NFPP BIL FY23 NOFO FINAL revised 111622.pdf

U.S. Fish and Wildlife Service

FWS-Fish and Aquatic Conservation

National Fish Passage Program Bipartisan Infrastructure Law Fiscal Year 2023 https://www.fws.gov/program/national-fish-passage

Fiscal Year: 2023

F23AS00078

Due Date for Applications: 12/31/2023

Letters of Intent must be received by 11:59 p.m. Eastern Time on December 16, 2022.

Full applications (by invitation only) are due in GrantSolutions by 11:59 p.m. Eastern Time on December 31, 2023.

Table of Contents A. Program Description

B. Federal Award Information

B1. Total Funding

B2. Expected Award Amount

B3. Expected Award Funding and Anticipated Dates

B4. Number of Awards

B5. Type of Award

C. Eligibility Information

C1. Eligible Applicants

C2. Cost Sharing or Matching

C3. Other

D. Application and Submission Information

D1. Address to Request Application Package

D2. Content and Form of Application Submission

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

D4. Submission Dates and Times

D5. Intergovernmental Review

D6. Funding Restrictions

D7. Other Submission Requirements

E. Application Review Information

E1. Criteria

E2. Review and Selection Process

E3. CFR – Regulatory Information

E4. Anticipated Announcement and Federal Award Dates

F. Federal Award Administration Information

F1. Federal Award Notices

F2. Administrative and National Policy Requirements

F3. Reporting

G. Federal Awarding Agency Contact(s)

G1. Program Technical Contact

G2. Program Administration

G3. Application System Technical Support

H. Other Information

A. Program Description

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

Assistance Listing Number

15.685 National Fish Passage

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

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

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

Project work plans are developed strategically, in coordination with partners, and with substantial involvement from FAC staff. Projects must be based upon sound scientific principles, advance the Service mission, and promote biological diversity. Applicants seeking funding under this program should contact the regional NFPP Coordinator that corresponds to the location of the project for additional information on regional priorities and coordination with FAC staff prior to applying for funding. Contacts are listed at end of this announcement.

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

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

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

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

B. Federal Award Information B1. Total Funding

Estimated Total Funding Up to $38,000,000

B2. Expected Award Amount

Maximum Award $2,000,000

Minimum Award $100,000

The range for individual awards is expected to be between $100,000 and $2,000,000.

B3. Expected Award Funding and Anticipated Dates

Expected Award Funding $1,000,000

Expected Award Date June 1, 2023

B4. Number of Awards

Expected Number of Awards

B5. Type of Award

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

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

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

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

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

Helping select project staff or trainees;

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

Immediately halting an activity if detailed performance specifications are not met; and Limiting recipient discretion with respect to scope of work, organizational structure, staffing, mode of operations, and other management process, coupled with close monitoring or operational involvement during performance under the award.

C. Eligibility Information C1. Eligible Applicants

For eligible applicants to receive funding, NFPP BIL projects must be developed and implemented in coordination with FAC staff. FAC Program staff work collaboratively with potential applicants to identify common conservation priorities and provide technical assistance to applicants in the generation and development of projects. To be eligible for this funding, potential applicants must work with their local FAC Program staff to ensure the eligibility of their project (see Section D2 for application submission process and Section E2 for project review and selection process). Applicants may be, but are not limited to:

State agencies Federal agencies Private landowners Tribes

Local municipalities Non-governmental organizations Special district governments Independent school districts Public and State controlled institutions of higher education Native American tribal governments (Federally recognized) Public housing authorities/Indian housing authorities Native American tribal organizations (other than Federally recognized tribal governments) Nonprofits having a 501(c)(3) status with the IRS, other than institutions of higher education Nonprofits that do not have a 501(c)(3) status with the IRS, other than institutions of higher education Private institutions of higher education Individuals For profit organization other than small businesses Small businesses Other

Additional Information on Eligibility Applicants must ensure that activities occurring outside the United States, or its territories are coordinated as necessary with appropriate U.S. and foreign government authorities and that any necessary licenses, permits, or approvals are obtained prior to undertaking proposed activities.

The Service does not assume responsibility for recipient compliance with the laws and regulations of the country in which the work is to be conducted.

C2. Cost Sharing or Matching

Cost Sharing / Matching Requirement No

Percentage of Cost Sharing / Matching Requirement NFPP BIL does not require match. However, NFPP BIL seeks to maximize partner leveraging of NFPP investments by securing 50 percent of project costs from partners. The project evaluation criteria below (see section E) outlines how the amount of Leveraged Funds is considered in project review and ranking. Leveraged funds can include any non-NFPP (BIL or annual allocation) funding. Applicants may attribute some or all their allowable indirect costs as voluntary committed cost-share, however recipients may only charge to the Federal award the indirect costs calculated against the allowable direct costs charged to the federal award.

Recipients may not charge to the federal award indirect costs calculated against 1) any portion of the recipient’s direct costs that are proposed as voluntary committed cost-share/match; or 2) any portion of the direct costs charge to any other federal or non-federal partner.

