P23AS00318 LWCF+REPI.pdf

National Park Service

LWCF-PGL - State and Local Assistance Division

P23AS00318

Table of Contents A. Program Description

B. Federal Award Information

B1. Total Funding

B2. Expected Award Amount

B3. Anticipated Award Funding and Dates

B4. Number of Awards

B5. Type of Award

C. Eligibility Information

C1. Eligible Applicants

C2. Cost Sharing or Matching

C3. Other

D. Application and Submission Information

D1. Address to Request Application Package

D2. Content and Form of Application Submission

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

D4. Submission Dates and Times

D5. Intergovernmental Review

D6. Funding Restrictions

D7. Other Submission Requirements

E. Application Review Information

E1. Criteria

E2. Review and Selection Process

E3. CFR – Regulatory Information

E4. Anticipated Announcement and Federal Award Dates

F. Federal Award Administration Information

F1. Federal Award Notices

F2. Administrative and National Policy Requirements

F3. Reporting

G. Federal Awarding Agency Contact(s)

G1. Program Technical Contact

G2. Program Administration Contact

G3. Application System Technical Support

H. Other Information

A. Program Description

Authority:

54 U.S.C. 2003 et. seq., Land and Water Conservation Fund Act of 1965, as amended; 10 U.S.C.

2684a, Agreements to limit encroachments and other constraints on military training, testing, and operations

Assistance Listing:

15.916,12.017

Program Background, Objectives, and Goals:

The Land and Water Conservation Fund (LWCF) State and Local Assistance (SLA) Program provides grants to the States, and through them to local units of government and federally-recognized Indian tribes, for projects that will provide outdoor recreation opportunities to the public. This is accomplished through the acquisition of lands and waters for parks and other outdoor recreation areas, as well as through the development of new, or the renovation of existing, outdoor recreation facilities. The Program is operated by the National Park Service (NPS) in partnership with designated lead agencies in each of the 50 States as well as American Samoa, the District of Columbia, Guam, Northern Mariana Islands, Puerto Rico, and the Virgin Islands. Congress allocates money from the LWCF for this program, which is then apportioned to the States based on a legislative formula. To be eligible for LWCF grants, States must maintain an approved Statewide Comprehensive Outdoor Recreation Plan (SCORP), which is used to assess the supply and demand for outdoor recreation resources and set priorities for the use of LWCF funds. Since 1964, more than $5.2 billion has been made available to all 50 states, territories, and the District of Columbia and more than 44,000 grants have been awarded.

The Department of Defense (DOD) Readiness and Environmental Protection Integration (REPI) Program protects the Nation’s military readiness, enhances relationships with communities, preserves the environment, and improves military installation and community resilience to climate change. Under 10 U.S.C. 2684a, the REPI program funds cost-sharing partnerships for the military with state and local governments and private conservation organizations. These partnerships obtain easements or other interests in land from willing sellers, or promote natural resource management and military installation resilience to preserve critical areas, resources and natural infrastructure near our military installations. Since program inception, REPI partnership projects have protected nearly 1.18 million acres of land in 120 locations in 35 states and territories. Overseen by the Office of the Secretary of Defense and implemented by the military Services, these projects help to preserve vital missions at key installations.

In coordination with Congress and the DOD, the Secretary of the Interior is establishing a special competitive funding initiative using previously apportioned funds that are not currently allocated for any particular state or territory. The LWCF State Assistance and REPI Partnership Challenge Program will seek to fund projects that will acquire and enhance lands for public outdoor recreation that are also within the geographic scope of an agreement between a state, local government, or conservation-focused non-governmental entity and a military department pursuant to 10 U.S.C. 2684a. Projects must meet the dual purposes of providing outdoor recreation opportunities and promoting or supporting compatible land uses and avoiding incompatible development in areas in the vicinity of, or ecologically related to, a military installation or military airspace, and/or to maintain or enhance the climate resilience of one or more military installations (hereinafter, “REPI Program Areas”). The projects will serve the general public and military families.

