NOFO R24AS00294 FWCAP FY24 Final v1.pdf

U.S. Department of the Interior March 2024 / v.1

Notice of Funding Opportunity No. R24AS00294 Region 8: Lower Colorado Basin Region

Fish and Wildlife Coordination Act Program Financial Assistance for Fiscal Year 2024

Mission Statements

The U.S. Department of the Interior protects and manages the Nation’s natural resources and cultural heritage; provides scientific and other information about those resources;

honors its trust responsibilities or special commitments to American Indians, Alaska Natives, and affiliated Island Communities.

The mission of the Bureau of Reclamation is to manage, develop, and protect water and related resources in an environmentally and economically sound manner in the interest of the American public.

i

Synopsis

Federal Agency Name U.S. Department of the Interior, Bureau of Reclamation, Region 8: Lower Colorado Basin Region

Notice of Funding Opportunity Title

Fish and Wildlife Coordination Act Program Financial Assistance for Fiscal Year 2024

Announcement Type Notice of Funding Opportunity (NOFO)

Notice of Funding Opportunity Number

R24AS00294

Assistance Listings No. 15.517

Application Due Date (See NOFO Sec. D.4)

This NOFO will have one application submission deadline:

June 3, 2024, at 4:00 p.m. Pacific Daylight Time (PDT) The tentative selection and announcement timeframe will be approximately 60 days after closing date.

Eligible Applicants (See NOFO Sec. C.1)

Applicants eligible to receive financial assistance to fund activities under this NOFO include:

00 – State governments 01 – County governments 02 – City or township governments 04 – Special district governments 06 – Public and State controlled institutions of higher education 07 – Native American tribal governments (Federally recognized) 11 – Native American tribal organizations (other than Federally recognized tribal governments) 12 – Nonprofits having a 501(c)(3) status with the IRS, other than institutions of higher 20 – Private institutions of higher education 22 – For profit organization other than small businesses 23 – Small businesses.

Recipient Cost Share (See NOFO Sec. C.2)

No cost sharing requirement under this NOFO

Federal Funding Amount (See NOFO Sec. B.2)

Up to $55,000 per applicant

Estimated Number of Awards (See NOFO Sec. B.1)

One

Intergovernmental Review (See NOFO Sec. D.5)

An intergovernmental review may be required for applications submissions from a U.S. state or local government prior to submission. Applicants must contact their State’s Single Point of Contact (SPOC) to comply with the state’s process under Executive Order 12372.

ii

Application Checklist The following table contains a summary of the information that you are required to submit with your application using the Workspace platform in Grants.gov.

Mandatory Application Components Required Content Page Mandatory Federal forms:

• SF-424: Application for Federal Assistance (Office of Management and Budget (OMB)

• SF-424A: Budget Information – Non- Construction Programs (OMB)

• SF-424B: Assurances – Non-Construction Programs (OMB)

See section D.2.1.1 p.12

Unique Entity Identifier (UEI) and System for Award Management (SAM) registration

See section D.3 p.18

Technical Proposal (Use Project Narrative Attachment Form to upload in Grants.gov)

See section D.2.1.2 p.12

Budget Narrative (Use Budget Narrative Attachment Form to upload in Grants.gov)

See section D.2.1.3 p.14

Recommended Application Components Required Content Page

Environmental and cultural resources compliance See section D.2.1.4 p.15

Required permits or approvals See section D.2.1.5 p.15

Overlap or duplication of effort statement See section D.2.1.6 p.15

Conflict of interest disclosure statement See section D.2.1.7 p.15

Uniform audit reporting statement See section D.2.1.8 p.16

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

See section D.2.1.9 p.17

Letters of Support See section D.2.1.10 p.17 iii

Acronyms and Abbreviations

ARC Application Review Committee ASAP Automated Standard Application for Payments CE Categorical Exclusion CEC Categorical Exclusion Checklist CFR Code of Federal Regulations CWA Clean Water Act DM Departmental Manual DOI U.S. Department of the Interior EA Environmental Assessment EIS Environmental Impact Statement EO Executive Order ESA Endangered Species Act FAIR Financial Assistance Interior Regulation FAPIIS Federal Awardee Performance and Integrity Information System FONSI Finding of No Significant Impact FTHL Flat-Tailed Horned Lizard FWCAP Fish and Wildlife Coordination Act Program FY Fiscal Year LCB Lower Colorado Basin MTDC Modified Total Direct Cost NEPA National Environmental Policy Act NHPA National Historic Preservation Act NICRA Negotiated Indirect Cost Rate Agreement NOFO Notice of Funding Opportunity OMB Office of Management and Budget P.L. Public Law Reclamation Bureau of Reclamation SAM System for Award Management SF Standard Form SPOC State Point of Contact (for intergovernmental review) iv

UEI Unique Entity ID USC United States Code WIIN Act Water Infrastructure Improvements for the Nation Act YAO Yuma Area Office v

