R25AS00005 Draft NOFO updated 7.12.24.pdf

U.S. Department of the Interior May 2024

And

U.S. FISH AND WILDLIFE

SERVICE

Notice of Funding Opportunity No. R25AS00005

Central Valley Project Conservation and Habitat Restoration Program Grants for Fiscal Years 2025 and 2026

Cover photo: (Reclamation/Daniel Strait)

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; and 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.

Synopsis ii

Synopsis Federal Agency Name: Department of the Interior, Bureau of Reclamation, California-Great

Basin Region; and U.S. Fish and Wildlife Service, Pacific Southwest Region

Funding Opportunity Title: Central Valley Project Conservation and Habitat Restoration Program Grants for Fiscal Years 2025 and 2026

Announcement Type: Notice of Funding Opportunity (NOFO) Funding Opportunity Number:

R25AS00005

Assistance Listing Number: 15.564 (Central Valley Project Conservation Program)

15.512 (Central Valley Project Improvement Act)

Dates:

(See NOFO Sec. D.4)

Application due date:

Tuesday, December 10, 2024, 3:00 p.m. Pacific Standard Time (PST).

Eligible Applicants:

(See NOFO Sec. C.1)

Applicants eligible to receive financial assistance to fund activities under this NOFO include: State or local government agencies, private non-profit or for-profit organizations, individuals, and educational institutions.

Recipient Cost-Share:

(See NOFO Sec. C.2)

No cost sharing requirement.

Federal Funding Amount:

(See NOFO Sec. B.1)

Approximately $4,800,000 is available under this program.

Up to $1,000,000 per award.

Estimated Number of Agreements to be Awarded:

(See NOFO Sec. B.1)

Approximately 7 to 10 per application submittal period, contingent on appropriations.

Intergovernmental Review:

(See NOFO Sec. D.5)

This NOFO is subject to Executive Order 12372, “Intergovernmental Review of Federal Programs.” A list of states that have elected to participate in the intergovernmental review process is available on whitehouse.gov.

https://www.whitehouse.gov/wp-content/uploads/2020/04/SPOC-4-13-20.pdf

Application Checklist iii

Application Checklist The following tables contain a summary of the information that applicants are required to submit.

√ Mandatory Application Components Section 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)

Section D.2.1 8

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

Section D.3 15

Technical Proposal (use Project Narrative Attachment Form to upload in grants.gov)

Section E.1 22

Budget Narrative (use Budget Narrative Attachment Form to upload in grants.gov)

Section D.2.5.11 11

√ Recommended Application Components Section Page

Environmental and cultural resources compliance Section D.6.3 20 Required permits or approvals Section D.2.1.7 12 Overlap or duplication of effort statement Section D.2.1.8 12 Conflict of interest disclosure statement Section D.2.1.9 13 Uniform audit reporting statement Section D.2.1.11 14 SF-LLL: Disclosure of Lobbying Activities (required, if applicable) (OMB)

Section D.2.1.12 14

Certification Regarding Lobbying Section D.2.1.11 14

Official Resolution Section D.2.1.13 14 Project Abstract Summary Section D.2.1.14 15 javascript:downloadFile('https://apply07.grants.gov/apply/forms/sample/SF424_4_0-V4.0.pdf');

javascript:downloadFile('https://apply07.grants.gov/apply/forms/sample/SF424A-V1.0.pdf');

javascript:downloadFile('https://apply07.grants.gov/apply/forms/sample/SF424B-V1.1.pdf');

https://sam.gov/content/home https://sam.gov/content/home javascript:downloadFile('https://apply07.grants.gov/apply/forms/sample/SFLLL_2_0-V2.0.pdf');

Contents iv

Contents Section A. Program Description

A.1. Authority A.2. Background, Purpose, and Program Requirements

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

Section C. Eligibility Information C.1. Eligible Applicants C.2. Cost Sharing or Matching C.3. Other C.4. Eligible Projects C.5. Ineligible Projects

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

Section E. Application Review Information E.1. Technical Proposal: Evaluation Criteria E.2. Review and Selection Process E.3. Anticipated Announcement and Federal Award Dates E.4. Program Priority Actions

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. Data Availability (2 CFR §1402.315) F.5. Recipient Service Delivery Option

Section G. Federal Awarding Agency Contact(s) 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. Environmental Statutes

Section A. Program Description

A.1. Authority

Reclamation Projects Authorization and Adjustment Act of 1992, Title XXXIV, Central Valley Project Improvement Act, Public Law 102-575 and the Fish and Wildlife Coordination Act, as amended, 16 U.S.C. Section 661 et seq.

