LWCF FY20 Cycle I NOFO.docx

U.S. Department of the Interior National Park Service

Financial Assistance Notice of Funding Opportunity (NOFO)

Washington, DC 20240

Washington, DC 20240

Table of Contents

Section A: Program Description Federal Agency Name: Department of the Interior, National Park Service

Funding Opportunity Title: FY 2020 Land and Water Conservation Fund State Formula Grants, Application Cycle 1

Funding Opportunity Number: P20AS0014

Catalog of Federal Domestic Assistance (CFDA) Number: 15.916

Legislative Authority: 54 U.S.C. 200301 et. seq.

Federal Regulations: 2 C.F.R. Part 200, 2 C.F.R. Part 1402, 36 C.F.R. Part 59

Program Background Information and Objectives: This notice of funding opportunity is to advise States, local units of government, and Indian Tribes of the potential availability of funds in their State for grants from the Land and Water Conservation Fund (LWCF) to acquire and/or develop lands for public outdoor recreation purposes. The LWCF State and Local Assistance Program was established in 1964 to assist in preserving, developing and assuring accessibility to present and future generations of U.S. citizens and visitors “such quality and quantity of outdoor recreation resources as may be available and are necessary and desirable for individual active participation in such recreation and to strengthen the health and vitality of the citizens of the United States.” This is accomplished in part by authorizing and providing grants to States, and through States to local units of government and Indian tribes, for projects that acquire lands and waters for parks and other public outdoor recreation purposes, as well as develop new or renovate existing outdoor recreation facilities. Certain State agencies may also apply for and receive grants for the preparation or update of Statewide Comprehensive Outdoor Recreation Plans (SCORP) or supporting elements, which are required by law for overall program eligibility.

Land acquisition and development grants may be in support of a wide range of outdoor recreation uses, such as community parks, playgrounds, picnic areas, campgrounds, trails, swimming pools, and sports fields; as well as for certain indoor infrastructure that supports these activities such as restrooms. Outdoor recreation areas and facilities must be publicly owned as well as open to the general public and not limited to special groups.

The LWCF State and Local Assistance program is operated by the National Park Service (NPS) in partnership with designated lead agencies in each of the 50 States as well as American Samoa, the District of Columbia, Guam, the Northern Marianas Islands, Puerto Rico, and the Virgin Islands. Each fiscal year Congress appropriates money from the LWCF for this program, which is in turn allocated to the States based on a legislative formula. To be eligible for the funding, States must have a current SCORP in place that assesses demand and need for outdoor recreation resources and sets priorities for the use of LWCF funds. The NPS must review and approve each State’s SCORP, which is updated at least once every 5 years.

The process for applying for a grant begins at the State or Territory level; entities interested in applying for an LWCF grant must contact their State’s lead agency to find out details about the availability of funds, timing of grant process, State program priorities, funding criteria, etc. A list of agency contacts can be found at: https://www.nps.gov/subjects/lwcf/contact-list.htm. The lead agency is responsible for soliciting project proposals from other State agencies, local units of government, and Indian Tribes and conducting competitions to identify the projects that can best advance the goals or meet the needs identified in the State’s SCORP. The top ranked projects, within the funds available, are nominated to the NPS for consideration and final decision, as well as the actual award of a grant. Each State will have its own timing and requirements for the development and submission of project proposals. However, prospective applicants should be able to specifically describe how their project would address priority outdoor recreation needs and goals as identified in the State’s SCORP.

In addition, all prospective applicants should be aware that the LWCF requires that any park or other type of outdoor recreation area that has benefitted from assistance from the LWCF, whether for acquisition or development, and regardless of the amount or extent of the assistance, may not be converted to a use other than public outdoor recreation forever (see 54 U.S.C. 200305(f)(3)). The NPS requires that a permanent record be kept in the project sponsor’s public property records indicating that the property described in the scope of the project agreement, including via a signed and dated project boundary map that documents the area subject to the requirement made part of that agreement, has been acquired or developed with LWCF assistance and cannot be converted to other than public outdoor recreation use without the written approval of the Secretary of the Interior. In general, this requirement is applied to the assisted recreation area as a whole, unless the NPS and the State agrees to a more limited area. An assisted park may be released from this requirement only with the approval of the Secretary of the Interior, which is contingent upon the project sponsor replacing the area to be converted with a new recreation area involving land of at least equal fair market value and reasonably equivalent recreational utility. Project sponsors must agree to this requirement as a condition of receiving a grant. Prospective applicants should carefully consider their ability and willingness to comply with this provision of the Act before applying for a grant.