Therefore, consistent with the purposes and requirements of the LWCF Act and LWCF Manual, the NPS is seeking land acquisition only or acquisition with compatible recreation development (aka, “combination”) project proposals matching the following factors:

meeting a priority outdoor recreation need or goal as identified in the State’s SCORP as well as that of the community(ies), and that will provide compatible land use within the REPI Program Area creating or expanding public outdoor recreational opportunities for the general public, including for nearby residents and military families associated with the military installation within the REPI Program Area located within an active REPI Program Area or in an area where there is active interest in establishing a new REPI Program Area promoting compatible land uses for military installations within REPI Program Areas, particularly land uses related to compatible recreation development, advancing conservation or climate resilience (only if offering compatible public access), and related uses advancing the goals of a REPI partnership

Program Information

Projects will be selected through an NPS-led competition among projects solicited and nominated by an LWCF State Lead Agency, based on the project’s responsiveness to the program purpose and review criteria. Eligible project sponsors (subrecipients), as described in Section C1, interested in seeking a grant under this program must contact their LWCF State Lead Agency to get details about their process for identifying and selecting projects for submission under this competition. A list of the lead agencies can be found at:

https://www.nps.gov/subjects/lwcf/contact-list.htm. The NPS will award the grant to the State Lead Agency, which is responsible for ensuring that allocated funds are used for the purposes of, and in a manner consistent with, the LWCF Act and Manual. The State Lead Agency, in turn, will make a subgrant to the project sponsor, which must be the public entity that submitted the proposal. The decision to award a grant and the amount of funding is not guaranteed until the NPS completes its review of the application and determines that the project meets all requirements.

As the States will make the initial determination to decide which applications to forward to the NPS, State application deadlines to review and select projects will need to allow time for States to consider options prior to submission to meet this competition’s deadline. The States will conduct the initial review of applications for completeness and eligibility; evaluating them according to the criteria used for this competition as well as criteria from the State’s Open Project Selection Process (OPSP), if applicable; and ensuring that they are consistent with outdoor recreation priorities outlined in the State’s SCORP. States and prospective sponsors may obtain information concerning existing or proposed REPI Program Areas from the REPI program office at https://www.repi.mil. The State must also work with the project sponsor to prepare the required LWCF application documents. Preparation of a full application includes initiating required reviews of the project under the National Environmental Policy Act and the National Historic Preservation Act.

If a project is selected by the NPS, the project cost estimate included in the proposal generally defines the maximum Federal share that can be requested, unless the additional amount is nominal, up to the overall ceiling of $5,000,000 ($10,000,000 total cost). Significant changes to the project proposal after the initial submission, whether in terms of the scope of work or the budget, are generally unallowable as they may materially alter the circumstances under which the project was evaluated and selected. Such changes can lead to the federal share of the grant offer being reduced or the grant offer being withdrawn.

Acquisition and Combination Project Requirements

To be eligible for either an acquisition or combination grant, the project must involve publicly-owned land and the project sponsor must secure sufficient legal title and control of the property to ensure that it can be managed and maintained for outdoor recreation in perpetuity and otherwise remain compliant with the conversion provisions of the LWCF Act and regulations (see 54 U.S.C. 200305(f)(3) and 36 CFR 59). In addition, if funds provided to a State or local government under the REPI Program are used pursuant to the authority of 10 U.S.C.

2684a(h) to satisfy in whole or in part the non-federal cost share requirements of the LWCF Act, the legal title, control, and use of the property must also comply with the requirements of 10 U.S.C. 2684a, as described below and in Section H.

LWCF-assisted outdoor recreation areas and facilities must be open to the public and not limited to special groups (for example, a project open to military families only would not be allowable). Chapter 3 of the LWCF Manual describes project eligibility requirements in detail.

Acquisition of land may be in fee simple or a lesser interest (e.g., an easement) if sufficient rights, including the right for the public to access and recreate on the site and excluding rights for non-recreation uses, in perpetuity, would be provided.

If the project will include compatible recreation development, LWCF assistance is available for a range of outdoor recreation uses and the facilities needed to support the use and enjoyment of these areas. These include community parks, sports fields and courts, picnic areas, swimming pools, trails, campgrounds, etc. Indoor recreation and other buildings are not eligible but supporting facilities, such as restrooms or changing areas, that facilitate the public’s use of a recreation area, can be eligible. If funds received by a State or local government under the REPI program are to be used to satisfy in whole or in part the non-federal cost share requirements of the LWCF Act, project proponents must coordinate any proposed development or us of facilities with the appropriate military installation(s) to ensure that any development or use is compatible with military mission activities and DOD natural resource management requirements.

