NOAA-NOS-OCM-2016-2004625 FFO Report.pdf

ANNOUNCEMENT OF FEDERAL FUNDING OPPORTUNITY

EXECUTIVE SUMMARY

Federal Agency Name(s): National Ocean Service (NOS), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce

Funding Opportunity Title: Coastal and Estuarine Land Conservation Program - FY 2016 Great Lakes Competition

Announcement Type: Initial

Funding Opportunity Number: NOAA-NOS-OCM-2016-2004625

Catalog of Federal Domestic Assistance (CFDA) Number: 11.419, Coastal Zone Management Administration Awards

Dates: Applications must be received by Grants.gov by 11:59 p.m. Eastern Time (10:59 p.m.

Central Time) on January 29, 2016.

Funding Opportunity Description: The purpose of this notice is to solicit grant proposals from eligible Great Lakes states for coastal and estuarine land conservation (land acquisition) projects under the Coastal and Estuarine Land Conservation Program (CELCP). Applications selected for funding through this solicitation will be implemented through a grant, with awards dependent upon the amount of funds made available to NOAA for this purpose. Proposals submitted in response to this announcement shall protect important coastal and estuarine areas that have significant conservation, recreation, ecological, historical, or aesthetic values, or that are threatened by conversion from their natural, undeveloped, or recreational state to other uses.

Proposals must also advance the goal of the Great Lakes Restoration Initiative (GLRI) to protect and restore Great Lakes aquatic and terrestrial habitats, including those habitats that serve to remediate, restore, and delist Areas of Concern. The designated lead agency for implementing CELCP (lead agency) in each participating State is eligible to submit up to four proposed projects for funding under this competition. The State’s lead agency may solicit, and include in its application, project proposals from additional eligible State or local agencies, as described in Section III.A. of this notice. Projects must be located in one of the following Great Lakes States that have submitted a CELCP plan to NOAA and are currently participating in the program:

Indiana, Michigan, Ohio, Pennsylvania (Lake Erie coast); New York (Lake Erie and Lake Ontario coasts); and Wisconsin. Projects in Illinois and Minnesota will only be eligible if the State’s CELCP lead agency submits a CELCP plan to NOAA by December 11, 2015.

FULL ANNOUNCEMENT TEXT

I. Funding Opportunity Description

A. Program Objective

Coastal areas support the nation’s largest and often fastest-growing population centers. They also house the natural infrastructure, such as forests, wetlands, floodplains, and dunes, that helps protect these coastal communities from storm impacts, support productive fisheries, coastal recreation, and other coast-dependent economic activities. The CELCP provides matching funds to State and local governments to purchase, or acquire conservation easements on, threatened coastal and estuarine lands.

The CELCP was authorized for the purpose of protecting important coastal and estuarine areas that have significant conservation, recreation, ecological, historical, or aesthetic values, or that are threatened by conversion from their natural, undeveloped, or recreational state to other uses. This announcement solicits applications for land acquisition projects (fee simple interest or conservation easements) that will be held and managed in perpetuity for conservation purposes.

The CELCP helps advance the national goals and priorities of the Coastal Zone Management Act (CZMA), including:

- Protection of coastal ecosystems, including wetlands, corals, and natural shorelines;

- Preservation of natural features that provide storm protection such as dunes and barrier islands;

- Minimizing loss of life and property by directing development out of high risk areas;

- Safeguarding coastal water quality;

- Preservation of historic, cultural, and archaeological features;

- Protection of aesthetic coastal features such as scenic vistas; and

- Providing opportunities for public access to the coast.

The CELCP also advances the goal of the GLRI to protect and restore Great Lakes aquatic and terrestrial habitats, based on priorities identified in the GLRI Action Plan II, available at http://go.usa.gov/3SMzF, which places a major focus on: cleaning up Great Lakes Areas of Concern (see http://go.usa.gov/3SMJB); preventing and controlling invasive species; reducing nutrient runoff that contributes to harmful/nuisance algal blooms; and restoring habitat to protect native species.

More information about CELCP is available at http://go.usa.gov/3SMS5.

B. Program Priorities

Within the CELCP, priority will be given to projects that:

- are designed to protect properties that:

(i) can be effectively managed and protected,

(ii) have significant ecological value, and

(iii) have a demonstrated need for protection; and

- can successfully leverage funds among participating entities, including Federal programs, regional organizations, State and other governmental units, landowners, corporations, or private organizations.

Of the projects that meet the above standards, priority will also be given to projects that:

- are designed to protect properties under an imminent threat of conversion to a use that will degrade or diminish their natural, undeveloped, or recreational state;

- serve to mitigate the adverse impacts caused by coastal population growth in the coastal environment; and/or

- reflect the land conservation priority area(s) identified in the State’s CELCP plan, including the goals and objectives of its coastal management plan and National Estuarine Research Reserve (NERR) management plans approved under the CZMA, or regional or State watershed protection plan.

