rfa rd12 snplma.doc

UNITED STATES

DEPARTMENT OF THE INTERIOR

BUREAU OF LAND MANAGEMENT

Round 12 Southern Nevada Public Land Management Act Parks, Trails and Natural Areas - Approved Project Implementation

Authority Southern Nevada Public Land Management Act of 1998 P.L. 105- 263, as amended

L12AS00023

CFDA No. 15.235 CFDA Title: Southern Nevada Public Land Management Act ISSUE DATE: February 8, 2012

CLOSING DATE & TIME

October 12, 2012

4:30 PDT

Contact Information:

Susan Kaller, Grants Management Officer (GMO)

Phone: 775-861-6559 Fax: 775-861-6624

SECTION I. Funding Opportunity Description A. Project Background Information:

The Southern Nevada Public Land Management Act (SNPLMA) became law in October 1998. It allows the Bureau of Land Management to sell public land within a specific boundary around Las Vegas, Nevada. The revenue derived from land sales is split between the State of Nevada General Education Fund (5%), the Southern Nevada Water Authority (10%), and a special account available to the Secretary of the Interior for:

· Parks, Trails, and Natural Areas

· Capital Improvements

· Conservation Initiatives

· Multi-Species Habitat Conservation Plans (MSHCP)

· Environmentally Sensitive Land Acquisitions

· Lake Tahoe Restoration Act Projects

Other provisions in the SNPLMA direct certain land sale and acquisition procedures, the BLM to convey title of land in the McCarran Airport noise zone to Clark County, and provide for the sale of land for affordable housing.

B. Project Objective:

To implement approved SNPLMA Round 12 projects in the Parks, Trails and Natural Areas category which entail the development of parks, trails, and natural areas in Clark and Lincoln Counties in Nevada. The Secretary of Interior approved the estimated expenditures from the Southern Nevada Public Land Management Act Special Account on August 9, 2011.

C. Projects and Project Management Plan:

The following projects are approved:

Project HN40, Priority 12-1 City of Henderson

I-215 Regional Trail Connectivity

Background Information The I-215 Regional Trail Connectivity project utilizes a relatively small amount of funding to supplement previous public investments to open several continuous miles of trail to public use. In most cases within the 3.75-mile project area, pavement and other improvements already exist but are not available to use due to small gaps in the continuity of pavement and the lack of additional safety features. For at least 1.7 miles, pavement has already been installed as a maintenance access road for the adjacent drainage channel, but safety fencing was not placed between the access road and the open channel to provide the required safety element to open it for public use. This project provides the key improvements necessary to open the full trail to the public and maximize the benefit of public investments that have already been made. The project includes the necessary safety elements to allow access to the existing portions of paving that are currently unavailable and install the necessary connections to provide a continuous route for pedestrians and cyclists for over 8.5 miles along Interstate 215.

The improvements will be focused along the southern side of the I-215 right-of-way between Green Valley Parkway and Acacia Park in Henderson. In total, the approximately 3.75 miles of trail included in this project would result in connectivity for several more miles into Clark County as well as connections to existing and future parks, the future Union Pacific Railroad Trail, and additional trail systems to the east.

The I-215 Trail is a critical component of the continuous east-west trail system traversing the southern portion of the Las Vegas Valley. It has become an inter-jurisdictional collaborative effort that connects trail systems in the City of Henderson, unincorporated Clark County, and the City of Las Vegas with miles of trails in the Red Rock National Conservation Area and Lake Mead National Recreation Area.

Statement of Joint Objectives/Project Management Plan/Statement of Work This project aims to minimally supplement the investment that has already been made in a maintenance access road that can be converted to serve the dual purpose of a paved trail corridor with the addition of some minor safety enhancements and pavement connections.

The proposed project includes the following deliverables:

· Approximately 9,060 feet of chain link fencing

· Approximately 1,519 feet of asphalt trail

· Striping, signalization, and other pedestrian improvements at two roadway crossings

(Arroyo Grande and Valle Verde)

· Wayfinding and safety signage Length of Project: Three year project.

Amount of Award of Project: $428,993.00 + 42,899.00 (contingency) = $471,892.00 Project NL22, Priority 12-2 City of North Las Vegas

Kiel Ranch Historic Park Phase II Project

Background Information Kiel Ranch is a seven acre site located approximately 1.5 miles west of downtown North Las Vegas. Kiel Ranch is a historical treasure of Nevada (listed on the National Register of Historic Places) as it is home to one of the state’s oldest adobe structures. It is also home to unique cultural and biological resources, such as a natural artesian spring. In September 2009, the North Las Vegas City Council approved the Kiel Ranch Historic Preferred Design Concept and an associated strategic phasing plan that was created through comprehensive research, investigation, and extensive public participation with the City of North Las Vegas Parks and Recreation Advisory Board, local residents and project stakeholders (8 public meetings total). The final preferred design concept (labeled Option-1f) is the eighth design option explored and has the lowest associated development costs. It reflects a primarily passive park site that is grouped into three distinct areas: 1) the historic park containing the adobe at the southern end of the site; 2) the spring wetland habitat in the center of the site; and the park overlook at the north end of the site. The preparation of this plan was funded through a Southern Nevada Public Land Management Act (SNPLMA) Pre-proposal Planning grant.

