FOA BLM-CO Wet Meadow Restoration and Climate Adaptation.pdf

UNITED STATES DEPARTMENT OF THE INTERIOR

Bureau of Land Management

FUNDING OPPORTUNITY ANNOUNCEMENT

for

Federal Financial Assistance

CONTACT INFORMATION:

Eleni Sarris

Grants Management Specialist

Telephone: 303-239-3908 | Email: esarris@blm.gov

FUNDING OPPORTUNITY TITLE:

BLM-CO Gunnison Basin Wet Meadow Restoration and

Climate Change Adaptation Project, Gunnison Field Office

FUNDING OPPORTUNITY NUMBER:

L17AS00188

ANNOUNCEMENT TYPE:

Request for Applications

Issued: June 26, 2017

CFDA NUMBER & TITLE:

15.231 – Fish, Wildlife, and Plant Conservation Resource

Management

LEGISLATIVE AUTHORITY:

Federal Land Policy and Management Act of 1976

(FLPMA), 43 USC §1737, Public Law 94-579

Watershed Restoration and Enhancement Agreements

(aka The Wyden Amendment), 16 USC 1011 , PL 104-208, Section 124, as amended by PL 105-277, Section 136, as amended by PL 108-7, Section 135. Section 1011

DEADLINE FOR SUBMISSION OF APPLICATIONS:

August 25, 2017, 12:00 Noon MDT mailto:esarris@blm.gov

BLM Funding Opportunity Announcement No. L17AS00188

BLM-CO: Gunnison Basin Wet Meadow and Climate Adaptation Project Page 2 of 30

Rev 6-2016

A. PROGRAM DESCRIPTION

1. Authority

This Bureau of Land Management (BLM) Federal Financial Assistance Funding

Opportunity is being announced under the following legislative authorities:

Federal Land Policy and Management Act Of 1976, 43 USC 1737, Public Law

94-579, as amended. Section 1737. Implementation provisions. (b) Contracts and cooperative agreements. Subject to the provisions of applicable law, the Secretary may enter into contracts and cooperative agreements involving the management, protection, development, and sale of public lands.

Watershed Restoration and Enhancement Agreements (aka The Wyden

Amendment), 16 USC 1011 , PL 104-208, Section 124, as amended by PL 105-

277, Section 136, as amended by PL 108-7, Section 135, Section 1011. If applicable, activities on both public and private lands are eligible for funding. The

Wyden Amendment provides for the sharing of costs of implementing the agreement among the Federal government, the landowner, and other entities, as mutually agreed on by the affected interests.

2. Description of Program and/or Project

a. Background: The Bureau of Land Management (BLM) Colorado’s 8.3 million acres of public lands, along with 27 million acres of mineral estate, are concentrated primarily in the western portion of the State. The lands range from alpine tundra, colorful canyons, and mesas in the southwest, to rolling sage-covered hills in the northwest. These public lands play a vital role in providing open space and contribute to Colorado's quality of life. The public lands and resources administered by the BLM are among Colorado’s greatest assets, benefitting local communities and our nation. Every year, BLM-managed public lands support thousands of jobs in Colorado and draw millions of visitors. Colorado's public lands support diverse lifestyles and livelihoods on healthy and working landscapes in Colorado's backyard. BLM

Colorado's National Conservation Lands encompass approximately one million acres, or one-eighth of all BLM land in the state.

In addition, BLM Colorado manages the following:

• 3 national conservation areas

• 53 wilderness study areas

• 5 wilderness areas

• 1 national historic trail

• 1 national scenic trail

• 2 national monuments

Unlike many other recreation destinations, BLM Colorado’s public lands are still quite rustic. There are no entrance stations and comparatively few

BLM-CO: Gunnison Basin Wet Meadow and Climate Adaptation Project Page 3 of 30 developed recreation areas. BLM Colorado focuses recreation on the visitors' freedom to choose where to go and what to do. More than one-quarter of BLM lands in Colorado are managed specifically for recreation and tourism. About six million visitors per year come to BLM Colorado lands to hike, mountain bike, whitewater raft, camp, and fish. The Gunnison Field Office (GFO) is responsible for the management and stewardship of more than 600,000 acres of public land in the upper Gunnison River Basin of southwestern Colorado.

Collaborating with a number of public and private partners, GFO’s management and staff guide the protection and sustainable use of a wide variety of public resources. Ecosystems within the GFO range from dry sagebrush steppes at

7,000 feet to forests of aspen, ponderosa pine, Douglas fir, lodge pole pine, Engelmann spruce, and subalpine fir to alpine tundra meadows that reach to over 14,000 feet. GFO is also responsible for the Alpine Loop—a byway that travels through Ouray, Lake City and Silverton—adding 50,000 acres to its territory.

Wet meadows and riparian areas occupy a small proportion of the sagebrush ecosystem in the Gunnison Basin, yet provide critically important habitat for many species. These mesic areas, in an otherwise semi-arid climate, are vital to the life cycle of the federally threatened Gunnison sage-grouse, providing important brood-rearing habitat for the grouse to raise their young chicks. These meadows also provide important food and cover for insects, pollinators, neo-tropical migratory birds, mule deer, elk, and forage for domestic livestock. Wet meadows and riparian areas also serve as natural sponges to hold water in the soil, slowly releasing it after runoff events, ensuring continued base flows and maintenance of water tables throughout the growing season. Holding water in these systems later into the summer season and during droughts benefits plants, wildlife, and ranchers.