B. Federal Award Information

B1. Total Funding

Estimated Total Funding:

$40,000,000

B2. Expected Award Amount

Maximum Award $5,000,000

Minimum Award $250,000

B3. Anticipated Award Funding and Dates

Anticipated Award Date January 01, 2024

B4. Number of Awards

Expected Number of Awards

B5. Type of Award

Funding Instrument Type G - Grant

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

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

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

No substantial involvement on the part of the NPS is anticipated for LWCF + REPI partnership grants.

C. Eligibility Information

C1. Eligible Applicants

Eligible Applicants 00 – State governments

Additional Information on Eligibility In accordance with 54 U.S.C. 200305(a), each state and territory has a lead agency designated by the Governor or by state legislation for the purposes of implementing LWCF in that state, and only the lead agency can be the applicant for an LWCF grant. The lead agency may submit on behalf of themselves or another eligible subrecipient.

Applications submitted directly by entities other than the State Lead Agency will be eliminated without consideration. Individuals, nonprofit organizations, and other private entities are not eligible as applicants or subrecipients.

Eligible subrecipients (aka project sponsors) include state agencies and local units of government (e.g., state political subdivisions such as cities, counties, and special purpose districts such as park districts). Although Federally-recognized Indian Tribes are eligible for LWCF grants, they are not eligible to receive funds under 10 U.S.C 2684a, therefore REPI program funds could not be used to satisfy the non-federal cost share requirements for projects proposed to occur on tribal land.

C2. Cost Sharing or Matching

Cost Sharing / Matching Requirement Yes

The LWCF Act (54 U.S.C. 200305(c)) generally requires that grant projects be cost-shared with non-federal (i.e., state, local, non-governmental, or private) funds at a minimum ratio of 1:1.

However, there are exceptions. For example, 48 U.S.C. 1469a(d) mandates that the Department of the Interior waive any cost-sharing requirement for the jurisdictions of American Samoa, Guam, the Northern Mariana Islands, and the U.S. Virgin Islands. Further, because 10 U.S.C.

2684(a)(h) provides that REPI funding may be used to “to satisfy any matching funds or cost-sharing requirement of any conservation or resilience program of any Federal agency notwithstanding any limitation of such program on the source of matching or cost-sharing funds,” REPI funds can be used to supply the required cost-share that would otherwise have to be supplied independently. This initiative seeks to expand partnership opportunities with Military Services and to leverage funding where there are compatible project goals and authorities. Also, although the provision of matching funds is normally anticipated, there are limited circumstances in which matching value in the form of in-kind contributions of land, services, materials, etc. are also allowable. Match contributions must benefit the same property interest that LWCF is assisting in acquiring.

A matching share meeting the 1:1 minimum required must be secured or firmly committed at the time of application and must be supported by a signed letter from the partner confirming the type (cash, in-kind, etc.) and amount or value of the contribution. If the project match exceeds the 1:1 requirement, the budget must indicate how the additional funds/in-kind contributions will be used. Further information about eligible costs and cost-sharing requirements can be found in Chapter 5 of the LWCF Manual, 10 U.S.C. 2684a, and 2 C.F.R. 200.306.

The following are examples of costs that may not be counted toward the non-Federal matching share:

Any project costs incurred before the grant start date, unless they are an eligible pre-award cost as defined in the LWCF Manual or unless the sponsor gets prior written approval from the State Lead Agency and the NPS (i.e., waiver of retroactivity).

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

Any funds or in-kind contributions such as lands or services that were or will be acquired with other Federal funds, except funds provided under the REPI program pursuant to 10 U.S.C. 2684a.

C3. Other

Excluded Parties:

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

Foreign Entities or Projects This program does not provide funding to foreign entities or for projects conducted outside the United States.

