Foa_Content_of_S21AS00571 (1).pdf

Office of Surface Mining Reclamation and Enforcement

OSM-HQ - OSM Headquarters

S21AS00571

Table of Contents A. Program Description

A1. Authority

A2. Background, Purpose and Program Requirements

B. Federal Award Information

B1. Total Funding

B2. Award Amount

B3. Anticipated Award Funding and 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 Contact

G3. Application System Technical Support

H. Other Information

A. Program Description

A1. Authority The Statutory Authority for the Abandoned Mine Land Reclamation Program is the Surface Mining Control and Reclamation Act of 1977 (SMCRA), as amended, Public Law 95-87, 91 Stat. 445-532.

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A2. Background, Purpose and Program Requirements In accordance with Section 404 of SMCRA, lands and water eligible for reclamation or drainage abatement under Section 404 of Public Law 95-87 (the Act), Stat. 445-532 as amended, are those which were mined for coal or which were affected by mining, waste banks, coal processing, or other coal mining processes prior to August 3, 1977, and left in an unclaimed or inadequately reclaimed condition, for which there is no continuing reclamation responsibility under state or other Federal laws.

1. WCAP is designed to be partnered with other funding sources to assist groups such as small watershed organizations to complete local Acid Mine Drainage (AMD) reclamation projects.

2. Funding is available to assist local 501(c)(3) status organizations and groups that undertake local AMD reclamation projects to improve the water quality of streams impacted by acid mine drainage.

3. The funding priorities and technical focus for this announcement are to restore streams affected by AMD to a level that will support a diverse biological community and provide recreational opportunities for the public.

4. Non-Federal entities may use WCAP funds only for AMD problems related to SMCRA defined abandoned coal mining activities and processes, which include remediation of AMD, sources of AMD, and installation of passive or active water treatment systems, including repairs and renovations. Projects may also include reclamation of lands that are contributing sediment or acid forming materials to streams. For other provisions relating to lands and waters eligible for such expenditures, see Section 402(g) (4), Section 403(b) (1), and Section 409 of Public Law 95- 87.

B. Federal Award Information

B1. Total Funding Estimated Total Funding $ 2,000,000

B2. Award Amount Maximum Award $ 100,000 Minimum Award $ 1 Funding for the WCAP program is contingent on availability of appropriations. In no event will OSMRE be responsible for the preparation costs incurred by any applicant if the program fails to receive funding or is canceled due to Agency priorities. Publication of this NOFO does not obligate OSMRE or the DOI to award funding.

B3. Anticipated Award Funding and Dates Anticipated Award Date October 01, 2021 Anticipated start dates will be based upon date of receipt and evaluation of application, availability of funding appropriations, and project schedule.

B4. Number of Awards Expected Number of Awards The estimated number of FY 2021 WCAP Cooperative agreements to be awarded is twenty.

B5. Type of Award Funding Instrument Type CA - Cooperative Agreement Recipient grantee may apply for non-funded extensions of time as necessary to complete the project.

In accordance with 2 CFR 200. 24, Cooperative Agreement, a Cooperative Agreement creates an appropriate legal relationship between OSMRE and the performing organization to carry out a public purpose authorized by a law of the United States [see 31 USC. 6101(3), Definitions].

OSMRE reserves the right to remain substantially involved during the course of the approved project.

Substantial involvement will be limited to one or more of the following areas:

(a) Approval of the recipient’s implementation plans;

(b) Review of the recipient's monitoring and evaluation plans;

(c) Approval of specified key personnel;

(d) Concurrence in the substantive provisions of subawards.

Cooperative agreement will be for a project period not to exceed two years from date of award.

C. Eligibility Information

C1. Eligible Applicants Eligible Applicants 12 – Nonprofits having a 501(c)(3) status with the IRS, other than institutions of higher education Additional Information on Eligibility An Eligible Applicant is limited to not-for-profit IRS 501(c) (3) status organizations that meets the following conditions:

(a) Proof of not-for-profit IRS 501(c) (3) status as determined by the Internal Revenue Service or an authorizing tribal resolution is required of nonprofit organizations and institutions.