Many riparian areas and wet meadows in the Gunnison Basin have been degraded by erosion and past land uses, resulting in incised gullies and lowered water tables. Intense episodic droughts, such as the one in 2002, have exacerbated these problems. As temperatures continue to rise, droughts and intense runoff events that increase erosion are likely to become more frequent.

If these already uncommon habitats degrade further, the many plants and animals that depend on them will suffer, including the Gunnison sage-grouse.

Since only about 5,000 of these birds remain in the world, they cannot withstand more loss of this important habitat. Degraded riparian areas and wet meadows also pose challenges to ranchers, who are already experiencing other pressures.

BLM Colorado seeks a cooperator to assist with restoration of critical habitats in the Gunnison Basin to enhance resiliency and adapt to change. GFO along with federal partners, state and local agencies, nonprofit organizations, colleges and universities, local ranchers and landowners have created partnerships to enhance ecosystem resilience of riparian areas and wet meadows by restoring their hydrologic and ecological function. Various restoration techniques have been identified as best practices to help slow down water during flow events, BLM-CO: Gunnison Basin Wet Meadow and Climate Adaptation Project Page 4 of 30 raise water tables, reduce erosion, stabilize head cuts, reduce impacts of wildlife and cattle trailing, reconnect channels to floodplains, and increase cover of wetland plants.

Some restoration techniques that have been employed were designed by Bill

Zeedyk, co-author of the book, Let the Water do the Work: Induced

Meandering: An Evolving Method for Restoring Incised Channels (2014). The treatments work to raise the water table, re-connect the stream channel to the floodplain, restore livestock and wildlife compacted trails, and increase wetland plant cover. The structures capture sediments, hold/spread water, and allow water to infiltrate into the soil, thus enabling wetland plant species to expand.

Restoration techniques include grade control structures (one rock dam and low water crossing), flow dispersal structures (media luna, low water crossing, plug and spread, and filter dam) and headcut control structures (Zuni bowl, rock rundown, log and fabric, and layback). Most of the structures were hand-constructed with rocks; several other techniques were used depending on site conditions and objectives. For example, the drift fence was used to reduce wildlife and cattle trailing in meadows. To date, approximately 140 acres with over 1,000 structures along 21 stream miles in eight watersheds, enhancing over

1,000 acres of Gunnison sage-grouse brood-rearing habitat. BLM Colorado seeks to continue a variety of restoration activities along the Gunnison Basin through this funding opportunity.

b. Objectives: The objective of this funding opportunity announcement is to collaborate with a cooperator to accomplish the following:

Increase ecosystem resilience by restoring hydrologic function of wet meadow and riparian habitats at a scale large enough to help the Gunnison sage-grouse, other sagebrush dependent wildlife and ranchers who depend on these habitats for their livelihoods;

Build a sustainable and enduring program to increase restoration across the

Gunnison Basin;

Ensure scientific rigor of this project through a long-term monitoring program

Develop and evaluate cost-effective tools, methods, and planning to help scale up the project.

Share best practices and lessons learned to encourage application of methods within and outside the Basin, particularly in Gunnison and Greater sage-grouse habitats in the West.

c. Public Benefit: This project will benefit the public by restoring degraded meadows and wetlands used by Gunnison sage-grouse, elk, deer, salamanders, and neo-tropical migratory birds. Ranchers depend on these ecosystems for their livelihoods, as they provide forage and water for domestic livestock.

Restoring these ecosystems enables the Gunnison sage-grouse, a threatened species, to increase its population of approximately 5,000 birds. The public has

BLM-CO: Gunnison Basin Wet Meadow and Climate Adaptation Project Page 5 of 30 entrusted the BLM Colorado to protect, restore, and enhance these ecosystems for current and future generations. Seventy-five percent of Gunnison sage-grouse reside within the Gunnison Field Office, and the public depends on proper land management to help these terrestrial species survive especially in light of climate change. These ecosystems also sustain winter habitat for deer and elk populations. Local residents of Gunnison and Saguache counties, in addition to other Coloradans hunt deer and elk, supporting the local economy.

This project will maintain water quality and prolong base flow conditions in the

Upper Gunnison Basin.

3. Program/Project Performance Goals

Project performance goals will be met by the end of each calendar year. The list below summarizes the workload measures to be accomplished during the period of performance.

These workload measures may be adjusted annually to accommodate for fluctuating budgets and staffing, or other factors such as weather and maintenance needs before new construction. Recipient will also inform the BLM if work will not be completed at a project area so arrangements can be made. Vegetation monitoring will occur for up to five years to determine if structures have effectively expanded obligate and facultative vegetation. Recipient will also assist the BLM in monitoring the efficacy of structures one growing season after installation.

Conduct public outreach through interpretation and environmental education through programming and/or events.

Conduct weed treatments to improve habitats for wildlife and increase wetland plant cover with native species.

Apply lake and wetland treatments to control run-off, decrease erosion, and improve water quality.

Implement stream restoration techniques to include grade control, flow dispersal, and head control structures.

Enhance wetland, stream, and riparian areas.

Monitor wetland and riparian habitats areas.

B. FEDERAL AWARD INFORMATION

1. Award Instrument In accordance with the Legislative Authority, a cooperative agreement will be used and substantive Bureau of Land Management (BLM) involvement will consist of the following: The BLM Program Officer (PO) will collaborate with the recipient's

Project Manager/Principal Investigator (RPM/PI) to manage all stages of project development, implementation, and evaluation. Responsibility for project management, control, and direction will be shared by the recipient and the BLM, however the BLM will have the right to intervene by modifying the project management plan if the project is not staying on schedule and/or technical issues arise.