In addition, in support of the Great Lakes Action Plan II, priority will be given to projects that support the following GLRI priorities:

- Protect, restore and enhance Great Lakes coastal wetlands;

- Protect, restore and enhance shorelines, riparian corridors, and other coastal habitats in the Great Lakes basin; or

- Implement management actions necessary to remove Beneficial Use Impairments and delist Areas of Concern.

The CELCP authority also specifies that no less than 15 percent of appropriated CELCP funds be reserved for CELCP acquisitions that benefit NERRs. While the U.S.

Environmental Protection Agency’s (EPA’s) GLRI funding, which NOAA anticipates will be available to support projects funded under this federal funding opportunity (FFO) as described below, does not include such a requirement, NOAA will strive to support projects benefiting Reserves in keeping with the CELCP authorization, while also recognizing that there are only two designated Reserves in the Great Lakes region.

All applications submitted pursuant to this notice must be consistent with the CELCP Guidelines, 68 FR 35860-35869 (June 17, 2003), http://go.usa.gov/c3pfP, except for the following:

- For this solicitation, the eligibility requirement that States and territories have an approved CELCP plan was expanded to include States that have submitted a CELCP plan to NOAA on or before December 11, 2015.

- Any changes directed by CELCP’s 2009 authorization, Pub. L. No. 111-11 (codified at 16 U.S.C. § 1456-1), as described in this FFO.

- Where this FFO may conflict with the Guidelines, such as references and citations to past administrative requirements at 15 C.F.R. Part 24, cost principles, and a Department of Commerce Financial Assistance Pre-Award Notice, this announcement will be in effect.

To prioritize projects that can be effectively managed and protected and successfully leverage funds among participating entities, NOAA may take into account, as a selection factor, whether a project receives a very low score in any of the four evaluation criteria areas for this program (that is, relevance, technical merit, budget, or qualifications of applicants.). Refer to Application and Review information in Section V. of this announcement. This is to ensure that each project selected for funding not only provides for the protection of significant coastal and estuarine values and is consistent with the program, but also can be effectively executed within the performance period, and can be managed and protected for long-term conservation. In some cases, NOAA may recommend the project for funding at a reduced level if certain elements of the project’s proposed budget are determined ineligible.

C. Program Authority

Authority for the CELCP is 16 U.S.C. § 1456-1 (Section 307A of the CZMA, formerly authorized under 16 U.S.C. § 1456d).

II. Award Information

A. Funding Availability

NOAA anticipates that approximately $2,000,000 in FY 2016 funds may be available through the EPA’s Great Lakes Restoration Initiative for CELCP land acquisition projects in Great Lakes States, subject to the availability of fiscal year (FY) 2016 appropriations. Each eligible State’s designated CELCP lead agency may each submit up to four projects for this competition. The maximum amount that may be requested for the Federal share of each project is $1,500,000. Typical CELCP awards are expected to range between $100,000 and $1,000,000 depending on the size, location, and type of project.

The exact number of awards and amount of funds for each award depends on the funding availability, funding amounts requested by applicants, as well as the merits and ranking of projects, and will be determined in pre-award negotiations between the applicant and NOAA representatives.

There is no guarantee that funds will be available to make awards for this federal funding opportunity or that any proposal will be selected for funding.

B. Project/Award Period

Projects funded under this announcement are anticipated to have an award start date between September 1, 2016 and October 1, 2016.

The standard financial assistance award period of performance for awards under this competition is 18 months. NOAA may extend an award up to an additional 18 months, for a performance period of up to three years if circumstances warrant, such as unforeseen circumstances that prevent the project from being completed within the original period of performance. In order to qualify for an extension, grant recipients must be up-to-date on all progress and financial reports, demonstrate progress during the initial period of performance, and be able to demonstrate that additional time is likely to result in successful completion of the project. NOAA anticipates obligating full rather than incremental funding for recipients at the time of award, although restrictions may be placed on the release of all or part of the funding during the award as appropriate until all required documentation is submitted to and approved by NOAA for due diligence or environmental compliance purposes.

C. Type of Funding Instrument

Projects will be funded as grants as defined in the Federal Grant and Cooperative Agreement Act, 31 U.S.C. §§ 6301-6308.

III. Eligibility Information

A. Eligible Applicants

Eligible applicants for this competition are the designated lead agency for implementing CELCP in each participating State (lead agency), as described below. The lead agency is presumed to be the agency designated as lead for implementing the State’s coastal management program, as approved under the CZMA, unless otherwise designated by the Governor. A list of lead contacts for each State and Territory, including eligible Great Lakes States, is available on the CELCP website at http://www.coast.noaa.gov/czm/landconservation/media/celcpstateleadcontacts.pdf

For this competition, Great Lakes States with Coastal Zone Management Programs or NERRS approved under the CZMA that have submitted a CELCP plan to NOAA on or before December 11, 2015 are eligible to apply. The status of each State’s CELCP plan (draft or approved) can be found at www.coast.noaa.gov/czm/landconservation/state/ and will be updated as of as of December15, 2015. Great Lakes States with a status of approved or draft are eligible to participate.