(b) State/Tribal certification of project eligibility is required by the Surface Mining Control and Reclamation Act of 1977 (SMCRA) Section 404.

(c) Proposal must include details of how the project benefits communities and ecosystems impacted by polluted stream and or acid mine drainage.

(d) Written agreement between the applicant and property owner(s) must be secured for Right to Access.

(e) Include copies of all letters of support for the project from local community group, business and individuals.

(f) Cost sharing is not required. While cost sharing is not required, we highly encourage applicants to leverage all available partner funding in a ratio of at least 2.5 to 1 (partner funding to OSMRE funding).

C2. Cost Sharing or Matching Cost Sharing / Matching Requirement No

C3. Other OSMRE requires recipients to maintain financial data to provide for the safeguard and accountability of Federal funds, to include written procedures for purchases, accounting system, cash management; and organizational structure in accordance with 2 CFR 200. 303, Internal Controls, examples of internal controls include the following:

(a) Provide accurate, current, and complete financial information about Federal awards and subawards.

(b) Maintain records that adequately identify the sources of funds for Federally assisted activities and the purposes for which the award was used, including authorizations, obligations, unobligated balances, assets, liabilities, outlays or expenditures, and any program income.

Accounting records must be supported by source documentation such as canceled checks, paid bills, payrolls, and time and attendance records.

(c) Maintain effective control over and accountability for all cash, real and personal property, and other assets under the award; adequately safeguard those assets; and ensure that they are used only for authorized purposes.

Applicants are responsible for ensuring that proposed budget costs are allowable, allocable, and reasonable; in accordance with the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Programs, 2 CFR 200.403, Factors Affecting Allowability of Costs, 200.404, Reasonable Costs, and 200.405, Allocable Costs.

Suspension and Debarment: Funds will not be awarded to any applicant that is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily exclude from cover transactions by any Federal debarment or agency, or are presently indicted for or otherwise criminally or civilly changed by a government entity.

No funds will be awarded to recipients who have within a three-year period preceding this proposal have been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, and making false statements or receiving stolen property.

Applicant Violator System (AVS) All applicants, organization officers and others having authority to make project related decisions will be screened through the AVS. AVS is an automated information system owned and operated by OSMRE that contains information on applicants, permittees, operators, application and permit records, as well as unabated or uncorrected environmental violations of SMCRA.

Federal Performance and Integrity System (FAPIIS). Prior to any award of Federal funds, the Federal award agencies will review and consider information about the applicant that is in Federal Performance and Integrity System FAPIIS. Applicants may review and comment on information about them in FAPIIS and the agency will consider any applicant comments in making award decisions; and address post-award grant reporting requirements and inform applicants about post-award FAPIIS reporting requirements, in accordance with 2 CFR 200.

212(c)(5), Reporting a Determination that a non-Federal Entity is not Qualified for a Federal award.

Excluded Parties: OSMRE conducts a review of the SAM.gov Exclusions database for all applicant entities and their key project personnel prior to award. OSMRE 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 Electronic Delivery OSMRE is participating in the Grants.gov initiative to provide the grant community with a single site to find and apply for grant funding opportunities. OSMRE requires applicants to submit their applications online through Grants.gov.

D2. Content and Form of Application Submission

1. SF-424, Application for Federal Assistance

Applicants must submit the appropriate Standard Form (SF)-424, Application for Federal Assistance. Individuals applying as a private citizen (i.e., unrelated to any business or nonprofit organization you may own or operate in your name), must complete the SF-424, Application for Federal Assistance-Individual form. All other applicants must complete the standard SF-424, Application for Federal Assistance. The required application forms are available with this announcement on Grants.gov. The SF-424, Application for Federal Assistance must be complete, signed, and dated. Do not include any proprietary or personally identifiable information. Please note: Enter only the amount requested from this Federal program in the “Federal” funding box on the SF-424 Application form. Include any other Federal sources of funding in the “Other” box and provide details on those Federal source(s) and funding amount(s) in the required Budget Narrative (see the “Budget Narrative” section below).

