NOFO_ANWR_MFW_Final.docx

Repair Levees and water management structures on the Myrtle Foester Whitmire tract of Aransas National Wildlife Refuge

Notice of Funding Opportunity Number: F19AS00033 Federal Program: U.S. Department of the Interior (Department), United States Fish and Wildlife Service (Service), National Wildlife Refuge System (NWRS), Region 2, Aransas National Wildlife Refuge (NWR).

Catalog of Federal Domestic Assistance (CFDA) Number: 15.654 Authorizing Legislation: Fish and Wildlife Conservation Act, 16 U.S.C. §§2901-2911; Fish and Wildlife Act, 16 U.S.C. 742 et seq.; National Wildlife Refuge System Administration Act, Endangered Species Act, 16 U.S.C. §1531 et seq.; Fish and Wildlife Conservation Act,16 U.S.C. §2901 et seq.; Fish and Wildlife Coordination Act, 16 U.S.C. §§661-666; and Migratory Bird Treaty Act, 16 U.S.C. §703 et seq.

Paperwork Reduction Act Statement: We are collecting this information in accordance with the authorizing legislation identified above. Your response is required to obtain or retain a benefit. We will use the information you provide to conduct a competitive review and select projects for funding and, if awarded, to evaluate performance. We may not conduct or sponsor and you are not required to respond to a collection of information unless it displays a currently valid Office of Management and Budget (OMB) control number. We estimate that it will take you on average about 40 hours to complete an initial application, about 3 hours to revise the terms of an award, and about 8 hours per report to prepare and submit financial and performance reports, including time to maintain records and gather information. Actual time for these activities will vary depending on program-specific requirements. You may send comments on the burden estimate or any other aspect of this information collection to the Information Collection Clearance Officer, U.S. Fish and Wildlife Service, MS BPHC, 5275 Leesburg Pike, Falls Church, VA 22041-3803.

OMB Control Number: 1018-0100 (Expiration Date: 7/31/2021) I. Program Description Hurricane Harvey hit the Texas coast on August 25, 2017, which storm surge and subsequent flooding damaged 8.3 miles of levee, 3.5 miles of canal, and 33 water control structures at the Myrtle Foester Whitmire unit (Whitmire) of the Aransas NWR. The Service will partner with Ducks Unlimited (DU) to repair and replace levees, water control structures, canals, and repair the well and pumps used on this 854 acre moist soil portion of the tract. Funding will be provided in support of this partnership with DU. Funds provided to the Aransas NWR were appropriated by Congress for Hurricane Harvey Recovery efforts, and this specific project has been approved by the Department under the Service’s Recovery Plan. The Service will partner with DU to acquire pre-construction surveys, engineering, any applicable permitting, construction, and construction oversight.

This project advances the missions of both the Service and the NWRS through the conservation, management, and restoration of fish, wildlife, and plants on NWRS lands that were impacted by Hurricane Harvey for the continued benefit of the American people. The project is also supportive of Department Secretarial Orders 3347 and 3356 by advancing conservation stewardship and by improving the management of game species and their habitats on storm-impacted NWRS lands. This restoration project for Whitmire will attract and provide food for large numbers of overwintering waterfowl and increase our ability to support mottled duck populations. The project contributes to one of Principal Deputy Director Sheehan’s nine core Service priorities, namely, “Restoring the Refuges” by addressing maintenance and infrastructure needs. This project meets the Secretarial Priorities one “Creating a conservation stewardship legacy second only to Teddy Roosevelt”, three “Restoring trust with local communities”, and eight “Modernizing our infrastructure” by updating and restoring the water storage and delivery system at Whitmire, enhancing the existing working relationship between DU, Guadalupe Blanco River Authority (GBRA), and the Service, which will improve our trust with the local community and water authority. This restoration will support private landowners and build trust in the community by enhancing waterfowl hunting opportunities for adjacent private lands and State waters. Following this restoration project, the Aransas NWR will also seek to open this area to youth waterfowl hunting to help meet initiatives outlined within the top Secretarial Priority.