States considered eligible as of September 10, 2015, are: Indiana, Michigan, Ohio, Pennsylvania (Lake Erie coast), New York (Lake Erie and Lake Ontario coasts), and

Wisconsin. The States of Illinois and Minnesota will be eligible if they submit a CELCP plan to NOAA by December 11, 2015. CELCP plans may be submitted in hard copy by mail, or electronically by e-mail, to Elaine Vaudreuil, CELCP competition manager, at the address listed in section VII. Agency Contacts.

Each eligible State’s designated CELCP lead agency may select and submit no more than four applications for this competition, including subsequent phases of projects previously funded by CELCP. These may include proposals from additional eligible State, local or other agencies as described in section III.C. of this notice. Applicants may include multiple parcels in a project application if the parcels are related; however, please note that NOAA will evaluate project readiness and feasibility for completion within an 18-month timeframe.

The designated lead agency may solicit, and include in their application, project proposals from additional eligible state agencies, local governments as defined at 2 C.F.R §

200.64 (Office of Management and Budget (OMB) Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards as adopted by the Department of Commerce through 2 C.F.R. 1327.101, or entities eligible for assistance under section 306A(e) of the CZMA (16 U.S.C. § 1455a(e)) (sub-applicants), provided that each has the authority to acquire and manage land for conservation purposes. As defined at 2 C.F.R. § 200.64, “local government” means any unit of government within a state, including a:

county; borough; municipality; city; town; township; parish; local public authority, including any public housing agency under the United States Housing Act of 1937; special district;

school district; intrastate district; council of governments, whether or not incorporated as a nonprofit corporation under State law; any other agency or instrumentality of a multi-, regional, or intra-state or local government. Under section 306A(e) of the CZMA, an eligible entity may be a local government, an area-wide agency designated under Chapter 41, Subchapter II, Section 3334 of Title 42, a regional agency, or an interstate agency. The public agencies/entities, or types of entities, considered to be eligible within each State may be identified within the State’s CELCP plan.

Links to contact information for each State’s CELCP lead contact, State CELCP plan, and State CELCP website (if applicable), is available at www.coast.noaa.gov/czm/landconservation/state/. Interested parties should contact the appropriate CELCP lead agency in each State for additional information on the State’s project solicitation process.

The lead agency will be responsible for: ensuring that projects are consistent with land conservation priorities outlined in the State’s draft or approved CELCP plan; reviewing proposals for completeness and eligibility requirements; prioritizing proposals according to CELCP plan criteria; and submitting projects to NOAA under this FFO. For selected projects, NOAA may make 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 an eligible sub-applicant.

NOAA may, with concurrence of the State’s CELCP lead agency, make a grant directly to an identified sub-applicant in order to expedite completion of an approved project. In such cases, the sub-applicant (as the grant recipient) will be responsible for ensuring that allocated funds are used for the approved purposes of, and in a manner consistent with, this program.

Federal agencies and employees are not allowed to receive funds under this announcement but may serve as collaborative project partners. Third party in-kind contributions from Federal agencies and employees will not be considered as part of an applicant’s match on shared costs. If federal agencies are collaborators, applicants must provide detail on the expected level of federal engagement in the application. Examples might include, but are not limited to funding contributions from another Federal program;

partnership services; serving in a review capacity; or participating in priority task teams, working groups, or leadership teams.

B. Cost Sharing or Matching Requirement

Federal funds awarded under this program must be matched with non-Federal funds at a ratio of 1:1, as required by 16 U.S.C. § 1456-1.

The source(s) and expected availability of non-Federal matching funds will be assessed as part of Evaluation Criterion 4. Project Costs.

Non-Federal matching funds may be derived from State, local, non-governmental or private sources in the form of cash or third party in-kind contributions. Eligible sources of match and other cost sharing requirements are specified in section 2.7 of the CELCP Guidelines and 2 C.F.R. § 200.306, as well as in the CELCP authorization (16 U.S.C. § 1456-1), and are outlined in detail in section III.C. below.