The authority for the LWCF State and Local Assistance Program specifically is found at 54 U.S.C. 200305. The full text of the Act can be viewed here:

http://uscode.house.gov/view.xhtml?path=/prelim@title54/subtitle2/chapter2003&edition=prelim The LWCF Grant Assistance Manual, v. 69 (October 1, 2008) establishes the eligibility, procedural, and programmatic requirements for LWCF grants. A copy of the Manual can be found at https://www.nps.gov/subjects/lwcf/upload/lwcf_manual.pdf. The Manual outlines the criteria and process for eligible states and territories to develop a SCORP, nominate projects to the NPS, and implement grants for selected projects.

Secretary of the Interior Priorities This program supports key initiatives of the Secretary of the Interior, principally “providing access to outdoor recreation opportunities.” This is the entire purpose of this program. The program also supports the “creating jobs in the American economy” initiative, and, although referring to state and locally-owned lands versus Federal, the Secretary's Top 10 priority, “Shift the balance towards providing greater public access to public lands over restrictions to access.”

Section B: Federal Award Information

Anticipated Federal Funding: We anticipate that approximately $40,000,000 will be obligated in this grant round but participation will vary by state. On an annual basis, an overall amount is appropriated for State Assistance grants from the LWCF. In addition, the LWCF is supplemented with funds generated by leasing activity in the Gulf of Mexico, pursuant to the Gulf of Mexico Energy Security Act of 2005 (GOMESA). Once available, these amounts are apportioned to each State or Territory in accordance with a formula set out in the LWCF Act. The LWCF Act provides States with up to three years to obligate their apportionments so States could have a variety of funds available for obligation. At this time FY 2020 funds have not been appropriated. However, some states also still have funds appropriated in FY 2018 and 2019 available, along with GOMESA funds. Funding from different fiscal years can be combined. Consequently, the amount available for grants and the status of any competitions for grants from those amounts, will vary by State. You should consult with your State’s lead agency to determine the specific availability of any funds and the timing of their competition rounds.

Estimated Number of Agreements to be Awarded: The NPS estimates that up to 75 grants will be awarded in this cycle for projects around the United States. Each grant project will be treated individually, with detail provided through project statements, project plans, and budgets developed between the NPS and the State lead agency for LWCF.

Estimated Amount of Funding Available per Award: On a national basis, LWCF grants can range in size from $15,000 up to $2,000,000, but typically average $200,000 (note that some states have lower grant ceilings). Minimum and maximum grant funding levels are established by each State in accordance with their project selection process, and typically are commensurate with the State’s apportionment amounts. (Copies of apportionment amounts from FY 2019 and recent prior years can be found here: https://www.nps.gov/subjects/lwcf/statefundingstatus.htm.)

Anticipated Start Date: Most grants awarded in this cycle will have a start date of March 1, 2020. However, project sponsors that sought and received a Waiver of Retroactivity from their lead agency and the NPS per LWCF Manual Chapter 5.A.3 may have an earlier start date.

Anticipated Term of the Agreement: Most grants funded in this round will have an initial term of March 1, 2020 – March 31, 2023. The initial period of performance for LWCF grants is typically three years, but can range from one and five years depending on the negotiated project statement of work. Agreements are not effective until executed with signature from an NPS Financial Assistance Awarding Officer (FAAO). Project proposals should include a timeline with discrete benchmarks for completing the project within the initial period of performance. The NPS has the authority to extend awards (up to a maximum period of performance of five years) if circumstances warrant, such as unforeseen problems that would prevent the project from being completed within the original award period. In order to qualify for an extension, grant recipients must be in good standing (i.e., up-to-date on all progress and financial reports), have demonstrated progress during the initial award period, and have a revised program plan that supports the claim that additional time is likely to result in successful completion of the project.

Type of Agreement: LWCF Awards are given as grants. A Grant is a legal instrument of financial assistance between The National Park Service and a non-Federal entity that, consistent with 31 U.S.C. 6302, 6304:

(1) Is used to enter into a relationship the principal purpose of which is to transfer anything of value from the Federal awarding agency to the non-Federal entity to carry out a public purpose authorized by a law of the United States (see 31 U.S.C. 6101(3)); and not to acquire property or services for the Federal awarding agency’s direct benefit or use;

(2) Is distinguished from a cooperative agreement in that it does not provide for substantial involvement between the Federal awarding agency or pass-through entity and the non-Federal entity in carrying out the activity contemplated by the Federal award.