D. Application and Submission Information

D1. Address to Request Application Package

The full NOFO and application materials are available on Grants.gov. LWCF-specific forms are noted in the list of required elements and can be obtained from the State lead agency. Project sponsors should check with their state’s lead agency to determine if the state has any other requirements for submitting proposals at the state level. You may also contact the NPS LWCF program lead for assistance (see Section G).

D2. Content and Form of Application Submission

Project Narrative State Lead Agency Role in Application Process

Each state’s LWCF lead agency is responsible for nominating the projects it has deemed eligible and responsive to the Challenge priorities to the NPS for consideration in the national competition. It is also responsible for: assisting NPS by further soliciting project proposals;

conducting the initial review of proposals for completeness and eligibility requirements;

evaluating and prioritizing proposals according to the criteria used for this competition criteria as well as criteria from the State’s OPSP, if applicable; ensuring that proposals are consistent with outdoor recreation priorities outlined in the state’s SCORP; and selecting the proposal(s) to be nominated.

Required Proposal Elements

A complete proposal must include the following elements listed below (1-20). The Standard Forms 424, 424C, SF424D, and Project Abstract Summary must be completed using the on-line forms within the funding opportunity on Grants.gov. All other documents, including the SF-429, should be attached as individual documents. Further detail is provided about the application elements in or below the list. Page limits for specific elements are noted where applicable.

Information beyond the page limit will not be reviewed.

1. Standard Form 424, Application for Federal Assistance

2. Standard Form 424C, Budget Information for Construction Programs

3. Standard Form 424D, Assurances for Construction Programs

4. Standard Form 429B, Real Property Status Report, Request to Acquire, Improve, or

Furnish

5. Standard Form - Project Abstract Summary

6. Pre-award Onsite Inspection Report (State’s form)

7. Project Narrative (max 10 pages) – must include information detailed under “Project

Narrative” in this section.

8. Budget Narrative (max 5 pages, including tables) – must include information detailed under “Budget Narrative” in this section.

9. Project Timeline (max 1 page) stating milestones and timeframes to complete the tasks/activities under the proposal

10. Photos to provide context such as current site conditions, the surrounding environment, etc.

11. Maps and Plans, including o Location Map, showing regional context and also locating the military installation(s) that the project would benefit.

o Map (or Aerial Photo) Delineating Project Area and Proposed Boundary - must clearly indicate area to be acquired and, if applicable, developed, as well as the proposed boundary of the larger park/recreation area that would be subject to the perpetual protection provisions of the LWCF Act (54 U.S.C. 200305(f)(3)), all known outstanding rights and interests in the area held by others, total acres within the boundary(ies), and a north arrow.

o Plan or Sketch of the Site Features identifying location of planned recreational improvements if applicable, and other features such as where the public will access the site, parking, etc.

12. Letters of Support Documenting Secured Contributions of Matching Share clearly stating the amount and type of contribution

13. Letter of Intent to Sell, Purchase or Donate Property

14. UASFLA-Compliant Appraisal

15. Application and Revision Form (A&R - LWCF form available from the state)

16. Description and Notification Form (DNF - LWCF form available from the state)

17. Copy of an approved waiver of retroactivity (if applicable)

18. Conflict of Interest Disclosure (described within NOFO)

19. SF-LLL - Disclosure of Lobbying Activities (described within NOFO)

20. Overlap or Duplication of Effort Statement (described within NOFO)

Project Narrative – (10-page limit 12-point font)

Project Overview (2-page limit): Provide the following information:

1. Project Sponsor Name

2. Name of Proposed or Existing Park/Property

3. Project Title

4. Project Type: Acquisition or Combination

5. Statement that project Creates a New Park, Expands an Existing Park, or Neither

6. Name(s) of Property Title Holder or Seller/Purchaser

7. Project Property Address/Location

8. Identify the military installation(s) and/or military airspace in the vicinity of or ecologically related to the project

9. Statement that the project will create public outdoor recreational opportunities that will benefit the public and military communities

10. Brief statement explaining project specific work, and a second statement explaining overall project (if larger than proposed work). (250-word max.)