C. Other Criteria that Affect Eligibility

1. Eligible CELCP Projects

The CELCP provides support for acquisition of fee simple interests in lands or conservation easements from willing sellers within eligible States (as defined in Eligible Applicants, above). In order to be eligible, a project must:

- Protect important coastal and estuarine areas that have significant conservation, recreation, ecological, historical, or aesthetic values, or that are threatened by conversion from their natural, undeveloped, or recreational state to other uses;

- Be located within a State’s designated CELCP area (as identified in its CELCP plan), which is based on its coastal watershed or coastal zone boundary;

- Provide non-Federal matching funds in the form of cash or in-kind contributions at a ratio of 1:1;

- Provide for non-Federal public ownership by the grant recipient or sub-recipient for conservation in perpetuity. If the grant recipient is a State agency that does not have authority to hold title to lands, the property may be held by another State agency that has the authority and mission to own and manage land for conservation purposes in a manner consistent with CELCP. (Note: Third party in-kind match properties may be held by a qualified non-governmental organization for the purposes of conservation);

- Provide for public access or other public benefit, as appropriate and consistent with resource protection;

- Advance the goals, objectives, and implementation of the State’s CELCP plan, including goals and objectives that relate to the coastal management plan or program, NERR management plans approved under the CZMA, national objectives of the CZMA, or a regional or State watershed protection plan for States with approved coastal management plans;

- Acquire property or conservation easements from willing sellers;

- Be consistent with a State’s coastal management program approved under the CZMA;

and

- Complement working waterfront needs, to the extent practicable.

2. Eligible Uses of CELCP Funds

CELCP funds (i.e., the Federal share) may be used for:

- Acquisition of properties or interests in properties (conservation easements) from willing sellers, including direct expenses relating to the acquisition of lands under the CELCP. Costs to be paid from the Federal share must be documented, and expended within the period of performance unless approved for reimbursement as a pre-award cost.

* The negotiated price of the property or conservation easement should be based on the fair market value as established by a complete and self-contained appraisal prepared by an independent State-approved appraiser. Appraisals must reflect nationally recognized appraisal standards, including the Uniform Appraisal Standards for Federal Land Acquisition (the Yellow Book). If an appraisal has not been completed at the time a project proposal is submitted, the applicant may propose a good-faith estimate of the cost for the project based on market value or agreement with the willing seller. However, if the project is selected for funding, an appraisal will be required before funds can be released. The amount of the grant cannot exceed the estimated cost in the project application. If the appraised value of the property is higher than the estimated cost in the project proposal, the applicant must make up the difference. If the appraised value is lower than the estimated cost, NOAA will reduce the Federal share of the project as appropriate. More information can be found in section 4.2.d of the CELCP Guidelines.

* For projects that propose to acquire more than one property, parcels must be located in the same vicinity, be substantially related in terms of conservation values, or have other direct physical or strategic connection (for example, acquiring multiple properties that will be assembled into a single greenway). NOAA recommends that applicants limit the scope to acquiring no more than five separate parcels (including parcels that would be acquired directly with CELCP funds as well as those that would be counted an in-kind match). Properties containing multiple parcels covered under a single appraisal, title report and survey plat could count as one parcel (e.g., a subdivided property with the same landowner).

- Direct and indirect costs for administering the grant award.

* Note that administrative costs may be included in the Federal share, the matching share, or a combination thereof, but the total amount allocated for costs of this nature may not exceed the value of five percent of the requested Federal share for the project, e.g., a proposal requesting $500,000 in CELCP funds may include a maximum of $25,000 for administrative costs in the budget. Whether included in the Federal share or the match share, such costs must be incurred within the period of performance. Such costs may include time spent by staff for project planning, implementation, and review, as well as costs for certain initial land stewardship activities, such as signage, public safety, or other stewardship purposes.

* Expenses such as appraisals, surveys, title opinions, and other direct transaction costs, are considered acquisition costs and do not count toward the five percent limit for administrative costs. If an application includes indirect costs, the amount must be based on the indirect cost rate negotiated and approved by the applicant’s cognizant agency for indirect costs. Applicants requesting indirect costs are required to submit a copy of their indirect cost rate agreement. If an award recipient has not previously established an indirect cost rate with a Federal agency, the negotiation and approval of a rate is subject to the procedures required by NOAA and the DOC.

- Allowable grant costs are limited to costs necessary and reasonable to achieve the approved objectives of a grant and must be consistent with general cost principles for grants awarded by Federal agencies, as specified in 2 C.F.R. Part 200, available at http://go.usa.gov/c3pre.

NOAA will not reimburse expenses that have been incurred prior to the start of a grant award, except in the following cases. Generally, applicants may receive reimbursement for certain costs incurred within 90 days prior to the grant’s official start date if such costs are requested in the application and the applicant can demonstrate it is necessary to incur the costs prior to the official award start date. Pre-award costs eligible for consideration include costs necessary for conducting appraisals, title work, and environmental assessments. The cost of land acquisition may also be reimbursed as a pre-award cost if the acquisition occurred between the selection date (the date that NOAA selects its list of projects for funding) and the start date for an approved grant award. If an applicant incurs costs before the effective date of the grant, they do so at their own risk.