II. Federal Award Information There will be one sole-source cooperative agreement awarded to DU. Funds provided to the Aransas NWR were appropriated for Hurricane Harvey Recovery and will be applied towards this agreement to support DU with the project to repair and replace these levees, water control structures, canals, and relocate and repair the well and pumps used on this 854 acre moist soil portion of the tract. Other funding may be provided to the Service and will be applied towards this agreement to help DU in providing needed construction for this project. The period of performance for this opportunity is three years from the original date this award is signed by the Service. The period of performance may be extended by one-year increments, but not to exceed five years.

DU is uniquely qualified to provide this level of oversight and has extensive experience implementing well-designed, successful habitat restoration projects in Texas, all from their in-house surveyors and engineers. They will be responsible for managing all aspects of this agreement along with Service oversight. DU will be responsible for planning, scheduling, and implementing/overseeing the work described in this agreement. DU has already worked with the Service on developing a Habitat Improvement Report identifying water-management improvement recommendations for Whitmire. This new award will be a continuation of the on-going partnership between the Service and DU to refine and implement the restorations needed at Whitmire. DU will provide some level of in-kind financial assistance to the project. If necessary, DU has the ability to leverage the funds to complete the restoration project. DU will work closely with Aransas NWR staff and will engage in monthly check-ins at a minimum.

The Service will be substantially involved in projects under the funding opportunity. In particular, the Service will be responsible for the following: 1) providing funding to assist DU with restoration and enhancement of levees, water control structures, canals, wells and pumps that benefit federal trust resources, primarily migratory birds along the Texas coast as described herein; 2) the Service will provide oversight, access, facilitate workgroup meetings and project assessments; 3) provide technical assistance, which may include but is not limited to, a) site assessments and logistic support; b) develop management recommendations and implementation strategies; c) evaluate and monitor management strategy effectiveness; d) conduct survey/assessments as needed; and e) other assistance as necessary to facilitate successful implementation of the project as proposed; 4) assist DU with development of conceptual designs for the project; 5) assist DU with surveying; 6) assist DU with compiling alternatives and determining the preferred alternative; and 7) provide an employee/inspector to aid in the daily processes of conducting and completing work on the Aransas NWR to ensure compliance with all provisions and protection of wildlife and archaeological resources.

III. Eligibility Information Eligible Applicants This is a Notice of Funding Opportunity to award single source to DU. DU is a 501(c)(3) organization based out of Memphis, Tennessee, that began in 1937 and is dedicated to conserving wetlands and waterfowl across North America. They have conserved over 14 million acres across North America, with more than 254,500 acres of waterfowl habitat throughout Texas since 1985. The North American Waterfowl Management Plan calls for the Gulf Coast habitats of Louisiana and Texas to winter up to 15 million waterfowl, making the Gulf Coast the single-most important wintering area in North America. The Gulf Coastal Prairie is a Level 1 Priority Area for DU, making it among DU’s highest priorities. The DU’s Gulf Coast Initiative number one conservation priority is: protection, restoration, and enhancement of key public lands and high-quality waterfowl habitat on private lands, with the help of State and Federal partners and landowners. All of the aforementioned qualifications are the criteria we used to award DU this cooperative agreement without competition.

U.S. non-profit, non-governmental organizations must provide a copy of their Section 501(c)(3) status determination letter received from the Internal Revenue Service. Federal law mandates that all entities applying for Federal financial assistance must have a valid Dun & Bradstreet Data Universal Number System (DUNS) number and have a current registration in the System for Award Management (SAM). See Title 2 of the Code of Federal Regulations (CFR), Part 25 for more information. Exemptions: The SAM registration requirement does not apply to individuals submitting an application on their own behalf and not on behalf of a company or other for-profit entity, state, local or Tribal government, academia or other type of organization.

Cost Sharing or Matching: cost sharing or matching is not required in the agreement.

Other Eligibility Criteria: No other addition criteria at this time.