Project Narrative

The full proposal must include the main documents and supplementary documents described below:

a. The Technical Proposal is a document of no more than 15 pages. It should describe in depth the scope of the proposal, its goals, methods, its schedule, personnel working on the project their qualification and the instructional capabilities of the applicant.

b. The Project Abstract is a concise summary/abstract of the proposed effort. The project summary/abstract must contain a summary of the proposed activity suitable for dissemination to the public. It should be a self-contained document that identifies the name of the applicant, the project director/principal investigator(s), the project title, the objectives of the project, a description of the project, including methods to be employed, the potential impact of the project (i.e., benefits, outcomes), and major participants (for collaborative projects). The Executive Summary must not exceed one (1) single-sided page and counts toward the page limit of the Technical Proposal.

c. Problems, Solutions and Technical Approach. This is a description of the problems proposed to be solved. This section should explain what solutions are needed to overcome the problems, who would benefit from the solutions, and what the anticipated impacts are if the problems are solved.

This section should also include a description of the technical approach that the applicant plans to employ to solve the identified problems, to achieve the anticipated impacts and include water quality and flow results and analysis sufficient to allow OSMRE to evaluate the technical proposal. One year of flow and water quality measurements is recommended.

d. Statement of Work and Potential Impact of the Results. This is a complete statement of work to meet the technical approach that directly addresses the problems described in the Problems, Solutions and Impact Statement of the Technical Proposal. The statement of work must include a schedule of milestones for the overall project, the applicant’s plan to manage the project tasks, and metrics for measuring the success of the proposed efforts and potential impact of the results.

A detailed construction estimate is required.

e. Qualifications and Experience of Key Personnel and Resources Availability. This is a description of the qualifications, proposed roles, and level of planned effort of the project participants, including the proposed role of the project leader, key personnel and staff. A description of the applicant’s access to the necessary equipment and facilities to accomplish the proposed objectives should be included.

Applicants must submit the appropriate SF-424 Budget Information form and Budget Narrative. For construction programs or projects, applicants must complete and submit the SF- 424C, “Budget Information for Construction Programs”. All of the required application forms are available with this announcement on Grants.gov. Federal award recipients and subrecipients are subject to Federal award cost principles in 2 CFR 200.

Detailed Budget Narrative The project budget shall include detailed information on all cost categories and must clearly identify all estimated project costs. Unit costs shall be provided for all budget items including the cost of work to be provided by contractors or sub-recipients. In addition, applicants shall include a narrative description of the items included in the project budget, including the value of in-kind contributions of goods and services provided to complete the project when cost share is identified to be included (reference section C of this announcement). Cost categories can include, but are not limited to, those costs items included on the SF424A or SF424C.

Budget Narrative. The Budget Narrative must provide a detailed breakdown of each of the object class categories as reflected on the SF-424 C. The budget justification should address all of the budget categories for which Federal funds are requested. The written justification should include the necessity and the basis for the cost. Proposed funding levels must be consistent with the project scope, and only allowable costs should be included in the budget. Information on allowable cost is available in the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards at 2 CFR 200.

a. Administrative and Legal Expenses. At a minimum, the budget justification for all personnel should include the following: name, job title, commitment of effort on the proposed project in terms of average number of hours per week or percentage of time, salary rate, total direct charges on the proposed project, description of the role of the individual on the proposed project and the work to be performed.

b. Indirect Cost Rate Agreement. If indirect costs are included in the proposed budget, provide a copy of the approved negotiated agreement if this rate was negotiated with a cognizant Federal audit agency. If the rate was not established by a cognizant Federal audit agency, provide a statement to this effect. Alternatively, in accordance with 2 CFR 200.414(f), Indirect (F&A) Costs, applicants that have never received a negotiated indirect cost rate may elect to charge indirect to an award pursuant to a de Minimis rate of 10 percent of modified total direct cost (MTDC), in which case a negotiated indirect cost rate agreement is not required. Applicants proposing a 10 percent de Minimis rate pursuant to 2 CFR. 200.414(f), Indirect (F&A) Costs, should note this election as part of the budget and budget narrative portion of the application. In addition to these requirements, applicants must also meet the provisions of 2 CFR 1402.414, with respect to deviations on negotiated indirect cost rate.

