F25AS00428_NOFO_Final.pdf

U.S. Fish and Wildlife Service

FWS - Wildlife and Sport Fish Restoration https://www.fws.gov/program/clean-vessel-act

F25AS00428 - FY 2025 Clean Vessel Act (CVA) Fiscal Year: 2025

F25AS00428

Due Date for Applications: 11/25/2024

Table of Contents A. Program Description

A1. Authority

A2. Assistance Listing Number

A3. Background, Purpose and Program Requirements

A4. Funding Opportunity Goals

B. Federal Award Information

B1. Total Funding

B2. Expected Award Amount

B3. Expected Award Funding and Anticipated Dates

B4. Number of Awards

B5. Type of Award

C. Eligibility Information

C1. Eligible Applicants

C2. Cost Sharing or Matching

C3. Other

D. Application and Submission Information

D1. Address to Request Application Package

D2. Content and Form of Application Submission

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

D4. Submission Dates and Times

D5. Intergovernmental Review

D6. Funding Restrictions

D7. Other Submission Requirements

E. Application Review Information

E1. Criteria

E2. Review and Selection Process

E3. CFR – Regulatory Information

E4. Anticipated Announcement and Federal Award Dates

F. Federal Award Administration Information

F1. Federal Award Notices

F2. Administrative and National Policy Requirements

F3. Reporting

G. Federal Awarding Agency Contact(s)

G1. Program Technical Contact

G2. Program Administration

G3. Application System Technical Support

H. Other Information

A. Program Description

A1. Authority Clean Vessel Act, 33 United States Code (U.S.C.) §1322; and Dingell-Johnson Sport Fish Restoration Act, 16 U.S.C. §777 et seq.

A2. Assistance Listing Number Assistance Listing Number 15.616 A3. Background, Purpose and Program Requirements Recreational boating is a popular activity in the United States. There are approximately 11 million registered recreational boats in the United States, and each year over 141 million people, adults and children, enjoy a host of water-based recreational opportunities, such as fishing, cruising, water-skiing, and spending time with family and friends. Many recreational boats are equipped with on-board toilets and wastewater holding tanks, known as Marine Sanitation Devices (MSDs). Proper disposal of sewage from recreational boats is important in preserving and improving water quality in the country’s vital aquatic ecosystems. The Clean Vessel Act (CVA) grant program provides funding to the 50 States, the District of Columbia, the Commonwealths of Puerto Rico and the Northern Mariana Islands, and the territories of Guam, American Samoa, and the United States Virgin Islands (hereafter States) to support their ongoing efforts to improve recreational boating opportunities and provide boaters with clean, efficient facilities to prevent waste disposal into public waterways and other ecosystems.

Funding comes from the Sport Fish Restoration and Boating Trust Fund and consists of excise taxes on fishing equipment, motorboat and small engine fuels, import duties, and interest on the fund. Four percent of the trust fund, after sequestration and other allocations, is divided between the CVA and Boating Infrastructure Grants (BIG) programs each fiscal year.

Each year pumpouts and dump stations, funded through CVA and matched with State, local, and/or private funds, have a large impact on reducing the amount of human waste discharged to the nation’s waters from recreational vessels. This has tremendous benefits such as improved water quality for public drinking water supplies, river ecosystems, shellfish beds and other aquatic life; convenient service for boaters; and boaters who are informed of how best to dispose of vessel sewage. Since the inception of CVA, the program has funded over 6,000 pumpout and dump stations and has provided funds to help operate and maintain them. Through dedication of the States, private marinas, the Sport Fishing and Boating Partnership Council, the States Organization for Boating Access (SOBA), environmental groups, and the boating public, millions of gallons of sewage are diverted from polluting waterbodies each year. These groups have also been instrumental in keeping the facilities in working order, and providing information for the boating public regarding the importance of keeping waters clean by using pumpouts and dump stations.

References to “you” in this NOFO refer to the State agency completing the application and any potential subrecipient, if applicable. References to “we” or “us” in this NOFO refer to the U.S.

Fish and Wildlife Service (Service).

The Wildlife and Sportfish Restoration Program is now the Office of Conservation Investment (CI). We are striving for a name that is a more accurate representation of the broad work that we perform and an inclusive name that better articulates all the work we collectively accomplish to support the mission of the Service and stewardship across the nation.