Detail Narrative (2-page limit): Provide the following information:

All Projects:

Describe and quantify the types of resources and features of or on the property (e.g., 50 acres of forested area, 2,000 feet of waterfront, scenic views, unique or special features, recreation amenities, historic/cultural resources)

Describe the current uses (if any) or disposition of the property to be acquired or developed, if uses will need to be discontinued, or the site rehabilitated. If there are any existing non-outdoor recreation or other non-public uses that are intended to continue on the property on an interim or permanent basis and/or proposed in the future, these should be explained.

Describe constraints of the property (e.g., existing development; hazardous materials/contamination history; and restrictions such as institutional controls, easements, rights-of-way, reversionary interests, above ground/underground utilities; etc.).

Describe how the project addresses the goals of the REPI partnership, such as preventing incompatible land development within a REPI Program Area, improving water quality by controlling runoff and erosion, protection of habitat, advancing climate resilience, etc.

Describe how the project has been coordinated with the appropriate military installation(s)/military service and/or REPI office to ensure long-term compatibility with the military mission

Acquisition Only:

Provide a description of the property (including the current ownership) and an explanation of the need for its acquisition.

State whether the acquisition would create a new public park/recreation area or if it will expand an existing site, and if so, by how much.

Describe the plans for developing the property for recreation purposes after acquisition and the timeframe for the start and completion of development and when it will be open for public use.

Describe the status of the acquisition, including negotiations with the landowner and development of due diligence materials such as title work and appraisal.

Combination Projects:

Provide information requested for “Acquisition Only” plus:

Describe the planned physical improvements and/or facilities, and the reason(s) such development is needed. Explain whether the work involves new development or rehabilitation or replacement of existing recreation facilities.

Criteria Responses (5-page limit; see Section E.1)

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. The required application forms are available with this announcement on Grants.gov. The SF-424, Application for Federal Assistance must be complete, signed, and dated. Do not include any proprietary or personally identifiable information. 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).

Applicants must submit the appropriate SF-424 Budget Information form and Budget Narrative. For construction programs or projects, applicants must complete and submit the SF- 424C, “Budget Information for Construction Programs”. All of the required application forms are available with this announcement on Grants.gov. Federal award recipients and subrecipients are subject to Federal award cost principles in 2 CFR 200.

Any applicant organization that has not completed the financial assistance certifications and representations within their SAM.gov registration must submit the appropriate signed and dated

Assurances form. All required application forms are available with this announcement on Grants.gov.

Applicants seeking approval to acquire real property under an award must complete and submit the SF-429, “Real Property Status Report (Cover Page)” and the SF-429-B, “Real Property Status Report Attachment B (Request to Acquire, Improve, or Furnish)”. These forms are required if the real property is acquired with Federal funds, with recipient cost share or matching funds, or as an in-kind contribution under the award.

Detailed Budget Narrative The project budget shall include detailed information on all cost categories and must clearly identify all estimated project costs. Unit costs shall be provided for all budget items including the cost of work to be provided by contractors or subrecipients. In addition, applicants shall include a narrative description of the items included in the project budget, including the value of in-kind contributions of goods and services provided to complete the project when cost share is identified to be included (reference section C of this announcement). Cost categories can include, but are not limited to, those costs items included on the SF424A or SF424C.

Budget information should reflect only costs related to the acquisition and any additional work that will completed under the project if selected. A total budget for the entire project (if including work beyond what would be funded under a grant) may be provided separately.

Provide a budget breakdown that includes the following information:

Detailed breakdown of each cost item included under each of the SF424C Construction Budget Categories

Clearly indicate which costs are covered by the LWCF funds and which are covered by matching funds, including funds provided to an eligible entity under the REPI program pursuant to 10 U.S.C. 2684a.

Clearly indicate any proposed pre-agreement costs and the timeframe during which the associated work cost was performed.

Describe how the REPI funding match will be provided (e.g., existing or new partner agreement)

The LWCF Act specifically excludes acquisition support costs (such as title research and appraisals) as an eligible expense, meaning these costs cannot be reimbursed or used for match.

(See “Program Funding Restrictions” under Section D6 for detailed explanation.) Note that REPI funds may be used for this purpose, but could not be counted as part of the matching share.