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2. Expected Number of Awards

One (1) Cooperative Agreement.

3. Expected Individual Award Amounts $ 27,000 in FY17

4. Total Funding Expected to be Awarded through this Announcement

$ 245,000

Funding is available through fiscal year 2017, with the option to add funding, if available, in subsequent fiscal years based on the Consolidated Appropriations Act passed each year by Congress and/or the enactment of Continuing Resolutions.

Applicant projects may be scalable with options for funding in future fiscal years.

Applicants are encouraged to seek funding based on the period of performance.

Incremental funding may be added to an initial award as available.

5. Anticipated Start Date September 2017

6. Anticipated Period of Performance (five (5) years maximum)

From: September 2017

To: September 2022

7. No Obligation to Award

The BLM is under no obligation to award funds for this project. Only BLM Grants

Management Officers (GMO) may obligate funds for financial assistance.

C. ELIGIBILITY INFORMATION

1. Eligible Applicants

The following types of entities are eligible to apply for award under this announcement. Failure to meet eligibility requirements will result in precluding the

BLM from making an award. Eligible applicant types are:

• Unrestricted, anyone may apply

2. Cost Sharing or Matching

This program has no cost sharing or matching requirements if project will involve

BLM-owned lands pursuant to the Federal Land Policy and Management Act.

If the agreement is issued under the Wyden Amendment, then there may be cost sharing or matching required. As may be determined per 16 USC §1011(c)(1)(D), which provides for the sharing of costs of implementing the agreement among the

Federal Government, the landowner, and other entities, as mutually agreed on by the affected interests. Agreements issued under the Wyden Amendment may include non-public lands.

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D. APPLICATION AND SUBMISSION INFORMATION

1. Application Package This announcement includes all information, documents, and electronic addresses needed to submit an application through www.Grants.gov. Paper copies may be requested by contacting the individual(s) listed on the application coversheet.

2. DUNS Number and SAM Registration

Each applicant (unless the applicant is an individual or Federal awarding agency that is excepted from those requirements under 2 CFR § 25.110(b) or (c), or has an exception approved by the Federal awarding agency under 2 CFR § 25.110(d)) is required to:

a. Provide a valid DUNS number (Dun & Bradstreet Universal Numbering

System) on its application. DUNS numbers are nine-digit numbers established and assigned by Dun and Bradstreet, Inc. (D&B) to uniquely identify business entities. DUNS numbers may be obtained free of charge from Dun &

Bradstreet, Inc., at: http://fedgov.dnb.com/webform or by calling them at (877)

930-5228.

b. Be registered in SAM (System for Award Management, www.SAM.gov) before submitting its application. SAM is the Official U.S. Government system that consolidated the capabilities of CCR/FedReg, ORCA, and EPLS. There is no fee to register at this site. Register in the System for Award Management

(SAM) at: http://www.sam.gov.

c. Continue to maintain an active SAM registration with current information at all times during which the applicant has an active Federal award or an application or plan under consideration by a Federal awarding agency.

3. The Application Package

Applications must include all required Standard Forms (SF) shown below, a Proposal

(Attachment A), a Budget Detail (Attachment B), and a copy the applicant's approved federal agency Negotiated Indirect Cost Rate Agreement (NICRA), if applicable.

Non-governmental organizations that have not previously received award funds or have not had an active award within 3 (three) years must complete a Financial

Assistance Evaluation Questionnaire. A copy of the questionnaire may be requested by contacting the individual(s) listed on the application coversheet.

WHAT TO SUBMIT:

Form Name and Number

SF-424 Application for Federal Assistance

SF-424A Budget Information - Non-Construction Programs http://www.grants.gov/ http://fedgov.dnb.com/webform http://www.sam.gov/ http://www.sam.gov/

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Form Name and Number

SF-424B Assurances - Non-Construction Programs

Grants.gov Lobbying Form

Project Proposal (Attachment A to this document)

Budget Detail (Attachment B to this document)

Federal Agency-approved Negotiated Indirect Cost Rate

Agreement (NICRA), if applicable

Financial Assistance Evaluation Questionnaire (if applicable)

a. Project Proposal (Attachment A)

1) Attachment A is a suggested project proposal template and may be used when submitting your proposal. The proposal must be no longer than 15 pages, with a type-face no smaller than 11-point, and have at least one (1) inch margins on all sides. The 15 page limit includes all text, figures, references, and vitae, but does not include the Budget Detail (Attachment

B).

2) All proposals are confidential.

b. Budget Detail (Attachment B)

1) Use the Budget Detail form (Attachment B) to present the breakdown of your estimated costs by category needed to accomplish project activities.

Estimated costs should be described in sufficient detail so that they may be checked for reasonableness. Include a description of any cost share (cash, in-kind, etc.) listed. Lump sum costs are not acceptable in any category, without a detail breakdown of how the cost were arrived out. No profit or fees are allowable.

2) Budget details should be broken down into the following categories:

(a) Personnel Costs. Salaries or wages of employees working directly on this agreement project, indicate program manager and other key personnel by name and title. Other personnel may be indicated by title alone. For all positions, indicate salaries or wages and estimated hours or percent of time to be spent on the agreement.

(b) Fringe Benefit Costs. The costs of fringe benefits of employees working directly on this agreement project. Indicate rates/amounts, what costs are included in this category, and the basis of the rate computations. Federally approved rate agreements are acceptable for compliance with this item.

