REPI NOFO FY24 (2).pdf

U.S. Department of the Interior

National Park Service

Financial Assistance

Notice of Funding Opportunity (NOFO)

NOFO Title Land and Water Conservation Fund State

Assistance + Readiness and

Environmental Protection Integration

Partnership Challenge Program - FY24

NOFO Number:

Announcement Type: New

CFDA Number: 15.916

Issue Date: 01/29/2024

Application Due Date: 07/12/2024 Time: 11:59 PM EST

Note: Per 2 CFR 1402.204 (f) Bureaus and offices must consider the timeliness of the application submission. Applications that are submitted beyond the announced deadline date must be removed from the review process.

Program Technical Contact: Administration Contact:

Name Missy Morrison Name Missy Morrison

Phone 202-641-6557 Phone 202-641-6557

Email mary_morrison@nps.gov Email mary_morrison@nps.gov

Table of Contents

Section A: Program Description

Section B: Federal Award Information

Section C: Eligibility Information

1. Eligible Applicants

2. Cost Sharing or Matching

3. Other

Section D: Application and Submission Information

1. Address to Request Application Package

2. Contents and Form of Application Submission

3. State Lead Agency Role in Application Process

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

5. Submission Dates and Times

6. Intergovernmental Review

7. Funding Restrictions

8. Other Submission Requirements

Section E: Applicant Review Information

1. Criteria

2. Review and Selection Process

3. CFR – Regulatory Information

Evaluation of Applicant Risk

Section F: Federal Award Administration Information

1. Federal Award Notices

2. Administrative and National Policy Requirements

3. Reporting

Section G: Federal Awarding Agency Contacts

Section H: Other Information:

In Perpetuity Requirements

Secretary of the Interior and Defense Priorities

Further Resources

Section A: Program Description

Legislative 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 (formerly CFDA) Number: 15.916,12.017

Federal Regulations: 2 C.F.R. § 200, 2 C.F.R. § 1402

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 State 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 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, REPI projects help to preserve vital missions at key military installations.

In coordination with Congress and the DoD, the Secretary of the Interior has established a special competitive funding initiative using previously apportioned funds that are not currently allocated to any particular state or territory. The Readiness and Recreation Initiative 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 1) providing outdoor recreation opportunities, and 2) promoting or supporting compatible land uses and avoiding incompatible development https://uscode.house.gov/view.xhtml?path=/prelim@title54/subtitle2/chapter2003&edition=prelim https://www.govinfo.gov/app/details/USCODE-2011-title10/USCODE-2011-title10-subtitleA-partIV-chap159-sec2684a https://www.govinfo.gov/app/details/USCODE-2011-title10/USCODE-2011-title10-subtitleA-partIV-chap159-sec2684a https://www.govinfo.gov/app/details/USCODE-2011-title10/USCODE-2011-title10-subtitleA-partIV-chap159-sec2684a https://www.govinfo.gov/app/details/USCODE-2011-title10/USCODE-2011-title10-subtitleA-partIV-chap159-sec2684a 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 Partnership Opportunity Area”). 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 Partnership Opportunity Area.

• creating or expanding public outdoor recreational opportunities for the general public, including for residents and military families associated with the military installation within the REPI Partnership Opportunity Area.

• located within an active REPI Partnership Opportunity Area.

• promoting compatible land uses for military installations within REPI Partnership

Opportunity Areas, particularly land uses related to compatible recreation development, advancing conservation or climate resilience (only if also offering compatible public access).

• 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, who are interested in seeking a grant under this program must contact their LWCF State contact to get details about their process for identifying and selecting projects for submission under this competition. A list of the State 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; evaluate 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 ensure 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 Partnership Opportunity Areas from the REPI Program office at https://www.repi.mil. The State must also work with the https://www.nps.gov/subjects/lwcf/upload/LWCF-FA-Manual-Vol72_2023-10-01_508.pdf http://www.nps.gov/subjects/lwcf/contact-list.htm http://www.repi.mil/ 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. A full application may also require reviews of the project under various state environmental requirements. The environmental reviews must be coordinated with the local military installation that is supporting the proposal.

If a project is selected by the NPS, the project cost estimate included in the proposal generally defines the maximum Federal (LWCF) 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). Additional

Federal funds may be used to meet LWCF matching requirements as outlined in the LWCF

Manual and Section C2 of this document. 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 use 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.

https://www.nps.gov/subjects/lwcf/upload/LWCF-FA-Manual-Vol72_2023-10-01_508.pdf https://www.govinfo.gov/app/details/USCODE-2014-title54/USCODE-2014-title54-subtitleII-chap2003-sec200305 https://www.ecfr.gov/current/title-36/chapter-I/part-59 https://www.govinfo.gov/app/details/USCODE-2011-title10/USCODE-2011-title10-subtitleA-partIV-chap159-sec2684a https://www.govinfo.gov/app/details/USCODE-2011-title10/USCODE-2011-title10-subtitleA-partIV-chap159-sec2684a https://www.govinfo.gov/app/details/USCODE-2011-title10/USCODE-2011-title10-subtitleA-partIV-chap159-sec2684a

Section B: Federal Award Information

Estimated Total Funding: $40,000,000

The amount of funding available per award for this NOFO will be determined once final fiscal year (FY) 2024 appropriations have been made. This NOFO will be cancelled if FY 2024 appropriations are insufficient to support new awards.