Contents Section A. Funding Opportunity Description

A.1 Authority A.2 Background and Program Requirements A.3 Purpose and Objectives A.4 Program Requirements

Section B: Award Information B.1 Total Funding B.2 Expected Award Amount B.3 Expected Award Funding and Anticipated Dates B.4 Number of Awards B.5 Type of Award B.6 Technical Assistance

Section C: Eligibility Information C.1 Eligible Applicants C.2 Cost-Sharing or Matching C.3 Other C.4 Eligible Projects

Section D: Application and Submission Information D.1 Address to Request Application Package D.2 Content and Form of Application Submission D.3 System for Award Management (SAM) and Unique Entity Identifier (UEI) and D.4 Submission Date and Time D.5 Intergovernmental Review D.6 Funding Restrictions

Section E: Application Review Information E.1 Evaluation Criteria E.2 Review and Selection Process E.3 Anticipated Announcement and Federal Award Dates

Section F: Federal Award Administration Information F.1 Federal Award Notices F.2 Administrative and National Policy Requirements F.3 Reporting Requirements and Distribution F.4 Disclosures F.5 Data Availability (2 CFR §1402.315) F.6 Freedom of Information Act

Section G: Federal Awarding Agency Contacts G.1 Reclamation Financial Assistance Contact G.2 Reclamation Program Coordinator Contact

Section H: Other Information H.1 Environmental and Cultural Resource Considerations H.2 Endangered Species Act vi

Figure Figure 1 – Yuma Area Office Area of Consideration for FWCAP NOFO

Tables Table 1. Summary of Non-Federal and Federal Funding Sources Table 2. Task Area Components and Evaluation Criteria Point Distribution

Section A. Funding Opportunity Description

Section A. Funding Opportunity Description

A.1 Authority This Notice of Funding Opportunity (NOFO) is issued under the authority of the Fish and Wildlife Coordination Act of 1934, Public Law (P.L.) 85-624, 16 United States Code (U.S.C.)

§661, et. seq., as amended; as limited by the Secretary of the Interior delegation of authority at 255 Departmental Manual (DM) 1.1B to:

(a) conduct activities for the improvement of fish and wildlife habitat associated with water systems or water supplies affected by Bureau of Reclamation (Reclamation) projects, including but not limited to fish passage and screening facilities at any non- Federal water diversion or storage project within the region;

(b) plan, design, construct, and monitor, including acquire lands or interest therein as needed, instream habitat improvements, including but not limited to fish passage screening facilities at off-site locations (as negotiated on privately owned lands and facilities not associated with a Reclamation project); and

(c) monitor and evaluate the effect of Reclamation actions on fish and wildlife resources including ESA-listed species.

A.2 Background and Program Requirements Reclamation’s Yuma Area Office (YAO) periodically makes funding available for conducting activities for Threatened and Endangered species and their habitats under Section 7(a)1 of the Endangered Species Act (ESA) under the Fish and Wildlife Coordination Act Program (FWCAP). The objective(s) of this NOFO is to fund projects for activities in support of YAO’s endangered species and environmental restoration programs in Federal fiscal year (FY) 2024 (October 1, 2023, through September 30, 2024).

The map below shows the YAO management areas covered under this NOFO.

Figure 1 – Yuma Area Office Area of Consideration for FWCAP NOFO

Section A. Funding Opportunity Description

A.3 Purpose and Objectives The Bureau of Reclamation manages, develops, and protects water and related resources in an environmentally and economically sound manner in the interest of the American public.

Reclamation has a major responsibility, in partnership with water users, States, and other interested parties, to help improve water resource management and water use efficiency in the western United States. More efficient water use is a key component of Reclamation’s water resource management strategy. Through coordination with our stakeholders, FWCAP supports the Department of the Interior’s (DOI) priorities, including:

• Creating a conservation stewardship legacy;

• Utilizing our natural resources;

• Restoring trust with local communities;

• Striking a regulatory balance;

• Modernizing our infrastructure; and

• Achieving our goals and leading our team forward.

Reclamation priorities are also supported through this program, including:

• Increasing water supplies, storage, and reliability under WIIN Act (Water Infrastructure Improvements for the Nation) and other authorities to benefit farms, families, businesses, and fish and wildlife;

• Streamlining regulatory processes and removing unnecessary burdens to provide more water and power supply reliability;

• Leveraging science and technology to improve water supply reliability to communities;

• Addressing ongoing drought;

• Improving the value of hydropower for Reclamation power customers;

• Improving water supplies for tribal and rural communities; and

• Promoting title transfer opportunities.

A.4 Program Requirements Proposed projects should seek to include conservation and improvement programs, habitat conservation, and riparian restoration projects.

All proposals will be evaluated against the Evaluation Criteria stated in Section E – Application Review Information of this NOFO.

Projects to be considered should address one of the following task component areas:

• Wetland and riparian habitat restoration, enhancement, and protection;

• Tracking fish and/or riparian wildlife movement, riparian habitat monitoring, collection, analysis of invertebrates, and/or genetics studies; or

• Surveying and monitoring of fish and/or riparian wildlife.