A.2. Background, Purpose, and Program Requirements

The purpose of this NOFO is to solicit applications from non-federal parties to which the Bureau of Reclamation (Reclamation) and U.S. Fish and Wildlife Service (USFWS) will issue awards of grants or cooperative agreements through the CVPCP, CVPIA and the HRP. The CVPCP and HRP implement actions intended to protect, restore, and enhance special-status species (excluding fish) and their habitats that have been affected by the operation of the Central Valley Project (CVP) and implementation of the CVPIA, with a special emphasis on federally listed species. The main objectives of the programs are to: (1) protect and restore native habitats impacted by the CVP, (2) stabilize and improve populations of native species impacted by the CVP, and (3) assist with the recovery of federally and state-listed species whose populations have been impacted by the CVP.

In accordance with the Office of Management and Budget’s guidance located at 2 CFR part 200, all applicable Federal laws, and relevant Executive guidance, the Federal awarding agency will review and consider applications for funding pursuant to this notice of funding opportunity and the Program seeks to implement the Biden-Harris administrations priorities through the following Executive Orders:

• Executive Order 14008: Tackling the Climate Crisis at Home and Abroad - Directs, which directs the Department and other Federal agencies to prioritize efforts to support land conservation and biodiversity efforts.

• Executive Order 13985 – Advancing Racial Equity and Support for Underserved

Communities through the Federal Government – Federally recognized tribes are eligible to apply under this NOFO.

• Executive Order 14005 – Ensuring the Future is Made in All of America by All of

America’s Workers – This NOFO relies on US-based non-profits, tribes, and California state agencies. Through this action Reclamation and the Service will also ensure that Tribes and Tribal organizations are eligible to participate, consistent with underlying law (P.L. 102-575, Title XXXIV, Central Valley Project Improvement Act, Section 3407(e)), and receive appropriate technical assistance if required.

Section A.2 Program Description ii

General Terms and Conditions:

For applicants successful in receiving an award through this NOFO, by accepting an agreement for award the recipient and its executives, as defined in 2 CFR § 170.315, certify that the recipient’s policies are in accordance with the Office of Management and Budget’s guidance located at 2 CFR part 200, all applicable Federal laws, and relevant Executive guidance.

Funding Opportunity Announcement R25AS00005

Section B. Federal Award Information

B.1. Total Funding

Estimated Total Funding: $4,800,000.00

B.2. Expected Award Amount

Maximum Award:

$1,000,000.00

Minimum Award:

$25,000.00

B.3. Anticipated Award Funding and Dates

Agreements are not effective until fully executed with signature from the Grants Officer. The length of projects will vary by award, the length of time generally being as requested in the project schedule in the application and as outlined in the scope of the financial assistance agreement signed by award recipients and the awarding agency. The maximum length of award for financial assistance agreements is 5 years from the date of execution of the award for Reclamation agreements. The maximum length of award for USFWS agreements is 4 years.

The number of financial assistance agreements awarded and amount of funding available is dependent on annual appropriations to the CVPCP and HRP and the number of successful applications. An estimated total of $4,800,000 is available for project awards. Of that, an estimated $1,270,000 will be available during both FY 2025 and FY 2026 through the CVPCP.

An estimated $1,130,000 will be available during both FY 2025 and FY 2026 through the HRP.

B.4. Number of Awards

Reclamation will award approximately 7 to 10 awards, depending on the amount requested by each applicant and the amount of Federal funding available, under this NOFO.

B.5. Type of Award

Project awards will be made through Grants or Cooperative Agreements.

Section B. Federal Award Information

Under cooperative agreements, the successful applicant should expect Reclamation to have substantial involvement in the project. This includes:

• collaboration and participation with the successful applicant in the management of the project and close oversight of the successful applicant’s activities to ensure that the program objectives are achieved, and

• possible oversight, including review, input, and approval at key interim stages of the project.

Section C. Eligibility Information This section addresses the considerations or factors that determine applicant or application eligibility. This includes the eligibility of particular types of applicant organizations, any factors affecting the eligibility of the principal investigator or project director, and any criteria that make particular projects ineligible. Federal agencies should make clear whether an applicant's failure to meet an eligibility criterion by the time of an application deadline will result in Reclamation returning the application without review or, even though an application may be reviewed, will preclude Reclamation from making a Federal award.