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(c) Travel Costs. The estimated costs for travel related to agreement activities. Include the purpose of trip, destination, number of persons traveling, length of stay, and all travel costs including airfare, per diem, lodging, and miscellaneous travel-related expenses.

For local travel, include mileage and rate of compensation. If applicable, indicate that the costs are per your organization's written travel policy. Current Federal per diem rates (the maximum allowances that federal employees are reimbursed for expenses incurred while on official travel) may be found at http://www.gsa.gov/portal/content/104877.

(d) Equipment Costs. Equipment is defined as expendable tangible personal property having a useful life of more than one (1) year and an acquisition cost of more than $5,000.00, or a value which reaches the capitalization threshold level established by the organization for financial statement purposes.

(e) Supply Costs. The costs of consumable supplies and materials to be used for agreement activities. List each item and quantity individually.

(f) Contractual Costs. Include estimated costs of proposed professional and technical consultants and contractors participating on the project.

Identify all work that will be accomplished, including a breakdown of all tasks to be completed, and a detailed budget estimate of time, rates, supplies, and materials that will be required for each task. Any changes or additions will require a request for approval.

Procurement procedures must comply with 2 CFR Parts 200.317 through 200.326.

(g) Construction Costs. The cost of any construction directly related to the project activities.

(h) Other Costs. The cost of items not listed above and which do not fit in any other category, such as the cost of duplicating and printing, equipment rental, postage, etc. No profit or fee will be allowed.

(i) Total Direct Costs. The sum of categories (a) through (h).

(j) Indirect Costs.

(1) If indirect costs will be charged to the project, complete this section and show the proposed rate, cost base, and proposed amount for allowable indirect costs. It is not acceptable to simply incorporate indirect rates within other direct cost line items.

http://www.gsa.gov/portal/content/104877

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(2) Include a copy of any federally approved negotiated indirect cost rate agreement (NICRA).

(3) If your organization has never had a NICRA, the BLM Grants

Management Officer (GMO) may allow an indirect cost rate of up to 10% of your base modified total direct costs (MTDC).

MTDC includes all salaries and wages, fringe benefits, materials and supplies, services, travel, and subgrants and subcontracts up to the first $25,000 of each. Include the computational basis for the indirect expense pool and corresponding allocation base for your rate.

(4) Information on obtaining a NICRA, "Preparing and Submitting

Indirect Cost Proposals," is available from the Department of the Interior, National Business Center, Indirect Cost Section, at http://www.aqd.nbc.gov/services/ICS.aspx.

(k) Total Costs. The total of both direct and indirect costs estimated to be expended on this agreement's activities.

4. Submission Dates and Times

See announcement cover sheet for the deadline (date and time) for submission of applications. Applications must be received by the BLM prior to the posted deadline.

Any application received after the deadline for submission may not be considered for award unless it can be determined the delay was caused by Federal government mishandling.

5. Application Submission via www.grants.gov

The Bureau of Land Management participates in the Grants.gov initiative which provides the Grant Community with a single website, www.grants.gov, to search for and apply for all federal grant opportunities.

a. All applicants should register at www.Grants.Gov and all applications should be submitted electronically through www.Grants.gov unless other arrangements are made and approved of in advance of the submission deadline. If you have any questions or problems with the registration or application submission process, contact the Grants.gov Help Desk at 1-800-518-4726, or go to http://www.grants.gov/web/grants/support/technical-support/troubleshooting.html for online help.

b. Applications submitted through www.Grants.gov are considered to be electronically signed applications.

E. APPLICATION REVIEW INFORMATION

http://www.aqd.nbc.gov/services/ICS.aspx http://www.grants.gov/ http://www.grants.gov/ http://www.grants.gov/ http://www.grants.gov/ http://www.grants.gov/web/grants/support/technical-support/troubleshooting.html http://www.grants.gov/web/grants/support/technical-support/troubleshooting.html http://www.grants.gov/

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A total of 100 points will be used to score each proposal received. The scores assigned to each criteria in the second level evaluation correspond to their relative importance.

Proposals will be evaluated, scored, and ranked by appropriate BLM Staff expert in the program's field of study.

The Government reserves the right to reject any and all proposals which do not meet the requirements of this funding opportunity announcement and which are determined to be outside the scope of the authority under which this announcement is posted.

Award will be made to responsive, responsible applicants submitting proposals which conform to the funding opportunity announcement and are most advantageous to the

Government considering the evaluation factors listed below.

The evaluation process will be comprised of the following three screening levels:

1. First Level Screening --Basic Eligibility

a. Applications will be screened by the Grants Management Officer to ensure that applications meet basic eligibility requirements. Depending on the specifics of the opportunity, screening may include, but is not limited to, the following:

1) Program and/or legislative authority requirements are met;

2) Submission is timely;

3) Complete and properly executed SF-424 application package documents

(see D. APPLICATION AND SUBMISSION INFORMATION) are included;

b. Applications must satisfy basic eligibility screening requirements to be considered for further review.

2. Second Level Evaluation -- Merit Review Evaluation

a. Merit Review Evaluation. Eligible applications will be evaluated in an objective and unbiased manner using the following merit review criteria using numerical scoring based on a 100 point maximum score.

1) Objective (Maximum score 15/100 Points):

Describe your mission and objectives.

Describe how these objectives support your mission.

2) Technical Approach (Maximum score 25/100 Points):

Describe the techniques, processes, methodologies to be used.