Projects to be considered should consider:

• Demonstration of long-term studies of native riparian habitat restoration;

• Specific emphasis of riparian plant genetic variation and its effect on community structure; or

• Demonstrated skill in the propagation and long-term survival of Lower Colorado

Basin native riparian species.

Section B. Award Information

Section B: Award Information

B.1 Total Funding Approximately $55,000 is available for this NOFO.

Reclamation will determine the final amount of Federal funding available for award under this NOFO once final FY 2024 appropriations have been made. This NOFO may be canceled if appropriations are insufficient to support new awards.

B.2 Expected Award Amount Maximum Award: $55,000

Minimum Award: $1

The maximum award amount in Federal funds may be awarded to an applicant over a 2-year period, with no more than $55,000 total amount to be available for entire project period.

B.3 Expected Award Funding and Anticipated Dates Reclamation anticipates contacting potential award recipients and unsuccessful applicants within 30-60 days after closing date. The anticipated award and completion dates are as follows:

Application Submission Period closing date is June 3, 2024

• Anticipated notification of successful/unsuccessful applicants: July 2024

• Anticipated Award Date: September 2024

• Anticipated Project Completion Date: December 2026

B.4 Number of Awards Approximately one award, depending on the amount requested by each applicant and the amount of Federal funding available, will be awarded under this NOFO.

B.5 Type of Award Project awards will be made through grants agreements.

Notice of Funding Opportunity No. R24AS00252

B.6 Technical Assistance By request, Reclamation can provide technical assistance after award of the project. If you plan to receive Reclamation’s assistance, you must account for these costs in your budget. Technical assistance should be discussed with appropriate Reclamation staff prior to applying, and this communication should be noted in your application.

Section C: Eligibility Information

Section C: Eligibility Information

C.1 Eligible Applicants 00 – State governments 01 – County governments 02 – City or township governments 04 – Special district governments 06 – Public and State controlled institutions of higher education 07 – Native American tribal governments (Federally recognized) 11 – Native American tribal organizations (other than Federally recognized tribal governments) 12 – Nonprofits having a 501(c)(3) status with the IRS, other than institutions of higher 20 – Private institutions of higher education 22 – For profit organization other than small businesses 23 – Small businesses

Note: The Application Review Committee (ARC) has the discretion to determine which group an applicant is eligible for.

Those not eligible to receive an award include, but are not limited to, the following entities:

• Federal governmental entities

• Individuals

C.2 Cost-Sharing or Matching No cost sharing is required under this NOFO.

Should an applicant choose to provide any cost-sharing, it may be made through cash or in-kind contributions from the applicant or third-party partners; however, all cost-share contributions must meet the criteria established in the Office of Management and Budget (OMB) administrative and cost principles circulars applicable to the applicant.

Project costs that have been incurred prior to the date of award of the project may be submitted for consideration as an allowable portion of the recipient’s cost-share for the project.

Reclamation will review the proposed pre-award costs to determine if they are allowable in accordance with the authorizing legislation and applicable cost principles.

If cost-share is included in the proposed budget, all cost-share contributions must meet the applicable administrative and cost principles criteria established in 2 Code of Federal Regulations (CFR) Part 200.

C.2.1 Cost-Share Regulations All cost-share contributions must meet the applicable administrative and cost principles criteria established in 2 Code of Federal Regulations (CFR) Part 200, available at www.ecfr.gov.

C.2.2 Third-Party In-Kind Contributions Donations and in-kind contributions constitute the value of non-cash contributions that benefit a Federally assisted project. These contributions may be in the form of real property, equipment, supplies, and other expendable property, as well as the value of goods and services (e.g., qualified volunteer labor) directly benefiting and specifically identifiable to the project or program.

The cost or value of donations and in-kind contributions that have been or will be relied on to satisfy a cost-sharing or matching requirement for another Federal financial assistance agreement, a Federal procurement contract, or any other award of Federal funds may not be used to satisfy the cost-share requirement for an award under this NOFO. The exception to this requirement is where the Federal statute authorizing a program specifically provides that Federal funds made available for such program can be applied to matching or cost sharing requirements of other Federal programs, such as awards to tribal organizations under P.L. 93- 638, as amended.

Applicants should refer to 2 CFR §200.434 for regulations regarding the valuation of in-kind donations and contributions, available at www.ecfr.gov.

C.3 Other

C.3.1 Multiple Applications Multiple applications for funding may be submitted for consideration under this funding opportunity, provided that the project scopes are not duplicative. In general, if an applicant is seeking funding for multiple project components, and the components are interrelated or closely related (e.g., projects that are physically and geographically linked), the applicant should combine these in one application. However, if the projects are only loosely related, an applicant should submit them as separate applications.