Expected Award Amount:

An estimated range of $250,000 To $5,000,000 of funding is anticipated for each award.

The amount of funding available per award for this NOFO will be determined as part of the application review process based on applications received and funding made available through appropriations.

Anticipated Award Date: January 1st, 2025

Anticipated Term of the Agreement: April 1, 2025 – March 31, 2028

Agreement terms for funded projects can range between one and five years, depending on the negotiated project statement of work. Agreements are not effective until fully executed with signature from the NPS Financial Assistance Awarding Officer.

Estimated Number of Agreements to be Awarded: 15

Each activity or project under this agreement will be treated individually, with more detail through project statements, project plans and budgets developed cooperatively between the NPS and the non-Federal entity.

Funding Instrument Type: Grant Agreement

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.

Other Information:

Applications for renewal or supplementation of existing projects are eligible to compete with applications for new Federal awards.

https://www.govinfo.gov/content/pkg/USCODE-2016-title31/pdf/USCODE-2016-title31-subtitleV-chap63-sec6304.pdf https://www.govinfo.gov/app/details/USCODE-2011-title31/USCODE-2011-title31-subtitleV-chap63-sec6304 https://www.govinfo.gov/app/details/USCODE-2011-title31/USCODE-2011-title31-subtitleV-chap61-sec6101

Section C: Eligibility Information

1. Eligible Applicants

00 – State governments

2. Cost Sharing or Matching

The Readiness and Recreation Initiative seeks to expand partnership opportunities with Military

Services and to leverage funding where there are compatible project goals and authorities.

As such, there are more opportunities to share costs as explained below.

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 (DOI) 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) 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 LWCF Act’s required cost-share that would otherwise have to be supplied independently.

Military installations and their partners can receive funding through various opportunities with the REPI Program, including, but not limited to:

• REPI Annual Funding Proposals: The Military Services work with conservation partners to submit annual leverage funding requests to the REPI Program for activities that will preserve operations, testing, and training capabilities. If installation partners are interested in pursuing annual REPI funding as match for a Readiness and

Recreation Initiative compatible project proposal, they should begin coordinating with their installation as soon as possible as each installation has its own internal application deadline. More information on REPI annual funding can be found on the

REPI Program website: https://www.repi.mil/Buffer-Projects/Project-List/.

• REPI Challenge: The REPI Challenge is an annual competition with dedicated funding for REPI partners (e.g., state/local governments, NGOs, universities) to advance project outcomes through large-scale innovation and conservation. The 2024

REPI Challenge RFP is currently open and will close in August 2024. More information on REPI Challenge can be found on the REPI Program website:

https://www.repi.mil/Buffer-Projects/REPI-Challenge/.

• REPI Headquarters Opportunities: while REPI annual funding proposals and REPI

Challenge are the preferred method, there may occasions where the REPI staff at the

Office of the Secretary of Defense and the staff at the Military Service Headquarters can work together to identify an opportunity to pursue a project under the Readiness and Recreation Initiative.

Also, although the provision of matching funds is normally anticipated, there are limited https://uscode.house.gov/view.xhtml?path=/prelim@title54/subtitle2/chapter2003&edition=prelim https://www.govinfo.gov/content/pkg/USCODE-2021-title48/pdf/USCODE-2021-title48-chap10-sec1469a.pdf https://www.govinfo.gov/app/details/USCODE-2014-title10/USCODE-2014-title10-subtitleA-partIV-chap159-sec2684 https://www.govinfo.gov/app/details/USCODE-2014-title10/USCODE-2014-title10-subtitleA-partIV-chap159-sec2684 https://www.repi.mil/Buffer-Projects/Project-List/ https://www.repi.mil/Buffer-Projects/REPI-Challenge/ 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.

3. 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 https://www.nps.gov/subjects/lwcf/upload/LWCF-FA-Manual-Vol72_2023-10-01_508.pdf https://www.govinfo.gov/app/details/USCODE-2011-title10/USCODE-2011-title10-subtitleA-partIV-chap159-sec2684a https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/section-200.306 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/section-200.306 https://www.nps.gov/subjects/lwcf/upload/LWCF-FA-Manual-Vol72_2023-10-01_508.pdf https://www.govinfo.gov/app/details/USCODE-2011-title10/USCODE-2011-title10-subtitleA-partIV-chap159-sec2684a https://sam.gov/content/home

Section D: Application and Submission Information

1. Address to Request Application Package

The full notice of funding (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 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).

2. Contents and Form of Application Submission

You must complete the mandatory standard forms and any applicable optional forms, in accordance with the instructions below, as required by this NOFO. Do not include any proprietary or personally identifiable information. See “mandatory requirements” for information on what a complete application must include.