Statement of Joint Objectives/Project Management Plan/Statement of Work

This project focuses on the restoration of the spring habitat, which will generally include weed removal, grading and contouring, wetland habitat planting, and construction of bioswales and water quality basins. The intent is to replace the current monoculture of cattails around the spring with a small sustainable wetland habitat. Detailed plant species selection and design will be based on the spring’s water production, which will be determined during a year-long hydrostatic monitoring of the pond that will be initiated during the design of Phase I. The mature mesquites, acacia, and cottonwood will be protected, in addition to some dead trees that are often used for roosting and habitat. Noxious weeds will be removed. Run-off from the parking area that is currently directed to the spring area will be filtered through planted bioswales and settlement basins.

Length of Project: Two and a half year project.

Amount of Award of Project: $347,000.00 + 34,700.00 (contingency) = $381,700.00

Project LC13, Priority 12-3 Lincoln County

Caliente Pool Park Complex Phase II Background Information The Caliente Pool Park Complex building was built in the early 1960’s and is in need of several upgrades to meet code and function effectively. During implementation of the Southern Nevada Public Land Management Act Round 11 Phase I project the City of Caliente realized that the pool building had several critical deficiencies. The City developed the Phase II project in response to these needs. The pool building provides the only restrooms in the park, and is the only building facility on park grounds. The Caliente Pool Park Complex serves not only as the City pool, but also provide opportunities for little league baseball, Boy Scout camps, community events, and general public park activities.

Statement of Joint Objectives/Project Management Plan/Statement of Work

The Caliente Pool Park Complex Building needs the following improvements in order to meet the present public demands and address health and safety concerns.

· Provide park side access to the restrooms.

· Provide additional toilets in the men and women locker rooms.

· Repair ceiling and roof.

· Provide privacy showers in the men and women locker rooms.

· Raise floor a couple of inches.

· Repair rotted walls.

· Provide ADA access and other compliance measures.

· Provide concession stand.

· Provide chemical storage room.

Length of Project: One and a half year project.

Amount of Award of Project: $423,300.00 + 42,330.00 (contingency) = $465,630.00 Project Management Plans

A. The recipient agrees to:

1. Accomplish the stated objectives of the Project as approved by the Secretary of the Interior or as otherwise modified.

2. Adhere to the policies and procedures identified in the effective SNPLMA Implementation Agreement for executing this project per the authority of the Southern Nevada Public Land Management Act of 1998 (SNPLMA, P.L. 105-263).

3. Furnish qualified personnel for the coordination, oversight, and performance of objectives for this Project. Provide supervision for the Project, to include responsibility for all technical aspects, development, implementation, scheduling, safety, coordination, and other Project needs.

4. Own and maintain in perpetuity any land, buildings, trails, facilities, or other features improved or constructed, unless a shorter period is specifically stated in a separate project nomination authorized through the approval by the Secretary of the Interior.

5. Ensure any necessary permits or environmental clearances are obtained if required for this project.

B. The BLM agrees to:

6. Provide coordination and assistance during all phases of Project development, including, but not limited to providing guidance regarding SNPLMA policies and procedures.

7. Conduct Project inspections and meet with Project staff to confirm project progress and assist in achieving objectives for this Project.

8. Facilitating and coordinating the processing of funding, to include amendments to this Agreement.

4. Adhere to the policies and procedures identified in the effective SNPLMA Implementation Agreement for executing this project per the authority of the Southern Nevada Public Land Management Act of 1998 (SNPLMA, P.L. 105-263).

C. The following documents are incorporated by reference: The recipient original proposal for the nomination of this project, and the SF 424, Application for Federal Assistance, SF 424C, Budget Information – Construction Programs, SF 424D, Assurances –Construction Programs, Lobbying Certification.

D. Period of Project: Varies by project – see project descriptions above.

SECTION II. AWARD INFORMATION

A. Expected Number of Awards: 3 B. Estimated Total Program Funding: $1,319,222.00 C. Award Ceiling: $471,892.00

D. Assistance Instrument: Cooperative Agreement

SECTION III. ELIGIBILITY INFORMATION

A. Eligible Applicants: The Southern Nevada Public Land Management Act of 1998, Section 4 (e)(3)(A)(iv) allows for revenue from the special account to be expended for:

“. . . development of parks, trails, and natural areas in Clark, Lincoln and White Pine Counties, and Washoe County1, and Carson City2 Nevada, pursuant to a cooperative agreement with a unit of local government.”

Parks, Trails, and Natural Areas (PTNA) projects may only be nominated by those local and regional governmental entities named in the act (or amendments), which include: Clark County, Lincoln County, White Pine County, Washoe County, and Carson City; City of Las Vegas, City of North Las Vegas, and City of Henderson; Southern Nevada Water Authority, Clark County Regional Flood Control District, and Clark County Water Reclamation District.