C.3.2 Excluded Parties Reclamation conducts a review of the SAM.gov Exclusions database for all applicant entities and their key personnel prior to award for this Federal program. If entities or key personnel are identified in the SAM.gov Exclusions database as ineligible, prohibited/restricted, or otherwise

Section C: Eligibility Information excluded from receiving Federal contracts, certain subcontracts, and certain Federal assistance and benefits, Reclamation cannot award funds to them.

C.4 Eligible Projects Applicants can apply for funding for activities that seek to include conservation and improvement programs, habitat conservation, and riparian restoration projects. All proposals will be evaluated against the Evaluation Criteria stated in Section E of this NOFO.

Projects to be considered should address one of the following task component areas:

• Wetland and riparian habitat restoration, enhancement, and protection;

• Tracking fish and wildlife movement, habitat monitoring, collection, analysis of invertebrates, and/or genetics studies; or

• Surveying and monitoring of fish and wildlife.

Projects to be considered should consider:

• Demonstration of long-term studies of native riparian habitat restoration;

• Specific emphasis of plant genetic variation and its effect on community structure;

or

• Demonstrated skill in the propagation and long-term survival of Lower Colorado Basin native riparian species.

Section D: Application and Submission Information

Section D: Application and Submission Information

D.1 Address to Request Application Package This document contains all the information, forms, and electronic addresses required to submit an application. If you are unable to access the electronic application forms in Grants.gov, you can request them by emailing Chandrika Nasstrom, Grants Management Specialist, at cnasstrom@usbr.gov.

D.2 Content and Form of Application Submission All applications must conform to the requirements described in this section.

D.2.1 Application Format and Length Use the application checklist (page ii) and the following list to ensure the application is complete and properly formatted:

• All pages must be consecutively numbered, including tables, appendices, and exhibits.

• The font used should be easy to read and at least 11 points.

• The Technical Proposal shall be limited to no more than 15, one-sided, single-spaced, 8½ by 11-inch pages. Oversized pages will not be accepted.

• Federal forms (application for Federal Assistance SF-424 [use as the cover page], Budget Non-construction SF-424A, Assurances Non-construction SF-424B, and if applicable, Disclosure of Lobbying Activities SF-LLL), blank pages, title page, blueprints, appendices, environmental compliance documentation, budget narrative, funding plans, and table of contents pages do not count towards the 15-page limit.

• Do not include a cover letter, organization literature, and/or brochures, nor place the proposal in binder or between plastic covers.

All applications will be prescreened for compliance with the page number limitations. If the Technical Proposal exceeds 15 pages, only the first 15 pages will be evaluated.

D.2.1.1 Mandatory Federal Forms The application must include the following standard Federal forms. Questions regarding forms should be referred to the Financial Assistance Point of Contact under Section G.1 Reclamation Financial Assistance Contact.

Note: Applications submitted by consultants must contain an SF-424 and SF-424B that is manually signed by an authorized representative of the entity applying. These forms are available at www.grants.gov/web/grants/forms/sf-424-family.html

SF-424: Application for Federal Assistance A fully completed SF-424: Application for Federal Assistance form signed by a person legally authorized to commit the applicant to performance of the project must be submitted with the application. Applications that fail to include a SF-424 by the submission deadline will be considered ineligible and will not pass initial screening.

Failure to submit a signed SF-424 with a valid UEI number will result in the elimination of the application from further consideration.

SF-424A: Budget Information Form A fully completed SF-424A Budget Information – Non-construction Programs form is required whether a project involves construction costs or not.

Failure to submit a signed SF-424A will result in the elimination of the application from further consideration.

SF-424B: Assurances Form A fully completed SF-424B Assurances – Non-construction Programs form signed by a person legally authorized to commit the applicant to performance of the project must be submitted with the application.

Failure to submit a signed SF-424B will result in the elimination of the application from further consideration.

D.2.1.2 Technical Proposal Submission of a technical proposal (limited to 15 pages) is mandatory and must be received by the application deadline.

While an application will not be removed from consideration if the technical proposal does not address each of the following, it is highly recommended that applicants address each component listed below to ensure that your proposal is competitive.

D.2.1.2.1 Title Page Provide a succinct, informative, and descriptive title for the proposed work indicating the nature of the project. Include the applicant’s name and address, as well as the name, address, e-mail address, and telephone number of the project manager. Clearly identify the task component area listed in Section C.4 for the project. This page does not count toward the 15-page limit.

D.2.1.2.2 Table of Contents List all major sections of the proposal in the table of contents. This page does not count toward the 15-page limit.

D.2.1.2.3 Executive Summary The executive summary should include:

• The date, applicant name, city, county, and state.

• A one-paragraph project summary that provides the location of the project, a brief description of the work that will be carried out including the specific work for which funding is being requested in this application, any partners involved, concerns in your project area and how this project is expected to help alleviate impacts of those conditions, and identification of any planning documents that support the project. This information will be used to create a summary of your project for our website if the project is selected for funding.

• State the length of time and estimated completion date for the proposed project (month/year).

• Whether or not the proposed project is located on a Federal facility or will involve Federal land.