Describe how data collection, analysis, and means of interpretation will be accomplished.

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Describe how the proposed objectives will be achieved within the proposed period of performance (POP).

Describe significant goals or milestones and how they will be measured.

Describe tasks and relationships of partners, if applicable.

3) Public Benefit (Maximum score 10/100 Points):

Describe how this project benefits the general public.

4) Qualifications and Past Performance (Maximum score 50/100 Points):

List key project personnel and their contact information.

Describe key personnel responsibilities, time to be dedicated to the project, and how their experience and qualifications are appropriate to success of the project.

List contractors, if known, and their qualifications.

Describe any unique qualifications which support being awarded assistance for this project, such as continuation of the proposed project, technical expertise, cost-sharing ability, etc.

3. Third Level Review Pre-award Clearance and Approvals

Following the described review process, BLM will also complete a business evaluation and determination of responsibility. During these evaluations the Grants

Management Officer will evaluate variables such as:

a. Risk Management. The BLM uses a risk-based approach to evaluate the risk posed by the supporting applicants’ projects before it awards Federal funds.

1) BLM is required to review information available through OMB-designated eligibility and/or financial integrity databases, such as the

Federal Awardee Performance and Integrity Information System

(FAPIIS). The BLM considers factors such as:

(a) Financial stability;

(b) Quality of management systems;

(c) History of performance managing Federal awards, timeliness of compliance with reporting requirements, conformance to the terms and conditions of previous Federal awards, etc.;

(d) Reports and findings from audits performed; and

(e) The applicant’s ability to effectively implement statutory, regulatory, or other requirements imposed on non-Federal entities.

2) Budget review is based on the following:

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(a) Budget line items must be allowable, allocable, reasonable in price, and appropriate for the level of effort needed to accomplish the project

(b) Budget details and narrative must provide adequate explanation of, and justification for, each estimated cost

(c) Requested equipment must be justified and necessary for completion of the project

(d) Cost Sharing/Matching funds must not come from Federal funds

If the results of all pre-award reviews and clearances are satisfactory, an award of funding will be made once the agreement is finalized. If the BLM determines that a

Federal award will be made, special conditions that correspond to the degree of risk assessed may be applied to the Federal award

If the results of pre-award reviews and clearances are unsatisfactory, consideration of funding for the project may be withdrawn.

4. Application Selection Process

a. Applications eligible for merit review will be evaluated by an ad hoc evaluation team assembled to review, rate, rank, and recommend applications for award using the above evaluation criteria. Evaluation teams are made up of two or more qualified personnel familiar with the program and who have been certified to have no conflict of interest with any persons or organizations applying for award.

b. Reviews are treated as confidential documents. Once award decisions are made, applicants may request in writing a written summary of the evaluation of their application/proposal.

F. FEDERAL AWARD ADMINISTRATION INFORMATION

1. Federal Award Notices

a. Any award made from this announcement will be based on the application submitted to, and as approved by, the Department of the Interior, Bureau of

Land Management, and will be regulated by OMB's Uniform Guidance, 2 CFR

Part 200 Uniform Administrative Requirements, Cost Principles, and Audit

Requirements for Federal Awards.

b. Acceptance. Acceptance is defined as the start of work, drawing down of funds, or accepting the award via electronic means. Costs may not be incurred before the effective date listed on the award. Acceptance of a Federal Financial

Assistance award from the Department of the Interior, Bureau of Land http://www.ecfr.gov/cgi-bin/text-idx?SID=f575cf74b2713032873150bdb0dc01d4&node=2:1.1.2.2.1&rgn=div5#se2.1.200_1113 http://www.ecfr.gov/cgi-bin/text-idx?SID=f575cf74b2713032873150bdb0dc01d4&node=2:1.1.2.2.1&rgn=div5#se2.1.200_1113 http://www.ecfr.gov/cgi-bin/text-idx?SID=f575cf74b2713032873150bdb0dc01d4&node=2:1.1.2.2.1&rgn=div5#se2.1.200_1113

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Management, carries with it the responsibility to be aware of, and comply with, the administrative and national policy requirements and terms and conditions of

2. Reporting

Periodic submission of Federal Financial reports (SF-425) and Performance/Progress reports will be required under this financial assistance agreement. Submission of financial and performance/progress reports may be required either quarterly, semi-annually, or annually.

3. Administrative and National Policy Requirements

a. Office of Management and Budget Guidance for Grants and Agreements. By accepting additional Federal funding under the current Federal assistance, your organization agrees to abide by the applicable OMB Guidance for Grants and

Agreement in the expenditure of Federal funds and performance under this program. OMB guidance is available at the following web site:

http://www.ecfr.gov/cgi-bin/text-idx?SID=954b81d94bf127c6de3c76a3c99d8d9f&tpl=/ecfrbrowse/Title02/2subt itleA.tpl

b. Administrative Requirements.

1) 2 CFR Part 200 Subparts A through D - Uniform Administrative

Requirements and Cost Principles.

2) 2 CFR Part 200 Subpart F - Audit Requirements. Non-Federal entities that expend $750,000.00, or more, in federal awards in a single year shall have a single or program-specific audit conducted for that year in accordance with the Single Audit Act Amendments of 1996 (31 U.S.C. 7501-7507) and revised OMB Circular A-133, available at:

http://www.whitehouse.gov/omb/circulars_default.

3) Indirect Facilities and Administration (F&A) Costs.