No substantial involvement on the part of the National Park Service is anticipated for LWCF grants.

Data Availability:

1) Applicability. The Department of the Interior is committed to basing its decisions on the best available science and providing the American people with enough information to thoughtfully and substantively evaluate the data, methodology, and analysis used by the Department to inform its decisions.

2) Use of Data. The regulations at 2 CFR 200.315 apply to data produced under a Federal award, including the provision that the Federal Government has the right to obtain, reproduce, publish, or otherwise use the data produced under a Federal award as well as authorize others to receive, reproduce, publish, or otherwise use such data for Federal purposes.

3) Availability of Data. The recipient shall make the data produced under this award and any subaward(s) available to the Government for public release, consistent with applicable law, to allow meaningful third party evaluation and reproduction of the following:

(a) The scientific data relied upon;

(b) The analysis relied upon; and

(c) The methodology, including models, used to gather and analyze data.

Conflict of Interest:

1) Applicability.

(a) 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.

(b) 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.

2) Requirements.

(a) Non-Federal entities must avoid prohibited conflicts of interest, including any significant financial interests that could cause a reasonable person to question the recipient's ability to provide impartial, technically sound, and objective performance under or with respect to a Federal financial assistance agreement.

(b) In addition to any other prohibitions that may apply with respect to conflicts of interest, no key official of an actual or proposed recipient or subrecipient, who is substantially involved in the proposal or project, may have been a former Federal employee who, within the last one (1) year, participated personally and substantially in the evaluation, award, or administration of an award with respect to that recipient or subrecipient or in development of the requirement leading to the funding announcement.

(c) No actual or prospective recipient or subrecipient may solicit, obtain, or use non-public information regarding the evaluation, award, or administration of an award to that recipient or subrecipient or the development of a Federal financial assistance opportunity that may be of competitive interest to that recipient or subrecipient.

3) Notification.

(a) 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, Conflicts of interest.

4) 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. Restrictions on Lobbying. Non-Federal entities are strictly prohibited from using funds under this grant or cooperative agreement for lobbying activities and must provide the required certifications and disclosures pursuant to 43 CFR Part 18 and 31 USC 1352.

5) 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.

6) 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).

Other Information: In general, applications for supplementation of existing projects are eligible to compete with applications for new Federal awards, but States have the final determination about this, and if allowed, the process for seeking these funds will be specific to the State.

Section C: Eligibility Information

Application Due Date: January 17, 2020, 10:00PM ET Applications that are not received by the application deadline will in most cases have to be deferred to the next application cycle. Exceptions may be made for projects that need to use expiring funds.

1. Eligible Applicants:

In accordance with 54 U.S.C. 200305(a), only the State lead agency for LWCF is eligible to submit applications in response to this announcement, whether on behalf of itself or another entity. In this context “States” include the 50 U.S. States, as well as American Samoa, the District of Columbia, Guam, the Commonwealth of the Northern Marianas Islands, Puerto Rico and the Virgin Islands. The grants may be sub-awarded to other state or territory agencies, local political subdivisions of that state, and Indian tribes. Local political subdivisions include: county, municipality, city, town, township, parish, local public authority, school district, special district (such as a park district), intrastate district, council of governments (whether or not incorporated as a nonprofit corporation under State law), any other regional or interstate government entity, or any agency or instrumentality of a local government. Individuals, nonprofit organizations, and private organizations are not eligible for LWCF grants. In addition, a state must have a current SCORP approved by the NPS to be eligible to apply for LWCF grants.

The state lead agency is responsible for: reviewing proposals for completeness and eligibility requirements; ensuring that proposals meet and are consistent with outdoor recreation priorities outlined in the state or territory’s SCORP; prioritizing proposals according to their Open Project Selection Process, and submitting final applications to the NPS for review and award of funds. For selected projects, the NPS makes financial assistance awards to the lead agency, which will be responsible for ensuring that allocated funds are used for the purposes of and in a manner consistent with this program, including any funds awarded to eligible sub-applicants. As the primary grantee for any sub-awarded grants, the State and Territory lead agencies are responsible for overseeing the day-to-day implementation of the grant and the supported activities to assure the project’s compliance with the LWCF Act and Manual, other applicable Federal requirements, and that performance goals are being achieved. The NPS cannot make grants to entities other than the state lead agency; applications submitted to this funding opportunity announcement by an entity other than the state lead agency will automatically be rejected without consideration.