D.2.1.2.4 Project Location Provide specific information on the geographic location of the proposed planning area (e.g., watershed, basin, county) or location of the project being designed, including a map showing the geographic location. For example, [project name] is located in [county and state] approximately [distance] miles [direction, e.g., northeast] of [nearest town]. The project latitude is {##°##’N} and longitude is {###°##’W}.

D.2.1.2.5 Project Description On a separate line, on the first page of the Technical Proposal, clearly identify which Task Area Component (see Section E.1, Table 2. Task Area Components and Evaluation Criteria Point Distribution) will be addressed through the proposed activity/project. To ensure the proposal receives the points it merits, applicants are strongly encouraged to explain how the proposed project relates to the Evaluation Criteria outlined in Section E.

Do not attempt to address all the criteria. Applicants must select one Task Area Component that most directly applies to the proposed activity/project and address the criteria for that single component. If a project has aspects of more than one area of emphasis, choose the one that best describes the primary purpose of the project.

Briefly discuss the background and location of the applicant’s organization. Identify the objective of the proposed project and identify whether the project is a component of an approved conservation or management plan. Include a map showing the precise location of the proposed project.

Succinctly describe the technical work to be performed. Applicants should divide the proposed work into major tasks/milestones and discuss the approach and evaluation techniques that will be used to accomplish the work. This discussion should provide sufficient detail to permit a comprehensive evaluation of the proposal and its outcomes. Include engineering plans, designs, and analyses as appendices, as applicable. (Appendices do not count toward the application’s 15-page limit.) Multi-year applications should include such information for each year of the proposed activity.

D.2.1.2.6 Evaluation Criteria Section E.1. Evaluation Criteria provides a detailed description of each criterion and sub-criterion and points associated with each. The evaluation criteria portion of your application should thoroughly address each criterion and sub-criterion in the order presented to assist in the complete and accurate evaluation of your proposal.

Copying and pasting the evaluation criteria and sub-criteria in Section E.1 Evaluation Criteria into your applications is suggested to ensure that all necessary information is adequately addressed.

D.2.1.3 Project Budget The total project cost is the sum of all allowable items of costs, including all required cost-sharing and voluntary committed cost-sharing, including third-party contributions, that are necessary to complete the project. Please include the following chart (Table 1) to summarize all funding sources. Denote in-kind contributions with an asterisk (*).

Table 1. Summary of Non-Federal and Federal Funding Sources

Submission of a budget narrative is mandatory. The budget narrative provides detailed information on the items included in the budget Object Class Categories on the SF-424A. The budget narrative must clearly identify all items of cost (total estimated project cost), including those that will be contributed as non-Federal cost-share by the applicant (required and voluntary), third-party in-kind contributions, and those that will be covered using the funding requested from Reclamation, and any requested pre-award costs. The types of information to describe in the narrative may include, but are not limited to, those identified in the Budget Narrative Guidance attached to this NOFO (Attachment B). Applicants may elect to use the

FUNDING SOURCES AMOUNT

Non-Federal Entities

1. $

2. $

3. $

Non-Federal Subtotal $

REQUESTED RECLAMATION FUNDING $

Budget Detail and Narrative spreadsheet (Attachment A to this NOFO) for their budget narrative.

Costs, including the valuation of third-party in-kind contributions, but must comply with the applicable cost principles contained in 2 CFR Part 200, available at the electronic CFR (www.ecfr.gov).

Please note: The project budget proposal (either a budget narrative in Word format or a detailed Excel budget spreadsheet) should be uploaded to Grants.gov as "Budget Narrative Attachment Form”.

Failure to submit a budget proposal will result in the elimination of the application from further consideration.

D.2.1.4 Environmental and Cultural Resources Compliance You should answer the questions from Section H.1. Environmental and Cultural Resource Considerations in this section.

D.2.1.5 Required Permits or Approvals You should state in the application whether any permits or approvals are necessary and explain the plan for obtaining such permits or approvals.

Note that improvements to Federal facilities that are implemented through any project awarded funding through this NOFO must comply with additional requirements. The Federal government will continue to hold title to the Federal facility and any improvement that is integral to the existing operations of that facility. Reclamation may also require additional reviews and approvals prior to award to ensure that any necessary easements, land use authorizations, or special permits can be approved consistent with the requirements of 43 CFR Section 429 and that the development will not impact or impair project operations or efficiency.

D.2.1.6 Overlap or Duplication of Effort Statement Applicants should provide a statement that addresses if there is any overlap between the proposed project and any other active or anticipated proposals or projects in terms of activities, costs, or commitment of key personnel. If any overlap exists, applicants must provide a description of the overlap in their application for review.

Applicants should also state if the proposal submitted for consideration under this program does or does not in any way duplicate any proposal or project that has been or will be submitted for funding consideration to any other potential funding source—whether it be Federal or non- Federal. If such a circumstance exists, applicants must detail when the other duplicative proposal(s) were submitted, to whom (Agency name and Financial Assistance program), and when funding decisions are expected to be announced. If at any time a proposal is awarded funds that would be duplicative of the funding requested from Reclamation, applicants must notify the NOFO point of contact or the Program Coordinator immediately.