(a) 2 CFR Part 200.414 - Indirect (F&A) Costs

(b) 2 CFR, Appendix III to Part 200 - Indirect (F&A) Costs Identification and Assignment, and Rate Determination for Institutions of Higher

Education (IHEs)

(c) Appendix IV to Part 200 - Indirect (F&A) Costs Identification and

Assignment, and Rate Determination for Nonprofit Organizations

(d) Appendix V to Part 200 - State/Local Government-wide Central

Service Cost Allocation Plans http://www.ecfr.gov/cgi-bin/text-idx?SID=954b81d94bf127c6de3c76a3c99d8d9f&tpl=/ecfrbrowse/Title02/2subtitleA.tpl http://www.ecfr.gov/cgi-bin/text-idx?SID=954b81d94bf127c6de3c76a3c99d8d9f&tpl=/ecfrbrowse/Title02/2subtitleA.tpl http://www.ecfr.gov/cgi-bin/text-idx?SID=954b81d94bf127c6de3c76a3c99d8d9f&tpl=/ecfrbrowse/Title02/2subtitleA.tpl http://www.ecfr.gov/cgi-bin/text-idx?SID=704835d27377ef5213a51c149de40cab&node=2:1.1.2.2.1&rgn=div5 http://www.ecfr.gov/cgi-bin/text-idx?SID=704835d27377ef5213a51c149de40cab&node=2:1.1.2.2.1&rgn=div5#sp2.1.200.f http://www.whitehouse.gov/omb/circulars_default http://www.ecfr.gov/cgi-bin/text-idx?SID=704835d27377ef5213a51c149de40cab&node=2:1.1.2.2.1&rgn=div5#se2.1.200_1414 http://www.ecfr.gov/cgi-bin/text-idx?SID=704835d27377ef5213a51c149de40cab&node=2:1.1.2.2.1&rgn=div5#ap2.1.200_1521.iii http://www.ecfr.gov/cgi-bin/text-idx?SID=704835d27377ef5213a51c149de40cab&node=2:1.1.2.2.1&rgn=div5#ap2.1.200_1521.iii http://www.ecfr.gov/cgi-bin/text-idx?SID=704835d27377ef5213a51c149de40cab&node=2:1.1.2.2.1&rgn=div5#ap2.1.200_1521.iii http://www.ecfr.gov/cgi-bin/text-idx?SID=704835d27377ef5213a51c149de40cab&node=2:1.1.2.2.1&rgn=div5#ap2.1.200_1521.iv http://www.ecfr.gov/cgi-bin/text-idx?SID=704835d27377ef5213a51c149de40cab&node=2:1.1.2.2.1&rgn=div5#ap2.1.200_1521.iv http://www.ecfr.gov/cgi-bin/text-idx?SID=704835d27377ef5213a51c149de40cab&node=2:1.1.2.2.1&rgn=div5#ap2.1.200_1521.v http://www.ecfr.gov/cgi-bin/text-idx?SID=704835d27377ef5213a51c149de40cab&node=2:1.1.2.2.1&rgn=div5#ap2.1.200_1521.v

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(1) The provisions of 2 CFR 200.414(c) require Federal agencies to accept federally negotiated indirect cost rates. The BLM has applied the following policies, procedures and general decision-making criteria for deviations from negotiated Indirect

Cost Rates for financial assistance programs and agreements.

(2) Distribution Basis. For all deviations to the Federal negotiated indirect cost rate, including statutory, regulatory, programmatic, and voluntary, the basis of direct costs against which the indirect cost rate is applied must be:

(i) The same base identified in the recipient’s negotiated indirect cost rate agreement, if the recipient has a federally negotiated indirect cost rate agreement; or

(ii) The Modified Total Direct Cost (MTDC) base in cases where the recipient does not have a federally negotiated indirect cost rate agreement or, with prior approval of the

Awarding Agency, when the recipient's federally negotiated indirect cost rate agreement base is only a subset of the MTDC (such as salaries and wages) and the use of the MTDC still results in an overall reduction in the total indirect cost recovered. MTDC is the base defined by 2 CFR 200.68, "Modified Total Direct Cost

(MTDC)."

(iii) In cases where the recipient does not have a federally negotiated indirect cost rate agreement, under no circumstances will the Department use a modified rate based upon Total Direct Cost or other base not identified in the federally negotiated indirect cost rate agreement or defined within 2 CFR 200.68. The purpose of this restriction is to ensure that the reduced rate is applied against a base that does not include any potentially distorting items (such as pass-through funds, subcontracts in excess of $25,000, and participant support costs) and is based on the requirements outlined in 2 CFR 200.68; 2

CFR 200.414(f); 2 CFR 200 Appendix III, Section C.2.; 2

CFR 200 Appendix IV, Section B.3.f.; and Appendix VII, Section C.2.c.

(3) Indirect Cost Rate Reductions Used as Cost-Share. Instances where the recipient elects to use a rate lower than the federally negotiated indirect cost rate, and uses the balance of the unrecovered indirect costs to meet a cost-share or matching requirement required by the program and/or statute, are not

BLM-CO: Gunnison Basin Wet Meadow and Climate Adaptation Project Page 16 of 30 considered a deviation from 2 CFR 200.414(c) as the federally negotiated indirect cost rate is being applied under the agreement in order to meet the terms and conditions of the

c. Program Legislation and/or Regulations.

