Foa_Content_of_F23AS00078.pdf

U.S. Fish and Wildlife Service

FWS - Fisheries https://www.fws.gov/program/national-fish-passage

F23AS00078 National Fish Passage Program Bipartisan Infrastructure Law Fiscal Year 2023 Fiscal Year: 2023

F23AS00078

Due Date for Applications: 12/31/2023

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

Awards are authorized per the Fish and Wildlife Coordination Act (16 U.S.C. §661) and the Infrastructure Investment and Jobs Act (Pub. L. 117-58, 135 Stat. 429-1467).

A2. Assistance Listing Number

15.685 A3. Background, Purpose and Program Requirements

The Infrastructure Investment and Jobs Act of 2021 (Pub. L. 117-58, November 15, 2021, “Bipartisan Infrastructure Law,” or “BIL”) provided $200 million for Federal Fiscal Years (FY) 2022 to 2026 to the U.S. Fish and Wildlife Service’s (Service) National Fish Passage Program (NFPP). This funding opportunity announcement outlines the criteria and process to select projects for NFPP BIL FY2023 funding. The total amount of funding available in this funding opportunity announcement for FY 2023 is up to $38 million. The FY 2023 funding will be implemented in alignment with the priorities in Executive Order 14052, Implementation of the Infrastructure Investment and Jobs Act (86 FR 64355).

The NFPP is a voluntary program that provides direct technical and financial assistance to partners to remove instream barriers and restore aquatic organism passage and aquatic connectivity for the benefit of Federal trust resources. In doing so, NFPP aims to maintain or increase fish populations to improve ecosystem resiliency and provide quality fishing experiences for the American people. Activities that restore fish passage also support the modernization of the country’s infrastructure such as road culverts, bridges, and water diversions contributing to enhanced community resilience to the impacts from climate change and other public safety hazards. NFPP funds a variety of project types including, but not limited to, dam removals, culvert replacements, floodplain restoration, and the installation of fishways.

The NFPP is delivered through the Fish and Aquatic Conservation Program (FAC) across all States and territories. FAC staff coordinate with project partners, stakeholders, and other Service programs to identify and collaboratively implement projects within regional priority areas.

Project work plans are developed strategically, in coordination with partners, and with substantial involvement from FAC staff. Projects must be based upon sound scientific principles, https://www.govinfo.gov/content/pkg/USCODE-2018-title16/pdf/USCODE-2018-title16-chap5A.pdf https://www.congress.gov/117/plaws/publ58/PLAW-117publ58.pdf https://www.federalregister.gov/documents/2021/11/18/2021-25286/implementation-of-the-infrastructure-investment-and-jobs-act advance the Service mission, and promote biological diversity. Applicants seeking funding under this program should contact the regional NFPP Coordinator that corresponds to the location of the project for additional information on regional priorities and coordination with FAC staff prior to applying for funding. Contacts are listed at end of this announcement.

A principal objective of the NFPP is to provide technical assistance to partners in support of projects that aim to restore aquatic organism passage through the removal of instream barriers.

We use our staff and cooperative partnerships to provide (1) information on habitat needs and methods for fish to bypass barriers; (2) technical engineering support to develop or review project designs and recommend the most cost-effective techniques; (3) assistance to partners in planning and prioritizing fish passage projects, (4) assistance in fulfilling environmental compliance requirements.

The NFPP prioritizes projects that will: (1) maximize benefits to priority species and habitats; (2) provide sustainable fish passage benefits; (3) contribute to or otherwise leverage regional or watershed priorities for habitat restoration, fish passage, or aquatic connectivity; (4) enhance community resilience to climate change, address other public safety hazards and generally, provide other co-benefits such as job creation or recreational fishing opportunities; (5) provide benefits to or engage with underserved and indigenous communities; and (6) be supported by partners, affected stakeholders, and the local community.