Unique Entity Identifier and System for Award Management (SAM.gov) Registration: This requirement does not apply to individuals applying for funds as a private citizen (i.e., unrelated to any business or nonprofit organization you may own or operate in your name) or any entity with an exception approved by the Service under 2 CFR 25.110(d). All other applicants are required to obtain a Data Universal Numbering System (DUNS) number from Dun & Bradstreet and then register in SAM.gov prior to submitting a Federal award application. Federal award recipients must continue to maintain an active SAM.gov registration with current information through the life of their Federal award(s). See the “Submission Requirements” section of this document below for more information on SAM.gov registration. The Service may not make a Federal award to an applicant that has not completed the SAM.gov registration. If an applicant selected for funding has not completed their SAM.gov registration by the time the Service is ready to make an award, the program may determine that the applicant is not qualified to receive an award. The program can use that determination as a basis for making an award to another applicant.

Prohibition on Issuing Awards to Entities that Require Certain Internal Confidentiality Agreements: Domestic (U.S.) non-Federal entities requiring their employees or contractors to sign internal confidentiality agreements or statements that prohibit, or otherwise restrict, such employees or contractors from lawfully reporting waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information are not eligible to compete for or receive a Federal award. See Pub. L. 113-235, Title VII, Division E, Section 743 for more information.

Excluded Parties: The Service conducts a review of the SAM.gov Exclusions database for all applicant entities and their key project personnel prior to award. The Service 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.

IV. Application Requirements

1. Requesting Paper Application Package A completed, signed and dated Application for Federal Assistance form. A completed, signed and dated Application for Federal Assistance form Standard Form (SF) 424, Application for Federal Assistance (i.e., SF 424) form, SF-424A, SF-424B, SF-424C, and SF-424D. Application for Federal Assistance form (http://www.grants.gov/web/grants/forms/sf-424-family.html#sortby=1). Do not include other Federal sources of funding, requested or approved, in the total entered in the “Federal” funding box on the Application for Federal Assistance form. Enter only the amount being requested under this program in the “Federal” funding box. Include any other Federal sources of funding in the total funding entered in the “Other” box. Application Form and Content Requirements At a minimum, all Service programs must require submission of the Standard Form (SF)-424, Application for Federal Assistance, the appropriate SF-424 Assurances form and the appropriate SF-424 Budget form. Programs must include all of the SF-424 forms needed for your applicant types in the Grants.gov “Application Package” attached to the Funding Opportunity on Grants.gov and/or included in this Notice of Funding Opportunity, which means the program may need to add more than one “Application Package” to the Funding Opportunity to provide all the forms needed for every eligible applicant type and project type. All attached application packages will appear on the Grants.gov Funding Opportunity posting under the “Packages” tab. Applicants must submit the following:

SF-424, Application for Federal Assistance Applicants must submit the appropriate Standard Form (SF)-424, Application for Federal Assistance. Individuals applying as a private citizen (i.e., unrelated to any business or nonprofit organization you may own or operate in your name), must complete the SF-424, Application for Federal Assistance-Individual form. All other applicants must complete the standard SF-424, Application for Federal Assistance. All of the required application forms are available on the “Packages” tab of this Funding Opportunity on Grants.gov. The SF-424, Application for Federal Assistance must be complete, and signed and dated. Please note: Enter only the amount requested from this Federal program in the “Federal” funding box on the SF-424 Application form. Include any other Federal sources of funding in the “Other” box, and provide details on those Federal source(s) and funding amount(s) in the required Budget Narrative (see the “Budget Narrative” section below).

SF 424, Assurances Applicants must submit the appropriate signed and dated Assurances form. Complete either the SF-424B, Assurances for Non-Construction Programs or the SF-424D, Assurances for Construction Programs, as applicable to your project. All of the required application forms are available on the “Packages” tab of this Funding Opportunity on Grants.gov. The SF-424 Assurances forms include a statement that some of the assurances may not be applicable to your organization and/or your project or program. Signing the required SF-424 Assurances form does not make you or your organization subject to laws that are otherwise not applicable to you or your organization. Changing, crossing out, or making notations on the form before signing has no impact on the applicability of law.

