1 http://www.grants.gov/web/grants/forms/post-award-reporting-forms.html#sortby=1 http://www.ecfr.gov/cgi-bin/text-idx?SID=683823273fc0da6a1060883eda593fb8&mc=true&node=pt43.1.18&rgn=div5

□ NICRA: When applicable, a copy of the organization’s current Negotiated Indirect Cost Rate Agreement.

□ SF 424 Assurances form: Signed and dated SF 424B or SF 424D Assurances form.

□ SF LLL form: If applicable, completed SF-LLL Disclosure of Lobbying Activities form.

□ Conflict of Interest disclosure, when applicable.

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

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

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

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

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

You can also contact the supporting Federal Service Desk for help registering in SAM. Once registered in SAM, entities must renew and revalidate their SAM registration at least once every 12 months from the date previously registered. Entities are strongly encouraged to revalidate their registration as often as needed to ensure their information is up to date and reflects changes that may have been to the entity’s DUNS or IRS information. Foreign entities who want to receive payment directly to a U.S. bank account must enter and maintain valid, current banking information in SAM.

Submission Dates and Times Those eligible and interested in applying for funds from the NRDA Program are requested to contact the Restoration Coordinator for submission instructions and timeline (see Section VIII. Agency Contacts).

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/

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 fails any of the acceptability criteria, it will no longer be considered.

Acceptability Criteria:

• The project complies with applicable laws, policies, and regulations;

• The project addresses Lower Fox River and Green Bay injured natural resources; and,

• The project is technically feasible.

Submission Instructions Those eligible and interested in applying for funds from the NRDA Program are requested to contact the Restoration Coordinator for submission instructions and an application package (see Section VIII.

Agency Contacts).

VI. Application Review Information

Criteria To be considered for funding, applicants must submit a project idea form to the restoration coordinator and the project must meet the requirements listed within this NOFO and be screened against the acceptability criteria in the 2016 Update to the Restoration Plan to be considered further in the restoration planning process. These criteria were developed by the Trustees to aid in eliminating those projects that are clearly inconsistent with the requirements of the Department’s NRDA regulations. In essence, the acceptability criteria stipulate that a restoration project must comply with all applicable laws and regulations, address resources or services at least broadly connected to those injured by PCBs, and be technically feasible to implement. Proposed projects will be ranked on a pass/fail system in relation to each criterion. If a proposed project passes each criterion, it will be evaluated further. If a proposed project fails any of the acceptability criteria, it will no longer be considered.

Acceptability Criteria:

• The project complies with applicable laws, policies, and regulations;

• The project addresses Lower Fox River and Green Bay injured natural resources; and,

• The project is technically feasible.

Review and Selection Process The Lower Fox River/Green Bay Trustees developed criteria to evaluate and rank potential restoration projects. The criteria were grouped into three categories that reflect the aspects of the projects that the criteria evaluate: “focus” criteria, which evaluate project objectives;

“implementation” criteria, which evaluate project methods; and “benefits” criteria, which evaluate the types and characteristics of the benefits the projects aim to achieve. These criteria reflect the Trustee requirements and priorities for NRDA restoration as outlined in the proposed alternative.

https://www.whitehouse.gov/omb/management/office-federal-financial-management/ https://www.whitehouse.gov/omb/management/office-federal-financial-management/

The purpose of the criteria is to provide a means of ranking potential restoration projects against each other by considering the objectives and requirements of the NRDA restoration planning process. Proposed projects will then be rated by priority within each criterion. Projects with the highest ranking will proceed for final review and selection for implementation by the Trustees. If no acceptable proposals are received, modifications or additional proposals will be requested.

Focus Criteria:

• On-site restoration (within or adjacent to the affected environment), which is preferred to projects further upstream. Specifically, the Trustees propose the following geographic priorities:

o A/N/R improvements focused in Green Bay coastal wetlands and islands; Green Bay tributaries (both east and west shore); Rush Lake area; the Pool Lakes; Wolf River and associated bottomlands; Duck Creek and tributaries; and the Fox River and Green Bay Area of Concern.

o Fisheries enhancements focused along the 39 miles of the Lower Fox River; tributaries to the Lower Fox River and Green Bay up to the first impoundment; Green Bay; and the Pool Lakes, Wolf River, Oneida and Menominee Reservations.

o Public use enhancements focused along the 39 miles of the Lower Fox River; in tributaries to the Lower Fox River and Green Bay up to the first impoundment; along the shores of Green Bay; and within the Oneida and Menominee Reservations.