Activities proposed under this award may include project planning and feasibility studies, engineering and design, permitting, on-the-ground fish passage restoration, near-term implementation monitoring, project outreach, and capacity to manage these project-related activities. Applicants may apply for funding to support any of these activities however, priority will be given to applications that include on-the-ground construction which will occur during the award period. Proposals that focus on the removal of barriers will score higher in some evaluation criteria than proposals that focus on establishing passage around a barrier. Proposals may include multiple project sites throughout a watershed or other geographic area to maximize the contribution of largescale ecosystem restoration.

A4. Funding Opportunity Goals

The National Fish Passage program works to restore native fish and other aquatic species to self-sustaining levels by reconnecting habitats fragmented by barriers. The program also strives to deliver benefits to human communities through infrastructure improvements and other actions that increase resilience to climate change impacts.

B. Federal Award Information

B1. Total Funding

Estimated Total Funding $38,000,000

B2. Expected Award Amount

Maximum Award $2,000,000 Minimum Award $100,000

B3. Expected Award Funding and Anticipated Dates

Expected Award Funding $1,000,000 Expected Award Date June 01, 2023 The range for individual awards is expected to be between $100,000 and $2,000,000.

B4. Number of Awards

Expected Number of Awards

B5. Type of Award

Funding Instrument Type G - Grant CA - Cooperative Agreement O - Other PC - Procurement Contract NFPP uses cooperative agreements as the primary assistance instrument, but staff may also use grants, procurement instruments, inter or intra-agency agreements, or Cooperative Ecosystem Studies Units in accordance with Federal regulations. Projects are developed strategically, in coordination with partners, and with substantial involvement of FAC staff.

In the case of cooperative agreements, the Service participates and collaborates jointly with the recipient partner, volunteer, scientist, technician, or other personnel, in carrying out the scope of work including:

Training recipient personnel or detailing Federal personnel to work on the project effort;

Reviewing and approving one stage of work before the next stage can begin;

Reviewing and approving, prior to recipient action, proposed modifications or sub-awards;

Helping select project staff or trainees;

Directing or redirecting the work because of interrelationships with other projects;

Immediately halting an activity if detailed performance specifications are not met; and

Limiting recipient discretion with respect to scope of work, organizational structure, staffing, mode of operations, and other management process, coupled with close monitoring or operational involvement during performance under the award.

C. Eligibility Information

C1. Eligible Applicants

Eligible Applicants 00 – State governments 01 – County governments 02 – City or township governments 04 – Special district governments 05 – Independent school districts 06 – Public and State controlled institutions of higher education 07 – Native American tribal governments (Federally recognized) 08 – Public housing authorities/Indian housing authorities 11 – Native American tribal organizations (other than Federally recognized tribal governments) 12 – Nonprofits having a 501(c)(3) status with the IRS, other than institutions of higher education 13 – Nonprofits without 501(c)(3) status with the IRS, other than institutions of higher education 20 – Private institutions of higher education 21 – Individuals 22 – For profit organization other than small businesses 23 – Small businesses 25 – Others (see text field entitled “Additional Information on Eligibility” for clarification) 99 – Unrestricted (i.e. open to any type of entity above), subject to any clarification in the text field entitled "Additional Information on Eligibility" Additional Information on Eligibility For eligible applicants to receive funding, NFPP BIL projects must be developed and implemented in coordination with FAC staff. FAC Program staff work collaboratively with potential applicants to identify common conservation priorities and provide technical assistance to applicants in the generation and development of projects. To be eligible for this funding, potential applicants must work with their local FAC Program staff to ensure the eligibility of their project (see Section D2 for application submission process and Section E2 for project review and selection process). Applicants must ensure that activities occurring outside the United States, or its territories are coordinated as necessary with appropriate U.S. and foreign government authorities and that any necessary licenses, permits, or approvals are obtained prior to undertaking proposed activities. The Service does not assume responsibility for recipient compliance with the laws and regulations of the country in which the work is to be conducted.