If the LWCF grant-funded project is part of a larger project, please be sure the LWCF-related components of the budget can be clearly discerned. It can be difficult for reviewers to evaluate and score a budget when it’s not clear how the grant funds will be used or what specific costs are being provided as match, and project sponsors risk having the requested federal share reduced if it appears ineligible costs are proposed to be charged to the grant or used as part of the 1:1 match share. Note that the LWCF and match-funded element(s) of the project must still result in a viable recreation opportunity that is not reliant on other funding even in the context of a larger planned project.

Project Abstract Summary

Please complete and submit with your application package the Project Abstract Summary form with the following information:

Funding Opportunity Number;

Goals and Objectives of your proposed project;

Summary of Project Activities;

Performance Goals including milestones and expected outcomes;

Who will benefit from your project.

This information will be transmitted to USASpending.gov and be viewable by the public.

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

(a) Applicability.

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

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

(b) Notification.

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

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

(c) Restrictions on lobbying. Non-Federal entities are strictly prohibited from using funds under a grant or cooperative agreement for lobbying activities and must provide the required certifications and disclosures pursuant to 43 CFR §18 and prelim@title31/subtitle2/chapter13&edition=prelim">31 USC §1352.

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

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

Uniform Audit Reporting Statement

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

Certification Regarding Lobbying Applicants requesting more than $100,000 in Federal funding must certify to the statements in 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” form if the Federal share of the proposal or award is more than $100,000 and the applicant or recipient has made or has agreed to make any payment using non-appropriated funds for lobbying in connection with the application or award. The SF-LLL form is available with this Funding Opportunity on Grants.gov. See 43 CFR, Subpart 18.100 and 31 USC 1352 for more information on when additional submission of this form is required.

Overlap or Duplication of Effort Statement If the project proposed in this application is funded through another Federal financial assistance award, in part or in whole, the applicant must provide a statement detailing the potential funding overlap in regards to activities, costs, or time commitment of key personnel. Provide a copy of any overlapping or duplicative proposal submitted to any other potential funding entity and identify when that proposal was submitted or copy of Federal financial assistance award covering activities covered under this proposal. The statement and the description of overlap or duplication, when applicable, may be provided within the proposal or as a separate attachment to the application. Any overlap or duplication of funding between the proposed project and other active or anticipated projects may impact selection and/or funding amount. 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”

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

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

This requirement does not apply to individuals applying for funds as an individual (i.e., unrelated to any business or nonprofit organization you may own, operate, or work within), or any entity with an exception to bypass SAM.gov registration with prior approval from the funding bureau or office in accordance with bureau or office policy. All other applicants are required to register in SAM.gov prior to submitting a Federal award application and obtain a Unique Entity Identifier (UEI) which replaced the Data Universal Numbering System (DUNS) number from Dun & Bradstreet in April 2022. A Federal award may not be made to an applicant that has not completed the SAM.gov registration. If an applicant selected for funding has not completed their SAM.gov registration by the time the program is ready to make an award, the program may determine the applicant is not qualified to receive an award. Federal award recipients must also continue to maintain an active SAM.gov registration with current information through the life of their Federal award(s). See the “Submission Requirements” section 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.

Register with the System for Award Management (SAM):

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

D4. Submission Dates and Times

Due Date for Applications 08/21/2023

Application Due Date Explanation Electronically submitted applications must be submitted no later than 11:59 PM, ET, on the listed application due date and must be submitted by the State Lead Agency via Grants.gov. The State Lead Agencies may establish earlier deadlines for project sponsors to submit their proposals for their review for nomination to the national competition. Applications sent by facsimile, email, or mail delivery will not be accepted. Applications that are not received by the deadline will not be considered. The NPS will accept applications that: 1) were accepted in Grants.gov by the stipulated time, based on the time/date stamp in Grants.gov and 2) have been validated in Grants.gov, even if they are not forwarded to the DOI’s grant management system before the deadline.

You are encouraged to submit your application well before the deadline and not wait until the last minute. The uploading and transfer process can take a while, especially when Grants.gov is getting heavy use. In addition, after the application is submitted, it is validated before it is forwarded to the NPS. Normally this happens within a few minutes to a couple of hours, but it can take Grants.gov up to a day or two to validate or reject an application. You can monitor your application’s status by using “Track My Application” on Grants.gov. Be sure to record the Grants.gov tracking number which will displayed on the confirmation page in Grants.gov immediately after you successfully submit to Grants.gov as you will need it for tracking.