2. Cost Sharing or Matching In accordance with 54 U.S.C. 200305(c), LWCF grants must be matched with non-Federal funds at a minimum ratio of 1:1, with the following exception: 48 U.S.C. 1469a(d) and P.L 98-213 waive the 1:1 matching requirement for any project under $200,000 for the jurisdictions of the U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. However the 1:1 match requirement applies to any portion equal to or above $200,000.

Matching funds must be in hand or committed at the time of application. The funds may be derived from state, local, non-governmental, or private sources in the form of cash or the value of in-kind contributions of real property, supplies, equipment, and services. Further information about eligible sources of match and other cost-sharing requirements can be found in Chapter 5 of the LWCF Manual as well as at 2 C.F.R. 200.306. Cost share contribution amounts and their source(s) shall be shown on the SF-424-A (planning grants) and/or SF-424C (acquisition and development grants) and annotated in the budget narrative (reference section D, Application and Submission Information).

The following costs may not be counted toward the non-Federal matching share (not inclusive):

· Unless an eligible pre-award cost as defined in the LWCF Manual, any project costs that were incurred before the grant start date, without the prior approval of the State lead agency and the NPS (i.e., waiver of retroactivity).

· Any funds or in-kind contributions such as land or services that have been previously used to satisfy the matching requirements of this program or that that have been or will be used to satisfy another Federal grant.

· Any funds originating from Federal sources or the value of in-kind contributions such as lands or services that were or will be acquired with other Federal funds, unless the authorizing legislation for those funds provides that they may be counted as the non-Federal contribution for another Federal grant program.

Further, excepting situations where federal funds are being contributed as the non-federal share as per the above, in accordance with 54 U.S.C. 200305(f)(1) LWCF grant projects may not include funds from other Federal sources in their budgets, even if all programs’ match requirements are met. Exceptions can be made for Federal funds with authorizing legislation that waives the 50% ceiling on the Federal share of the total project cost.

Section D: Application and Submission Information

1. Address to Request Application Package The Application Package can be accessed and downloaded from the Synopsis page of this announcement in Grants.gov. Copies of individual forms and other application documents can also be found at https://www.nps.gov/subjects/lwcf/lwcf-forms.htm. You may also contact the Agency lead for assistance (see Section G of this Notice of Funding Opportunity).

2. Content and Form of Application Submission States should submit applications through Grants.gov only when directed to do so by their NPS program officer. Only final versions of applications that already have been reviewed and deemed actionable by the NPS may be submitted. Applications that were not reviewed by the NPS prior to submittal will automatically be eliminated. The mandatory documents that comprise a complete LWCF application to the NPS, ALL of which must be uploaded into Grants.gov, include:

· Standard Form 424 (SF 424), Application for Federal Assistance - Complete this form as much as possible with all applicable information. Keep in mind the State lead agency is always the primary applicant and the SF-424 should be filled out accordingly.

· Standard Form 424A and/or C, Budget Information for Non-Construction or Construction Programs - Use the SF-424A for SCORP projects or the SF-424C for acquisition, development, or combination projects. However, if the State is requesting indirect expenses for the latter-type projects, an SF-424A should submitted as well, showing both the direct and indirect project expenses in the appropriate budget object class categories.

· Standard Form 424B or D (SF 424B/D), Assurances - Use the SF-424B with SCORP projects and the SF-424D with acquisition, development, or combination projects.

· Standard Form LLL - Disclosure of Lobbying Activities (could apply to lobbying by the recipient or the subrecipient) In accordance with 43 C.F.R. 18 and 31 U.S.C. 1352 this form must be completed and signed if the amount of the Federal award is anticipated to exceed $100,000.00.

(Note that fillable versions of all the Standard Forms are incorporated into the Grants.gov application module. The forms are automatically “signed” through the Grants.gov submission process. These versions should be filled out in lieu of submitting scanned copies of printed versions.)

· Project Narrative - Provide a narrative description of the project that outlines the scope of work, including a timeline with anticipated benchmarks, and planned results/outcomes. There should be sufficient detail to help support the review of the budget information and the described work should align with the budget detail.

All applicants must provide a statement to identify whether or not any overlap exists between the proposed project and any other active or anticipated projects in terms of activities, costs, or time commitment of key personnel. If any overlap exists, applicants must provide a description of the overlap in their application. Applicants must also state whether the application submitted for consideration under this program is/is not in any way duplicative of any application that was submitted for funding consideration to any other potential funding source (Federal or non-Federal). If such a circumstance exist, applicants must detail when the other duplicative proposal(s) were submitted, to whom (entity name and program), and when funding decisions are expected to be announced. If at any time a proposal is awarded funds that would be duplicative of the funding requested from NPS, the applicant must immediately notify the State who must immediately identify the NPS program officer.