D.2.1.7 Conflict of Interest Disclosure Statement Per 2 CFR §1402.112, “Financial Assistance Interior Regulation” applicants should state in the application if any actual or potential conflict of interest exists at the time of submission.

Submission of a conflict-of-interest disclosure or certification statement is mandatory prior to issue of an award.

D.2.1.7.1 Applicability This section intends to ensure that non-Federal entities and their employees take appropriate steps to avoid conflicts of interest in their responsibilities under or with respect to Federal financial assistance agreements.

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

D.2.1.7.2 Notification Non-Federal entities, including applicants for financial assistance awards, must disclose in writing any conflict of interest to the DOI awarding agency or pass-through entity in accordance with 2 CFR §200.112.

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

D.2.1.7.3 Restrictions on Lobbying Non-Federal entities are strictly prohibited from using funds under a grant or cooperative agreement for lobbying activities and must provide the required certifications and disclosures pursuant to 43 CFR §18 and 31 USC §1352.

D.2.1.7.4 Review Procedures The Financial Assistance Officer will examine each conflict-of-interest disclosure on the basis of its particular facts and the nature of the proposed grant or cooperative agreement and will determine whether a significant potential conflict exists and, if it does, develop an appropriate means for resolving it.

D.2.1.7.5 Enforcement Failure to resolve conflicts of interest in a manner that satisfies the government may be cause for termination of the award. Failure to make required disclosures may result in any of the remedies described in 2 CFR §200.339, Remedies for noncompliance, including suspension or debarment (see also 2 CFR §180).

D.2.1.8 Uniform 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 governments, 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 Employer Identification Number (EIN) associated with that report and state if it is available through the Federal Audit Clearinghouse website.

D.2.1.9 SF-LLL: Disclosure of Lobbying Activities (if Applicable) If applicable, a fully completed and signed SF-LLL: Disclosure of Lobbying Activities form is required if the applicant has made or agreed to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. This form cannot be submitted by a contractor or other entity on behalf of an applicant.

D.2.1.10 Letters of Support You should include any letters from interested stakeholders supporting the proposed project. To ensure your proposal is accurately reviewed, please attach all letters of support as an appendix.

Letters of support received after the application deadline for this NOFO will not be considered in evaluating your proposed project.

D.2.1.11 Official Resolution If selected, the applicant must provide prior to award an official resolution adopted by your organization’s board of directors or governing body, or, for state government entities, an official authorized to commit the applicant to the financial and legal obligations associated with receipt of a financial assistance award under this NOFO, verifying:

• The identity of the official with legal authority to enter into an agreement.

• The board of directors, governing body, or appropriate official who has reviewed and supports the application submitted.

• That your organization will work with Reclamation to meet established deadlines for entering into a grant or cooperative agreement.

An official resolution meeting the requirements set forth above is mandatory before an award of funding will be made.

D.2.1.12 Letters of Funding Commitment If a project is selected for award under this funding opportunity and cost-share funding is anticipated to be provided by a source other than the applicant, the third-party cost-share must be supported with letters of commitment prior to award. Letters of commitment should identify the following elements:

• The amount of funding commitment

• The date the funds will be available to the applicant

• Any time constraints on the availability of funds

• Any other contingencies associated with the funding commitment

Cost-share funding from sources outside the applicant’s organization (e.g., loans or State grants) should be secured and available to the applicant prior to award.

Reclamation will not execute a financial assistance agreement until non-Federal funding has been secured or Reclamation determines that there is enough evidence and likelihood that non- Federal funds will be available to the applicant after executing the agreement.

D.3 System for Award Management (SAM) and Unique Entity Identifier (UEI) and

Each applicant (unless the applicant is an individual or Federal awarding agency that is excepted from those requirements under 2 CFR 25.110 (b) or (c), or has an exception approved by the Federal awarding agency under 2 CFR 25.110 (d)) is required to:

• Be registered in SAM before submitting an application. Instructions for registering are available at sam.gov/content/home.

• Provide a valid UEI in its application.

• Maintain an active SAM registration with current information at all times during which it has an active Federal award or plan under consideration by a Federal award agency.

Meeting the requirements set forth above is mandatory.

D.3.1 Register with the System for Award Management Each applicant must be registered in SAM before submitting its application. Register on the SAM.gov website. The “Help” tab on the website contains User Guides and other information to assist you with registration. The Grants.gov “Register with SAM” page also provides detailed instructions. You can also contact the supporting Federal Service Desk for help registering in SAM. Once registered in SAM.gov, entities must renew and revalidate their SAM.gov registration at least once every 12 months from the date previously registered. Entities are strongly encouraged to revalidate their registration as often as needed to ensure their information is up to date and reflects changes that may have been made to the entity’s Internal Revenue Service information.