1 Washoe County eligibility to request PTNA funding to acquire land for and develop one regional park and natural area has been extended from 2011 through 2015.

2 Carson City is eligible to nominate PTNA development projects within the Carson City boundary. The City is also eligible to nominate lands or interests in land that is both within the City boundary and within the Carson River 100-year flood plain for acquisition to develop a PTNA project.

B. Cost Sharing or Matching: Not Required but encouraged. If cost sharing is from a third party include a copy of the letter committing funds or interest in the project.

SECTION IV. APPLICATION AND SUBMISSION INFORMATION

A. Address to Request Application Package:

This announcement contains all information and electronic addresses necessary to submit an application through Grants.gov.

B. Content and Form of Application:

The application package shall consist of all the required Standard Forms shown below AND a Certification for Federal Assistance “if applicable” (Attachment A).

Required Standard Forms:

C. Submission Dates and Times:

The electronic submission into Grants.gov is due by October 12, 2012 @ 4:30 p.m. Pacific Daylight Time. A proposal received after the closing date and time will not be considered for award. If it is determined that a proposal will not be considered due to lateness, the applicant will be so notified immediately.

All proposals will be required to be submitted electronically through grants.gov. All of the required attached forms can be prepared online. Any form that is not available online may be submitted as attachments at the end of the proposal. If you have not registered in grants.gov, go to visit the website www.grants.gov and get started in the registration process. Application preparation time may take several weeks to get certified. Once at the website, choose “Get Started” and work through the first 5 steps. If you have any questions or problems with the registration process, please contact the grants.gov help desk at 1-800-518-4726. In addition, Grants.gov has an “Applicant Users Guide” available at: http://www.grants.gov/help/user_guides.jsp that will answer most if not all your questions.

D. Submission Instructions and Information:

Applications/proposals may be submitted by the following methods only:

1. On-Line Submittal - The Bureau of Land Management (BLM) is participating in the Grants.gov Initiative that provides the grant community with a single site to find and apply for grant funding opportunities. BLM requires applicants to submit their applications/proposals electronically through: http://www.grants.gov/Apply.

YOU MUST REGISTER WITH GRANTS.GOV PRIOR TO SUBMITTING AN APPLICATION THROUGH THE GRANTS.GOV WEBSITE. THE REGISTRATION PROCESS MAY TAKE FROM 7 TO 21 DAYS.

2. Electronic Signature - Applications submitted through Grants.gov constitute submission as electronically signed applications. The registration and e-authentication process establishes the Authorized Organization Representative (AOR). When you submit the application through Grants.gov, the name of your authorized organization representative on file will be inserted into the signature line of the application. Applicants must register the individual who is able to make legally binding commitments for the applicant organization as the Authorized Organization Representative.

3. Late Submissions, Modifications, and Withdrawals of Application and/or Proposal - Any application/proposal received after the exact time specified for receipt will not be considered in the original selection process unless the application is received before award is made and it is determined by BLM that the late receipt was due to mishandling by the Government. Any modification of an application or quotation is subject to the same conditions stated above.

4. Electronic Application Submission and Receipt Procedures - This provision provides information on the application submission and receipt instructions for applications submitted through Grants.gov apply. Please read the following instructions carefully and completely.

5. Timely Receipt Requirements and Proof of Timely Submission:

a. Electronic Submission. An electronic time stamp is generated within the system when the application is successfully received by Grants.gov. The applicant will receive an acknowledgement of receipt and a tracking number from Grants.gov with the successful transmission of their application. Applicants should print this receipt and save it.

b. The BLM suggests that applicants submit their applications during the operating hours of the Grants.gov Support Desk, so that if there are questions concerning transmission, operators will be available to walk you through the process. Submitting your application during the Support Desk hours will also ensure that you have sufficient time for the application to complete its transmission prior to the application deadline. Applicants using dial-up connections should be aware that transmission will take some time before Grants.gov receives it.

c. Grants.gov will provide either an error or a successfully received transmission message. The Grants.gov Support desk reports that some applicants abort the transmission because they think that nothing is occurring during the transmission process. Please be patient and give the system time to process the application. Uploading and transmitting many files, particularly electronic forms with associated XML schemas, will take some time to be processed.

6. Customer Support - The Grants.gov website provides customer support via (800) 518-GRANTS (this is a toll-free number) or through email at support@grants.gov. The customer support center is open from 7:00 a.m. to 9:00 p.m. Eastern time, Monday through Friday, except Federal holidays, to address Grants.gov technology issues. For technical assistance on program related questions, contact the number listed in Section XVI, Agency Contacts.