3. State Lead Agency Role in Application Process

Each LWCF State Lead Agency is responsible for nominating the projects it has deemed eligible and responsive to the Readiness and Recreation Initiative 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 for consideration in the national competition.

Mandatory Requirements:

• Standard Form 424 (SF 424) - Application for Federal Assistance. Complete this form as much as possible with all applicable information.

• Standard Form 424C - Budget Information. Applicants must provide an estimated cumulative budget for the total project in the proposal. The estimated budget must align with the projected scope of work presented in the application.

• Project Abstract Summary – The project abstract form must be completed to meet

Federal award reporting requirements. Ensure the project abstract succinctly describes the project in plain language that the public can understand and use without the full proposal.

If the application is funded, this information will be made available for public access including on USAspending.gov.

• Detailed Budget Narrative – The project budget shall include detailed information on all cost categories and must clearly identify all project costs. Unit costs shall be provided for all budget items including the cost of work to be provided by contractors or sub-recipients. 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 https://www.grants.gov/

(reference section C of this announcement). Cost categories can include, but are not limited to, those costs items included on the SF424A and SF424C.

• Standard Form 424B or D (SF 424B/D) – Assurances

This form must be signed and submitted with your application.

• Project Narrative - Proposal Submission Format

The proposal is a narrative description that should specifically address each of the review criteria (see Section E). The proposal text must be no longer than 10 pages, no smaller than font size 12, and have 1-inch margins. The 10-page limit includes all text, figures, references, and resumes (Forms SF-424, SF-424A, SF-424B, SF-LLL, and the statement of indirect charges are not counted as part of the page limit). Additionally, only information that is pertinent to the proposal should be included.

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 military installation’s REPI agreement, such as preventing incompatible land development within a REPI

Partnership Opportunity 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)

• 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 be 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.

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.

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. Project sponsors risk having the requested federal share reduced if it appears that 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.

• Indirect Costs

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 DOI 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 Military 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:

o A U.S. state or local government entity receiving more than $35 million in direct https://www.govinfo.gov/app/details/USCODE-2011-title10/USCODE-2011-title10-subtitleA-partIV-chap159-sec2684a mailto:ics@ibc.doi.gov mailto:ics@ibc.doi.gov https://ibc.doi.gov/ICS/indirect-cost/insular-state

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.

o 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.

o 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.”] o 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.

o 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.

o 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.

o 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 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-F https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-F 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.

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

• Project Timeline

(Max 1 page) stating milestones and timeframes to complete the tasks/activities under the proposal.

• Maps and Plans o Location Map, showing regional context and 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.

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

• Letter of Support Documenting Military Service Installation Commander Support for the

Proposed Project

• Letter of Intent to Sell, Purchase or Donate Property

• UASFLA-Compliant Appraisal

• Application and Revision Form (A&R - LWCF form available from the state) https://www.ecfr.gov/current/title-2/subtitle-B/chapter-XIV/part-1402/subpart-D/section-1402.414

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

• Copy of an approved waiver of retroactivity (if applicable)

Optional Requirements:

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.

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.

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.

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 to 43 CFR §18 and 31 USC §1352.

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.

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

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 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/subtitle-A/chapter-II/part-200/subpart-D/subject-group-ECFR45ddd4419ad436d/section-200.318 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/subject-group-ECFR45ddd4419ad436d/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://uscode.house.gov/view.xhtml?path=/prelim@title31/subtitle2/chapter13&edition=prelim https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/subject-group-ECFR86b76dde0e1e9dc/section-200.339 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-I/part-180?toc=1 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 regard 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”.

If selected for award, NPS reserves the right to request additional or clarifying information for any reason deemed necessary, including, but not limited to:

(a) Other budget information https://harvester.census.gov/facides/Account/Login.aspx https://harvester.census.gov/facides/Account/Login.aspx https://harvester.census.gov/facdissem/Main.aspx https://harvester.census.gov/facdissem/Main.aspx http://www.ecfr.gov/cgi-bin/text-idx?SID=683823273fc0da6a1060883eda593fb8&mc=true&node=pt43.1.18&rgn=div5 https://www.ecfr.gov/current/title-43/subtitle-A/part-18 https://www.grants.gov/web/grants/forms/post-award-reporting-forms.html

(b) Financial capability

(c) Evaluation of risk

(d) Name and phone number of the Designated Responsible Employee for complying with national policies prohibiting discrimination (See 43 C.F.R. § 17)

4. 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 replaces 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).

• 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. 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. 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.

5. Submission Dates and Times

Applicants are held responsible for their proposals being submitted to the National Park Service.

Applications must be received by Friday, July 12th, 2024, 11:59 PM, EST. Applicants are encouraged to submit the application well before the deadline. Note: Per 2 CFR 1402.204 (f)

Bureaus and offices must consider the timeliness of the application submission. Applications that are submitted beyond the announced deadline date must be removed from the review process.

Application preparation time may take several weeks, so please start the application process as soon as possible. If it is determined that a proposal was not considered due to lateness, the applicant will be notified during the selection process.

https://sam.gov/content/home…