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 subrecipients, the conflict of interest provisions in 2 CFR 200.318 apply.

(b) Notification.

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

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

(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 part 18 and 31 U.S.C. 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.

(e) 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 200.338, Remedies for noncompliance, including suspension or debarment (see also 2 CFR part 180).

Single Audit Reporting Statement All U.S. states, local governments, federally recognized Indian tribal governments, and non-profit organizations expending $750,000 USD or more in Federal award funds in the applicant’s fiscal year must submit a Single Audit report for that year through the Federal Audit Clearinghouse’s Internet Data Entry System. U.S. state, local government, federally recognized https://www.ecfr.gov/cgi-bin/text-idx?SID=1bfd0da1190f850482e94794cca23a5d&mc=true&node=20190830y1.1 https://harvester.census.gov/facides/Account/Login.aspx https://harvester.census.gov/facides/Account/Login.aspx

Indian tribal government, and non-profit applicants must state if your organization was or was not required to submit a Single Audit report for the most recently closed fiscal year. If your organization was required to submit a Single Audit report for the most recently closed fiscal year, provide the EIN associated with that report and state if it is available through the Federal Audit Clearinghouse website.

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

Disclosure of Lobbying Activities Applicants and recipients must not use any federally appropriated funds (annually appropriated or continuing appropriations) or matching funds under a Federal award to pay any person for lobbying in connection with the award. Lobbying is influencing or attempting to influence an officer or employee of any U.S. agency, a Member of the U.S. Congress, an officer or employee of the U.S. Congress, or an employee of a Member of the U.S. Congress connection with the award. Applicants and recipients must complete and submit the SF-LLL, “Disclosure of Lobbying Activities” form if the Federal share of the proposal or award is more than $100,000 and the applicant or recipient has made or has agreed to make any payment using non-appropriated funds for lobbying in connection with the application or award. The SF-LLL form is available with this Funding Opportunity on Grants.gov. See 43 CFR, Subpart 18.100 and 31 USC 1352 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 regards to activities, costs, or time commitment of key personnel. If no such overlap or duplication exists, state, “There are no overlaps or duplication between this application and any of our other Federal applications or funded projects, including in regards to activities, costs, or time commitment of key personnel”.

If any such overlap exists, provide a complete description of overlaps or duplications between this proposal and any other federally funded project or application in regards to activities, costs, and time commitment of key personnel, as applicable. Provide a copy of any overlapping or duplicative proposal submitted to any other potential funding entity and identify when that proposal was submitted, to whom (entity name and program), and when you anticipate being notified of their funding decision. The statement and the description of overlap or duplication, when applicable, may be provided within the proposal or as a separate attachment to the application. If at any time a proposal is awarded funds that would be overlapping or duplicative of the funding requested from OSMRE, the applicant must immediately notify the OSMRE point of contact. Any overlap or duplication of funding between the proposed project and other active or anticipated projects may impact selection and/or funding amount.

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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 individual (i.e., unrelated to any business or nonprofit organization you may own or operate) or any entity with an exception approved by the funding bureau or office in accordance with bureau or office policy. All other applicants are required to obtain a Data Universal Numbering System (DUNS) number from Dun & Bradstreet and then register in SAM.gov prior to submitting a Federal award application. Federal award recipients must continue to maintain an active SAM.gov registration with current information through the life of their Federal award(s). See the “Submission Requirements” section of this document below for more information on SAM.gov registration. We may not make a Federal award to an applicant that has not completed the SAM.gov registration. If an applicant selected for funding has not completed their SAM.gov registration by the time the program is ready to make an award, the program may determine that the applicant is not qualified to receive an award. The program can use that determination as a basis for making an award to another applicant. There is no cost to register with Dun & Bradstreet or SAM.gov. There are third-party vendors who will charge a fee in exchange for registering entities with Dun & Bradstreet and SAM.gov; please be aware you can register and request help for free.