Wildlife TRACS (Tracking and Reporting Actions for the Conservation of Species) is the tracking and reporting system used by CI to capture information about conservation and related actions funded by its grant programs. TRACS serves as the electronic repository system for all performance, accomplishment, and real property reporting related to those Federal awards.

TRACS highlights program accountability by documenting program accomplishments and results. For applications that are selected for funding, grant and project statement information and performance reporting data must be entered into TRACS as authorized under 2 CFR 200.102(c), 200.202, 200.301, and 200.329.

Notable changes from the FY 2024 announcement were made in the sections below (Note:

Applicants should read this announcement in its entirety to insure all requirements are met.

Failure to fully adhere to all requirements may result in your application being rejected.):

• Please note: This NOFO is based on the current CVA regulation (50 CFR 85). The Service is in the process of updating the CVA regulations, but a new final rule has not been published. Any newly eligible activities or administrative benefits included in the CVA proposed rule cannot be used in applications to this NOFO.

• D2. Be sure to read and adhere to the requirement in section D2 to submit the Project Abstract Summary form, OMB Number 4040-0019 in Grants.gov or to enter the same information in the Project Abstract Summary screen in GrantSolutions. The description in the abstract must be in plain language that the public can understand without viewing the full application proposal. It should include a brief, simple description of the project purpose, activities to be performed, deliverables and expected outcomes, intended beneficiaries, and subrecipient activities, if known at the time of submission. This information will be public on USASPENDING.gov once an award is made.

• Added the Checklist of required elements below.

https://www.ecfr.gov/cgi-bin/text-idx?node=se2.1.200_1102&rgn=div8 https://www.ecfr.gov/cgi-bin/text-idx?node=se2.1.200_1102&rgn=div8 https://www.ecfr.gov/cgi-bin/retrieveECFR?gp=&SID=049305c173b88964e96991aafabcf1f4&mc=true&n=pt2.1.200&r=PART&ty=HTML#se2.1.200_1202 https://www.ecfr.gov/cgi-bin/retrieveECFR?gp=&SID=049305c173b88964e96991aafabcf1f4&mc=true&n=pt2.1.200&r=PART&ty=HTML#se2.1.200_1301 https://www.ecfr.gov/cgi-bin/retrieveECFR?gp=&SID=049305c173b88964e96991aafabcf1f4&mc=true&n=pt2.1.200&r=PART&ty=HTML#se2.1.200_1329 https://www.ecfr.gov/current/title-50/chapter-I/subchapter-F/part-85

Checklist of Required Elements:

• Failure to provide these critical elements in your will result in a rejection of your application:

o SF-424 form, Application for Federal Assistance o Project Narrative o Budget Narrative

Additional required elements:

• Failure to provide these may result in a rejection of your application:

o Project Abstract Summary o SF-424A or C form as appropriate, or provide equivalent information (totals should match the total on the SF-424, in your budget narrative and throughout your application). Also, if you use the form in GrantSolutions do not answer Yes to the pop-up window asking if you want it to fill in the SF-424 form as this may overwrite the SF-424 form incorrectly!

o Detailed responses to the Scoring Criteria o Conflict of Interest Disclosure o Uniform Audit Reporting Statement (Single Audit) o Overlap or Duplication of Effort Statement o Indirect Cost Statement and if applicable, a copy of your current Negotiated

Indirect Cost Rate Agreement (NICRA) (if a current copy is not on file in your Regional CI Office).

o SF-LLL form, Disclosure of Lobbying Activities form (if applicable) o Maps, Drawings, Photographs (Not needed if it is an Administration grant only)

A4. Funding Opportunity Goals

• Congress authorized the Clean Vessel Act grant program to provide funds to States for the construction, renovation, operation, and maintenance of pumpout stations and waste reception facilities for recreational vessels. The goal of the grant program is to provide adequate recreational boater pumpout and waste disposal facilities where recreational vessels normally operate.

B. Federal Award Information

B1. Total Funding Estimated Total Funding $15,000,000

B2. Expected Award Amount Maximum Award $1,500,000 Minimum Award $0 An application may not be selected for funding, or we may find that it is ineligible, which would result in no funds being awarded.