• Addresses restoration of preferred resources, including aquatic, nearshore, and riparian habitats, fish communities, state and federal rare, threatened or endangered species, and native species. Specifically, the Trustees propose the following wildlife and fisheries priorities to be considered:

o Aquatic or wetland-dependent species, particularly those potentially affected by contaminants in the system. This includes colonial-nesting waterbirds, piscivorous raptors and furbearers, waterfowl, and threatened and endangered species. Sites that provide both breeding and foraging opportunities for colonial nesting waterbirds within the watersheds of the Fox and Wolf Rivers and other wetland dependent birds will receive higher scores in this category.

o Fish species including Lake Sturgeon, Great Lakes spotted musky, cisco, northern pike, yellow perch, bass, and pan fish. Actions that provide coastal and tributary spawning and rearing habitat, native aquatic submerged and emergent vegetation communities, and self-sustaining native fish populations will receive higher scores in this category.

Implementation Criteria:

• Benefits can be measured and monitored for success.

• Project uses established, reliable methods/technologies known to have a high probability of success.

• Project has additional contributions from conservation partners, including in-kind donations, matching funds, and technical expertise.

• Project is cost effective, including the amount of funds expended for planning, implementation, and long-term operation; and the project is well planned, including consideration of maintenance and monitoring costs into the future.

• Project is consistent with tribal, federal or state priorities, policies, missions, goals, and planning.

Project proposal considers all relevant natural resource plans.

Benefits Criteria:

• Project provides the greatest scope of ecological, cultural, and economic benefits in terms of both aerial extent and time frame over which benefits accrue. Collaborative partnerships that extend the scope of benefits are preferred.

• Project provides ecological and human use benefits, within the scope of the preferred alternative, that otherwise have insufficient funding and demonstrated a need for NRDA restoration dollars.

• Project provides measurable benefits to cultural resources and allows for increased cultural practices within the restoration area.

• Project appropriately considers environmental justice and does not cause disproportionate, adverse impacts to a specific location or group.

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. Depending on the circumstances, the Service may request modification to the application, other pending applications, or an active award, as needed to eliminate any duplication of effort, or the Service may choose not to fund the selected project.

The Service may not make a Federal award to an applicant that has not completed the SAM.gov registration. If an applicant selected for funding has not completed their SAM.gov registration by the time the Service is ready to make an award, the program may determine that the applicant is not qualified to receive an award. The program can use that determination as a basis for making an award to another applicant.

Prior to award, the Service will evaluate the risk posed by applicants as required in 2 CFR 200.205.

Service programs document applicant risk evaluations using the Service’s “Financial Assistance Recipient Risk Assessment” form. Prior to approving awards for Federal funding in excess of the simplified acquisition threshold (currently $250,000), the Service is required to review and consider any information about or from the applicant found in the Federal Awardee Performance and Integrity Information System. The Service will consider this information when completing the risk review. The Service uses the results of the risk evaluation to establish monitoring plans, recipient reporting frequency requirements, and to determine if one or more of the specific award conditions in 2 CFR 200.207 should be applied the award.

VII. Federal Award Administration Federal Award Notices

Following review, applicants may be requested to revise the project scope and/or budget before an award is made. Successful applicants will receive written notice in the form of a notice of award document. Notices of award are typically sent to recipients by e-mail. If e-mail notification is unsuccessful, the documents will be sent by courier mail (e.g., FedEx, DHL or UPS). Award recipients are not required to sign/return the Notice of Award document.

Awards are based on the application submitted to and approved by the Service and are subject to the terms and conditions incorporated into the Notice of Award either by direct citation or by reference to the following: Federal regulations; program legislation or regulation; and special award terms and conditions. Recipient acceptance of a Federal award from the Service carries with it the https://www.ecfr.gov/cgi-bin/text-idx?SID=936f3f7f79de0e8eaf3f4f1150dc5f9d&mc=true&node=pt2.1.200&rgn=div5#se2.1.200_1205 https://www.fws.gov/grants/pdfs/FWSForm3-2462Web01-06-17.pdf https://www.fws.gov/grants/pdfs/FWSForm3-2462Web01-06-17.pdf https://www.fapiis.gov/fapiis/index.action https://www.fapiis.gov/fapiis/index.action https://www.ecfr.gov/cgi-bin/text-idx?SID=936f3f7f79de0e8eaf3f4f1150dc5f9d&mc=true&node=pt2.1.200&rgn=div5#se2.1.200_1207 responsibility to be aware of and comply with all terms and conditions applicable to the award.

Recipients indicate their acceptance of the Federal award by starting work, drawing down funds, or accepting the award via electronic means.

Award Terms and Conditions See the Service’s “Financial Assistance Award Terms and Conditions” for the administrative and national policy requirements applicable to Service awards. The “Department of the Interior (DOI) Award Provisions” attached to this Funding Opportunity also apply to Service awards (Attachment A).

Special Award Terms and Conditions:

1. Acknowledgment of Support

Please acknowledge the Fox River/Green Bay NRDA Trustees for supporting the project in communication and display the Fox River/Green Bay Trustee logo when possible.