E. Intergovernmental Review:

This funding opportunity is not subject to Executive Order (EO) 12372, “Intergovernmental Review of Federal Programs”. Applicants subject to EO 12372 must contact their State’s Single Point of Contact (SPOC) to find out about and comply with the State’s process. The names and addresses of the SPOC’s are listed in the OMB’s home page at:

http://www.whitehouse.gov/omb/grants/spoc.html

F. Funding Restrictions:

A cooperative agreement issued by the BLM Nevada State Office, signed by the BLM GMO, obligates BLM funds. Notification of a successful proposal does not constitute authority to incur costs. Costs incurred prior to receipt of a signed cooperative agreement may not be reimbursed. Once the cooperative agreement for a successful proposal has been signed by the BLM GMO, the recipient may incur costs as specified in their proposed and approved budget submittal.

SECTION V. APPLICATION REVIEW INFORMATION CRITERIA

All recipients will submit the SF-424, SF-424C and SF-424D via grants.gov and are required to complete a Project Work Plan (PWP) for each project, which shall be submitted to the SNPLMA Division for approval prior to receiving authorization for the expenditure of funds. The PWP shall include: Descriptions of the project deliverables, Tasks and subtasks, Project target start and end dates, Schedule of periodic expenditures reflecting logical phases of the project.

SECTION VI. Award Administration Information

A. Award Notices:

If the applicant’s proposal is selected for award, work cannot begin before the awardee receives a fully executed copy of the agreement approved by the GMO.

B. Administrative and National Policy Requirements:

1. Office of Management and Budget (OMB) Circulars

By accepting Federal assistance, your organization agrees to abide by the applicable OMB Circulars in the expenditure of Federal funds and performance under this program. http://www.whitehouse.gov/omb/circulars/

2 CFR Part 220 (OMB Circular A-21) - Cost Principles for Educational Institutions

2 CFR Part 225 (OMB Circular A-87) - Cost Principles for State, Local and Indian Tribal Governments

2 CFR Part 230 (OMB Circular A-122) - Cost Principles for Non-Profit Organizations

2 CFR Part 215 (OMB Circular A-110) - Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations

2 CFR Part 170 - Reporting Subaward and Executive Compensation Information.

2 CFR Subtitle A, Chapter 1, and Part 25 - Financial Assistance Use of Universal Identifier and Central Contractor Registration.

2 CFR Part 182 – Government wide Requirement for a Drug-Free Workplace

OMB Circular A-133 - Audits of States, Local Governments, and Non-Profit Organizations.

2. Standard Award Terms and Conditions

This agreement incorporates the Standard Award Terms and Conditions found at the following Department of the Interior website as if they were given here: http://www.doi.gov/pam/TermsandConditions.html Prohibition on Text Messaging and Using Electronic Equipment Supplied by the Government while Driving. This executive order introduces a Federal Government-wide prohibition on the use of text messaging while driving on official business or while using Government-supplied equipment, driving company-owned or rented vehicles or GOV, or while driving POV when on official Government business or when performing any work for or on behalf of the Government.

Acceptance of a Federal Financial Assistance award from the Department of the Interior (DOI) carries with it the responsibility to be aware of and comply with the terms and conditions of award. Acceptance is defined as the start of work, drawing down funds, or accepting the award via electronic means. Awards are based on the application submitted to, and as approved by DOI and are subject to the terms and conditions incorporated either directly or by reference in the following:

a. Program legislation/regulations.

b. Special terms and conditions.

c. Code of Federal Regulations/Regulatory Requirements, as applicable (Contact your program officer with any questions regarding the applicability of the following):

2 CFR Part 175 Trafficking Victims Protection Act of 2000

43 CFR 12(A) Administrative and Audit Requirements and Cost Principles for Assistance Programs

43 CFR 12(E)

Buy American Requirements for Assistance Programs 43 CFR 12(C) Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local

43 CFR 12(F)

Uniform Administrative Requirements for Grants and Cooperative Agreements with Institutions of Higher Education, Hospitals, other Non-Profit and Commercial Organizations

43 CFR 42 Government wide Debarment and Suspension (Nonprocurement) 43 CFR 18 New Restrictions on Lobbying

3. Compliance With Buy American Act:

a. Notice: Pursuant to sec. 307 of the Omnibus Consolidated Appropriations Act of 1997, Public Law 104-208, 110 Stat. 3009, please be advised of the following:

In the case of any equipment or product that may be authorized to be purchased with financial assistance provided using funds made available in this act, it is the sense of the Congress that entities receiving the assistance should, in expending the assistance, purchase only American-made equipment and products.

b. Recipient agrees to follow the requirements in 43 CFR Part 12, Subpart E, Buy American Requirements for Assistance Programs.

4. Opposition to Any Legislation - In accordance with the Department of the Interior, Environment, and Related Agencies Act, 2006, Title IV, Section 402, No part of any appropriation contained in this Act shall be available for any activity or the publication or distribution of literature that in any way tends to promote public support or opposition to any legislative proposal on which Congressional action is not complete other than to communicate to Members of Congress as described in 18 U.S.C. 1913.