Pre-Award Costs Both federal and leveraged pre-award costs incurred up to 90 days prior to the award start date may be requested and will be considered during pre-award negotiations between the applicant and the Service. Incurring pre-award costs before the Service provides a Notice of Award is at the applicant's own risk.

C3. Other

Fish passage projects are not eligible for funding if they are for any federal or state compensatory mitigation. Fish passage projects are not eligible for funding if fish passage is a condition provided by existing Federal or State regulatory programs. Fish passage funds may not be used to construct, operate, or maintain fish passage at facilities licensed or permitted by the Federal Energy Regulatory Commission. The BIL did not provide NFPP any new authority to remove, breach, or otherwise alter the operations of a federal hydropower dam. Projects that have or will be surrendering their FERC license and proposing voluntary fish passage provisions or barrier removal may be eligible for funding. Any dam removal projects shall include written consent of the dam owner if ownership is established.

Foreign Entities or Projects:

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

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

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

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

Excluded Parties:

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

D. Application and Submission Information D1. Address to Request Application Package

To be considered for funding under this funding opportunity, projects must be developed with the Service region where the project is located. If you have a proposed project that meets the

Application Review Information criteria (Section E1), please contact your NFPP Regional Coordinator (see Section G1 for contact information). NFPP Regional Coordinators serve as points of contact for eligible applicants wishing to initiate or continue the application process.

Program Website Link For more information on FAC Program facilities, please visit: https://www.fws.gov/our-facilities. For more information on the National Fish Passage Program (https://www.fws.gov/program/national-fish-passage).

D2. Content and Form of Application Submission

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

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

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

SF-424, Application for Federal Assistance

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

1. Permit the preparation of required reports;

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

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

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

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

When completing the SF-424 Application form, enter only the amount requested from this Federal program in Box 18a, Estimated Federal Funding. Include any other Federal sources of funding in Box 18e. Estimated Other Funding and identify any such sources and amounts in the required Budget Narrative (see below). For individuals applying as a private citizen (i.e., unrelated to any business or nonprofit organization you may own or operate in your name), do NOT include your Social Security Number on this or any other document to be submitted with your application! When completing the SF-424 Application form, individuals must enter in Box 8b. Employee/Taxpayer Identification Number (EIN/TIN) the substitute number “444-44- 4444.” Individuals may register in SAM.gov but are not required to have a SAM.gov registration. For individuals without a SAM.gov registration enter in Box 8c. the substitute Unique Entity Identifier (UEI) “KA5HQCLKUVW1”.

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

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

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

For applicants applying through GrantSolutions-Grants Management Module (GS- GMM): Applicants must enter the information in the Project Abstract Summary screen. Do not upload a document in place of entering the information directly into GS-GMM Project Abstract Screen.

Project Narrative Project title Description of entity(ies) undertaking the project Statement of need – Explain why the project is necessary and how it aligns with the

Service program’s goals.

o A need statement will identify the specific conservation concern, problem, issue, or opportunity to be addressed.

o A need statement will provide evidence such as results from surveys, research or other data to demonstrate that the need is real and not perceived.

o A need statement will identify the negative result of taking no action.

Purpose – Describe the desired future state that addresses the need in whole or part.

Project objectives – Objectives state the desired outcome of the proposed project in terms that are specific, measurable, achievable, realistic, and time-bound, and any milestones that must be reached to achieve objectives.

o Objectives are meant to be realistic targets or benchmarks that, if achieved, will resolve the project need.

o Objectives are written in an active tense and use action verbs such as construct, survey, train, research, establish, repair, conduct, provide, acquire.

Methods/Approach – Describes the methods used to achieve the stated objectives. For cooperative agreements, please specify the tasks/deliverables where the Service will be substantially involved in carrying out the objectives of the award.

o Approach describes the specific conservation actions or efforts necessary to accomplish project objectives.

o Approach answers the question of “how” the objectives will be accomplished by describing the actual work that will be done.

o Approach will demonstrate that the agency will use sound design, appropriate procedures, and accepted fish and wildlife conservation, management, or research principles.

o Any deliverables resulting from the funding should be noted in this section.

Timeline or milestones – Describe significant milestones in completing the project and any accomplishments to date.

Information to support environmental compliance review requirements – the Service has the responsibility for making the final determination regarding compliance with Federal laws. Note: while the environmental compliance laws are primarily applicable to projects carried out in the U.S., projects carried out on the high seas are subject to compliance with Section 7 of the Endangered Species Act, and projects outside the U.S. on any property on the UNESCO World Heritage List or the in-country equivalent of the U.S.

National Register of Historic Places are subject to compliance with Section 106 of the National Historic Preservation Act o National Environmental Policy Act (NEPA) – provide any information that may be relevant to compliance with NEPA. o Endangered Species Act (ESA) – provide any information that may be relevant to compliance with the ESA.

o National Historic Preservation Act (NHPA) – provide any information that may be relevant to compliance with NHPA, such as locations of historic or cultural properties.

o Other Permits – list and provide the current status of any other required Federal permits.