Project Narrative The title of this project is Repair Levees and Water Management Structures on Aransas National Wildlife Refuge. The goal of cooperation between the Aransas NWR and DU is to repair and replace levees, water control structures, canals, and restore and enhance water wells and pumps, which were all damaged by storm surge and subsequent flooding during Hurricane Harvey. The immediate outcome of this restoration project is increased management capabilities of up to nearly 1,500 acres of moist soil and fresh water wetlands/lakes on the Whitmire tract of the Aransas NWR.

The 3,440-acre Whitmire unit is a valuable coastal wetland added to the Aransas NWR in 1993 from willing sellers. It is located 22 miles north of Blackjack Peninsula on Powderhorn Lake, near the historic town site of Indianola in Calhoun County. Rice farming that historically occurred at Whitmire has been replaced by moist soil management, and an organic rice farming program to provide food resources and water for wildlife (mainly waterfowl and shorebirds). Grazing also occurs on this unit as a grassland management tool. The purpose of the Whitmire unit is to protect important wetland habitat for migrating and wintering waterfowl and to protect vital nesting habitat for resident mottled ducks. Whitmire is a major wintering area for northern pintails and a breeding area for mottled ducks, both of which have declined in recent years. The Whitmire unit is located in the Texas Mid-Coast Initiative Area of the Gulf Coast Joint Venture. Nearly every waterfowl species using the Central Flyway would benefit from enhancing wetlands on the Whitmire unit due to its coastal location.

This unit provides important breeding habitat for mottled ducks and wintering habitat for waterfowl and wetland birds. Whitmire is critical for the Service to meet production targets for mottled ducks and for providing habitat for significant numbers of wintering waterfowl. In addition, because Whitmire is freshwater, it provides excellent wintering habitat for whooping cranes, thus contributing to the recovery goals for this endangered species. This restoration project will increase capacity for waterfowl hunting on private lands that surround the Aransas NWR. The opportunity to support private landowners via these improvements will build trust with the local community. Following this restoration project, the Aransas NWR will also seek to open this area to youth waterfowl hunting. In addition, enhancements could benefit current and former threatened and endangered species such as the peregrine falcon, aplomado falcon, wood stork, and brown pelican. During a normal migration, waterfowl use of the Aransas NWR averages approximately 103,000 ducks and 11,000 geese, with the Whitmire unit holding about 30 percent of these birds. Waterfowl comprise a significant group of the avian migration along the Central Flyway, and about two-thirds of these waterfowl winter in Texas. At least 25 species are known to winter on the Aransas NWR.

The Whitmire unit contains more than 750 acres of freshwater wetlands, much of which are relic agricultural rice fields that have not been farmed in several years. These rice fields were built on historic wetlands, and have hydric soil conditions that are favorable for providing wetland functions and values. Traditional irrigation canals and ditches provide water to the wetland units. Once water was purchased from GBRA by the Aransas NWR, constructed canals and water control structures are operated to deliver water to most of the individual wetland basins. However, much of the internal infrastructure such as flashboard risers, culverts, and weirs were relics from when the Whitmire unit was managed primarily for rice farming. These structures have either deteriorated, silted-in, or are inappropriate devices for managing wetlands to its full capacity. Additionally, internal rice levees and perimeter field levees are either undersized or have degraded or eroded, and serve as an encumbrance to access and strategic water and vegetation management.

Storm surge and subsequent flooding from Hurricane Harvey further impaired the Service’s ability to manage these units. Whitmire’s current state does not provide Aransas NWR staff with optimal effectiveness and dependability for producing wetland habitat in all of the units. We would like to make units stand-alone and not dependent on one another. This funding will allow the Service to implement the projects outlined in DU’s structured Habitat Improvement Plan to benefit wildlife, but also allow for consideration of various management activities without compromise to annual operating budgets and staff resources. Further, this project will attract large numbers of waterfowl and support increased mottled duck numbers to provide hunting opportunities for adjacent State waters on Powderhorn Lake. All repairs will be accomplished utilizing resilient hardscape and infrastructure methods. Levees and canals will be widened, sloped and armored to reduce impacts from storm surge and flooding. Infrastructure will be modernized, and the two well pumps will have an underground power line ran to them, as well as hardened to prevent damage from wind and storm surge.