B3. Expected Award Funding and Anticipated Dates Expected Award Funding Expected Award Date June 18, 2025 Awards typically range from $30,000 up to $1,500,000 with an average award of approximately $500,000. There is no minimum, and the maximum award amount is $1,500,000. Coastal States may apply for up to $3,000,000 maximum, $1,500,000 for coastal activities and $1,500,000 for inland activities. Inland States may apply for up to $1,500,000. See Section C below for more detail on Coastal and Inland States. Funding approvals are expected to occur during May 2025 with grants being awarded as compliance and permitting efforts are completed over the following 12 months. These awards may supplement previous CVA awards as long as there is no overlap.

B4. Number of Awards Expected Number of Awards

B5. Type of Award Funding Instrument Type G - Grant

C. Eligibility Information

C1. Eligible Applicants Eligible Applicants 00 – State governments Additional Information on Eligibility Eligible applicants are the Governor-designated State agencies in the United States, the Commonwealths of Puerto Rico and the Northern Mariana Islands, and the territories of Guam, American Samoa, the United States Virgin Islands and the Mayor-designated agency in the District of Columbia (States). You may not apply directly if you are not one of these entities.

If you are uncertain of your eligibility, please contact the national contact in Section G. or your Regional CI Office (below).

American Samoa: Chris Cegelski, Christine_Cegelski@fws.gov, 202-251-3943

Hawaii: Chris Swenson, Chris_Swenson@fws.gov, 503 231-6758

Commonwealth of the Northern Mariana Islands and Guam: Ruth Utzurrum, Ruth_Utzurrum@fws.gov, 503-231-2083

Idaho, Oregon, and Washington:Lia McLaughlin, Lia_Mclaughlin@fws.gov, 503-724-8017

Arizona, New Mexico, Oklahoma, and Texas: Brian Hobbs, Brian_Hobbs@fws.gov, 505-526-

Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri, Ohio, and Wisconsin: Lily Smalstig, Lily_Smalstig@fws.gov, 651-391-0019

Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, the Commonwealth of Puerto Rico, South Carolina, Tennessee, and the United States Virgin Islands:

Scott White, Scott_White@fws.gov, 404-679-7113

Connecticut, Delaware, the District of Columbia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, Virginia, West Virginia: Bill Perry, Bill_Perry@fws.gov, 413-253-8302

Colorado, Kansas, Nebraska, Montana, North Dakota, South Dakota, Utah, and Wyoming: Kayla Barrett, Kayla_Barret@fws.gov, 303-236-4375

Alaska: Cary Myler, Cary_Myler@fws.gov, 907-351-7989

California and Nevada: Julie Hana, Julie_Hana@fws.gov, 916-414-6507

C2. Cost Sharing or Matching Cost Sharing / Matching Requirement Yes Percentage of Cost Sharing / Matching Requirement The maximum Federal award under CVA is 75 percent of the total allowable project cost up to $1.5 million. Recipients are required to provide the remaining 25 percent of total allowable project costs using matching non-Federal funds. American Samoa, Guam, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands are exempt from match requirements.

You may meet your minimum required cost share or match through contributions from a third party. A third party is any individual or organization other than the State applicant, such as a partner or subrecipient. In order for match to be allowable, it must meet all the criteria listed in 2 CFR 200.306(b). As the primary recipient, you are responsible for the full amount of the non- Federal match proposed, including any amount provided by one or more third parties as listed on the Standard Form 424, Application for Federal Assistance (SF-424).

You may attribute some or all of your allowable indirect costs as voluntary committed cost-share/match, however you may only charge to the Federal award the indirect costs calculated against the allowable direct costs charged to the Federal award.

C3. Other Eligible applicants are the designated State agencies in the United States. If you are uncertain of your eligibility, please contact CI (see the national contact information in Section G or the Regional CI contacts in section C1).

Coastal State – A State of the United States in, or bordering on, the Atlantic, Pacific, or Arctic Ocean, the Gulf of Mexico, Long Island Sound, or one or more of the Great Lakes. The term also includes Puerto Rico, the Virgin Islands, Guam, and the Commonwealth of the Northern Mariana Islands. Alaska is eligible as a Coastal State for the purposes of CVA.

Inland State - A State which is not a Coastal State as defined above. The District of Columbia and American Samoa are included as inland States. American Samoa is defined as an inland State because the ratio of number of recreational vessels to number of shoreline miles is less than one.

Many States provide CVA subawards to private marinas, local municipalities, other State agencies, or other non-State entities though it is the State’s decision if they want to utilize this approach to meet their public boating needs. There may be a separate application process for potential subrecipients managed by the State agency responsible for administering CVA grants.