See Section D.4.2.1. Application Submission Requirements of this document below for more information on SAM.gov registration.

There is no cost to register with SAM.gov. There are third-party vendors who will charge a fee in exchange for registering entities with SAM.gov; please be aware you can register and request help for free.

NOTE: An organization’s SAM.gov registration process may take several weeks to complete, so please allow sufficient time to ensure applications are submitted before the closing date.

Applicants that do not have an active SAM registration or a UEI will not be able to submit an application.

D.3.2 Obtain a Unique Entity Identifier You are required to register in SAM.gov and obtain a Unique Entity Identifier (UEI) prior to submitting a Federal award application. A UEI will be assigned to entities upon registering in SAM.gov.

D.4 Submission Date and Time Submission due date for applications is June 3, 2024, at 4 p.m. (PST).

Applications must be submitted no later than the due date and time identified for application submittal period. Proposals received after the application deadline will not be considered unless it can be determined that the delay was caused by Reclamation or there were technical issues with the Grants.gov application system.

Note that difficulties related to an applicant’s Grants.gov profile (e.g., incorrect organizational representative), uploading documents to Grants.gov, or an applicant’s SAM.gov registration are not considered technical issues with the Grants.gov system.

D.4.1 Application Submission Instructions Applications MUST be submitted electronically through Grants.gov (www.grants.gov). Paper applications will not be accepted. Under no circumstances will applications received through any other method (such as e-mail or fax) be considered eligible for award.

D.4.2 Instructions for Submitting the Project Application Each applicant must submit an application in accordance with the instructions contained in this section.

D.4.2.1 Applications Submission Requirement All applications must be submitted through Grants.gov. Applicant resource documents and a full set of instructions for registering with Grants.gov and completing and submitting applications online are available at: www.grants.gov/applicants/apply-for-grants.html.

Application submission requires prior registration through Grants.gov, which may take 7 to 21 days.

In addition, please note that the Grants.gov system only accepts applications submitted by individuals that are registered and active in SAM as both a user and an Authorized Organizational Representative.

Applicants have experienced significant delays when attempting to submit applications through Grants.gov. Applicants are encouraged to submit applications several days prior to the application deadline. If you are a properly registered Grants.gov applicant and encounter problems with the Grants.gov application submission process, you must contact the Grants.gov Help Desk to obtain a case number. This case number will provide evidence of your attempt to submit an application prior to the submission deadline.

Late applications will not be considered unless it is determined that the delay was caused by Reclamation mishandling or technical issues with the Grants.gov application system. Please note that difficulties related to an applicant’s Grants.gov profile (e.g., incorrect organizational representative), uploading documents to Grants.gov, or an applicant’s SAM registration are not considered technical issues with the Grants.gov system. To document a delay due to a technical issue in Grants.gov, you MUST furnish a Grants.gov helpdesk ticket number to Chandrika Nasstrom, Grants Management Specialist, at cnasstrom@usbr.gov that validates the delay.

D.4.2.2 Acknowledgement of Application Receipt Applicants will receive an e-mail acknowledging receipt of the application from Grants.gov. In addition, you will receive an email acknowledgement when your application is successfully downloaded from Grants.gov. Applicants can confirm receipt of hardcopy through the tracking tools for their packages.

D.5 Intergovernmental Review An intergovernmental review may be required for applications submissions from a U.S. state or local government prior to submission. A list of States that have elected to participate in the intergovernmental review process can be found at https://www.whitehouse.gov/wp-content/uploads/2020/04/SPOC-4-13-20.pdf. Applicants must contact their State’s Single Point of Contact (SPOC) to comply with the state’s process under Executive Order 12372.

D.6 Funding Restrictions

D.6.1 Pre-award Costs Pre-award costs are those incurred prior to the effective date of a Federal award where such costs are necessary for efficient and timely performance of the scope of work. Such costs are allowable only to the extent that they would have been allowable if incurred after the date of the Federal award.

In no case will any costs incurred prior to January 1, 2024, be considered for cost-share purposes. Please clearly identify and include the request for pre-award costs in the proposal.

Examples of pre-award costs are design or construction plans and environmental compliance costs directly related to the proposed project. Reclamation will review the proposed pre-award costs to determine if they are allowable in accordance with the authorizing legislation and applicable cost principles. To be considered allowable, any pre-award costs proposed for consideration under the new awards must comply with all applicable requirements under this

NOFO.

Proposed pre-award costs must also be compliant with all applicable administrative and cost principles criteria established in 2 CFR Part 200 and all other requirements of this funding opportunity.

Note: Any incurrence of costs in the performance of the project prior to the issuance of a financial assistance award is at the applicant’s own risk. No legal liability on the part of Reclamation for any payment may arise until funds are made available, in writing, by a Reclamation Grants Officer.