C.1. Eligible Applicants

☐00—State governments

☐01—County governments

☐02—City or township governments

☐04—Special district governments

☐05—Independent school districts

☐06—Public and State controlled institutions of higher education

☐07—Native American Tribal governments (Federally recognized)

☐08—Public housing authorities/Indian housing authorities

☐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 education

☐13—Nonprofits without 501(c)(3) status with the IRS, other than institutions of higher education

☐20—Private institutions of higher education

☐21—Individuals

☐22—For profit organization other than small businesses

☐23—Small businesses

Section C. Eligibility Information

☐*25—Others (see text field entitled “Additional Information on Eligibility” for clarification)

☒*99—Unrestricted (i.e., open to any type of entity above)

Applications from parties who have received a federal assistance award in the past may be evaluated based on past performance. At a minimum, this would include how well the applicant, as a previous award recipient, complied with requirements for submitting reports and other requirements in a complete and timely manner; communicated and coordinated on past projects between themselves and the awarding agency; complied with the terms and conditions of the previous financial assistance agreement; and whether the award recipient was responsive to requested information in a timely manner.

C.2. Cost Sharing or Matching

Neither the CVPCP nor the HRP have a cost-sharing requirement. However, partnering (i.e., cost-sharing provided by other contributing entities, through cash or in-kind services, toward the cost of the proposed project) is highly encouraged. The extent of partnering is considered during application evaluation.

In-kind contributions constitute the value of non-cash contributions that benefit a federally assisted project that would otherwise be paid for by USFWS or Reclamation. These contributions may be in the form of labor, real property, equipment, supplies and other expendable property, as well as the value of goods and services directly benefiting and specifically identifiable to the project or program. The cost or value of in-kind contributions that have been or will be relied upon 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 qualify as a cost-share contribution for CVPCP or HRP financial assistance. In other words, the contribution cannot be credited twice.

C.3. Other

Reclamation conducts a review of the SAM.gov Exclusions Database for all applicant entities and their key personnel prior to award and ineligibility condition apply to this Federal program.

If the SAM.gov Exclusions Database identifies any entities or key personnel as ineligible, prohibited/restricted, or otherwise excluded from receiving Federal contracts, certain subcontracts, and certain Federal assistance and benefits, Reclamation cannot award funds to them.

C.4. Eligible Projects

The program office will review all proposed projects to determine whether the application is an eligible activity under the NOFO and can proceed to merit review evaluation. The Reclamation Grants Officer and CVPCP and HRP Managers will determine whether a submitted application https://sam.gov/content/exclusions https://sam.gov/content/exclusions and its proposed project are eligible for a financial assistance award. Eligibility is determined by considering, at a minimum, the following:

The CVPCP and HRP fund a variety of actions to improve conditions for species and habitats impacted by the CVP, recognizing that a balanced set of actions is needed to meet program objectives. Emphasis is placed on certain kinds of activities considered critical to species’ protection and recovery. Applications for land protection, habitat restoration, research, and captive propagation and/or reintroduction projects will be considered for funding.

1. Land Protection: Protection of species or existing habitats impacted by the CVP through the purchase of fee title acquisition, conservation easements, and potentially other forms of protection on lands where threats to these lands are significant. At least 50 percent of available funding will be targeted towards this category of activity. Neither the CVPCP nor the HRP can fund a protection project that would result in mitigation credits for the grant recipient or the landowner.

2. Habitat Restoration: Restoration of CVP impacted habitats where restoration actions would markedly improve conditions for impacted species. Neither the CVPCP nor the HRP can fund a restoration project that would result in mitigation credits for the grant recipient or the landowner.

3. Research: Research addressing status and habitat needs to facilitate listed species recovery.

4. Captive Propagation and/or Reintroduction: Captive propagation and/or reintroduction of listed species to increase numbers of individuals in a population.

C.5. Ineligible Projects

Applications for the following types of projects are not eligible for a financial assistance award through this NOFO:

• Projects targeted specifically toward benefiting fish.

• Projects that would result in mitigation credits for any party to the project.

• The project area falls outside the CVPCP and HRP Priority Project Area unless a clear nexus to the CVP is demonstrated.

• Applications for which the award recipient is not current on its award reporting and audit requirements for an existing federal award may not be eligible to enter into a new financial assistance agreement.

Section D. Application and Submission Information

Section D. Application and Submission Information This section informs potential applicants how to get application forms, kits, or other materials necessary for them to apply.

D.1. Access to Application Package

This NOFO includes all information, documents, and electronic addresses needed to submit an application through grants.gov. If the applicant is unable to access this information electronically, the Financial Assistance staff may provide paper copies of any documents referenced in this NOFO via an email request from the applicant. All required application forms are available on the “Packages” tab for this funding opportunity on grants.gov.