Obtain a DUNS Number

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

Register with the System for Award Management (SAM)

Register on the SAM.gov website. “Help” tab on the website contains User Guides and other information to assist you with registration. The Grants.gov Register with SAM page also provides detailed instructions. You can also contact the supporting Federal Service Desk for help registering in SAM. Once registered in SAM, entities must renew and revalidate their SAM registration at least once every 12 months from the date previously registered. Entities are strongly encouraged to revalidate their registration as often as needed to ensure their information is up to date and reflects changes that may have been to the entity’s DUNS or IRS information.

D4. Submission Dates and Times Due Date for Applications 09/07/2021 Application Due Date Explanation Electronically submitted applications must be submitted no later than 5:00 p.m., ET, on the listed application due date.

mailto:SAMHelp@dnb.com

D5. Intergovernmental Review Prior to application submission, U.S. state and local government applicants should visit the OMB Office of Federal Financial Management website and view the “State Point of Contact (SPOC) List” to determine whether their application is subject to the state intergovernmental review process under Executive Order (E.O.) 12372 “Intergovernmental Review of Federal Programs.”

States not on the list do not participate in the intergovernmental review process, and therefore do not have a SPOC. If you are located within a State that does not have a SPOC, you may send application materials directly to a Federal awarding agency. If your state is on the list, contact the designated entity for more information on the state’s prior review requirements for Federal assistance applications.

D6. Funding Restrictions The Federal awarding agency that provides the largest amount of direct funding to your organization is your cognizant agency for indirect costs, unless otherwise assigned by the White House Office of Management and Budget (OMB). If the Department of the Interior is your organization’s cognizant agency, the Interior Business Center will negotiate your indirect cost rate. Contact the Interior Business Center by phone 916-930-3803 or using the IBC Email Submission Form. See the IBC Website for more information.

Organizations must have an active Federal award before they can submit an indirect cost rate proposal to their cognizant agency. Failure to establish an approved rate during the award period renders all costs otherwise allocable as indirect costs unallowable under the award. Recipients must have prior written approval from OSMRE to use amounts budgeted for direct costs to satisfy cost-share or match requirements or to cover unallowable indirect costs. Recipients shall not shift unallowable indirect costs to another Federal award unless specifically authorized to do so by legislation.

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

We are:

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

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

A [insert your organization type; U.S. states and local governments, do not use this statement] that has previously negotiated or currently has an approved indirect cost rate with our cognizant agency. Our indirect cost rate is [insert rate]. [Insert either:

“Attached is a copy of our most recently approved but expired rate agreement. In the https://www.whitehouse.gov/omb/management/office-federal-financial-management/ https://www.whitehouse.gov/omb/management/office-federal-financial-management/ https://www.doi.gov/ibc/contactus/icsfeedback https://www.doi.gov/ibc/contactus/icsfeedback https://www.doi.gov/ibc/services/finance/indirect-cost-services event an award is made, we will submit an indirect cost rate proposal to our cognizant agency within 90 calendar days after the award is made.” or “Attached is a copy of our current negotiated indirect cost rate agreement.”]

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

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

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

A [insert your organization type] that is submitting this proposal for consideration under the “Cooperative Ecosystem Studies Unit Network”, which has a Department of the Interior-approved indirect cost rate cap of 17.5%. If we have an approved indirect cost rate with our cognizant agency, we understand that we must apply this reduced rate against the same direct cost base as identified in our approved indirect cost rate agreement per 2 CFR §1402.414. If we do not have an approved indirect cost rate with our cognizant agency, we understand that we must charge indirect costs against the modified total direct cost base defined in 2 CFR §200.68 “Modified Total Direct Cost (MTDC)”. We understand that we must request prior approval from OSMRE to use the 2 CFR 200 MTDC base instead of the base identified in our approved indirect cost rate agreement. We understand that OSMRE approval of such a request will be based on: 1) a determination that our approved base is only a subset of the MTDC (such as salaries and wages); and 2) that use of the MTDC base will still result in a reduction of the total indirect costs to be charged to the award. In accordance with 2 CFR §200.405, we https://www.ecfr.gov/cgi-bin/text-idx?SID=0bb1f5386f36f965f85dc05b2ad8a804&mc=true&node=pt2.1.200&rgn=div5#se2.1.200_168 https://www.ecfr.gov/cgi-bin/text-idx?SID=0bb1f5386f36f965f85dc05b2ad8a804&mc=true&node=pt2.1.200&rgn=div5#se2.1.200_168 https://www.ecfr.gov/cgi-bin/text-idx?SID=0bb1f5386f36f965f85dc05b2ad8a804&mc=true&node=pt2.1.200&rgn=div5#se2.1.200_168 https://www.ecfr.gov/cgi-bin/text-idx?SID=1bfd0da1190f850482e94794cca23a5d&mc=true&node=20190830y1.1 understand that indirect costs not recovered due to a voluntary reduction to our federally negotiated rate are not allowable for recovery via any other means.