5. Endorsements - Recipient shall not publicize or otherwise circulate, promotional material (such as advertisements, sales brochures, press releases, speeches, still and motion pictures, articles, manuscripts or other publications) which states or implies governmental, Departmental, bureau, or government employee endorsement of a product, service, or position which the recipient represents. No release of information relating to this award may state or imply that the Government approves of the recipient’s work products, or considers the recipient’s work product to be superior to other products or services.

All information submitted for publication or other public releases of information regarding this project shall carry the following disclaimer:

The views and conclusions contained in this document are those of the authors and should not be interpreted as representing the opinions or policies of the U.S. Government. Mention of trade names or commercial products does not constitute their endorsement by the U.S. Government.

Recipient must obtain prior Government approval for any public information releases concerning this award which refer to the Department of the Interior or any bureau or employee (by name or title). The specific text, layout photographs, etc. of the proposed release must be submitted with the request for approval.

A recipient further agrees to include this provision in a subaward to and subrecipient, except for a subaward to a State government, a local government, or to a federally recognized Indian tribal government.

6. Retention and Access Requirements for Records - All recipient financial and programmatic records, supporting documents, statistical records, and other grants-related records shall be maintained and available for access in accordance with 43 CFR Subpart C, Section 12.82 for State, local and Indian tribal governments or Subpart F, Section 12.953 for institutions of higher education, hospitals, other non-profit and all other organizations.

7. Increasing Seat Belt Use - Recipients of grants/cooperative agreements and/or sub-awards are encouraged to adopt and enforce on-the-job seat belt use policies and programs for their employees when operating company-owned, rented, or personally owned vehicles. These measures include, but are not limited to, conducting education, awareness, and other appropriate programs for their employees about the importance of wearing seat belts and the consequences of not wearing them.

8. Special Terms and Conditions.

a. Order of Precedence - Any inconsistency in the agreement shall be resolved by giving precedence in the following order: (a) Any national policy requirements and administrative management standards; (b) 43 CFR Part 12; (c) requirements of the applicable OMB Circulars and Treasury regulations; (d) SNPLMA special terms and conditions; and (e) all agreement sections, documents, exhibits, and attachments; (f) and the recipient’s project proposal.

b. Modifications - The agreement may be modified by written agreement signed by both the recipient’s Authorized Representative and the GMO. Administrative changes (i.e. GMO name change, etc.) which do not change the project management plan, amount of funds, period of performance or otherwise affect the recipient may be signed unilaterally by the GMO. Additionally, a unilateral modification may be utilized if it should become necessary to suspend or terminate the agreement in accordance with 43 CFR, Subpart C, Section 12.83 for State, local and Indian tribal governments or Subpart F, Section 12.961 for institutions of higher education, hospitals, other non-profit and all other organizations.

All other changes will be made by means of a bilateral modification to the agreement. No oral statement made by any person, or written statement by any person other than the GMO, will be allowed in any manner or degree to modify or otherwise affect the terms of the agreement.

All requests for modification of the agreement shall be made in writing, provide a full description of the reason for the request, and be sent to the attention of the GMO. Any request for project extension shall be made at least 120 days prior to the expiration date of the agreement or the expiration date of any extension period that may have been previously granted. Any determination to extend the period of performance or to provide follow-on funding for continuation of a project is solely at the discretion of the BLM.

c. Budget and Program Plan Revision - The budget plan is the financial expression of the project or program as approved during the award process. Recipients are required to report deviations from budget and program plans and request prior approval for budget and program plan revisions. Recipients are not required to request prior approval for deviations among approved direct cost categories when the cumulative amount of the transfer is less than 10 percent of that cost category. However, the recipient must report any deviation to the GMO and Program Officer (PO).

d. Audit Requirements - Non-Federal entities that expend $500,000 or more during a year in Federal awards shall have a single or program-specific audit conducted for that year in accordance with the Single Audit Act Amendments of 1996 (31 U.S.C. 7501-7507) and revised OMB Circular A-133, which is available at http://www.whitehouse.gov/omb/grants/grants_circulars.html.

Federal awards are defined as Federal financial assistance and Federal cost-reimbursement contracts that non-Federal entities receive directly from Federal awarding agencies or indirectly from pass-through entities. They do not include procurement contracts, under grants or contracts, used to buy goods or services from vendors. Non-Federal entities that expend less than $500,000 for a fiscal year in Federal awards are exempt from Federal audit requirements for that year, except as noted in A-133, §_215(a), but records must be available for review or audit by appropriate officials of the Federal agency, pass-through entity, and General Accounting Office (GAO).