The overarching goal of this funding is to restore 8.3 miles of levee, 3.5 miles of canal, and 33 water control structures damaged during Hurricane Harvey, and increase management capabilities up to nearly 1,500 acres of moist soil and fresh water wetlands.

Under this agreement, the funds will allow DU to provide needed pre-construction engineering, budget analysis, permitting, construction, and construction oversight activities in the repair and replacement of levees, water control structures, canals, water wells and pumps. If additional funding is secured, it will be added to this agreement by modification and applied toward construction/repair costs for restoring the Whitmire unit.

This project is anticipated to take 6 months to a year. Associated activities may require Section 7 Endangered Species Act compliance or Section 106 National Historic Preservation Act compliance. Permit applications to U.S. Army Corps of Engineers may also be required. Through these processes, the above compliance requirements will be satisfied. Any addition of construction funds to this agreement will be accompanied by documentation of the project’s permit status at that time. The period of performance for this opportunity is three years from the original date the award is signed by the Service.

DU is to provide needed pre-construction engineering, budget analysis, permitting, construction, and construction oversight activities in the repair and replacement of levees, water control structures, canals, water wells and pumps at the Whitmire unit of the Aransas NWR. The Aransas NWR contracted DU out to develop a Habitat Improvement Report in 2014 which will be the basis for this restoration work. Victoria Electric Cooperative is the electrical provider that we will coordinate with for the installation of the underground power line, which DU previously committed restoration funds for. Coordination with GBRA will also be required during this project. Participation from the groups will most likely include project planning, field trips, and discussion to assist with restoration of Whitmire.

At this time, the identified funds may be applied to needed restoration of levee/water management facilities that resulted from Hurricane Harvey in August of 2017. This project will be led by DU with assistance from the Aransas NWR. Oversight will occur throughout the life of the project, which will extend three years after the award of the agreement. When construction plans are finalized, a monitoring and evaluation plan will be included at that time. This project will be monitored as often as needed by DU or Service staff. The standard forms required in this grant will be used for reporting by the assigned project officer. Annual interim financial and performance reports and final financial and performance reports are required under this award.

SF-424, Budget Information Applicants must submit the appropriate SF-424 Budget Information form. Complete either the SF-424A, Budget Information for Non-Construction Programs or the SF-424C, Budget Information for Construction Programs, as applicable to your project. All of the required application forms are available on the “Packages” tab of this Funding Opportunity on Grants.gov. Federal award recipients and subrecipients are subject to Federal award cost principles as detailed in the Service’s “Financial Assistance Award Terms and Conditions”. Please note: Show funds requested from this Federal program separately from any other Federal sources of funding. In the “Budget Summary” section, use the first row for funding requested from this Federal program. Use subsequent row(s) for other Federal funding. Enter each Federal program’s CFDA number(s) in the corresponding fields on the form. The CFDA number(s) for this Federal program appears on the first page of this Funding Opportunity.

Budget Narrative The funding will not be provided in advance to the cooperator. Under an approved agreement, the government will require the cooperator to produce a project schedule identifying critical path elements, which may include, but not limited to: surveying, design, permitting, engineering, and construction, that will allow the government to monitor and ensure reasonable and appropriate progress toward completion. Under this method, the government will also require that the cooperator submit a drawdown application for review and approval by the government prior to the drawdown of funds by the cooperator. The drawdown of funds would occur over the life of the project that is anticipated to be approximately 36 months from award.

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

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 is your organization’s cognizant agency, the Interior Business Center will negotiate your indirect cost rate. Contact the Interior Business Center by phone 916-930-3803 or using the IBC Email Submission Form. See the IBC Website for more information.