Foreign Entities or Projects:

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

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

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

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

Excluded Parties:

https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/section-200.306 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/section-200.306 https://www.state.gov/j/ct/list/c14151.htm https://www.state.gov/j/ct/list/c14151.htm https://www.state.gov/j/ct/list/c14151.htm http://www.treasury.gov/resource-center/sanctions/Pages/default.aspx http://www.treasury.gov/resource-center/sanctions/Pages/default.aspx

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

D. Application and Submission Information

D1. Address to Request Application Package Apply to this announcement in the GrantSolutions Grants Management Module (GMM). We request that you apply via GrantSolutions if you are able to do so. Note that the application package is also available on Grants.gov. Using the “Search Grants” tab, enter the Funding Opportunity Number or the CFDA number (15.616). Applicants should reach out to the contacts listed in Section C1 and Section G if you have questions about your application(s).

Program Website Link

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

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

1. Permit the preparation of required reports;

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

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

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

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

When completing the SF-424 Application form, enter only the amount requested from this Federal program in Box 18a, Estimated Federal Funding. Include any other Federal sources of funding in Box 18e. Estimated Other Funding and identify any such sources and amounts in the required Budget Narrative (see below). For individuals applying as a private citizen (i.e., http://www.grantsolutions.gov http://www.grants.gov https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/section-200.302 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/section-200.302 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/subject-group-ECFR4acc10e7e3b676f/section-200.334 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/subject-group-ECFR4acc10e7e3b676f/section-200.335 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/subject-group-ECFR4acc10e7e3b676f/section-200.336 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/subject-group-ECFR4acc10e7e3b676f/section-200.337 unrelated to any business or nonprofit organization you may own or operate in your name), do NOT include your Social Security Number on this or any other document to be submitted with your application! When completing the SF-424 Application form, individuals must enter in Box 8b. Employee/Taxpayer Identification Number (EIN/TIN) the substitute number “444-44-4444.”

Individuals may register in SAM.gov but are not required to have a SAM.gov registration. For individuals without a SAM.gov registration enter in Box 8c. the substitute Unique Entity Identifier (UEI) “KA5HQCLKUVW1". For instructions on completing the SF-424, please reference the Instructional Video: Completing the SF424.

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

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

For applicants applying through Grants.gov: Applicants must download and complete the Grants.gov “Project Abstract Summary” form from the full text announcement. To submit the Grants.gov “Project Abstract Summary” form with the application, applicants must add the form as an attachment to the Grants.gov “Attachments” form that is included in the application package.

For applicants applying through GrantSolutions-Grants Management Module (GS-GMM):

Applicants must enter the information in the Project Abstract Summary screen. Do not upload a document in place of entering the information directly into GS-GMM Project Abstract Screen.

Project Narrative A project statement (10 pages maximum) that does not address the ranking criteria, but rather identifies and describes:

1. Need: Explain why the project is necessary and how it fulfills the purpose of CVA;

2. The Service created Standard Objectives to standardize performance reporting and document national accomplishments that deliver results consistent with the CVA Program’s authorizing legislation and program regulation. To avoid delay, your project narrative must only use one or more of the Standard Objectives listed in the TRACS Performance Matrix. We encourage you to work with your Regional CI Office if you have questions about the use of TRACS Standard Objectives in your Project Narrative.

Please refer to the Service’s CI Training Portal site for example project statements that utilize TRACS Standard Objectives.

https://www.youtube.com/playlist?list=PLZb5DyVcCk973cI_AVHushgcEmEMS6aUH https://wsfrtraining.fws.gov/mod/page/view.php?id=216&forceview=1 https://wsfrtraining.fws.gov/mod/page/view.php?id=216&forceview=1 https://wsfrtraining.fws.gov/mod/book/view.php?id=277&chapterid=104

3. Expected results or benefits from accomplishing the objectives;

4. The approach to be used in meeting the objectives, including specific procedures, schedules, key personnel, and cooperators;

5. Description of the activity so Service staff can make a preliminary determination of compliance needs for the National Environmental Policy Act (NEPA), Section 7 of Endangered Species Act (ESA), and Section 106 of the National Historic Preservation Act (NHPA); and

6. The anticipated project location(s), including the GPS coordinates in minutes, degrees, seconds. If exact locations are not available at the time of application, please be as specific as possible.