Audits shall be made by an independent auditor in accordance with generally accepted government auditing standards covering financial audits. Additional audit requirements applicable to this agreement are found at 43 CFR 12.66 or 43 CFR 12.926, as applicable. General guidance on the single audit process is included in a pamphlet titled, Highlights of the Single Audit Process" which is available on the internet at http://www.dot.gov/ost/m60/grant/sincontact.html. Additional information on single audits is available from the Federal Audit Clearinghouse at http://harvester.census.gov/sac/ .

e. Metric Conversion - All performance and final reports, other reports, or publications, produced under this agreement, shall employ the metric system of measurements to the maximum extent practicable. Both metric and inch-pound units (dual units) may be used if necessary during and transition period(s). However, the recipient may use non-metric measurements to the extent the recipient has supporting documentation that the use of metric measurements is impracticable or is likely to cause significant inefficiencies or loss of markets to the recipient, such as when foreign competitors are producing competing products in non-metric units.

f. Officials Not to Benefit - No member of or delegate to Congress, or resident commissioner, shall be admitted to any share of this agreement, or to any benefit arising from it. However, this clause does not apply to this agreement to the extent that this agreement is made with a corporation’s general benefit.

g. Deposit of Publications - In addition to any requirements listed in the Project Management Plan, two (2) copies of each applicable publication produced under this agreement shall be sent to the Natural Resources Library with a transmittal that identifies the sender and the publication, and states that the publication is intended for deposit in the Natural Resources Library. Publications shall be sent to the following address:

U.S. Department of the Interior

Natural Resources Library

Interior Service Center

Gifts and Exchanges Section

1849 C Street, N.W.

Washington, D.C. 20240

h. Reimbursable Costs and Limitations:

The recipient shall not incur costs or obligate funds for any purpose pertaining to operation of the program or activities beyond the expiration date stated in the agreement. The only costs which are authorized for a period of up to 90 days following the award expiration date are those strictly associated with closeout activities for preparation of the final report.

The BLM's financial participation is limited. The BLM will only fund up to its share of those amounts requested in the project proposal and as are subsequently approved and funded in the agreement. The recipient shall not be obligated to continue performance under the agreement or to incur costs in excess of the costs set forth in the proposal and subsequent agreement. However, if the recipient chooses to expend funds in excess of the approved project budget, the recipient will be responsible to fund the excess without funding participation by the Bureau.

i. Inspection - The BLM has the right to inspect and evaluate the work performed or being performed under this agreement, and the premises where the work is being performed, at all reasonable times and in a manner that will not unduly delay the work. If BLM performs inspection or evaluation on the premises of the recipient or a subrecipient, the recipient shall furnish and shall require sub-recipients to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.

j. Copyrights:

1. For recipients subject to the administrative standards set forth in OMB Circular A-110, the following copyright provision, as implemented by 43 CFR 12.936(a), shall apply:

“The recipient may copyright any work that is subject to copyright and was developed, or for which ownership was purchased, under an award. The Federal awarding agency(ies) reserves a royalty-free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work for Federal purposes, and to authorize others to do so.”

2. For recipients subject to the administrative standards set forth in OMB Circular A-102 and the Grants Management Common Rule, the following copyright provision, as implemented by 43 CFR 12.74, shall apply:

“The Federal awarding agency reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes:

(a) The copyright in any work developed under a grant, subgrant, or contract under a grant or subgrant; and

(b) Any rights of copyright to which a grantee, subgrantee or a contractor purchases ownership with grant support.”

k. Rights to Data - For recipients subject to the administrative standards set forth in OMB Circular A-110, the following provision, as implemented by 43 CFR 12.936(c), shall apply:

"The Federal Government has the right to:

(1) Obtain, reproduce, publish or otherwise use the data first produced under an award; and

(2) Authorize others to receive, reproduce, publish, or otherwise use such data for Federal purposes.”

l. Procurement Procedures - It is a national policy to place a fair share of purchases with minority business firms. The Department of the Interior is strongly committed to the objectives of this policy and encourages all recipients of its grants and cooperative agreements to take affirmative steps to ensure such fairness. Positive efforts shall be made by recipients to utilize small businesses, minority-owned firms, and women's business enterprises, whenever possible. Recipients of Federal awards shall take all of the following steps to further this goal:

1. Ensure that small businesses, minority-owned firms, and women's business enterprises are used to the fullest extent practicable.

2. Make information on forthcoming opportunities available and arrange time frames for purchases and contracts to encourage and facilitate participation by small businesses, minority-owned firms, and women's business enterprises.

3. Consider in the contract process whether firms competing for larger contracts intend to subcontract with small businesses, minority-owned firms, and women's business enterprises.

4. Encourage contracting with consortiums of small businesses, minority-owned firms and women's business enterprises when a contract is too large for one of these firms to handle individually.

5. Use the services and assistance, as appropriate, of such organizations as the Small Business Development Agency in the solicitation and utilization of small business, minority-owned firms and women's business enterprises.

9. Central Contractor Registration (CCR) - Prior to award the Recipient shall register and maintain their own information with Dun & Bradstreet and the Central Contractor Registration System.

Obtain a valid Dun & Bradstreet Number (D&B) from Dun & Bradstreet @ http://www.dnb.com/or by calling them at 800-333-0505.

Register on the Central Contractor Registration System (CCR) @ http://www.ccr.gov

SECTION VII. PAYMENTS:

Financial Management Service’s (FMS), Automated Standard Application for Payment (ASAP) System.