4. Standard Award Terms and Conditions

a. Code of Federal Regulations/Regulatory Requirements, as applicable (contact your program officer with any questions regarding the applicability of the following):

1) 2 CFR Part 25, Universal Identifier and System of Award Management

2) 2 CFR Part 170, Reporting Subawards and Executive Compensation

3) 2 CFR Part 175, Award Term for Trafficking in Persons

4) 2 CFR Part 180 & 2 CFR Part 1400, Government-wide Debarment and

Suspension (Non-procurement)

4) 2 CFR Part 182 & 2 CFR Part 1401, Requirements for Drug-Free

Workplace (Financial Assistance)

5) 43 CFR 18, New Restrictions on Lobbying: Submission of an application also represents the applicant’s certification of the statements in 43 CFR

Part 18, Appendix A, Certification Regarding Lobbying.

6) 41 USC §4712, Pilot Program for Enhancement of Recipient and Sub-recipient Employee Whistleblower Protection: This requirement applies to all awards issued after July 1, 2013 and shall be in effect until January 1, 2017.

7) 41 USC §6306, Prohibition on Members of Congress Making Contracts with Federal Government: No member of or delegate to the United States

Congress or Resident Commissioner shall be admitted to any share or part of this award, or to any benefit that may arise therefrom; this provision shall not be construed to extend to an award made to a corporation for the public’s general benefit.

8) Executive Order 13513, Federal Leadership on Reducing Text Messaging while Driving: Recipients are encouraged to adopt and enforce policies that ban text messaging while driving, including conducting initiatives of the type described in section 3(a) of the order.

9) Executive Order 13043 , Increase Seat Belt Use in the United States

Recipients of grants/cooperative agreements and/or sub-awards are encouraged to adopt and enforce on-the-job seat belt use policies and programs for their employees when operating company-owned, rented, or personally owned vehicles. These measures include, but are not limited to, conducting education, awareness, and other appropriate programs for http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title02/2cfr25_main_02.tpl http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title02/2cfr170_main_02.tpl http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title02/2cfr175_main_02.tpl http://www.ecfr.gov/cgi-bin/text-idx?SID=1e0f4f32a5a2f6136b4784be8f96f343&mc=true&node=pt2.1.180&rgn=div5 http://www.ecfr.gov/cgi-bin/text-idx?SID=74f91e8c85c28667e39572636b821d9a&tpl=/ecfrbrowse/Title02/2chapterXIV.tpl http://www.ecfr.gov/cgi-bin/text-idx?SID=c5dcdf6111fd65fdf6b38e2d59a93b6a&mc=true&node=pt2.1.182&rgn=div5 http://www.ecfr.gov/cgi-bin/text-idx?SID=b7542f5c74f31abe396769b00c9b6701&tpl=/ecfrbrowse/Title02/2chapterXIV.tpl http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title43/43cfr18_main_02.tpl http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&SID=3c84a6bc95b634bb2fbe00af8b34d364&rgn=div9&view=text&node=43:1.1.1.1.18.6.124.3.9&idno=43 http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&SID=3c84a6bc95b634bb2fbe00af8b34d364&rgn=div9&view=text&node=43:1.1.1.1.18.6.124.3.9&idno=43 http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&SID=3c84a6bc95b634bb2fbe00af8b34d364&rgn=div9&view=text&node=43:1.1.1.1.18.6.124.3.9&idno=43 http://www.gpo.gov/fdsys/pkg/USCODE-2012-title41/pdf/USCODE-2012-title41-subtitleI-divsnC-chap47-sec4712.pdf http://www.gpo.gov/fdsys/pkg/USCODE-2011-title41/html/USCODE-2011-title41-subtitleII-chap63-sec6306.htm http://www.whitehouse.gov/the_press_office/Executive-Order-Federal-Leadership-on-Reducing-Text-Messaging-while-Driving/ http://www.gpo.gov/fdsys/pkg/WCPD-1997-04-21/pdf/WCPD-1997-04-21-Pg530.pdf

BLM-CO: Gunnison Basin Wet Meadow and Climate Adaptation Project Page 17 of 30 their employees about the importance of wearing seat belts and the consequences of not wearing them.

10) Executive Order 13658, Minimum Wage for Contractors, seeks to increase the efficiency and cost savings in the work performed by parties who contract with the Federal Government by increasing the hourly minimum wage paid by those contractors and any subcontractors. (see 79 CFR

9851).

11) Scientific integrity is vital to Department of the Interior (DOI) activities under which scientific research, data, summaries, syntheses, interpretations, presentations, and/or publications are developed and used.

Failure to uphold the highest degree of scientific integrity will result not only in potentially flawed scientific results, interpretations, and applications but will damage DOI's reputation and ability to uphold the public's trust. All work performed must comply with the DOI Scientific

Integrity Policy posted to http://www.doi.gov, or its equivalent as provided by their organization or State law. For more information go to

URL: https://www.doi.gov/scientificintegrity.

12) Prohibition on Issuing Financial Assistance Awards to Entities that

Require Certain Internal Confidentiality Agreements

Section 743 of Division E, Title VII of the Consolidated and Further

Continuing Resolution Appropriations Act of 2015 (Pub. L. 113-235) prohibits the use of funds appropriated or otherwise made available under that or any other Act for grants or cooperative agreements to an entity that requires employees or contractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a federal department or agency authorized to receive such information.

Recipients must not require their employees or contractors seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a federal department or agency authorized to receive such information.

Recipients must notify their employees or contractors that existing internal confidentiality agreements covered by this condition are no longer in effect.

b. Funding.