· Budget Narrative - Provide a narrative description of the items included in the project budget. The budget narrative should clearly identify all project costs, and should align with the scope of work identified in the project narrative. Provide detailed information on all cost categories, including the value of in-kind contributions of goods and services provided to complete the project to be counted for matching purposes. Unit costs shall be provided for all budget items including the cost of work to be provided by contractors or sub-recipients. Cost categories can include, but are not limited to, those costs items included on the SF-424A or SF-424C.

· Indirect Costs - If the budget proposes to include indirect costs, the rate as proposed must meet the requirements of 2 C.F.R. Part 200, Section 200.414 and 2 C.F.R. Part 200, Appendix VII. A copy of the negotiated indirect cost rate agreement that covers the initial performance period or if that’s not available, the current agreement (expired agreements are not acceptable) must be provided with the application. The costs must also be shown on the SF-424A and described in the budget narrative. Applications that fail to document indirect costs will not be reimbursed for them.

· Other Documents required by the Program

· Proposal Description and Environmental Screening Form

· Description and Notification Form

· LWCF Boundary Map

· Location Map

· Pre-award Onsite Inspection Report (if in accord with the state’s inspection agreement with NPS)

· Copy of the approved waiver of retroactivity (if applicable)

NPS reserves the right to request additional or clarifying information for any reason deemed necessary, including, but not limited to:

(a) Other project narrative or budget information

(b) Financial capability

(c) Evaluation of risk

(d) Name and phone number of the Designated Responsible Employee for complying with national policies prohibiting discrimination (See 43 C.F.R. 17)

3. Unique entity identifier and System for Award Management (SAM) Each applicant (unless exempt under 2 C.F.R. 25.110) is required to:

(a) Be registered in SAM before submitting its application;

(b) Provide a valid unique entity identifier in its application (currently a DUNS number);

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

Registration processes for SAM can be found at https://www.sam.gov. SAM accounts must be renewed and validated annually.

A financial assistance agreement will not be made with an applicant until the applicant has complied with all applicable unique entity identifier and SAM requirements. If an applicant has not fully complied with the requirements by the time that an agreement is ready for award, a determination may be made that the applicant is not qualified to receive a Federal award. That determination may be used as a basis for making a Federal award to another applicant.

In addition, in order to submit an application through Grants.gov an applicant must have an active SAM registration and register for submission permissions through the Grants.gov website. Utilize the following link to guide you through this process: http://www.grants.gov/web/grants/applicants/organization-registration.html

4. Submission Dates and Times Applicants are responsible for their proposals being submitted to the National Park Service. To be processed in this funding cycle, complete applications must be received by Wednesday, January 17, 2020, 10:00 PM ET. Applications must be submitted electronically through Grants.gov. Applications sent by facsimile, email, or mail delivery will not be accepted. Applications submitted to Grants.gov after the deadline will not be accepted. The receipt date and time stamp given by Grants.gov will establish whether the application met the deadline. An applicant's failure to meet an eligibility criterion by the time of the application deadline may result in the application being excluded from consideration during this cycle. This includes but is not limited to late and incomplete application packages.

You are encouraged to submit the application well before the deadline and not wait until the last minute. The uploading and transfer process can take a while, especially when Grants.gov is getting heavy use. In addition, after the application is submitted it gets validated before it is forwarded to the NPS. Normally this happens within a few minutes to a couple of hours, but it can take Grants.gov up to a day or two to validate or reject an application. You can monitor your application’s status by email. You will receive four (4) emails from Grants.gov in the submittal process: the first confirms successful receipt and contains a Grants.gov tracking number; the second confirms that the application has been validated; the third confirms the application was “received” by the agency, and the fourth assigns an NPS tracking number. If you do not get the first email, you should assume the application did not successfully submit to Grants.gov. If you do not receive all four emails, you should assume the application was not actually forwarded to NPS, notwithstanding the email about receipt, in which case you should let your NPS program officer know. Sometimes there are glitches that prevent actual transmission, for example, applications that exceed 25mg in size do not get forwarded to the DOI system. Most problems occur at the validation step so you should always check the second email; if there was a problem it should be described in this email. Technical difficulties with application submittal should be directed to the Grants.gov help desk. NPS staff can confirm receipt of submission, but cannot resolve issues with Grants.gov or extend the application deadline due to difficulties with submission via Grants.gov.