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

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

We are:

· A [insert your organization type; U.S. states and local governments, please use one of the statements above or below] that has previously negotiated or currently has an approved indirect cost rate with our cognizant agency. Our indirect cost rate is [insert rate]. [Insert either: “Attached is a copy of our most recently approved but expired rate agreement. In the event an award is made, we will submit an indirect cost rate proposal to our cognizant agency within 90 calendar days after the award is made.” or “Attached is a copy of our current negotiated indirect cost rate agreement.”]

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

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

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

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

Conflict of Interest Disclosure Applicants must state in their application if any actual or potential conflict of interest exists at the time of submission. Conflicts of interest include any relationship or matter that might place the recipient, including their employees and subrecipients, in a position of conflict, real or apparent, between their responsibilities under the award and any other outside interests. Conflicts of interest include direct or indirect financial interests; close personal relationships; positions of trust in outside organizations; consideration of future employment arrangements with a different organization; and decision-making authority related to the proposed project. Conflicts of interest are those circumstances real or perceived that would cause a reasonable person with knowledge of the relevant facts to question the impartiality of the applicant, or the applicant’s employees or subrecipients, in matters pertaining to the proposed project. Applicants must notify the Service in writing in their application if any employees, including subrecipient and contractor personnel, are related to, married to, or have a close personal relationship with any Federal employee in the Federal program receiving this application or who otherwise may be involved in the review and selection of their proposal. The term employee means any individual to be engaged in the performance of work pursuant to the Federal award application. Failure to disclose and resolve conflicts of interest in a manner that satisfies the Service may result in the rejection or disqualification of the application.

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

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

Disclosure of Lobbying Activities Applicants and recipients must not use any federally appropriated funds (annually appropriated or continuing appropriations) or matching funds under a Federal award to pay any person for lobbying in connection with the award. Lobbying is influencing or attempting to influence an officer or employee of any U.S. agency, a Member of the U.S. Congress, an officer or employee of the U.S. Congress, or an employee of a Member of the U.S. Congress connection with the award. Applicants and recipients must complete and submit the SF-LLL, Disclosure of Lobbying Activities 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 on the “Packages” tab of 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 regards to activities, costs, or time commitment of key personnel. If no such overlap or duplication exists, state, “There are no overlaps or duplication between this application and any of our other Federal applications or funded projects, including in regards to activities, costs, or time commitment of key personnel”. If any such overlap exists, provide a complete description of overlaps or duplications between this proposal and any other federally funded project or application in regards to activities, costs, and time commitment of key personnel, as applicable. Provide a copy of any overlapping or duplicative proposal submitted to any other potential funding entity and identify when that proposal was submitted, to whom (entity name and program), and when you anticipate being notified of their funding decision. 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.”

There is no overlap between the proposed project and any other active or anticipated projects in terms of activities, costs, or time commitment of key personnel. The proposal submitted for consideration under this program is not duplicative of a proposal that was or will be submitted for funding consideration to any other potential funding source (Federal or non-Federal).

APPLICATION CHECKLIST

· SF-424, Application for Federal Assistance or Application for Federal Assistance-Individual

· SF-424B and D, Assurances

· Project Narrative

· SF-424A and C, Budget Information

· Budget Narrative

· Timetable

· Indirect Cost Statement and related documentation (when applicable)

· Conflict of Interest Disclosure (when applicable)

· Single Audit Reporting Statement (when applicable)

· SF-LLL, Disclosure of Lobbying Activities (when applicable)

· Overlap or Duplication of Effort Statement

Failure to provide complete information may cause delays, postponement, or rejection of the application.