1) Awards shall be funded subject to availability of BLM funding. Initial funding does not guarantee additional funding in subsequent years.

https://www.federalregister.gov/executive-order/13658 https://www.federalregister.gov/executive-order/13658 http://www.doi.gov/ https://www.doi.gov/scientificintegrity

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2) Once the grant or cooperative agreement is signed by a BLM Grants

Management Officer (GMO), funding is obligated and the recipient may incur approved costs beginning on the effective date of the award and as specified in their submitted and approved budget.

c. Payment Mechanism. Payment will be made by draw-down reimbursement through the Department of the Treasury, Automated Standard Application for

Payment (ASAP) System. See following website:

http://www.fms.treas.gov/asap Treasury Circular 1075 (31 CFR 205) requires that draw-downs to a recipient organization shall be limited to the minimum amounts needed and shall be timed to be in accordance with the actual, immediate cash requirements of the recipient organization in carrying out the purposes of the approved program or project. The timing and amount of cash advances shall be as close as is administratively feasible to the actual disbursements by the recipient organization for direct program or project costs and the proportionate share of any allowable indirect costs

d. Conflicts of Interest. The Recipient must establish safeguards to prohibit its employees and sub-recipients from using their positions for purposes that constitute or present the appearance of a personal or organizational conflict of interest. The Recipient is responsible for notifying the Grants Management

Officer (GMO) in writing of any actual or potential conflicts of interest which may include, but are not limited to, direct or indirect financial interests, close personal relationships, positions of trust in outside organizations, consideration of future employment arrangements with a different organization, or decision-making affecting the award that would cause a reasonable person with knowledge of the relevant facts to question the impartiality of the recipient and/or recipient's employees and sub-recipients in the matter.

5. Special Award Terms and Conditions:

a. Liability, Insurance, and Indemnification. Recipients of awards arising from this announcement will be required to agree to the following:

1) Liability. The BLM assumes no liability for any actions or activities conducted under this agreement except to the extent that recourse or remedies are provided by Congress under the Federal Tort Claims Act, 28

USC 2671.

2) Insurance. The recipient will be required to (1) obtain liability insurance or (2) demonstrate present financial resources in an amount determined sufficient by the Government to cover claims brought by third parties for death, bodily injury, property damage, or other loss resulting from one or more identified activities carried out in connection with this financial assistance agreement.

http://www.fms.treas.gov/asap

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3) Insured. The federal government shall be named as an additional insured under the recipient's insurance policy.

4) Indemnification. The recipient hereby agrees:

(a) To indemnify the federal government, Bureau of Land Management

(BLM), from any act or omission of the recipient, its officers, employees, or (members, participants, agents, representatives, as appropriate) (1) against third party claims for damages arising from one or more activities carried out in connection with this financial assistance agreement and (2) for damage or loss to government property resulting from such an activity, to the extent the laws of the

State where the recipient is located permit. This obligation shall survive the termination of this agreement.

(b) To purchase public and employee liability insurance at its own expense from a responsible company or companies with a minimum limitation of one million dollars ($1,000,000.00) per person for any one claim, and an aggregate limitation of three million dollars

($3,000,000.00) for any number of claims arising from any one incident. The policies shall name the United States as an additional insured, shall specify that the insured shall have no right of subrogation against the United States for payments of any premiums or deductibles due thereunder, and shall specify that the insurance shall be assumed by, be for the account of, and be at the insured's sole risk. Prior to beginning the activities authorized herein, the recipient shall provide the BLM with confirmation of such insurance coverage. Each policy shall have a certificate evidencing the insurance coverage and identifying the assistance agreement number.

(c) To pay the United States the full value for all damage to the lands or other property of the United States caused by the recipient, its officers, employees, or (members, participants, agents, representatives, agents as appropriate).

(d) To provide workers' compensation protection to the recipient’s officers, employees, and representatives.

(e) To cooperate with the BLM in the investigation and defense of any claims that may be filed with the BLM arising out of the activities of the recipient, its agents, and employees.

(f) In the event of damage to or destruction of the buildings and facilities assigned for the use of the recipient in whole or in part by any cause whatsoever, nothing herein contained shall be deemed to require the BLM to replace or repair the buildings or facilities. If the

BLM determines in writing, after consultation with the recipient that

BLM-CO: Gunnison Basin Wet Meadow and Climate Adaptation Project Page 20 of 30 damage to the buildings or portions thereof renders such buildings unsuitable for continued use by the recipient, the BLM shall assume sole control over such buildings or portions thereof. If the buildings or facilities rendered unsuitable for use are essential for conducting operations authorized under this agreement, then failure to substitute and assign other facilities acceptable to the recipient will constitute termination of this agreement by the BLM.

(e) Flow-down. For the purposes of this clause, "recipient" includes such sub-recipients, contractors, or subcontractors as, in the judgment of the recipient and subject to the Government's determination of sufficiency, have sufficient resources and/or maintain adequate and appropriate insurance to achieve the purposes of this clause.

(f) Identified Activities. All activities carried out in connection with financial assistance arising from this funding opportunity announcement.

b. Recipients must successfully complete an appropriate Defensive Driving Course before operating a Government-owned vehicle (GOV).

c. Recipients must successfully complete appropriate safety and training requirements before operating Government-owned equipment, 4-wheel all-terrain vehicles (ATV) or other Government-furnished property (GFP).

d. Recipient/Sub-recipient Personnel Security and Suitability Requirements.

1) If performance of this grant/cooperative agreement requires recipient/sub-recipient personnel to have a Federal government-issued personal identification card before being allowed unsupervised access to a DOI facility and/or…