D.2. Content and Form of Application Submission

D.2.1. Mandatory Federal Forms

Failure to submit all mandatory forms will result in the elimination of the application from further consideration. All required forms can be found in the required documents of the grants.gov application package or for paper submissions can be found here;

https://www.grants.gov/forms/forms-repository/sf-424-family (the note may be disregarded, all forms located at this site are active and can be utilized for submission purposes).

D.2.1.1. SF-424 Application for Federal Assistance.

Applicants must submit the Standard Form (SF)-424, Application for Federal Assistance. The SF-424 must be complete, signed and dated. Reclamation will consider any applications that fail to include an SF-424 with a valid unique entity identifier (UEI) number by the submission deadline as ineligible and will result in the elimination of the application from further consideration.

D.2.1.2. SF-424 (A) Budget Information Form.

Applicants must submit and complete the SF-424A, Budget Information—Non-Construction Programs .

D.2.1.3. SF-424 (B or D) Assurances Form.

A person legally authorized to commit the applicant to performance of the project must sign the SF-424B, Assurances—Non-Construction Programs.

https://doimspp.sharepoint.com/sites/FAPolicy/Shared%20Documents/General/NOFO%20Revision%20Group/New%20NOFO%20Template/grants.gov mailto:sha-dro-fafoa@usbr.gov https://www.grants.gov/forms/forms-repository/sf-424-family

D.2.1.4. Project Proposal

The project proposal must be no longer than 18 pages, with a typeface no smaller than 12-point, and have at least 1-inch margins on all sides. The 18-page total includes the cover page, project description, budget narrative, and budget table. Information to provide at the end of the proposal, which is not considered part of the 18-page limit, includes maps, figures, photographs, literature cited, SF-424s, resumes or curriculum vitae, landowner letters or emails of support, and other information such as appendices.

Application narrative requirements must include:

Title Page

The title page should provide a brief and descriptive title for the proposed work that indicates the nature of the project. Include the name and address of the applicant, and the name, address, e-mail address, and telephone of the project manager.

Table of Contents

The table of contents should include all major sections of the project proposal, including page numbers.

Executive Summary

The executive summary should include:

• the date, applicant name, city, county, and State

• a one-paragraph project summary that briefly describes the work that will be carried out, 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. Do not include detailed species benefits information in this section.

• Example: San Bernardino Valley Municipal Water District will implement the Hidden Valley Creek Riparian Habitat Restoration Project within the Upper Santa Ana River Watershed, a tributary of the Santa Ana River, in southern California. The project will restore and improve the condition of 21.7 acres of degraded aquatic and riparian habitat, including habitat for the threatened Santa Ana Sucker which has lost almost 95% of its historic habitat. The district will construct 4,200 linear-feet of new and restored stream channel, establish a 25-foot buffer of native riparian vegetation on each side of the stream, and enhance a 1.2-acre floodplain bench. The project will also include non-native plant removal and site revegetation efforts. This restoration will improve water quality, increase habitat connectivity, and provide crucial support for recovering endangered and sensitive species.

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

• whether or not the proposed project efforts will benefit or otherwise involve Federal land.

Project Location

For land acquisition, habitat restoration captive propagation and/or reintroduction projects, and research projects where applicable, the project location should provide specific information on the area in which the applicant will work including a map showing the geographic location and a brief narrative. For example: the {project} is located in {state and county} approximately {distance} miles {direction, e.g., northeast} of {nearest town} in {township, range, and section}.

Provide at least one map with sufficient project details to understand the location of all elements of the proposal. Multiple maps may be necessary to accurately depict the proposal in its entirety.

Recommended guidance on useful features to include on the project map(s) is included in Appendix A. If selected for funding, Reclamation may request additional detail regarding the applicant’s project location.

• All project applications must include a clear, detailed, full-page color map indicating local reference points, a scale bar, and the location of the proposed project or project activities within the CVPCP and HRP project area (https://www.usbr.gov/mp/cvpcp/map/index.html).

• Include locations of documented species observations from surveys or other knowledge, if any.

• For land acquisition and habitat restoration projects, and for research and captive propagation and/or reintroduction projects when applicable, include photographs of the project site(s).

Research Work Plan and Schedule (for research proposals)

This section should provide the project’s technical approach and project activities. The research work plan should include a schedule showing individual tasks with significant milestones for accomplishing the identified work. Clearly and concisely convey this schedule using a table, Gantt chart, project network diagram, or any other visual format. The pilot testing should include a minimum 1 full month of non-disrupted data collection.