V. Submission Requirements

1. Unique Entity Identifier and System for Award Management (SAM.gov) Registration These requirements do not apply to any individual applying for funds as a private citizen or any entity with an exception approved by the Federal awarding agency under 2 CFR 25.110(d). All other applicants are required to obtain a Data Universal Numbering System (DUNS) number from Dun & Bradstreet and provide that number in the application; complete SAM.gov registration before submitting an application; and continue to maintain an active SAM.gov registration with current information at all times when the entity has an active Federal award or application under consideration. There is NO COST to register with Dun & Bradstreet or SAM.gov. There are third-party vendors who will charge a fee in exchange for registering entities with Dun & Bradstreet and SAM.gov; please be aware you can register and request help for free.

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

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

Submission Dates and Times: Deadline to submit your application is Friday, November 30, 2018, by 4 p.m. MST

Funding Restrictions: Construction is an allowable activity. There will be no reimbursement of pre-Federal award costs.

Submission Instructions This program encourages applicants to submit their applications online through Grants.gov. Follow these steps to apply through Grants.gov.

1. Register with Grants.gov Applicants must first register an account with Grants.gov and complete all steps of the registration process before they can apply through Grants.gov. Grants.gov registration requires the entity to create an account, create an account profile, and establish authorized profile roles, including the applicant’s authorized representative. Registration can take three to five business days or longer, if you do not complete the required steps in a timely manner.

Grants.gov Workspace Application Grants.gov applicants apply online using Workspace. Workspace is a shared, online environment where members of a grant team may simultaneously access and edit different webforms within an application. For each funding opportunity announcement, you can create individual instances of a workspace. To apply, the applicant will create, complete, and submit a Workspace application package for this Funding Opportunity directly on Grants.gov. Grants.gov recommends submitting your application package at least 24-48 hours prior to the close date to allow time to correct any potential technical issues that may disrupt the application submission. When attaching files to the Grants.gov application, please do not assign file names longer than 20 characters, including spaces. File names longer than 20 characters will prevent your application received by Grants.gov from automatically downloading into the Service’s financial assistance management system. Applicants using slow internet, such as dial-up connections, should be aware that the transmission of the application to Grants.gov takes time. Grants.gov sends either an error message or a “successfully received” message by email to the applicant’s authorized representative once the transmission is complete. Please do not end the transmission process before receiving that message.

Proof of Timely Submission Grants.gov automatically generates an electronic date and time stamp in the system upon application receipt. Grants.gov sends an acknowledgement of receipt with the date and time stamp and a unique Grants.gov application tracking number to the authorized representative by email. This email from Grants.gov serves as your proof of timely submission.

VI. Application Review Information

1. Criteria:

This Single Source Award is being awarded in accordance with DOI Policy 505 DM 2.14 B(2) and B(4). See Additional Information of Eligibility Section. Only DU will be selected for this cooperative agreement. DU has designed, constructed, and worked on NWRS property on past projects across North America. They have had great success restoring, enhancing, and establishing wetlands along the Gulf Coast. All past projects have met Service objectives while also benefiting adjacent lands.

1. Review and Selection Process This Single Source Award is being awarded in accordance with DOI Policy 505 DM 2.14 B(2) and B(4). See Additional Information of Eligibility Section. Prior to participating in any review or evaluation process, all staff and peer reviewers, evaluators, panel members, and advisors must sign and return to the program office point of contact the “Department of the Interior Conflict of Interest Certification” form. For a copy of this form, contact the Service Project Officer identified in the Agency Contacts section below.

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

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

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

VII. Federal Award Administration

1. Federal Award Notices Following review, applicants may be requested to revise the project scope and/or budget before an award is made. Successful applicants will receive written notice in the form of a notice of award document. Notices of award are typically sent to recipients by e-mail. If e-mail notification is unsuccessful, the documents will be sent by courier mail (e.g., FedEx, DHL or UPS). Award recipients are not required to sign/return the Notice of Award document. Acceptance of an award is defined as starting work, drawing down funds, or accepting the award via electronic means. Awards are based on the application submitted to and approved by the Service and are subject to the terms and conditions incorporated into the Notice of Award either by direct citation or by reference to the following: Federal regulations; program legislation or regulation; and special award terms and conditions. Recipient acceptance of a Federal award from the Service carries with it the responsibility to be aware of and comply with all terms and conditions applicable to the award. Recipients indicate their acceptance of the Federal award by starting work, drawing down funds, or accepting the award via electronic means.