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

If indirect costs are included in the proposed budget, provide a copy of the approved negotiated agreement if this rate was negotiated with a cognizant Federal audit agency. If the rate was not established by a cognizant Federal audit agency, provide a statement to this effect. Alternatively, in accordance with 2 CFR 200.414(f), Indirect (F&A) Costs, applicants that have never received a negotiated indirect cost rate may elect to charge indirect to an award pursuant to a de Minimis rate of 10 percent of modified total direct cost (MTDC), in which case a negotiated indirect cost rate agreement is not required. Applicants proposing a 10 percent de Minimis rate pursuant to 2 CFR. 200.414(f), Indirect (F&A) Costs, should note this election as part of the budget and budget narrative portion of the application. In addition to these requirements, applicants must also meet the provisions of 2 CFR 1402.414, with respect to deviations on negotiated indirect cost rate.

D7. Other Submission Requirements Forms and Content of Application Submission.

The application must contain the following required forms and documents available on grants.gov:

a. SF-424, Application for Federal Assistance, which must be signed by an authorized representative of the applicant organization.

i. SF-424, Item 12, should list the NOFO #

ii. SF-424, Item 18, should list the total estimated budget amount to complete the project as defined in the application including the Federal amount requested and other funding being brought to the project.

b. SF-424C, Budget Information - Construction Programs.

c. SF- 424D, Assurances - Construction Programs.

d. SF-LLL, Disclosure of Lobbying Activities or Lobbying Form, Certification Regarding Lobbying.

e. Project/Performance site Location(s) form, OMB Number: 4040-0010.

f. Project Abstract, OMB Number: 4040-0010.

g. Key Contacts Form, OMB #Number: 4040-0010.

Application Format

a. Submissions. All application must be submitted through grants.gov.

b. Font. Use 12 pitch font and 1 inch margins.

i. Smaller type may be used in figures and tables but type must be clearly legible.

ii. Figures, Graphs, Images, and Pictures. Should be of a size that is easily readable or viewable and maybe landscape orientation.

c. Page Limit: The page limit of the Application Package must not exceed a total of 30 pages, not including the required forms, budget narrative, and resumes. The Technical Proposal for Applications is limited to fifteen (15) pages.

d. Page Size. 8 ½ inches by 11 inches.

e. Application language: English

f. Application Replacement Pages: Applicants may submit replacement pages.

Revisions must be submitted to OSMRE via grants.gov or, by request, to a regional grants office.

a. Pre-Applications: There are no pre-applications with this NOFO.

b. Cover Sheet: The cover sheet for the technical proposal should reference the Non-for-profit AMD Reclamation WCAP Funding Opportunity Number.

c. Page layout: Technical Proposal must be in portrait orientation.

d. Page numbering: Number pages sequentially.

e. Table of Contents: Include major sections and the corresponding page numbers.