Description of stakeholder coordination or involvement including a description of the role other stakeholders will undertake in the project.

Required project monitoring and evaluation plan with specific performance metrics, including a description of the assessment tools to be used.

Information on key project personnel, including details on their expertise, skill, or significance to the project o Principal investigator (Research) o Recipient project lead

Project location details and supporting documentation such as maps, GIS data, or geopolitical data, as applicable.

Provide a general description of where the work will be conducted.

SF-424A, Budget Information for Non-Construction Programs Applicants must complete and submit the SF-424A Budget Information form for Non- Construction Programs or Projects. All required application forms are available with this announcement on Grants.gov or in GrantSolutions. Federal award recipients and subrecipients are subject to Federal award cost principles in Title 2 of the Code of Federal Regulations (CFR) part 200. Applicants must show funds requested from this Federal program separately from any other Federal sources of funding. In “Section A – Budget Summary” on the SF-424A form enter the funding requested from this Federal program in the first row. Identify any other Federal funding sources and amounts in the required Budget Narrative (see below). In the SF-424A “Contractual” category total, do not combine estimated subawards and contractual costs. Use the “Contractual” category to reflect estimated contractual costs only. Enter estimated subaward costs in the SF-424A “Other” category. Provide a separate description and total estimated costs for both contractual and subaward costs in the required Budget Narrative (see below).

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

SF-429 Request to Acquire, Improve, or Furnish Real Property Applicants seeking approval to acquire real property under an award must complete and submit the SF-429, “Real Property Status Report (Cover Page)” and the SF-429-B, “Real Property Status Report Attachment B (Request to Acquire, Improve, or Furnish)”. These forms are required if the real property is acquired with Federal funds, with recipient cost share or matching funds, or as an in-kind contribution under the award. The SF-429 forms are not available with this announcement on Grants.gov; they are available on the Grants.gov Post-Award Reporting Forms page. Please submit these completed forms as attachments to your application.

Budget Narrative Applicants must include a budget narrative that describes and justifies requested budget items and costs. In your budget narrative, describe how the SF-424 Budget Information, “Object Class Category” totals were determined. For personnel salary costs, generally describe how estimates were determined by identifying what type of staff will support the project and how much time they will contribute to the project (in hours or workdays). Describe any proposed items of cost that require prior approval under the Federal award cost principles, including any anticipated subawarding, transferring, or contracting out of any work under the award. Provide a separate description and total estimated costs for both contractual and subaward costs. If equipment previously purchased with Federal funds is available for the project, provide a list of that equipment and identify the Federal funding source. Identify any third-party cash or in-kind contributions that a partner or other entity will contribute to the project and describe how the contributions directly and substantively benefit completion of the project. For in-kind contributions, identify the source, the amount, and the valuation methodology used to determine the total value. See 2 CFR §200.306 for more information. Please note the prohibitions on certain telecommunications and video surveillance services or equipment in 2 CFR 200.216. The Department of Interior’s Unmanned Aircraft web page provides a list of approved unmanned aircraft and related equipment and software.

Applications invited to submit a full proposal are required to include the following in the budget narrative:

Describe and justify requested budget items and costs identified on the SF424 budget form.

Provide sufficient information to show that the project is cost effective.

Describe any item that requires the Service’s approval (e.g., capital improvements, real property acquisitions, or equipment purchases).

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

a. Applicability.

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

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

b. Notification.

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

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

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

USC §1352.

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

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

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

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

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

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

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

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

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

Certifications and Representations”. See the “Submission Requirements” section of this document below for more information on SAM.gov registration.

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

D4. Submission Dates and Times

Due Date for Applications December 31, 2023

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

D5. Intergovernmental Review

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

D6. Funding Restrictions

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

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

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

Required Indirect Cost Statement to be submitted by Organization:

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

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

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

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

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

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

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

Attached is a copy of our current rate agreement.

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

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

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

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

We are an organization that will charge all costs directly.

Both federal and leveraged pre-award costs incurred up to 90 days prior to the award start date may be requested and will be considered during pre-award negotiations between the applicant and the Service. Incurring pre-award costs before the Service provides a Notice of Award is at the applicant's own risk.

D7. Other Submission Requirements

The Service uses the GrantSolutions system to manage financial assistance applications and awards. Applicants must register in and conduct any subsequent award business with the Service in GrantSolutions. To apply, your organization and organization officials must be established in GrantSolutions. To register your organization in GrantSolutions, send an email to help@grantsolutions.gov with the following information:

Subject: New Organization Request

a. Organization/Individual Name

b. Point of Contact first and last name, email, and phone number

c. Organization Type

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

e. Organization Employer Identification Number (Applicants that are INDIVIDUALS DO

NOT include your social security number)

f. Address

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

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

E. Application Review Information E1. Criteria

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

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

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

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

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

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

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

Permanence of Fish Passage Benefits (10 points)

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

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

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

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

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

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

Regional and Watershed Context (15 points)

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

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

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

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

Is the project expected to leverage or significantly contribute to regional or watershed restoration efforts including those outlined in a regional or watershed plan or…