Project Description

The technical project description should describe the work for which the funding will be used, including any specific activities the work will accomplish. This section is an opportunity for the applicant to provide a clear description of the technical nature of the project and to address any aspect of the project that reviewers may need additional information to understand. Include enough detail on the proposed project to permit a comprehensive evaluation of the proposal.

Illustrative photographs may be useful in communicating aspects of the project.

https://www.usbr.gov/mp/cvpcp/map/index.html

The technical description should also describe the technical approach and proposed research and testing activities the applicant plans to conduct under the project. Include enough detail on the proposed technology or approach to allow a comprehensive evaluation of the proposal.

Reclamation will establish the applicant’s understanding not only by the proposed approach, but also by identifying potential challenges that the project may face throughout the proposed testing, and the mitigation strategies for these potential challenges.

Describe in detail the project tasks, including the development of the final technical report. For each task, describe planned activities and expected outcomes and milestones.

Describe how project performance would be measured when assessing the progress made towards achieving predetermined performance goals (this criterion does not apply to Land Protection project proposals).

Describe the staff levels and expertise, the number of staff hours, and the schedule for completing each task. Provide the location of the proposed pilot testing, water type(s), and system flow rate.

As applicable, provide figures such a flow diagram, mass/energy balance, and/or similar ways to describe the proposed technology or approach, including process inputs and outputs.

If the project requires more than 1 year of work, the applicant should state this; list tasks for each phase; and separate tasks to be completed each year. Include milestones (markers in a project that signify a change or stage in development) and the final completion date for each objective.

Note: No project may be funded that extends beyond 5 years.

The sole intention of this section is to provide an understanding of the technical aspects of the project. Please note: if the work for which the applicant is requesting funding is a phase of a larger project, please only describe the work reflected in the budget and exclude description of other activities or components of the overall project. Please do not duplicate information.

For Land Protection and Habitat Restoration project proposals only: Unless specifically required under another category of Priority Action. Proposals should state how the protected or restored habitats would be monitored and managed in the future to achieve the benefits to the CVP impacted species and habitats described in the proposal. Financial assistance recipients must submit a plan for monitoring and managing the project area for all habitat restoration and conservation easement land protection projects prior to close of financial assistance award agreements, and prior to close of purchase for all fee title land acquisition projects.

D.2.1.5. Budget Detail and Narrative (Attachment B-Suggested Format)

Budget Detail and Narrative

In the budget detail and narrative section, applicants should describe and justify requested budget items and costs. Applicants should provide details to support the SF-424A, “Object Class” categories or the SF-424C, “Cost Classification” categories. The budget narrative must clearly identify all items of cost (total estimated project cost), including those contributed as non-Federal cost share by the applicant (required and voluntary), third-party in-kind contributions, and those covered using the funding requested from Reclamation, and any requested pre-award costs.

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 necessary to complete the project. Applicants must include detailed descriptions of all cost justifications (see Reclamation’s suggested format in Attachment B for more detail). Costs, including the valuation of third-party in-kind contributions, must comply with the applicable cost principles contained in

2 CFR, §200.

Budget items must be reasonable, allowable, allocable, and necessary to the supported activity.

Refer to 2 CFR §200, for applicable administrative requirements and cost principles. See 2 CFR §200.407, Prior written approval (prior approval), for more information.

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

D.2.1.6. Environmental and Cultural Resources Compliance

Compliance with National Environmental Policy Act (NEPA), Endangered Species Act (ESA), and National Historic Preservation Act (NHPA) (as further detailed in Section H.2) will be required for all funded projects. Further, monitoring, measurement, or other field work may be required to complete environmental and cultural resources compliance, with some of the field work also requiring individual compliance. provided by the applicant.

D.2.1.7. Required Permits or Approvals

Federal, state, tribal, and/or county permits or approvals may be required to implement the proposed project. In the application, state whether the project will require any permits or approvals and explain the plan and schedule for obtaining these permits or approvals.

If a proposal includes improvements to Federal facilities, Reclamation may also require additional reviews and approvals prior to implementation to ensure the Bureau can approve any necessary easements, land use authorizations, or special permits consistent with the requirements of 43 CFR §429 and that the development will not impact or impair project operations or efficiency.

D.2.1.8. Overlap or Duplication of Effort Statement (optional, encouraged)

If providing an overlap or duplication of effort statement (highly encouraged), applicants should address 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, the applicant must provide a description of the overlap in the application for review.