5. Intergovernmental Review This notice of funding opportunity is not subject to Executive Order (EO) 12372 “Intergovernmental Review of Federal Programs.” However, the actual applications may still be depending on the State. Applicants subject to EO 12372 must contact their State’s Single Point of Contact (SPOC) to find out about and comply with the State’s process. The names and addresses of the SPOC’s are listed in the Office of Management and Budget’s (OMB) Office of Federal Financial Management resources list: https://www.whitehouse.gov/wp-content/uploads/2019/02/SPOC-February-2019.pdf.

6. Funding Restrictions LWCF grants may be used for the acquisition or development (or a combination) of lands and facilities that will provide outdoor recreation opportunities to the public. Planning grants are also available to the States to assist in the development of SCORP. Acquisition of land may be in fee or a lesser interest as long as some form of public access is provided. On the development side, LWCF assistance is available for most types of facilities needed for the use and enjoyment of outdoor recreation areas but includes things like sport and other playing fields, parks and picnic areas, water-based recreation facilities such as pools and spray parks, trails, campgrounds, boating facilities, etc. Certain kinds of support facilities may also be eligible. For either project type, the project sponsor must possess sufficient legal title and control of the property to be assisted to ensure that it can be managed and maintained for outdoor recreation in perpetuity and otherwise remain compliant with 54 U.S.C. 200305(f)(3) of the LWCF Act. LWCF Manual Chapter 3 describes project eligibility and implementation requirements in detail.

LWCF funds may not be used for (not inclusive):

Costs incurred by the applicant prior to the start date of the period of performance of a signed Federal award are only allowable with an approved Waiver of Retroactivity signed by a FAAO.

7. Other Submission Requirements Complete applications must be submitted in electronic form via Grants.gov to the National Park Service by the deadline identified above. Applications submitted by other means or not received by the deadline will not be considered. Please note that since January 1, 2018, Grants.gov has mandated the use of “Workspace” for application development and submission. For more information, please review: https://www.grants.gov/web/grants/applicants/workspace-overview.html. Workspace will be the mechanism for filling out and submit the standard forms (e.g., SF-424). However, for the other required application elements (e.g., the PD/ESF) files can be submitted in PDF, typical word processing programs such as MSWord, Excel, etc.

Grants.gov will accept applications only from currently authorized organization representatives (AORs) affiliated with a particular agency. If you are not already an AOR you will need to create an account with Grants.gov and identify your agency’s e-business point of contact to be designated as an AOR for your agency. Agency processes vary: some have only a limited number of AORs who can submit applications while others will designate AORs for each program that needs one. Prior to attempting to submit an application, it is a good practice to check to ensure that your agency’s Grants.gov and SAM accounts are current/active, along with the individual Grants.gov account of the AOR who will submit the application. Last, please make sure that the DUNS number associated with the Grants.gov account that will be used to submit the application matches the one that has been registered with the NPS for use with the payment system (ASAP), otherwise funds will not transfer to ASAP when the award is approved.

In the event you experience technical difficulties with submitting your application, it is best for you to contact the Grants.gov help desk. However, you should also contact your state’s Program Officer to let them know your application may be delayed.

Section E: Application Review Information

1. Criteria Merit review of proposals is conducted mainly at the State or Territory level, prior to submission of the application to the NPS. Each State or Territory has its own process and criteria for soliciting, reviewing, and selecting applications to be nominated to the NPS (this is known as the “open project selection process” and it is approved for each State by the NPS in conjunction with the SCORP review and approval process). You should contact your State’s lead agency for specific details. However, all nominated projects must conform to the LWCF purpose, and the Secretary of the Interior Key Initiative, of providing access to outdoor recreation.

2. Review and Selection Process A draft of each nominated application is reviewed by the NPS program officer for the applicable State to establish concurrence that the project satisfies the State’s SCORP, to ensure the project is consistent with the intent of the LWCF State and Local Assistance Program, and to ensure the project is compliant with the LWCF Manual and other relevant laws, regulations, and policies pertaining to federal financial assistance. Once the application is found to be ready and eligible to be processed for award, the final version is submitted through Grants.gov.

3. Evaluation of Applicant Risk In accordance with 2 C.F.R. 200.205, applications selected for funding will be subject to a pre-award risk assessment which may include a review of information contained within the applicant’s proposal, past audits, Federal Awardee Performance and Integrity Information System (FAPIIS), and/or past performance on previous Federal financial assistance awards. Negative information that leads to a recipient being designated as “Medium Risk” or “High Risk” may result in specific conditions, as identified in 2 C.F.R. 200.207, being incorporated into the final award.