7. Provide a timeline of activities.

The Service has implemented an electronic performance reporting system called TRACS (https://tracs.fws.gov) in order to document recipient performance and for reporting on national program accomplishments that deliver meaningful results consistent with the CVA Program’s authorizing legislation and regulation. If your application is selected for funding, you are required to enter grant and Project Narrative information in TRACS within 60 calendar days of the latter: (a) period of performance start date; or (b) the date the award was approved. If you need assistance, please contact our Regional CI Office (see Section C1).

You can also enter grant and Project Narrative information in TRACS prior to applying in GrantSolutions or Grants.gov. TRACS data entry will facilitate development of a complete Project Narrative. Once entered, TRACS will generate a Project Narrative that you may use as part of your application in GrantSolutions or Grants.gov.

SF-424A, Budget Information for Non-Construction Programs Applicants must complete and submit the SF-424A Budget Information form for Non- Construction Programs or Projects. All required application forms are available with this announcement on Grants.gov or in GrantSolutions. Federal award recipients and subrecipients are subject to Federal award cost principles in Title 2 of the Code of Federal Regulations (CFR) part 200. Applicants must show funds requested from this Federal program separately from any other Federal sources of funding. In “Section A – Budget Summary” on the SF-424A form enter the funding requested from this Federal program in the first row. Identify any other Federal funding sources and amounts in the required Budget Narrative (see below). In “Section B – Budget Categories” on the SF-424A form enter the funding requested for each Object Class Category. For the SF-424A “Contractual” category enter estimated contractual costs only. Do not include subaward costs in the “Contractual” category. Enter estimated subaward costs in the SF-424A “Other” category. Provide a separate description and total estimated costs for both contractual and subaward costs in the required Budget Narrative (see below). For more information about subrecipient and contractor determinations, see 2 CFR §200.331. For instructions on completing the SF-424A, please reference: Instructional Video: Completing the

SF424.

SF-424C, Budget Information for Construction Program Applicants must submit the appropriate SF-424C Budget Information form for Construction Programs or Projects. All required application forms are available with this announcement on Grants.gov and in GrantSolutions. Federal award recipients and subrecipients are subject to https://tracs.fws.gov https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/subject-group-ECFR031321e29ac5bbd/section-200.331 https://www.youtube.com/playlist?list=PLZb5DyVcCk973cI_AVHushgcEmEMS6aUH

Federal award cost principles in 2 CFR 200. Applicants must show funds requested from this Federal program separately from any other Federal sources of funding. Identify any other Federal funding sources and amounts in the required Budget Narrative (see below).

Budget Narrative Applicants must include a budget narrative that describes and justifies requested budget items and costs. In your budget narrative, describe how the SF-424 Budget Information, “Object Class Category” totals were determined. Include a complete description of each cost category. For personnel salary costs, generally describe how estimates were determined by identifying what type of staff will support the project and how much time they will contribute to the project (in hours or workdays). Describe proposed items of cost that require prior approval under the Federal award cost principles, including any anticipated subawarding, transferring, or contracting out of any work under the award. If known at the time of application, include an estimated number of subawards and the dollar amount anticipated for each subaward. If equipment previously purchased with Federal funds is available for the project, provide a list of that equipment and identify the Federal funding source. Identify any third-party cash or in-kind contributions that a partner or other entity will contribute to the project and describe how the contributions directly and substantively benefit completion of the project. For in-kind contributions, identify the source, the amount, and the valuation methodology used to determine the total value. See 2 CFR §200.306 for more information. Please note the prohibitions on certain telecommunications and video surveillance services or equipment in 2 CFR 200.216. Recipients may not earn, make, or keep any profit resulting from any financial assistance awards. These costs are not allowable and should not be included in any proposed costs.

Be sure to provide sufficient detail for reviewers to understand the proposed costs.

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

a. Applicability.

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

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

b. Notification.

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

2. Recipients must establish internal controls that include, at a minimum, procedures to identify, disclose, and mitigate or eliminate identified conflicts of interest. The recipient is responsible for notifying the Financial Assistance Officer in writing of any conflicts of interest that https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200#200.407 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200#subpart-E https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/section-200.306 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-C/section-200.216 https://ecfr.federalregister.gov/current/title-2/subtitle-B/chapter-XIV/part-1402/subpart-B https://www.ecfr.gov/current/title-2/subtitle-B/chapter-XIV/part-1402/subpart-B/section-1402.112 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/subject-group-ECFR45ddd4419ad436d/section-200.318 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/subject-group-ECFR45ddd4419ad436d/section-200.318 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-B/section-200.112 may arise during the life of the award, including those that have been reported by sub recipients.