CELCP funds may not be used for:

- Funding long-term operations, maintenance, and management of the land (above those costs allowed for initial land stewardship);

- Construction of buildings, boat launching facilities, docks or piers, shoreline armoring, or other facilities;

- Research;

- Outreach and education;

- Acquisition of lands, or interests in lands, that completely restrict access to specific persons (e.g., non-residents of a community);

- Acquisition of lands, or interests in lands, to comply with mandatory or compensatory mitigation for recent, pending or future habitat losses resulting from the actions of agencies, organizations, companies, or individuals;

- Enforcing fish, wildlife, or other regulations, either solely or primarily, except when necessary for the accomplishment of approved project purposes;

- Acquisition of land for active recreation, such as sports facilities, water parks, playgrounds, or similar uses; or

- Reimbursement of expenses that have been incurred prior to the start of a grant award, except those approved as pre-award costs.

3. Eligible Sources of non-Federal Matching Funds

Requirements for valuation of recipient and third party in-kind contributions of cost share or match are described in 2 C.F.R. § 200.306(d)-(k) and further implemented as described below. Non-Federal matching funds may be derived from third party in-kind contributions of conservation lands or services associated with acquiring such lands, provided that the expenses are incurred (or lands donated) during the period of performance or within the three years prior to submission of a final grant application (banked match), as described in section 2.7.c. of the CELCP Guidelines. For projects selected for funding, final grant applications would be due to NOAA sometime between May and June of 2016.

Therefore, for the purposes of this competition, banked match must be incurred, depending on the anticipated date of application, no earlier than May through June of 2013.

Third party in-kind contributions may include:

- The value of other lands or easements acquired by or donated to the grant recipient, sub recipient or a qualified non-governmental organization (which generally include non-profit organizations recognized under Section 501(c)(3) of the IRS code whose primary mission is to acquire and manage land for the purposes of conservation). Please see below for additional provisions that apply.

- Costs associated with acquisition of lands or easements proposed for use as third party in-kind match, (e.g.. direct acquisition-related expenses such as title, appraisal, or survey). Third party in-kind services such as land management planning, on-site remediation, restoration, and enhancement (including donated labor and supplies) for properties to be acquired with CELCP funds are eligible if the expenses are incurred within the award performance period.

- Donated land value derived from a bargain sale of a property to the grant recipient at less than full appraised value, where the seller intends to contribute the difference in value to the project. The donated value must be substantiated through the property’s appraisal, which must be conducted by an independent State-approved appraiser.

Lands or easements whose value is used as match must:

- Be in the vicinity of the property being acquired with CELCP funds, be substantially related in terms of conservation values, or have other direct physical or strategic objective connections to the CELCP property.

- Meet the eligibility criteria and stewardship requirements described in sections 2.3-2.6 of the CELCP Guidelines.

- Be based on the value at the time of grant closing (per the 2009 CELCP authorization), as supported by a complete and self-contained appraisal reflecting nationally-recognized appraisal standards (i.e., the Uniform Appraisal Standards for Federal Land Acquisition) whose date of valuation is within the nine months preceding the expiration of the award period (e.g., for an award expiring September 30, the appraisal valuation date must be as of January 1 or later). Please note that NOAA’s Summary of Eligibility Criteria & Requirements for CELCP & Matching Funds defines “grant closing” as ninety days after the end of the period of performance.

- Be held by the grant recipient, sub-recipient, or a qualified non-governmental organization. Qualified non-governmental organizations generally include non-profit organizations recognized under Section 501(c)(3) of the IRS code and whose primary mission is to acquire and manage land for the purposes of conservation. Lands owned in fee title by another public agency or organization (third party) may be used if a conservation easement is provided to the grant recipient, but in such cases, the value of the match would be the value of the conservation easement. Regardless of who holds title to the match property, the grant recipient remains responsible for the match requirement over the long term (including responsibility for the financial obligation if match properties are sold or converted).

- Not be required as compensatory mitigation.

- Be acquired from a willing seller.

The application must document third party in-kind contributions, including land and services, proposed for use as match. For property(-ies) to be used as match, applicants should describe the characteristics of the property, the timeframe in which the property was or will be acquired, and how it meets the eligibility criteria described above.

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

- Costs associated with land acquisition, land management planning, remediation, restoration or enhancement of CELCP-funded properties (properties purchased with the Federal funding) that are incurred prior to the grant award.

- Cash contribution of Federal funds. Unless otherwise provided by Federal law, funding that originated from Federal sources may not be used as non-Federal match.

- Lands or services acquired with Federal funds. Unless otherwise provided by Federal law, the value of property, interests in property or services acquired with Federal funding may not be used as non-Federal match.

- Lands or services previously used as match to a Federal grant. Any funds or in-kind contributions, including the value of donated lands 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, may not be counted toward the non-Federal matching share.

4. Other Cost Provisions

Allowable grant costs (including non-Federal matching contributions) are limited to costs necessary and reasonable to accomplish the objectives of the project and must be consistent with general cost principles for grants awarded by Federal agencies, at 2 C.F.R.