Application submissions must completely address the following:

a. The Applicant must have written measurable goals for the project.

b. Background information must provide a comprehensive description of the relevance of the project.

c. The remediation proposal should demonstrate that they have considered the best possible treatment option available with a high probability of success.

d. The Applicant must have a plan to address ongoing operational and maintenance needs for the project.

e. The plan must identify how the applicant will monitor and assess the ongoing effectiveness of the project, and respond to treatment problems.

f. OSMRE funding should be the final funding source necessary for the project to proceed with construction.

g. If the total project costs include in-kind donations of services or materials, the applicant must provide the documentation that these service or materials are properly valued in accordance with 2 CFR 200.306, Cost sharing or Matching.

The following costs could be allowable under a WCAP agreement if they are necessary and reasonable for the project:

a. Award, Inspection, and Administrative costs directly associated with the approved project, such as financial and program administration of the cooperative agreement, preparing reports, traveling to the project site for monitoring purposes, and supply and laboratory costs for water quality sampling.

b. Pre-and post-construction water quality and quantity monitoring of an approved project.

c. The post-construction monitoring must not require an extension of the performance period of your cooperative agreement.

d. In accordance with 2 CFR. 200.403; Factors Affecting Allowability of Costs, 200.404, Reasonable Costs, and 200.405, Allocable Costs, the non- Federal Entity is responsible for ensuring that costs charged to a projects are allowable, allocable, and reasonable.

The following costs are not allowable under a WCAP project:

a. Overhead.

b. Liability insurance.

c. Public relations.

d. Project groundbreakings and dedications.

e. Payments to an organization or individual that owes the Federal government money or is in violation of Federal regulations.

f. Equipment.

g. Design Cost.

E. Application Review Information

E1. Criteria NEED ASSESSMENT Maximum Points: 5 Description

Title Items under this criterion address identify problems, solutions and technical Approach of the technical proposal.

Specific Details The extent to which:

a) The applicant demonstrates the problem and associated contributing factors to the problem. The application must clearly identify and establish the needs of the targeted population as evidence by:

b) The level of involvement the target community has held in identifying the needs of the community and in planning the project activities.

c) The applicant indicates that local, regional, Tribal, and State entities were involved with assessing needs and providing baseline data or research studies to support needs.

d) The application documents the adverse environmental impacts resulting from the impaired stream/watershed.

METHODOLOGY AND WORK PLAN Maximum Points: 5 Description Title Items under this criterion address the Statement of Work and Potential Impact of the Results section of the Technical Proposal.

Specific Details The extent to which:

a) The proposed project responds to the objective included in the Notice of Funding Opportunity and directly relates with the information presented in the need assessment.

b) The proposed project scope is capable of addressing the problem and attaining the project objective.

c) The proposed goals and objectives have a clear correlation to addressing the identified needs as well as challenges and are measurable, realistic, and achievable in a specific timeframe.

d) The strength and feasibility of the proposed project should be logical and easy to follow clearly addressing the project elements, collaborators, the timeline of the proposed activities, anticipated outputs, and the step must be taken to achieve each of the project goals. There is a comprehensive watershed restoration plan, under which the project will be constructed.

EVALUATION MEASURES Maximum Points: 40 Description Title Items under this criterion address Statement of Work and Potential Impact of the Results. The effectiveness of the

Specific Details Evaluative measures must be able to assess:

a) That the applicant has considered the best possible treatment option available with a high probability of success without the need for frequent and expensive system.

b) The effectiveness of the proposed treatment technology to be used, i.e.

pollutants removed, aquatic habitat improved or recreational fisheries restored and other streams uses restored.

c) The strength of the post completion water quality monitoring plan both for the discharge and the receiving stream and established water quality limits to help determine what need for system maintenance and or additional land method proposed to monitor and evaluate the project results.

treatment

d) The strength of the process by which comprehensive water quality and flow data/information has been collected, and analyzed, to assure selection of the most effective technology and water chemistry analysis; to the extent the analyses facilitates the ability to determine the probability of long-term success and any possible maintenance issues?

e) The cumulative effect of the project in restoring/improving the stream/watershed. f) For projects where land reclamation is being used to achieve AMD abatement, strength of proposal in achieving beneficial impacts of project in achieving stream restoration.

IMPACT / BENEFITS Maximum Points: 35 Description Title Item under this criterion address the Statement of Work and Potential Impact of the Results.