The recipient will register in ASAP as payments will be made through the ASAP system. ASAP is a recipient-initiated, on-line payment and information system for Financial Assistance Agreements. The recipient will request federal funds that are due directly from the Federal Reserve Bank on a reimbursable basis.

The ASAP Requestor ID, furnished by the Department of Treasury, will be used to access the account to request reimbursement payments. The BLM GMO will create an ASAP Account ID unique to this agreement. The first ten characters will be the agreement number. The remaining characters will identify the BLM funding line items and are assigned by the Department of Treasury. Drawdown of funds will be taken from specific lines on this agreement.

The amount of funds drawdown in the ASAP system will be made only in amount necessary to meet current quarterly disbursement needs. Once all required documentation is submitted to the BLM SNPLMA Program Officer, the amount budgeted in the quarterly update will be made available in ASAP by the National Business Center and Treasury.

a. Funding will be available for drawdown beginning the first business day of each quarter (or as close to January 1, April 1, and July 1, as possible), with the exception of the first quarter of the fiscal year. Because the BLM’s financial systems are unavailable at the start of the fiscal year while BLM completes “closeout” of the prior fiscal year, transfers to local and regional governments for the first quarter will be made after October 1, and no later than October 31. Entities may only drawdown funding that is required to meet the project’s immediate need for the budgeted quarter. Instructions on the processing of drawdowns can be found at http://www.fms.treas.gov/asap/index.html.

b. Amounts for drawdown will be made available at an increment no more frequent than quarterly. Drawdowns may occur as frequently as needed within the subject quarter; however, not to exceed the budgeted amount. Funds available for drawdown should be expended by the end of the quarter in which the amount was budgeted. When not expended, the following quarterly report should detail the circumstances that have caused those funds to remain unexpended. At the end of the quarter, entities will reconcile any over-expenditure or under-expenditure with the next quarterly update.

c. Prior to requesting an ASAP payment the requestor shall provide BLM with a list of the projects to receive payment and the amount per project to be drawn down at least three days before requesting an ASAP draw down. As payments are requested through the ASAP system, requestors shall set the payment date to be two business days from the submission/request date, (e.g. submission/request date is Friday, June 12, 2009, payment date shall be set for Tuesday June 16, 2009).

Following submission, a .pdf of the ASAP Payment Transaction Confirmation summary shall be emailed to John Vest John_Vest@blm.gov and Gary Thompson gary_thompso@blm.gov at the BLM Business Services Division at the National Operations Center, and the Program Officer, SNPLMA Division, Jeff Wilbanks, Jeff_Wilbanks@blm.gov., and the Assistant District Manager, SNPLMA Division. Failure to provide sufficient notice of the pending transaction may result on the entity being placed on ASAP Agency Review.

Once funding is available for drawdown, the amounts shall only be allocated to those projects for which the drawdown was budgeted.

SECTION VIII. REPORTING REQUIREMENTS

Please note: The GMO will review all OMB required reports, which include those required in section A. and B. below. The SNPLMA Division will review all SNPLMA Division reports, which include those required in section C. below.

A. Financial Status Reports:

1. Reports of expenditures are required as documentation of the financial status of awards according to the official accounting records of the recipient’s organization. The recipient shall submit quarterly a completed original and one copy of the SF 425, to report the status of funds for this agreement. In addition include separately, detailed information of costs, by budget categories that reflects the approved SF-424A, Budget Information or SF-424C, Budget Information (whichever one applies). The reporting periods are: January 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31 and will continue through the life of the agreement. The quarterly report(s) shall be sent to the GMO and are due 30 calendar days after the end of the quarterly reporting period. The recipient will report program outlays and program income on a cash basis.

2. An original and one copy of the final FFR is due to the GMO no later than 90 calendar days after the expiration or termination of this agreement.

3. Recipients who are placed on agency review will submit an original and one completed copy of the SF 270, Request for Advance or Reimbursement, to report the status of funds for each payment requested before reimbursement payments are made. In addition include separately, detailed information of costs, by budget categories that reflects the approved SF 424C, Budget Information. This does not relieve the recipient of the quarterly FFR requirement.

4. The GMO may review the report for patterns of cash expenditures, including accelerated or delayed drawdowns, and to assess whether performance or financial management problems exist. Before submitting FFRs to the GMO, grantees must ensure that the information submitted is accurate, complete, and consistent with the grantee’s accounting system. The recipient’s Authorized Certifying Official’s signature on the FFR certifies that the information in the FFR is correct and complete and that all outlays and obligations are for the purposes set forth in agreement documents, and represents a claim to the Federal government. Filing a false claim may result in the imposition of civil or criminal penalties.

B. Performance/Progress Reports:

1. Recipient shall submit an original and one copy of the yearly brief summary performance report(s) to the GMO within 90 days after the end of the reporting period. The performance report must be prepared in accordance with 43 CFR, Subpart C, Section 12.80 for State, local and Indian tribal governments or Subpart F, Section 12.951 for institutions of higher education, hospitals, other non-profit and all other organizations. The performance report shall include a narrative summary both of completed activities and activities in progress, a calculation of percent of completed work based on work identified in the Recipient’s submitted proposal, Project Management Plan, the reason for slippage if objectives or milestones are not met, a prediction of future activities and how they will be accomplished, and a discussion of issues and problems which may impact the ability to complete the work on time. Recommendations to overcome problems shall also be provided. An original and one copy of the final program progress report shall be submitted no later than 90 days following the expiration or termination of the agreement.