Award Terms and Conditions See the Service’s “Financial Assistance Award Terms and Conditions” for the administrative and national policy requirements applicable to Service awards.

These regulations and requirements always apply as specified below:

· Administrative Requirements: 2 CFR Part 200, Subparts A through D

· Cost Principles: 2 CFR Part 200, Subpart E, except for non-profits identified in 2 CFR 200, Appendix VIII as exempt from these and therefore subject to the cost principles in 48 CFR 1, Subpart 31.2 Contracts with Commercial Organizations.

· Indirect Cost Proposals for IHEs: 2 CFR Part 200, Appendix III

· Indirect Cost Proposals for Non-Profits: 2 CFR 200, Appendix IV

· Audit Requirements for Non-Profits: 2 CFR Part 200, Subpart F

· 2 CFR Part 25, Universal Identifier and System for Award Management

· 2 CFR Part 170, Reporting Subawards and Executive Compensation

· 2 CFR Part 175, Award Term for Trafficking in Persons

· 2 CFR Part 200, Appendix XII, Award Term and Condition for Recipient Integrity and Performance Matters. Applies to awards with a total Federal share of more than $500,000.

· 2 CFR Part 1400, Nonprocurement Debarment and Suspension

· 2 CFR Part 1401, Requirements for Drug-Free Workplace

· 43 CFR 18, New Restrictions on Lobbying: Submission of an application also represents the applicant’s certification of the statements in 43 CFR Part 18, Appendix A, Certification Regarding Lobbying.

· 41 USC §4712, Enhancement of Recipient and Subrecipient Employee Whistleblower Protection. Applies to all awards over the simplified acquisition threshold (currently $250,000). This award, related subawards, and related contracts over the simplified acquisition threshold and all employees working on this award, related subawards, and related contracts over the simplified acquisition threshold are subject to the whistleblower rights and remedies established at 41 USC 4712. Recipients, their subrecipients, and their contractors awarded contracts over the simplified acquisition threshold related to this award, shall inform their employees in writing, in the predominant language of the workforce, of the employee whistleblower rights and protections under 41 USC 4712. The recipient shall insert this clause in all subawards and in contracts over the simplified acquisition threshold related to this award.

· 41 USC §6306, Prohibition on Members of Congress Making Contracts with Federal Government. No member of or delegate to Congress or Resident Commissioner shall be admitted to any share or part of this award, or to any benefit that may arise therefrom; this provision shall not be construed to extend to an award made to a corporation for the public’s general benefit.

· Section 743 of Division E, Title VII of Pub. L. 113-235, Prohibition on Issuing Financial Assistance Awards to Entities that Require Certain Internal Confidentiality Agreements. Recipients must not require their employees or contractors seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a federal department or agency authorized to receive such information. Recipients must notify their employees or contractors that existing internal confidentiality agreements covered by this condition are no longer in effect.

· Executive Order 13513, Federal Leadership on Reducing Text Messaging while Driving. Recipients are encouraged to adopt and enforce policies that ban text messaging while driving, including conducting initiatives of the type described in section 3(a) of the Order.

Payments Domestic recipients are required to register in and receive payment through the U.S. Treasury’s Automated Standard Application for Payments (ASAP), unless approved for a waiver by the Service program. Foreign recipients receiving funds to a final destination bank outside the U.S. are required to receive payment through the U.S. Treasury’s International Treasury Services (ITS) System. Foreign recipients receiving funds to a final destination bank in the U.S. are required to enter and maintain current banking details in their SAM.gov entity profile and receive payment through the Automated Clearing House network by electronic funds transfer (EFT). The Service will include recipient-specific instructions on how to request payment, including identification of any additional information required and where to submit payment requests, as applicable, in all Notices of Award.

Reporting Requirements The Service will…