C2. Cost Sharing or Matching

Cost Sharing / Matching Requirement No Percentage of Cost Sharing / Matching Requirement

C3. Other

Foreign Entities or Projects:

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

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

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

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

Excluded Parties:

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

D. Application and Submission Information

D1. Address to Request Application Package

To be considered for funding under this funding opportunity, projects must be developed with the Service region where the project is located. If you have a proposed project that meets the Application Review Information criteria (Section E1), please contact your NFPP Regional Coordinator (see Section G1 for contact information). NFPP Regional Coordinators serve as points of contact for eligible applicants wishing to initiate or continue the application process.

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

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., 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".

To be considered for NFPP BIL FY2023 funding, interested applicants must submit a Letter of Intent (LOI) via email to their respective NFPP Regional Coordinator by 11:59 p.m. Eastern Time on December 16, 2022 (see Section G1 for NFPP Regional Coordinator contact information). The LOI shall include a statement of interest in receiving funding under the NFPP BIL FY2023 funding opportunity announcement, the name and location of the project, a brief (1- 2 sentence) project description, requested funding amount, expected partners, and name and contact information of the interested applicant.

Prior to submitting an LOI, eligible applicants should contact their respective NFPP Regional 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

Coordinator or FAC program field staff to discuss how their project aligns with NFPP BIL, regional, and Service priorities. If applicants are already developing NFPP BIL projects in coordination with other FAC Program staff, applicants may continue to do so without coordinating directly with their NFPP Regional Coordinator. However, all applicants are required to submit an LOI by December 16, 2022. Eligible applicants shall continue to coordinate with and discuss project information relevant to the criteria listed in Section E1 with their field or regional FAC Program staff after submitting an LOI.

Applicants that have been selected for funding according to Section E2 Review and Selection Process will be notified in early 2023. Those applicants will be invited to submit full applications in GrantSolutions, due no later than 11:59 p.m. Eastern Time on December 31, 2023. Full applications must include the required standard forms, information, documentation, and statements, as described below. The Service will provide all required forms in the GrantSolutions announcement application kit, unless otherwise described below. Submission in GrantSolutions of forms requiring signature is the equivalent of a wet or digital signature.

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 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 the SF-424A “Contractual” category total, do not combine estimated subawards and contractual costs. Use the “Contractual” category to reflect estimated contractual costs only. 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).

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

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. For personnel salary costs, generally describe how estimates were determined by identifying what type of staff will support the project and how much time they will contribute to the project (in hours or workdays). Describe any proposed items of cost that require prior approval under the Federal award cost principles, including any anticipated subawarding, transferring, or contracting out of any work under the award. Provide a separate description and total estimated costs for both contractual and subaward costs. 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. The Department of the Interior’s Unmanned Aircraft web page provides a list of approved unmanned aircraft and related equipment and software.

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.

https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200#200.407 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200#200.407 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200#subpart-E https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/section-200.306 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-C/section-200.216 https://www.doi.gov/aviation/uas/fleet 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

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

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

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

USC §1352.

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 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-B/section-200.112 https://www.ecfr.gov/current/title-43/subtitle-A/part-18 https://www.govinfo.gov/content/pkg/USCODE-2019-title31/pdf/USCODE-2019-title31-subtitleII-chap13-subchapIII-sec1352.pdf https://www.govinfo.gov/content/pkg/USCODE-2019-title31/pdf/USCODE-2019-title31-subtitleII-chap13-subchapIII-sec1352.pdf https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/subject-group-ECFR86b76dde0e1e9dc/section-200.339 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-I/part-180 https://harvester.census.gov/facides/Account/Login.aspx https://harvester.census.gov/facides/Account/Login.aspx https://harvester.census.gov/facdissem/Main.aspx https://www.ecfr.gov/current/title-43/subtitle-A/part-18 https://www.ecfr.gov/current/title-43/subtitle-A/part-18 of the U.S. Congress, or an employee of a Member of the U.S. Congress connection with the award. Applicants and recipients must complete and submit the SF-LLL, “Disclosure of Lobbying Activities” form if the Federal share of the proposal or award is more than $100,000 and the applicant or recipient has made or has agreed to make any payment using non-appropriated funds for lobbying in connection with the application or award. The SF-LLL form is available with this Funding Opportunity on Grants.gov. See 43 CFR, Subpart 18.100 for more information on when additional submission of this form is required.