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

USC §1352.

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

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

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

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

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

https://www.ecfr.gov/current/title-43/subtitle-A/part-18 https://www.govinfo.gov/content/pkg/USCODE-2019-title31/pdf/USCODE-2019-title31-subtitleII-chap13-subchapIII-sec1352.pdf https://www.govinfo.gov/content/pkg/USCODE-2019-title31/pdf/USCODE-2019-title31-subtitleII-chap13-subchapIII-sec1352.pdf https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/subject-group-ECFR86b76dde0e1e9dc/section-200.339 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-I/part-180 https://www.fac.gov/ https://www.fac.gov/ https://www.fac.gov/ https://www.ecfr.gov/current/title-43/subtitle-A/part-18 https://www.ecfr.gov/current/title-43/subtitle-A/part-18 https://www.grants.gov/forms/forms-repository/sf-424-mandatory-family https://www.grants.gov/web/grants/forms/post-award-reporting-forms.html

Overlap or Duplication of Effort Statement Applicants must provide a statement indicating if there is any overlap between this Federal application and any other Federal application, or funded project, in regard to activities, costs, or time commitment of key personnel. If no such overlap or duplication exists, state, “There are no overlaps or duplication between this application and any of our other Federal applications or funded projects, including in regard to activities, costs, or time commitment of key personnel”. If any such overlap exists, provide a complete description of overlaps or duplications between this proposal and any other federally funded project or application in regard to activities, costs, and time commitment of key personnel, as applicable. Provide a copy of any overlapping or duplicative proposal submitted to any other potential funding entity and identify when that proposal was submitted, to whom (entity name and program), and when you anticipate being notified of their funding decision. When overlap exists, your statement must end with “We understand that if at any time we receive funding from another source that is duplicative of the funding we are requesting from the U.S. Fish and Wildlife Service in this application, we will immediately notify the U.S. Fish and Wildlife Service point of contact identified in this Funding Opportunity in writing.”

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

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

Applicants can register on the SAM.gov website. The “Help” tab on the website contains User Guides and other information to assist you with registration. Applicants can contact the supporting Federal Service Desk for help registering in SAM. Once registered in SAM, entities must renew and revalidate their SAM registration at least once every 12 months from the date previously registered. Entities are strongly encouraged to revalidate their registration as often as needed to ensure their information is up to date and reflects changes that may have been made to the entity’s IRS information. If applicable, foreign entities who want to receive payment directly to a U.S. bank account must enter and maintain valid, current banking information in SAM.

https://www.gsa.gov/about-us/organization/federal-acquisition-service/office-of-systems-management/integrated-award-environment-iae/iae-systems-information-kit/unique-entity-identifier-update http://www.sam.gov

D4. Submission Dates and Times Due Date for Applications 11/25/2024 Application Due Date Explanation Electronically submitted applications must be submitted no later than 11:59 PM, ET, on the listed application due date.

Eligible applicants must submit applications through GrantSolutions or Grants.gov by the deadline. The Service recommends that you submit your application early enough to address any unforeseen technical complications. We also recommend that you verify that all documents have been received with before the deadline. The Service will not consider applications received after the deadline.

Applicants requesting comments or assistance with their applications are encouraged to submit applications to their Regional CI Office at least 4 weeks prior to the due date. Although there is no guarantee that the Regional CI Office will provide comments, feedback may include recommendations to improve the application.

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

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

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

Organizations must have an active Federal award before they can submit an indirect cost rate proposal to their cognizant agency. Failure to establish an approved rate during the award period renders all costs otherwise allocable as indirect costs unallowable under the award. Recipients may not shift unallowable indirect costs to another Federal award unless specifically authorized to do so by legislation.

https://www.archives.gov/federal-register/codification/executive-order/12372.html https://www.whitehouse.gov/omb/management/office-federal-financial-management/ https://www.whitehouse.gov/omb/management/office-federal-financial-management/ https://ibc.doi.gov/ICS/contact-us https://ibc.doi.gov/ICS/contact-us https://ibc.doi.gov/ICS/indirect-cost

Required Indirect Cost Statement to be submitted by Organization:

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

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

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

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

• We are a U.S. state or local government entity receiving $35 million or less in direct Federal funding. We have not prepared an indirect cost rate proposal and documentation per 2 CFR §200, Appendix VII and elect to charge the de minimis rate of 10% of Modified Total Direct Costs as defined in 2 CFR §200.1. We understand we must use this methodology consistently for all Federal awards until we choose to establish a rate per 2 CFR §200. We understand we must notify the Service in writing if we establish a rate that changes the methodology used to charge indirect costs during the award period. We understand that additional Federal funds may not be available to support an unexpected increase in indirect costs during the project period and that such changes are subject to review, negotiation, and prior approval by the Service.