Specific Details Reviewer will evaluate the extent to which:

a) The Project will help restore the stream/watershed either alone, or in conjunction with other AMD treatment/land reclamation projects planned or constructed in the watershed. The applicant identifies aesthetic enhancement, community benefits, Outdoor Recreational Opportunities Enhanced, which can be attributed to the positive impacts to areas directly impacted by this proposed WCAP project.

b) The applicant describes public outreach and/or educational opportunities which may be created by implementation of the WCAP proposal.

RESOURCES/CAPABILITIES Maximum Points: 5 Description Title Items under the criterion address the Evaluation and Technical Support Capacity and Organizational Information section of the Program Narrative.

Specific Details The extent to which:

a) The roles and responsibilities clearly defined for each of the primary participants in the project.

b) Each entity participating in the project has the ability to deliver the services, and otherwise meet the needs of the project.

c) The capability of the applicant to implement and fulfill the requirement of the proposed project based the resources availability;

the extent to which the applicant has broad based support, collaborators, and consultants to complete the project.

FINANCIAL SUPPORT REQUESTED Maximum Points: 10 Description Title The SF-424 C, itemized budget, along with the budget justification components of the budget narrative, are being used in the

Specific Details The extent to which:

a) The budget justification clearly documents how and why each line review of this section. Together, they will provide the reviewers with the information to determine the reasonableness of the requested support.

item request supports the goals and activities of the proposed project.

b) The degree to which the estimated cost to the government of proposed activities appear reasonable.

E2. Review and Selection Process Prior to award, the program will review any applicant statement regarding potential overlap or duplication between the project to be funded and any other funded or proposed project in terms of activities, funding, or time commitment of key personnel. Depending on the circumstances, the program may request modification to the application, other pending applications, or an active award, as needed to eliminate any duplication of effort, or the Bureau may choose not to fund the selected project.

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

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

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

1. Proposals, reports, documents and other information related to applications submitted to OSMRE and/or relating to financial assistance awards issued by OSMRE will be reviewed and considered by Federal employees or by non-Federal personnel who have entered into nondisclosure agreements covering such information, when applicable.

2. Initial Screening of all OSMRE Program Applications. All applications received in response to this NOFO will be reviewed as received on a rolling basis to determine whether they are eligible, complete, and responsive and aligned with the respective program objectives and research grant areas as described in the Program Description.

Applications determined to be ineligible, incomplete, and/or non-responsive based on the initial screening will be eliminated from further review. However, OSMRE, in its sole discretion, may continue the review process for an application that is missing non- substantive information that can easily be rectified.

3. Completeness. Full Review of Eligible, Complete, and Responsive Applications All applications that are determined to be eligible, complete, and responsive will proceed for full reviews in accordance with the review and selection processes set forth below for each of the respective programs.

4. Timeliness. Applications received by Grants.gov after the established due date for the program will be considered late and will not be considered for funding by OSMRE.

5. Threshold Screening. OSMRE will screen applications and proposals for the adequacy of the budget and compliance with program requirements.

a) OSMRE may request that the applicant modify objectives or work plans and provide supplemental information.

b) OSMRE also reserves the right to reject an application where information is uncovered that raises a reasonable doubt as to the responsibility of the applicant.

c) OSMRE may select some, all, or none of the applications, or part(s) of any particular application. In some cases, OSMRE may ask applicants to consider combining projects.

d) The final approval of selected applications and issuance of awards will be by the OSMRE Field Officer Directors.

6. OSMRE reserves the right to negotiate the budget costs with the applicants that have been selected to receive awards, which may include requesting that the applicant remove certain costs.

MERIT REVIEW EVALUATION, REVIEW, RANKING AND RECOMMENDATION

1. At least three objective reviewers, knowledgeable in the subject matter of this NOFO and its objectives, will evaluate each application based on the evaluation criteria.

2. While every application will have at least three reviews, applications may have differing numbers of reviews if specialized expertise is needed to evaluate the application. The reviewers may discuss the applications with each other, but scores will be determined on an individual basis, not as a consensus.

3. Each reviewer will assign…