Applicants must 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 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200 https://www.ecfr.gov/current/title-2/section-200.407 https://www.ecfr.gov/current/title-2/section-200.407 https://www.ecfr.gov/current/title-43/subtitle-B/chapter-I/part-429 such a circumstance exists, the applicant must detail when the other duplicative proposal(s) were submitted, to what Agency or financial assistance program, and when funding decisions are expected to be announced. If at any time another Federal awarding agency awards funds to the applicant that would be duplicative of the funding requested from Reclamation, applicants must notify the NOFO point of contact or the program coordinator immediately.

D.2.1.9. Conflict of Interest Disclosure Statement

Per the Financial Assistance Interior Regulation, 2 CFR §1402.112, all applications must state if any actual or potential conflict of interest exists at the time of submission.

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 subrecipients, the conflict-of-interest provisions in 2 CFR §200.318 applies.

Notification

(1) Non-Federal entities, including applicants for financial assistance awards, must disclose, in writing, any conflict of interest to the Department of the Interior 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 Reclamation financial assistance officer in writing of any conflicts of interest that may arise during the life of the award, including those reported by subrecipients.

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 U.S.C. §1352.

Review Procedures

The financial assistance officer will examine each conflict-of-interest disclosure based on its particular facts and the nature of the proposed grant or cooperative agreement and will determine whether a significant potential conflict exists and, if it does, develop an appropriate means for resolving it.

Enforcement

Failure to resolve conflicts of interest in a manner that satisfies the Government may be cause for termination of the award. Failure to make required disclosures may result in any of the remedies https://www.ecfr.gov/current/title-2/subtitle-B/chapter-XIV/part-1402/subpart-B/section-1402.112 https://www.ecfr.gov/current/title-2/section-200.318 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-B/section-200.112 https://www.ecfr.gov/current/title-43/subtitle-A/part-18 https://www.govinfo.gov/content/pkg/USCODE-2021-title31/pdf/USCODE-2021-title31-subtitleII-chap13-subchapIII-sec1352.pdf described in 2 CFR §200.339, Remedies for noncompliance, including suspension or debarment (see also 2 CFR §180).

D.2.1.10. 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 within an 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 and local governments, Federally recognized Indian Tribal governments, and non-profit applicants must state if their organization was or was not required to submit a Single Audit report for the most recently closed fiscal year. If the applicant’s organization was required to submit a Single Audit report for the most recently closed fiscal year, the applicant must provide the Employer Identification Number associated with that report and state if the number is available through the Federal Audit Clearinghouse website.

D.2.1.11. Certification Regarding Lobbying

Applicants requesting more than $100,000 in Federal funding must certify to the statements in 43 CFR §18, Appendix A. If this application requests more than $100,000 in Federal funds, the authorized official’s signature on the appropriate SF-424 form also represents the applicant’s certification of the statements in 43 CFR § 18, Appendix A.

D.2.1.12. Disclosure of Lobbying Activities (if applicable)

If the applicant has made, or agreed to make, payment to any lobbying entity in an attempt to influence, or attempt 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, Reclamation will require applicants to complete and sign an SF-LLL, Disclosure of Lobbying Activities form. Note— a contractor or other entity cannot submit this form on an applicant’s behalf.

D.2.1.13. Official Resolution (optional)

If selected, the applicant must provide an official resolution adopted by the applicant’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 prior to award. This must include:

• 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, and

• that the applicant will work with Reclamation to meet established deadlines for entering into a grant or cooperative agreement.

An official resolution, meeting the requirements above, is mandatory before Reclamation will award funding.

https://ecfr.io/Title-2/Section-200.339 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-I/part-180 https://harvester.census.gov/facides/Account/Login.aspx https://harvester.census.gov/facides/Account/Login.aspx https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-F https://harvester.census.gov/facdissem/Main.aspx https://harvester.census.gov/facdissem/Main.aspx https://www.ecfr.gov/current/title-43/subtitle-A/part-18#Appendix-A-to-Part-18 https://www.ecfr.gov/current/title-43/subtitle-A/part-18#Appendix-A-to-Part-18

D.2.1.14. Project Abstract Summary (optional)

The applicant may complete and submit the Project Abstract Summary form with the application package. This must include:

• funding opportunity number,

• goals and objectives of the proposed project,

• summary of project activities,

• performance goals including milestones and expected outcomes, and

• the intended beneficiaries, and any subrecipient activities, if known.

Reclamation will transmit this information to usaspending.gov and be viewable by the public.

D.3. Unique Entity Identifier and System for Award Management

(SAM)

Each applicant (unless the applicant is an individual or Federal awarding agency 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:

• register in SAM before submitting an application (instructions for registering are available at on the SAM.gov site),

• provide a valid UEI in the application, and

• maintain an active SAM registration with current information at all times during which an applicant 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

Applicants must register on the SAM.gov website. Click “Help” to find user guides and other information to assist 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, SAM.gov will assign the applicant a UEI. Applicants must renew and revalidate SAM.gov registration at least once every 12 months from the previous date of registration. Applicants are strongly encouraged to revalidate registration as often as needed to ensure their information is up to date and reflects changes that may have been made to the Internal Revenue Service’s information.