Sometimes there are glitches that prevent actual transmission, for example, applications that exceed 200MB in size do not get forwarded to the DOI system. Technical difficulties with application submittal should be directed to the Grants.gov help desk. NPS staff can confirm receipt of submission but cannot resolve issues with Grants.gov or extend the application deadline due to difficulties with submission via Grants.gov.

D5. Intergovernmental Review

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

D6. Funding Restrictions

LWCF grants may only be used for costs needed to support the acquisition and development of lands and facilities that will provide outdoor recreation opportunities to the public. LWCF funds may not be used for (not inclusive):

• Grant administration expenses for state lead offices,

• Incidental costs related to land acquisition such as appraisals or title work,

• Operation and maintenance activities,

• Facilities that support semi-professional or professional athletics such as baseball stadiums or soccer arenas,

• Indoor facilities such as recreation centers or facilities that support primarily non-outdoor purposes like dining facilities or overnight accommodation (such as a lodge or hotel), or

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

The LWCF Act specifically excludes acquisition support costs from eligibility (see 54 U.S.C.

200305(e)(2)(A)) so such costs should not be proposed to be part of the grant share or to meet the match share.

Land acquisition costs must be based on the Uniform Appraisal Standards for Federal Land Acquisition (aka yellow book) estimate of fair market value. Be sure to explain the basis for the value estimate if an appraisal has not yet been performed.

In general, 54 U.S.C. 200305(f)(1) stipulates that projects assisted with LWCF funds may not include funds from other Federal sources in the project’s budget. This is the case even if all programs’ match requirements are met. Therefore, projects including other federal funds within the proposed budget will be eliminated from the competition without consideration unless the funds are authorized to serve as match, as in the case of funds authorized by 10 U.S.C. 2684a.

Project sponsors are not permitted to also seek LWCF formula funding to support the proposed project (except as an alternate grant source if not selected for a grant).

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 to be submitted with Application.

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

We are:

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

A U.S. state or local government entity receiving less than $35 million in direct Federal funding with an indirect cost rate of [insert rate]. We have prepared and will retain for audit an indirect cost rate proposal and related documentation.

A [insert your organization type; U.S. states and local governments, do not use this statement] 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 is submitting this proposal for consideration under the “Cooperative Ecosystem Studies Unit Network”, which has a Department of the Interior-approved indirect cost rate cap of 17.5%. If we have an approved indirect cost rate with our cognizant agency, we understand that we must apply this reduced rate against the same direct cost base as identified in our approved indirect cost rate agreement per 2 CFR §1402.414. If we do not have an approved indirect cost rate with our cognizant agency, we understand that we must charge indirect costs against the modified total direct cost base defined in 2 CFR §200.68 “Modified Total Direct Cost (MTDC)”. We understand that we must request prior approval from the Service to use the 2 CFR 200 MTDC base instead of the base identified in our approved indirect cost rate agreement. We understand that Service approval of such a request will be based on:

1) a determination that our approved base is only a subset of the MTDC (such as salaries and wages); and 2) that use of the MTDC base will still result in a reduction of the total indirect costs to be charged to the award. In accordance with 2 CFR §200.405, we understand that indirect costs not recovered due to a voluntary reduction to our federally negotiated rate are not allowable for recovery via any other means.

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

D7. Other Submission Requirements

Please note that Grants.gov requires the use of “Workspace” for application development and submission. Workspace will be the mechanism for electronically filling out and submit the standard forms (e.g., SF-424). However, for the other required application elements files can be submitted in PDF or typical software programs such as Word, Excel, etc.

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

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

Application size limitations and file naming: The electronic application system (Grants.gov) has an overall application size limit of 200MB, above which the application will not be forwarded to the DOI’s grant management system. Check the file sizes of individual attachments and do not submit extraneous material. Overall, the pre-application should not exceed 40 pages total in length (excluding the SF424, SF424C, Indirect Cost Rate Agreement and SLO Letter of Recommendation) and fewer than 30 is preferred.