Part 200.

Costs must be identified in the project application and proposed budget;

documented as part of the completed project (in the final performance report); and completed per the appropriate window of eligibility.

It is important to note that different windows and eligibility criteria apply for costs incurred under the Federal share and costs being counted toward the non-Federal matching share. A summary comparing these provisions is available at:

www.coast.noaa.gov/czm/landconservation/media/summarykeyrqmts.pdf

CELCP funding may be combined or supplemented with funds from other Federal and non-Federal sources, subject to any conditions that may apply to the expenditure of funds from such sources and provided that each Federal source is matched according to the applicable program’s requirements.

In general, user fees should not be charged to access lands acquired through this program. However, if State or local law requires that user fees be charged (such as entrance fees that would be required for access to any State park), or if additional revenue is needed specifically for the purposes of managing user access of the property, the fees should comply with applicable standards for such user fees. In such cases, all income or other revenues derived from the fees shall be used for the maintenance or management of the property.

Leasing or renting of the property or interest in property is generally prohibited unless specifically authorized by NOAA (e.g., if the property or easement to be acquired is subject to an existing lease that is consistent with the objectives of the CELCP project). If approved, all income or other revenues derived from an approved lease or rent arrangement shall be used to maintain or manage property.

CELCP grants are subject to the terms and conditions described in section 2 (Eligibility Requirements) and section 5 (Acceptance and Use of Funds) of the CELCP Guidelines. If any of the documentation required in the Guidelines is not available at the time of a final grant application, NOAA may include special award conditions in the grant that must be met before funds can be released.

5. Allowable Uses of Lands Acquired with CELCP Funds or Used as Match

The following activities are considered consistent with conservation purposes under the CELCP:

- Resource protection;

- Restoration and enhancement, such as vegetative erosion control or restoration of natural water flow to the area;

- Low-impact recreational activities, such as hiking, hunting and fishing;

- Access for swimming, canoeing, kayaking or other non-motorized vessels; and

- Research and educational activities

Construction of facilities on a minor scale, such as restrooms or boardwalks, to facilitate uses listed above and/or for the purpose of minimizing harm to coastal resources due to public access and recreation, may be allowed depending on the proposed use of the property and the site environment.

The following activities are considered to be inconsistent:

- Active agriculture, including timber or aquaculture production (note: timbering on a limited scale may be allowed for conservation-oriented purposes such as habitat restoration, for example, to restore a forest that has been managed for timber production to a more native forest type or to create suitable habitat for rare, threatened or endangered species);

- Shoreline armoring or other hard erosion control structures; and

- Construction or expansion of roads, buildings or facilities, including active recreation facilities such as sports facilities, water parks, or playgrounds, except as noted under eligible uses.

Pre-existing uses, including term leases or life estates, must be identified as part of the project application. If a project proposes to continue any pre-existing activities as a long-term use of the site, NOAA will review such uses for potential impacts and to determine whether they are consistent with the purposes of the CELCP and with allowable uses under the program guidelines. For properties that contain existing structures or incompatible uses (such as commercial agriculture or forestry), applicants may wish to consider acquiring a conservation easement over a portion of the property, rather than acquiring the property in fee (or some other means that would exclude non-conforming uses from the CELCP-funded portion of the site). If a project is approved with pre-existing uses, such uses may not be expanded or converted to other uses without prior approval of NOAA.

Terms and conditions specified in deeds and conservation easements must be consistent with the purposes of the CELCP. NOAA will review deeds and conservation easements to ensure that provisions are consistent with allowable uses under the program.

These provisions apply to properties acquired with CELCP funds, as well as to properties contributed as in-kind match.

6. Title and Ownership

Title to the land or interests in land (conservation easement) acquired with CELCP funds must be held in perpetuity by the grant recipient or subrecipient. If the grant recipient (or subrecipient) is not authorized to hold and manage lands for conservation purposes, such as in the case of a State planning agency, the recipient may designate another eligible public agency within the same unit of government (e.g. an eligible State land-holding agency with a mission consistent with managing land for long-term conservation under the CELCP). Title and ownership of land or interests in land (conservation easement) used as match must also be held in perpetuity by the same public agency or a qualified non-governmental organization. If the land interest will be held by an entity other than the grant recipient, the grant recipient remains financially accountable for the funds received and the match obligation and ensuring that the lands (both CELCP-acquired properties and properties used as in-kind match) remain protected consistent with the terms of the grant. Eligible recipients and subrecipients are described in section III.A, above.

As a condition of the grant award, NOAA will require that language be recorded for each deed or easement advising that the property has been acquired with Federal funds from NOAA or used as match for same, and assurances that the property will be held for conservation in perpetuity. If the property has already been acquired prior to the start of the award (such as in the case of banked match), the recipient, the recipient’s designated public agency, or the qualified non-governmental organization must record and furnish to NOAA a covenant or other appropriate notice of record advising of the same. See section 5.3 of the CELCP Guidelines for additional information on special award conditions.