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 applicants can register and request help for free.

https://apply07.grants.gov/apply/forms/readonly/Project_AbstractSummary_2_0-V2.0.pdf https://www.usaspending.gov/ https://www.ecfr.gov/current/title-2/subtitle-A/chapter-I/part-25/subpart-A/section-25.110#p-25.110(b) https://www.ecfr.gov/current/title-2/subtitle-A/chapter-I/part-25/subpart-A/section-25.110#p-25.110(c) https://www.ecfr.gov/current/title-2/subtitle-A/chapter-I/part-25/subpart-A/section-25.110#p-25.110(d) https://sam.gov/content/home https://sam.gov/content/home https://sam.gov/content/help https://sam.gov/content/entity-registration https://www.fsd.gov/gsafsd_sp?id=kb_article_view&sysparm_article=KB0029912&sys_kb_id=cf698d6d1b38ad503565ed3ce54bcb46&spa=1

NOTE: An applicant’s SAM.gov registration process may take 6 weeks or more to complete, so please allow sufficient time to ensure applications are submitted before the closing date. Failure to submit on time because an applicant did not complete registration in SAM.gov or Grants.gov will result in the application submission being found ineligible.

D.3.2. Obtain a UEI Number

Applicants must provide a valid unique entity identifier as part of the application. Applicants are required to register in SAM.gov prior to submitting a Federal award application and obtain a UEI. A UEI will be assigned to entities upon registering with SAM.

D.3.3. Maintain an Active SAM Registration and UEI Number

Applicants must continue to maintain an active SAM registration with current information at all times during which applicants have an active Federal award, application, or plan under consideration by Reclamation. Reclamation may not make a Federal award until the applicant has complied with all applicable UEI and SAM requirements and, if the applicants has not fully complied with the requirements by the time Reclamation is ready to make a Federal award, Reclamation may determine that the applicant is not qualified to receive a Federal award and use that determination as a basis for making a Federal award to another applicant.

D.3.4. Current Responsibilities/Qualifications Information

Before awarding a grant in excess of the simplified acquisition threshold, Reclamation is required to review the SAM.gov database and consider all information about the applicant that is in the designated integrity and performance system accessible through SAM (see 41 U.S.C.

§2313).

Optionally, applicants may review information in the designated integrity and performance systems accessible through SAM and comment on any information that a Federal awarding agency previously entered and that is currently in the designated integrity and performance system. Reclamation will consider any comments in making a judgement about the applicant’s integrity, business ethics, and record of performance under Federal awards when completing the review of risk as described in 2 CFR §200.206, “Federal awarding agency review of risk posed by applicants.”

D.4. Submission Date and Time Application submission deadline: December 10, 2024, at 3:00 Pacific Daylight Time.

Applications must be submitted to Grants.gov no later than this due date and time.

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. To document a delay https://uscode.house.gov/view.xhtml?req=(title:41%20section:2313%20edition:prelim)%20OR%20(granuleid:USC-prelim-title41-section2313)&f=treesort&edition=prelim&num=0&jumpTo=true#:%7E:text=41%20USC%202313%3A%20Database%20for%20Federal%20agency%20contract,Procurement%20PolicyDivision%20B-Office%20of%20Federal%20Procurement%20PolicyCHAPTER%2023-MISCELLANEOUS https://uscode.house.gov/view.xhtml?req=(title:41%20section:2313%20edition:prelim)%20OR%20(granuleid:USC-prelim-title41-section2313)&f=treesort&edition=prelim&num=0&jumpTo=true#:%7E:text=41%20USC%202313%3A%20Database%20for%20Federal%20agency%20contract,Procurement%20PolicyDivision%20B-Office%20of%20Federal%20Procurement%20PolicyCHAPTER%2023-MISCELLANEOUS https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-C/section-200.206 due to a technical issue in Grants.gov, you must furnish a Grants.gov helpdesk ticket number to sha-dro-fafoa@usbr.gov that validates the delay prior to the submission deadline.

If applicants are unable to submit their application through Grants.gov, they may provide a paper copy of their full application by mail or courier.