If the Federal share of the project cost is anticipated to be over $150,000.00, prior to making a Federal award, any information about the applicant that is in the designated integrity and performance (currently FAPIIS) will be reviewed and considered (see 41 U.S.C. 2313). Applicants may review and comment about any information about itself in FAPIIS. The Federal awarding agency will consider any comments by the applicant, in addition to the other information in the designated integrity and performance system, in making a judgment about the applicant's integrity, business ethics, and record of performance under Federal awards when completing the review of risk posed by applicants as described in 2 C.F.R. 200.205

4. Anticipated Announcement and Federal Award Dates Final applications can be submitted at any time during the open period of this NOFO. Generally, they will be processed in the order received.

Section F: Federal Award Administration Information

1. Federal Award Notices Upon approval of the award, the State will be sent a grant agreement for signature. Work cannot begin before the recipient receives the fully executed copy of the grant agreement, which contains the signature of the FAAO. Any pre-award costs incurred prior to the receipt of a signed agreement is at the applicant’s own risk. A signed grant agreement signed by a FAAO is the only authorizing document to begin performance.

2. Administrative and National Policy Requirements

a. Administrative requirements The LWCF Grant Assistance Manual, v. 68 (October 1, 2008) establishes the specific eligibility, procedural, and programmatic requirements for LWCF grants. A copy of the Manual can be found at https://www.nps.gov/subjects/lwcf/upload/lwcf_manual.pdf. The Manual outlines the criteria and process for eligible states and territories to develop a SCORP, develop projects for nomination to the NPS, submit applications, and implement grants for selected projects. All applications submitted pursuant to this announcement must be consistent with the Manual and are subject to the requirements described therein.

Recipients and sub-recipients of LWCF grants are also subject to all Federal laws and agency policies, regulations, and procedures applicable to Federal financial assistance awards. These are described in the Manual and in the terms and conditions.

b. Code of Federal Regulations (C.F.R.)

By accepting Federal financial assistance, the recipient organization agrees to abide by the applicable Federal regulations in the expenditure of Federal funds and performance under this program: 2 C.F.R. Part 200 - Uniform Administrative Requirements, Cost Principles, and Audit Requirements For Federal Awards

c. Standard Award Terms and Conditions Acceptance of a Federal financial assistance award from the Department of the Interior carries with it the responsibility to be aware of and comply with the terms and conditions of the award. Acceptance is defined as the start of work, drawing down funds, or accepting the award via electronic means. Awards are based on the application submitted to, and as approved by the FAAO. All financial assistance awards are subject to the terms and conditions incorporated either directly or by reference in the award document. Code of Federal Regulations/Regulatory Requirements, as applicable, are listed below (Contact the FAAO with any questions regarding the applicability of the following):

· 2 C.F.R. Part 175 - Trafficking Victims Protection Act of 2000

· 2 C.F.R. Parts 182 & 1401 - Government-wide Requirements for a Drug-Free Workplace

· 2 C.F.R. Parts 180 & 1400 - Government-wide Debarment and Suspension (Non-procurement)

· 43 C.F.R. 18 - Restrictions on Lobbying

d. LWCF Terms and Conditions The LWCF-specific terms and conditions are integrated into the standard conditions document and are additional conditions that recipients must also agree to in accepting the grant, such as the requirement to record language and a copy of the LWCF boundary map with the land records for the property to acknowledge the LWCF assistance. If there are outstanding issues still requiring resolution at the time the grant is issued, the NPS may include special award conditions on the gran constraining when work on the project may begin or restricting access to the funds until the conditions are satisfied.

e. Order of Precedence Any inconsistency in the agreement shall be resolved by giving precedence in the following order: (a) Any national policy requirements and administrative management standards; (b) 2 C.F.R. Part 200, in its entirety; (c) requirements of the applicable OMB Circulars and Treasury regulations; (d) special terms and conditions; (e) all agreement sections, documents, exhibits, and attachments; (f) and the non-Federal entity’s project proposal.

f. Modifications The agreement may be modified by written agreement signed by both the recipient’s Authorized Representative and the FAAO. Administrative changes (e.g., Awarding Officer name change, etc.) that do not change the statement of work, agreement amount, etc., or otherwise affect the recipient may be signed unilaterally by the FAAO. Additionally, a unilateral modification may be utilized if it should become necessary to impose remedies for non-compliance, suspension, or termination of the agreement in accordance with 2 C.F.R. 200, Section 200.338 – 200.342.