If the property or interest in property acquired with CELCP funds is sold, exchanged, divested, or converted to other uses that are inconsistent with the purposes for which it was acquired, the recipient must return funds to NOAA. If a property used as third party in-kind match for CELCP funds, or interest in property used as match, is sold, exchanged, divested, or converted to other uses that are inconsistent with CELCP, the recipient must return the equivalent value of funds to NOAA. The grant recipient is legally and financially accountable for the funds received and ensuring that lands (both CELCP-acquired properties and properties used as third party in-kind match) remain protected consistently with the terms of the grant, regardless of ownership. See section 2.6.c. of the CELCP Guidelines for additional information.

IV. Application and Submission Information

A. Address to Request Application Package

The full funding opportunity announcement and application materials are available through Grants.gov at www.grants.gov. More information on the Coastal and Estuarine Land Conservation Program, including templates for the required elements, is available on www.coast.noaa.gov/czm/landconservation/applying/. If an applicant does not have electronic access, application packages may be requested from the competition manager by contacting Elaine Vaudreuil by phone at (301) 563-7103, or via e-mail at

Elaine.Vaudreuil@noaa.gov.

B. Content and Form of Application

An application for each project may be submitted electronically at Grants.gov or by mail to the address listed in this announcement by the deadline (refer to section IV.C.

Submission Dates and Times, below). Applications sent by facsimile or email will not be accepted.

A complete standard NOAA financial assistance application package should be submitted in accordance with the guidelines in this document. Each application must include the application forms from the SF-424 form family as well as the Required Elements, as described below. The Supplemental Elements, also described below, are not required at the time of initial application, but will be required before grant funds can be released if the project is selected for funding (see section 4.4 of the CELCP Guidelines).

However, submitting one or more Supplemental Elements with the project proposal may help substantiate the project’s readiness. Applicants will also need to submit standard Federal application forms (e.g, Form SF 424), when submitting projects through Grants.gov.

Proposal applications should total no more than 10 pages (single-spaced, 11 or 12-point font). The 10-page limit does not include the Supplemental Elements or required federal application forms. Supplemental Elements should not total more than 30 total pages excluding NEPA information, government forms, and information provided to complete government forms. The total electronic file size of the proposal narrative and appendices combined should not exceed 5 megabytes in storage space. Files that are larger than five megabytes may not be properly downloaded, uploaded, or received by the agency or the reviewers. Files that cannot be opened or downloaded will not be reviewed.

REQUIRED ELEMENTS (for each project proposal)

Each application must include the following forms from the SF-424 form family:

--Application for Federal Assistance: Form SF-424 (7/03 version or newer)

--Budget Information for Non-construction Programs: Form SF-424A (prior to award, a Form SF-424A for each year of funding will be required)

--Assurances for Non-construction Programs: Form SF-424B

--Certification Regarding Lobbying: Form CD-511

--Disclosure of Lobbying Activities: Form SF-LLL (if applicable)

In addition, each proposal must include each of the following required elements: CELCP Project Application Checklist, Project Description/Scope of Work, and Project Budget.

Templates for the required elements can be found on the Applying for a Grant section of the CELCP website at www.coast.noaa.gov/czm/landconservation/applying/

1. Project Description/Scope of Work. The following information must be provided for the project site and any parcel that is to be used as match; incomplete information may prevent a project’s selection for an award. (Please note than an Environmental Data Sharing Plan (as described in section VI of this FFO) is NOT required to be submitted with CELCP land acquisition project proposals.)

a. information on the project site’s size, location and relationship to coastal or estuarine features, environmental significance, and primary purpose of the project (i.e., ecological, conservation, recreation, aesthetic, or historic);

b. how the proposed project meets the State and national criteria and its expected benefits in terms of coastal and estuarine land conservation, and specifically: how the project supports the priorities identified in the State’s CELCP plan; the legal rights to be acquired, and any conversion threats to the property; pre-existing uses of the property and the nature of those uses (including existing structures, leases, etc.); and activities or uses planned for the project site after acquisition and how those activities/uses are consistent with the long-term protection of the site’s ecological or other values.

c. a strategy for long-term stewardship, including information on continuing support for maintenance and enforcement against illegal uses and, if restoration is proposed, when and how that will be accomplished.

d. timeline with discrete benchmarks for completing the project within the requested award period.

e. photographs of the project site (approximately 2-10) that document the values described in the text of this element.

f. If applicable, a description of specific benefits to National Estuarine Research Reserves (NERRs). As noted above, NOAA will strive to support projects benefiting Reserves in keeping with the CELCP authorization, while also recognizing that there are only two designated Reserves in the Great Lakes region. This description should include how the project helps to meet the goals of the NERR’s management plan or other watershed conservation plans developed by the reserve or with reserve input. Project applications designated as benefitting a NERR must provide a letter from the appropriate Reserve Manager describing and/or validating benefits to the reserve. The application should also show the relative location of the project with respect to the NERR (with a map and a description), specifically identifying whether it is a buffer that protects core reserve resources or a buffer area within the reserve’s watershed. Applicants are encouraged to reference the reserve’s targeted watershed boundary in project applications. Targeted watershed boundary maps for each Reserve are available on the CELCP website at www.coast.noaa.gov/czm/landconservation/state/, listed under each State/Territory’s name, or by viewing the web-based CELCP map at www.coast.noaa.gov/czm/landconservation.