Overlap or Duplication of Effort Statement Applicants must provide a statement indicating if there is any overlap between this Federal application and any other Federal application, or funded project, in regard to activities, costs, or time commitment of key personnel. If no such overlap or duplication exists, state, “There are no overlaps or duplication between this application and any of our other Federal applications or funded projects, including in regard to activities, costs, or time commitment of key personnel”. If any such overlap exists, provide a complete description of overlaps or duplications between this 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. The Grants.gov “Register with https://www.grants.gov/web/grants/forms/post-award-reporting-forms.html https://www.grants.gov/web/grants/forms/post-award-reporting-forms.html https://www.gsa.gov/about-us/organization/federal-acquisition-service/office-of-systems-management/integrated-award-environment-iae/iae-systems-information-kit/unique-entity-identifier-update http://www.sam.gov https://www.grants.gov/help/html/help/Register/RegisterWithSAM.htm

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

D4. Submission Dates and Times

Due Date for Applications 12/31/2023 Application Due Date Explanation

Letters of Intent must be received via email to the appropriate NFPP Regional Coordinator by 11:59 p.m. Eastern Time on December 16, 2022 (see Section G1 for contact information). Full proposals (by invitation only) are due in GrantSolutions by 11:59 p.m. Eastern Time on December 31, 2023. See Section D2 Content and Form of Application Submission for more information.

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 https://www.grants.gov/help/html/help/Register/RegisterWithSAM.htm 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 renders all costs otherwise allocable as indirect costs unallowable under the award. Recipients may not shift unallowable indirect costs to another Federal award unless specifically authorized to do so by legislation.

Required Indirect Cost Statement to be submitted by Organization:

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

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

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

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

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

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

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

Attached is a copy of our current rate agreement.

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.

D7. Other Submission Requirements

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 with the following information:

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

Organization Employer Identification Number (Applicants that are INDIVIDUALS DO NOT include your social security number)

Address

Organizational details should match those in the organization’s SAM.gov registration. To establish organization official accounts and user role(s), complete a Recipient User Account Request Form for each official and email it to help@grantsolutions.gov. The GrantSolutions entity user roles are: Authorizing Official (ADO); Principal Investigator/Program Director (PI/PD); Support Specialist (GSS); Financial Officer (FO); and Financial Support Staff (FSS).

All roles can do the following: enter applications, amendments, and reports, view awards, and view and create notes. The ADO and the PI/PD roles can also submit applications, amendments, and reports. The FO role can also submit reports. At a minimum, registered organizations must assign someone to the ADO and PI/PD roles. For more information, see the GrantSolutions Recipient Training and FAQs web page. For GrantSolutions registration, submission, and other assistance contact their Customer Support by telephone at 1-866-577-0771 or by email at help@grantsolutions.gov.

E. Application Review Information

E1. Criteria

Reviewers will assign scores to proposals ranging from 0 to 100 points based on the following criteria and respective weights specified below. Applications that best address these criteria will be most competitive.

Ecological Benefits (Total of 45 points) Benefits to Priority Species and Habitats (20 points)

To what extent is the project expected to address, mitigate, or resolve limiting factors or otherwise contribute to the recovery or sustainability of priority species and their habitats? How significant is the expected impact of the project on the affected species and habitats? Does the project address components of established recovery, management, or state wildlife plans, if available for the species benefited?

o For the purposes of this NOFO, priority species include Federal trust species, Service regional priority species, as well as species that may be considered Tribal trust resources (as defined in 510 FW 1 The Service's Native American Policy).

o This may include number of stream miles reopened or acres of wetland habitat restored. If including number of stream miles reopened, please include an explanation of the geographic context or quality of the habitat to be reopened.

Is the project expected to benefit several priority species and a variety of life stages including passage to/ restoration of spawning, rearing, and/or foraging habitats?