C. SNPLMA Project Report Requirements:

1. Project Work Plan: Required to be updated annually, at the end of the fiscal year, all recipients are required to complete a Project Work Plan (PWP) for each project, which shall be submitted to the SNPLMA Division for approval prior to receiving authorization for the expenditure of funds. The PWP shall include: Descriptions of the project deliverables, Tasks and subtasks, Project target start and end dates, Schedule of periodic expenditures reflecting logical phases of the project

2. Quarterly - Status Report Cover Letter: The cover letter must be signed by an Authorized Representative certifying the amount of projected funding, in total and per project, being requested for draw down in the following quarter and project compliance with the policies procedures and guidelines in the current SNPLMA Implementation Agreement, project nomination package, and project cooperative agreement.

3. Quarterly - Status Report: In order to achieve authorization for a quarterly ASAP drawdown, a quarterly status update report must be submitted to the SNPLMA Division, due on the 15th of the month, prior to the beginning of the next quarter. This report will include: Progress on the deliverables detailed in the Project Work Plan, A description of the deliverable and the progress made in the quarter, Percentage of deliverable complete, Targeted start and end dates vs. actual start and end dates

4. Quarterly - Projected ASAP Funding Request: Submit a request for the projected amount of funding needed for each project cost reimbursement for the upcoming quarter.

5. Quarterly - Project Detailed Cost Worksheet: Submit this worksheet for the previous quarter. This worksheet tracks costs incurred on the project over its lifecycle, categorized by expenditure activity (e.g. Planning, Environmental Compliance, & Preconstruction Engineering & Design; FWS Consultation-Endangered Species Act; Construction Contract Costs; Direct Labor; Official Vehicle; Other Direct and Contracted Labor Use; and Other Necessary Expenses).

Conceptual vs. Final Design: Entities will notify the SNPLMA Division prior to finalization of conceptual design documents and prior to sending construction plans to bid for an implementation contract. During this consultation meeting, the SNPLMA Division will verify the projects compliance with the context of the approved project. The SNPLMA Division may also periodically conduct site visits to verify that "on the ground" progress is consistent with that reported in Quarterly Status Reports.

Generated Materials: Any materials developed for public planning documents, public scoping meetings, or for public distribution (i.e., interpretive materials, videos) must include the following conspicuously placed disclosure, "Funding for the subject project was provided by the sale of public land by the Bureau of Land Management and approved under an inter-agency partnership authorized by the Southern Nevada Public Land Management Act."

Project Signage: Project sites must include conspicuously placed signage, which states, "Funding for the subject project was provided by the sale of public land by the Bureau of Land Management and approved under an inter-agency partnership authorized by the Southern Nevada Public Land Management Act."

D. Non-compliance:

Failure to comply with the reporting requirements contained in this agreement may be considered a material non-compliance with the terms and conditions of the award. Non‑compliance may result in being placed on agency review, withholding of future payments, suspension or termination of the agreement, recovery of funds paid under the agreement, and withholding of future awards.

SECTION IX. CLOSE OUT

· Prior to any final project closeout the SNPLMA Division will perform a final review the project files and financial records.

· The SNPLMA Division will finalize total expenses and complete their review prior to the final closeout process completed by the GMO.

· Once the SNPLMA Division completes their process, the project authorized representative will complete a signed closeout letter confirming that the project has been completed within the context of the project, as approved by the Secretary, and outlined in the SNPLMA Implementation Agreement (IA) and submit it to the SNPLMA Division and the GMO.

· This letter will detail final administrative funding needs and draw downs, include the final SF425, and outline any funds to be de-obligated by the Grant Management Officer (GMO).

· The recipient will comply with reporting requirements outlined below, due no later than 90 calendar days after the expiration or termination of this agreement.

· Any remaining funds not expended will be de-obligated by the GMO.

SECTION X. OTHER REQUIREMENTS

A. Entities will notify BLM and schedule a consultation meeting with the SNPLMA Program Officer prior to finalization of conceptual design documents and prior to sending construction plans to bid for an implementation contract. During this consultation meeting, BLM will verify the projects compliance with the context of the approved project. BLM may also periodically perform site visits to verify that “on the ground” progress is consistent with that reported in Quarterly Status Reports.

B. Costs that are determined to be unallowable after disbursement will be deducted from the next quarterly drawdown budget. The recipient will be notified of the discrepancy and may be placed on ASAP Agency Review. In addition, when a project is completed or terminated, any excess funds, which were drawn down by the recipient, shall be returned to the SNPLMA Special Account.

C. Any materials developed for public planning documents, public scoping meetings, or for public…