After clicking on the map, NERR targeted watersheds can be viewed by selecting Target Watershed Boundaries, HUC 8 under the Layers menu. For more information on the National Estuarine Research Reserves, including contact information for Reserve Managers, please visit nerrs.noaa.gov/.

2. Project Budget and Justification of Proposed Costs. Following the categories and formats in the NOAA grants package (Form SF-424A), provide and a brief narrative justification of the budget that includes a breakdown of project costs and source of proposed matching funds. The CELCP Project Budget template may be used to provide detailed budget information, such as a repeat of the information in Form SF-424A along with more details. Detailed budget guidance provided by the NOAA Grants Management Division is accessible under:

coast.noaa.gov/funding/_pdf/forms/budget-narrative-guidance-GMD-04.09.2015.pdf. If the overall cost of the project exceeds the amount of requested CELCP funds plus matching share, please provide a breakout of costs for the entire project (e.g., including other sources of funding that will be used to complete the project). Land acquisition costs must be based on appraised value or other estimate of fair market value. Section 2.5 of the CELCP Guidelines outlines eligible and ineligible uses of CELCP funds. These are also described under Eligibility Information in section III of this announcement. The project budget should also specify whether this project has been submitted for other sources of Federal funding, and if so, which Federal program(s) and year(s).

The budget narrative should also clearly identify the cost of separable elements of the proposed work and identify the elements of the project that the cooperator would recommend for revision or elimination if sufficient funding is not available for all proposed activities.

Include detailed budget information regarding subawards and indicate the basis for the cost estimates in the narrative. Describe products or services to be obtained and indicate the applicability or necessity of each to the project. Each subaward must include form SF-424A. A contract does not need an SF-424A per se, but applicants should fully justify the price or cost; contracts should comply with 15 C.F.R. 200.317-.326. Applicants should not incorporate contractual indirect costs under the indirect costs line item for the applicant/grantee on the SF-424A or in the budget narrative. Detailed budget information includes:

- Name of subrecipient, contractor, or vendor. Include the name of the qualified subrecipient, contractor, affiliation, and contact.

- Method of Selection. For acquisitions to be determined, indicate if the selection involves competition, sole source with justification, sealed bids, small purchases, or micro purchases (see 2 CFR 200.320)

- Period of Performance. Include the dates for the performance period. If it involves a number of tasks, include the performance period for each task.

- Scope of Work. List and describe the specific activities or tasks to be performed.

- Criteria for Measuring Accountability. Include reporting schedule.

- Itemized Budget for subawards. Include categories used in program budget.

For any equipment, a description of the item and associated costs is required, including a description of how it will be used in the project. Equipment purchases also require a lease vs. purchase assessment. Note that equipment is defined as tangible personal property (including information technology systems) having a useful life of more than one year and a per-unit acquisition cost which equals or exceeds the lesser of the capitalization level established by the non-Federal entity for financial statement purposes or $5,000. See 2 C.F.R. §200.33. Non-federal applicants should identify, if this information is known when submitting the grant application, who they plan to request that NOAA transfer equipment or property ownership titles to after the project ends. The decision on grant ownership requests will be made by the Grants Officer during the grant closeout process.

The budget narrative must also provide, to the extent possible, detailed information on travel, including costs, a description of anticipated travel, destinations, the number of travelers, and a justification of how the requested travel is directly relevant to the successful completion of the project. If actual trip details are unknown, applicants must State the basis for the proposed travel charges. Applicants must allocate travel funds for any coordination meetings at regional or national levels.

If a foreign air carrier is anticipated to be used for any portion of travel, prior approval is required under the Department of Commerce Financial Assistance Standard Terms and Conditions, Section K.03.c., http://go.usa.gov/3zVu9, and therefore, such travel should be included in the proposal to avoid having to request prior approval after the project starts. Applicants may factor in travel costs for participation in an annual NOAA Grants Management Division workshop for recipients. See http://go.usa.gov/3zVeH.

3. CELCP Project Application Checklist. The CELCP Project Application Checklist enables NOAA to determine if a project may have any adverse impacts and whether additional information may be required to satisfy the requirements of the National Environmental Policy Act (NEPA) or other applicable Federal laws, regulations or policies, as described in Section VI.B.