To what extent is the project expected to enhance ecological resilience (the capacity to recover from or persist through disturbances or changes) for species and habitats vulnerable to climate change and extreme weather events?

mailto:help@grantsolutions.gov.

mailto:help@grantsolutions.gov.

https://www.fws.gov/policy/510fw1.html

Permanence of Fish Passage Benefits (10 points)

Are the fish passage benefits provided by the project expected to be sustainable into the future considering site and watershed characteristics and possible changing conditions?

Does the project aim to restore full fluvial function by adhering to acceptable design standards that support ecosystem processes or by proposing full barrier removal?

o Design guidance examples: USFWS Culvert Design Guidelines for Ecological Function, NOAA Fisheries West Coast Region Anadromous Salmonid Passage Design Manual 2022

Does the project propose the removal of an instream barrier rather than the installation of a structure that may require regular operations and maintenance in the future (e.g., fishway)?

If regular operations and maintenance are required for the project as proposed, does the proposal include a plan to provide the needed O&M capacity and costs?

To ensure permanence of fish passage benefits, does the project include a plan for near-term implementation monitoring to ensure site/structures were constructed according to approved designs?

Regional and Watershed Context (15 points)

Is the project important relative to a watershed, landscape, or other geographic context?

Does the project leverage other BIL investments in the watershed, or fulfill a fish passage or aquatic connectivity priority that was ineligible for other BIL funding?

o Examples of non-NFPP funding may include the National Culvert Removal, Replacement, and Restoration Grant Program (Federal Highway Administration);

Restoring Tribal Priority Fish Passage through Barrier Removal under the IIJA (NOAA Fisheries); Rehabilitation of High Hazard Potential Dam Grant Program (FEMA); and Legacy Roads and Trails Program (USFS).

Is the project expected to leverage or significantly contribute to regional or watershed restoration efforts including those outlined in a regional or watershed plan or other prioritization established by a Federal, State, local or tribal fish and wildlife agency?

Community Benefits (Total of 35 points) Benefits for community resilience to climate change impacts and other co-benefits (15 points)

To what extent will the project improve resilience (the capacity to recover from or persist through disturbances or changes) to the impacts of climate change for the surrounding human community?

To what extent will the project provide other co-benefits for the community such as improved public safety, recreational opportunities, or long-term job creation?

Benefits to Underserved or Indigenous Communities (15 points) https://www.fws.gov/alaska-culvert-design-guidelines https://www.fws.gov/alaska-culvert-design-guidelines https://media.fisheries.noaa.gov/2022-06/anadromous-salmonid-passage-design-manual-2022.pdf https://media.fisheries.noaa.gov/2022-06/anadromous-salmonid-passage-design-manual-2022.pdf

To what extent will the project provide meaningful benefits to an underserved or indigenous community?

o To describe a community as underserved or disadvantaged, reference variables listed in OMB Memo M-21-28 (Interim Definition of Disadvantaged Communities, p. 2) and supporting data from geospatial tools (see recommendations below) or other available information.

o Indigenous communities may refer to Indian Tribes (as defined in 25 U.S.C.

5304(e)), Native Hawaiian organizations, tribal commissions, tribal consortia, and other tribal organizations.

Specific project benefits to the underserved or indigenous community should be described. When describing benefits to indigenous communities, consider the restoration of tribal treaty rights and resources, activities on tribal lands or throughout traditional use areas, subsistence resources, as well as fish populations that are essential to indigenous culture.

Recommended tools for identifying locations of disadvantaged or underserved communities and tool qualifications include:

o CEQ Climate and Economic Justice Screening Tool:

https://screeningtool.geoplatform.gov/en/#3/33.47/-97.5 , qualification: tool identifies community as “disadvantaged” o EPA EJ Screen: https://www.epa.gov/ejscreen, qualification: tool identifies community in national percentile of 50th or above for indices relevant to variables listed in OMB memo.

o CDC Social Vulnerability Index:

https://www.atsdr.cdc.gov/placeandhealth/svi/index.html, qualification: tool identifies community at census tract scale as 2018 Overall SVI Score of 0.5 or above, or 0.5 or above for individual themes relevant to variables listed in OMB memo.

Is this a Tribal Project? (5 points)

Is an Indian Tribe (as defined in 25 U.S.C.