D.6.2 Environmental and Regulatory Compliance Costs Depending on the potential impacts of the project, Reclamation may be able to complete its compliance activities without additional cost to the successful applicant. Where environmental or cultural resources compliance requires significant participation by Reclamation, Reclamation will add a line item for costs incurred by Reclamation to the budget during development of the financial assistance agreement and cost-shared accordingly (i.e., withheld from the Federal award amount). Any costs to the successful applicant associated with compliance will be identified during the process of developing a final project budget for inclusion in the financial assistance agreement.

D.6.3 Indirect Costs

You may include indirect costs that will be incurred during the development or construction of a Project, which will not otherwise be recovered, as part of your Project budget. Show the proposed rate, cost base, and proposed amount for allowable indirect costs based on the applicable cost principles for your organization. It is not acceptable to simply incorporate indirect rates within other direct cost line items.

Your budget may include a de minimis rate of up to 10% of modified total direct costs. For further information on modified total direct costs, refer to 2 CFR §200.68.

See below reference from 2 CFR §200.414 (f):

In addition to the procedures outlined in the appendices in paragraph (e) of this section, any non-Federal entity that does not have a current negotiated (including provisional) rate, except for those non-Federal entities described in appendix VII to this part, paragraph D.1.b, may elect to charge a de minimis rate of 10% of modified total direct costs (MTDC) which may be used indefinitely. No documentation is required to justify the 10% de minimis indirect cost rate. As described in § 200.403, costs must be consistently charged as either indirect or direct costs but may not be double charged or inconsistently charged as both. If chosen, this methodology once elected must be used consistently for all Federal awards until such time as a non-Federal entity chooses to negotiate for a rate, which the non-Federal entity may apply to do at any time.

If you do not have a federally approved indirect cost rate agreement and are proposing a rate greater than the de minimis 10% rate, include the computational basis for the indirect expense pool and corresponding allocation base for each rate. Information on “Preparing and Submitting Indirect Cost Proposals” is available from the Department’s Interior Business Center, Office of Indirect Cost Services, at ibc.doi.gov/ICS.

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

Section E. Application Review Information

Section E: Application Review Information

E.1 Evaluation Criteria The evaluation criteria portion should be addressed in the technical proposal section of the application. Applications should thoroughly address each criterion and any sub-criterion in the order presented below. Applications will be evaluated against the evaluation criteria listed below.

If the work described in your application is a phase of a larger project, only discuss the benefits that will result directly from the work discussed in the technical project description and that is reflected in the budget - not the larger project.

Table 2. Task Area Components and Evaluation Criteria Point Distribution

Evaluation Criteria Scoring Summary Points

A. Project

A1. Projects to be considered should address one of the task components areas listed below in E.1.1.1.

A2. Projects to be considered should consider criteria listed below in

E.1.1.2.

Max 25

B. Goals and Objectives Max 25

C. Personnel and Institutional Qualifications Max 15

D. Demonstration Max 15

E. DOI Priorities Max 10

F. Reclamation Priorities Max 10

Total 100

Note: Projects may be prioritized to ensure balance among the program task component areas and to ensure the projects address this NOFO’s goals and objectives.

E.1.1 Evaluation Criterion A. Project (max 25 points)

Proposed projects should seek to include conservation and improvement programs, habitat conservation, and riparian restoration projects.

E.1.1.1 Sub-criterion A1. Projects to be considered should address one of the following task component areas:

• Wetland and riparian habitat restoration, enhancement, and protection;

• Tracking fish and wildlife movement, habitat monitoring, collection, analysis of invertebrates, and/or genetics studies; or

• Surveying and monitoring of fish and wildlife.

E.1.1.2 Sub-criterion A2. Projects to be considered should consider:

• Demonstration of long-term studies of native riparian habitat restoration;

• Specific emphasis of plant genetic variation and its effect on community structure; or

• Demonstrated skill in the propagation and long-term survival of Lower Colorado

Basin native riparian species.

E.1.2 Evaluation Criterion B. Goals and Objectives (max 25 points)

The extent to which the stated goals and objectives and methods are specific, measurable, appropriate, and realistic to achieve within the time and budget proposed.

E.1.3 Evaluation Criterion C. Personnel and Institutional Qualifications (max 15 points)

Past experience to demonstrate capability and capacity of the principal investigator(s), staff, and laboratory, and their experience bringing similar projects to completion on time and within budget, especially over the past two years.

E.1.4 Evaluation Criterion D. Demonstration (max 15 points)

The proposal identifies how it will meet the FWCAP planning action to benefit Endangered Species Act listed riparian birds or fish.

E.1.5 Evaluation Criterion E. DOI Priorities (max 10 points)

May be awarded based on the extent that the proposal demonstrates how the project supports the Department’s priorities. Please address only those priorities that are applicable to your project. A project will not necessarily receive more points simply because multiple priorities are addressed.

Points will be allocated based on the degree to which the project supports one or more of the priorities listed, and whether the connection to the priority(ies) is well supported in the proposal.

The following are the Department’s priorities:

1. Creating a conservation stewardship legacy second only to Teddy Roosevelt

a.…