D.4.1. Instructions for Submission of Project Application

Applications should be either (1) submitted electronically through www.grants.gov; (2) mailed to include three paper copies; or (3) hand-delivered to include three paper copies. In order to safeguard the security of electronic information, www.grants.gov utilizes E-Authentication, the federal program that ensures secure transactions. If you are filing electronically on www.grants.gov, you may submit your application any time after you receive your E- Authentication credentials. Those submitting an application through grants.gov also need to be registered with the System for Award Management (SAM) before being able to submit an application through www.grants.gov. For mor information see:

http://www.grants.gov/web/grants/applicants/organization-registration/step-2-register-with-sam.html for more information. Personalized support is available through the grants.gov Contact Center at https://www.grants.gov/web/grants/support.html. Applicants accepted to receive an award must enroll in the Department of the Treasury’s Automated Standard Application for Payments (ASAP) to receive payment. ASAP is the only allowable method for request and receipt of award payments.

Applicants choosing to submit an application through the mail should submit the full application package to the following person and address:

Bureau of Reclamation Attn: Pete Arp, CGB-3800 2800 Cottage Way, Room E-1815 Sacramento, CA 95825-1898

(916) 978-5693

Applicants are not limited to one application submission. Any number of applications may be submitted by each applicant.

Applications selected for funding may be reviewed by an agency Cost Analyst. Applicants should be prepared to provide written documentation of market research conducted to support the basis of all project costs in accordance with 2 Code of Federal Regulations (CFR) 200. When preparing project budget estimates, applicants may include as part of their project budget up to 10 percent for labor cost to collect and prepare the requested cost documentation.

Applications must be submitted as a complete package. Materials arriving separately will not be included in the application package for consideration and may result in the application being considered ineligible. Mailing materials, package, or packing envelopes containing the application should reference NOFO number R25AS00005. Faxed and emailed copies of applications will not be accepted.

http://www.grants.gov/ http://www.grants.gov/ http://www.grants.gov/ http://www.grants.gov/web/grants/applicants/organization-registration/step-2-register-with-sam.html http://www.grants.gov/web/grants/applicants/organization-registration/step-2-register-with-sam.html https://www.grants.gov/web/grants/support.html

Applicants must submit a fully completed and signed SF-424, Application for Federal Assistance. Applications must also include an SF-424A, Budget Information – Non-construction Programs, and a completed and signed SF-424B – Assurances – Non-Construction Programs or SF-424D – Construction Programs. The forms must be signed by a person legally authorized to commit the organization to performance of the activity and who will be the official administrative point of contact during the application process. Inclusion of a properly signed and dated SF-424 is a mandatory requirement. Failure to include the form with the application will result in the elimination of the application from further consideration. The SF-424 and its related forms may be downloaded from www.grants.gov.

For applications that include a State and/or local funding contribution, the SF-424 is subject to review by the State, reference Executive Order 12372, “Intergovernmental Review of Federal Programs”. If applicable, a copy of the SF-424 should be mailed to the State Clearinghouse, Governor’s Office of Planning and Research, P.O. Box 3044, Sacramento, CA 95812-3044. The State also accepts fax copies of the SF-424 at (916) 558-3164. Applicants should not send or fax the full application package or any other supplemental information to the State Clearinghouse.

Be sure to mark the SF-424 correctly; check the box and indicate the date that the SF-424 was faxed or mailed to the State Clearinghouse on Section 19 of the SF-424.

D.4.2. Due Date for Applications

Electronically submitted applications must be submitted no later than:

Tuesday, December 10, 2024, 3:00 p.m. Pacific Standard Time (PST)

D.5. Intergovernmental Review (if applicable)

Prior to application submission, if the applicant is a U.S. State and/or local government organization, visit the White House Office of Management and Budget (OMB) Office of Federal Financial Management website and view the State Point of Contact (SPOC) List to determine whether the application is subject to the State intergovernmental review process under Executive Order 12372, “Intergovernmental Review of Federal Programs.” States not on the list do not participate in the intergovernmental review process, and therefore do not have a SPOC. If located within a State that does not have a SPOC, the applicant may send application materials directly to a Federal awarding agency. If the applicant’s State is on the list, contact the designated SPOC for more information on the State’s prior review requirements for Federal assistance applications.

http://www.grants.gov/ https://www.bing.com/search?pglt=161&q=State+Point+of+Contact+(SPOC)+List+Executive+Order+(E.O.)+12372&cvid=c07b26bc0d994721a7ca957f91544857&aqs=edge..69i57.12510j0j1&FORM=ANNAB1&PC=U531

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 and are necessary for the 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.

Pre-award costs are related to the planning and design of the project including, but not limited to engineering and design, modeling, environmental and cultural studies, and permitting.