All other changes shall be made by means of a bilateral modification to the agreement. No oral statement made by any person, or written statement by any person other than the FAAO shall be allowed in any manner or degree to modify or otherwise effect the terms of the agreement.

g. Payments All applicants must be registered in the System for Awards Management (SAM) prior to award under this NOFO. Instructions for registering for SAM are located at http://www.sam.gov/portal/public/SAM. All applicants must maintain an active SAM registration with current information at all times while they have an active Federal award or an application under consideration.

All applicants must also be registered with, and willing to process all payments through, the Department of the Treasury Automated Standard Application for Payments (ASAP) system. All recipients with active NPS financial assistance agreements must be enrolled in ASAP under the appropriate Agency Location Code(s) (ALC) and the Data Universal Number System (DUNS) Number prior to the award of funds. If a recipient has multiple DUNS numbers they must separately enroll within ASAP for each unique DUNS Number and/or Agency. Note that if your entity is currently enrolled in the ASAP system with an agency other than NPS, you must enroll specifically with NPS in order to process payments.

h. Funding Restrictions All funding is contingent upon the availability and appropriation of funds by the United States Congress.

i. Cost Principles:

Costs must be allowable in accordance with the applicable Federal cost principles referenced in 2 C.F.R. Part 200, Subpart E – Cost Principles.

j. Pre-award Costs:

To incur reimbursable or matching costs prior to award, the applicant must comply with 2 C.F.R. 200.458 and request and obtain written approval in the form of a Waiver of Retroactivity from the FAAO. Certain other pre-award costs may be allowable in accordance with Chapter 5.A.3 of the LWCF Manual.

3. Reporting All required reports are submitted to the applicable NPS program officer for the specific state.

a. Financial Status Reports:

A report of expenditures is required as documentation of the financial status of awards according to the official accounting records of the recipient’s organization. The financial information will be reported by completing and submitting the Federal Financial Report (FFR), SF-425. Financial reports will be required annually and shall be submitted within 90 calendar days after the end of the annual reporting period. The FAAO may designate a reporting schedule requiring more frequent reporting based on the assessment of risk. The reporting requirements will be defined within the grant agreement. A final FFR shall be submitted no more than 90 calendar days after the conclusion of the project or the end date of the agreement, whichever comes first.

The FFR can be downloaded at:

http://www.whitehouse.gov/omb/grants/standard_forms/ffr.pdf

The FAAO will review the report for patterns of cash expenditures and assess whether performance or financial management problems exist. Before submitting the FFR to the FAAO, recipients must ensure that the information submitted is accurate, complete, and consistent with the recipient’s accounting system. The recipient Authorized Certifying Official’s signature on the FFR certifies that the information in the FFR is correct and complete and that all outlays and obligations are for the purposes set forth in the agreement documents, and represents a claim to the Federal Government. Filing a false claim may result in the imposition of civil or criminal penalties.

b. Performance Reports:

A report of performance is required as documentation of performance towards the accomplishments of the Federal award, detailing project activity and participant profile information. Performance reports will be required annually and shall be submitted within 90 calendar days after the end of the annual reporting period. The FAAO may designate a reporting schedule requiring more frequent reporting based on the assessment of risk. Grants for SCORPs shall require a performance report with each request for payment, which the NPS must approve before payment is authorized. Reporting requirements will be defined within the grant agreement. A final performance report shall be submitted no more than 90 calendar days after the conclusion of the project or the end date of the agreement, whichever comes first. If the NPS and the State have agreed to a revised project boundary map during the course of the grant, a final version is submitted at this time.

In accordance with 2 C.F.R. 200.328, performance reports shall contain brief information on:

(1) A comparison of actual accomplishments to the objectives of the Federal award established for the period. Where the accomplishments of the Federal award can be quantified, a computation of the cost (for example, related to units of accomplishment) may be required if that information will be useful. Where performance trend data and analysis would be informative to the Federal awarding agency program, the Federal awarding agency should include this as a performance reporting requirement;

(2) The reasons why established goals were not met, if appropriate; and

(3) Additional pertinent information including, when appropriate, analysis and explanation of cost overruns or high unit costs.

Before submitting a performance report to the FAAO, recipients must ensure that the information submitted is accurate, complete, and consistent with the recipient’s Federal financial report. Filing false information may result in the imposition of civil or criminal penalties.

c. Non-Compliance:

Failure to comply with the reporting requirements contained in an agreement may be considered a material non-compliance with the terms and conditions of the award. Non-compliance may result in withholding of future payments, suspension or termination of the agreement, recovery of funds paid under the agreement, and the withholding of future awards.