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

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

Attached is a copy of our current rate agreement.

• We are an organization with a negotiated indirect cost rate that has expired. Attached is copy of our most recently negotiated rate agreement. If we receive an award, we will submit an indirect cost rate proposal to our cognizant agency within 90 calendar days after the award date. We understand we must provide the Service a copy of our approved rate agreement before charging indirect costs to the Federal award.

• We are an organization that has never negotiated an indirect cost rate with our cognizant agency. Our indirect cost rate is [insert rate], which is charged against [insert a complete description of the direct cost base used to distribute indirect costs to the award]. If we receive an award, we will submit an indirect cost rate proposal to our cognizant agency within 90 calendar days after the award date. We understand we must provide the Service a copy of our approved rate agreement before charging indirect costs to the Federal award.

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

• We are an organization submitting a [insert either “Cooperative Fish and Wildlife Research Unit Program” or “Cooperative Ecosystem Studies Unit Network”] project proposal, which has an indirect cost rate cap of [insert rate; CRU is currently 15%; CESU is currently 17.5%]. In the event we receive an award, we understand that if we have a current negotiated (including provisional) indirect cost rate agreement we must charge the capped indirect cost rate to the same base identified in our approved indirect cost rate agreement. We understand we must request prior approval from the awarding program to use the 2 CFR 200.1 Modified Total Direct Costs (MTDC) base instead of our approved base and that we must submit such requests with our application, including a calculation showing how use of the MTDC base results in an overall reduction in the total indirect costs recovered. If we do not have current negotiated (including provisional) rate, we understand we must charge the capped indirect cost rate against Modified Total Direct Costs (MTDC) as defined in 2 CFR §200.1. If we have never negotiated a rate, we understand we must use the de minimis rate of 10% of MTDC.

• We are an organization that will charge all costs directly.

Funding Restrictions Pre-award costs are not guaranteed and may only be eligible if they are necessary and reasonable for completion of project objectives, and are approved in writing in advance by the Regional CI Office. Request for pre-award costs need to include the dates of validity, costs, and a justification.

Eligible grant activities include:

1. Education/information program to educate/inform recreational boaters about the environmental pollution problems resulting from sewage discharges from vessels and to inform them of the location of pumpout and dump stations.

2. The construction, renovation, operation and maintenance of pumpout and dump stations, including floating restrooms in the water, not connected to land or structures connected to the land, used solely by boaters. They may also include any activity necessary to hold and transport sewage to sewage treatment plants, such as holding tanks, piping, haulage costs, and any activity necessary to get sewage treatment plants to accept sewage, such as installing bleed-in facilities.

3. Administration and coordination your CVA grant program.

Ineligible activities include:

https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200#p-200.1(Modified%20Total%20Direct%20Cost%20(MTDC))

1. Activities that do not provide public benefits.

2. Law Enforcement activities.

3. Construction/renovation of upland restroom facilities.

4. Construction, renovation, operation and maintenance of onsite sewage treatment plants, such as package treatment plants and septic systems, and of municipal sewage treatment plants for primary and secondary treatment.

D7. Other Submission Requirements GrantSolutions Application Procedures The Service uses the GrantSolutions system to manage financial assistance applications and awards. Applicants must register in and conduct any subsequent award business with the Service in GrantSolutions. To apply, your organization and organization officials must be established in GrantSolutions. To register your organization in GrantSolutions, send an email to help@grantsolutions.gov. The following information must be included in your email and must match your organization’s SAM.gov entity record:

Subject: New Organization Request

• Organization/Individual Name

• Point of Contact first and last name, email, and phone number

• Organization Type

• SAM.gov Unique Entity Identifier (not required for individuals or Service-waived entities)

• Organization Employer Identification Number (Applicants that are INDIVIDUALS DO

NOT include your social security number)

• Address

To establish organization official accounts and user…