rfa sloantrails snplma2011.doc

UNITED STATES

DEPARTMENT OF THE INTERIOR

BUREAU OF LAND MANAGEMENT

Sloan Canyon National Conservation Area Trails Project Southern Nevada Public Land Management Act Authority 16 U.S.C. Sec. 1723 Chapter 37 (C) Subchapter II -- Public Lands Corp

L11AS000

CFDA No. 15.235 CFDA Title: Southern Nevada Public Land Management Act ISSUE DATE: February 18, 2011

CLOSING DATE & TIME

March 1, 2011

4:30 PST

Contact Information:

Susan Kaller, Grants and Agreements Specialist 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.

The purpose of the Sloan Canyon National Conservation Area (NCA) is to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the cultural, archaeological, natural, wilderness, scientific, geological, historical, biological, wildlife, educational, and scenic resources of the Conservation Area. The Bureau of Land Management (BLM) intends to fund creation and designation of a trail system within the Sloan Canyon NCA and the North McCullough Wilderness in accordance with Public Law 107-282, the Clark County Conservation of Public Land and Natural Resources Act of 2002, Title VI, ‘Sloan Canyon National Conservation Area Act and the Sloan Canyon National Conservation Area Trail Master Plan signed December 21, 2009. BLM seeks to achieve the outcomes listed under the Act above by collaborating with a partner with similar interests to implement the approved trails master plan.

B. Project Objective:

The BLM seeks a partner (recipient) for collaboration whose interest is to promote conservation and environmental education by primarily engaging young Americans in a trail creation, designation and signage project. In addition, the recipient will explore public outreach opportunities, education and involvement, and possibly coordinate support from National Trails Volunteers. Particular focus will be placed on the implementation of a trail system in the Sloan Canyon NCA and North McCullough Wilderness, where the recipient will provide opportunities for youth to experience the process of implementing resource management objectives. The collaboration will provide an opportunity for younger Americans to obtain “on the ground” experience in resource management provided through trail creation, designation, restoration and signage, and also rehabilitation of existing social trails. The recipient’s participation in this project would allow for their personnel to become familiar with federal land management processes and policies related to recreation, National Conservation Areas and wilderness resources. The project will be constructed primarily by hand, with limited mechanized equipment being used in accordance with the following references;

· Public Law 107-282, the Clark County Conservation of Public Land and Natural Resources Act of 2002, Title VI, ‘Sloan Canyon National Conservation Area Act,

· Sloan Canyon National Conservation Area Trail Master Plan signed December 21, 2009 and construction documents,

· USDA Forest Service “Trail Construction and Maintenance Notebook, 2007 Edition”

· BLM Manual 9114,

· The 1964 Wilderness Act,

· The 2006 North McCullough Wilderness Management Plan,

· Sloan Canyon NCA Resource Management Plan.

Creating a comprehensive trails network in accordance with the approved Sloan Trails Master Plan is a critical step toward providing reasonable and sustainable access to the NCA, meeting visitor expectations and managing use levels. The trails will mitigate future potential user conflicts, and protect sensitive resources.

The primary objectives of the Sloan Canyon Trails Master Plan are to:

· Establish sustainable, non-motorized access to areas of interest within the NCA.

· Provide recreational opportunities that meet the expectations of hiking, equestrian, and mountain biking groups and other non-motorized trail users.

· Plan and manage for future recreational use and demand levels.

· Ensure that trail related recreational disturbances are minimized.

· Provide interpretive opportunities consistent with the Sloan Canyon Act.

· Provide connectivity to regional trail systems and proposed developed areas, such as the Sloan Canyon Visitor Center and the City of Henderson.

Benefits: The activities to be undertaken, through this Agreement will allow the BLM and the recipient to work for a common purpose and the following benefits. The project would support several of BLM’s Performance Measures, including:

1.3.05: Intermediate Outcome Measure: Wilderness Areas: Percent of acres of designated wilderness achieving wilderness character objectives as specified by state. (BUR)

1.1.17: Intermediate Outcome Measure: Forge effective partnerships: Satisfaction scores on resource protection partnerships. (BUR)

3.1.03: Intermediate Outcome Measure: Recreation Opportunities: Number of acres made available for recreation through management actions and partnerships. (SP)

3.1.10: Intermediate Outcome Measure: Facilitated programs: Number of visitors served by facilitated programs. (BUR) C. Project Management Plan:

A. The recipient agrees to:

1. Accomplish the stated objectives of the Project by:

· Constructing trails in accordance with the Sloan Canyon National Conservation Area Trails Master Plan and construction documents referenced above. Trail will be constructed primarily by hand, with limited mechanized equipment being used;

· Work with the BLM to determine the priority of what trail segments will be constructed first.

· Coordinate with BLM on details or issues that may affect the quality of the recreational experience provided by the trails project.

· Recipient will pin flag the proposed alignment for approval by BLM prior to construction.

· Flag and salvage plants identified for salvage prior to clearing operations.

· Provide training to personnel on Desert Tortoise habitat, behavior, and ongoing conservation efforts.

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. To provide personnel, supervision, materials, equipment, travel and items necessary to camp out overnight if needed. Recipient will work collaboratively with the BLM regarding possible alternative design elements as they are encountered, production schedules and accomplishments, resource management data collection and analysis, trail restoration, sign installation, design, location and personnel training for the crews. Areas of development and mentoring may include, but are not limited to, an introduction to federal land management processes and policies related to outdoor recreation, National Conservation Areas and wilderness resources. Any research done by the recipient regarding the performance or quality of the project will be cooperatively shared with the BLM.

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

B. The BLM agrees to:

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

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

7. Facilitate and coordinate the processing of funding, to include amendments to this Agreement.

8. Assist the recipient with areas of development and mentoring which may include, but are not limited to, an introduction to federal land management processes and policies related to outdoor recreation, National Conservation Areas and wilderness resources.

5. 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 Recipient and the BLM agree:

That safety is of primary importance and that safety training will be provided and all safety protocols will be followed. A job risk analysis will be completed and a commiserate safety training schedule will be jointly developed and implemented.

D. The following documents are incorporated by reference: The recipient original proposal for the nomination of this project, and the continuation SF 424, Application for Federal Assistance, SF 424A, Budget Information , SF424B Non-construction Assurances– Lobbying Certification.

D. Period of Project: 2 years

SECTION II. AWARD INFORMATION

A. Expected Number of Awards: 1 B. Estimated Total Program Funding: $500,000.00 C. Award Ceiling: $500,000.00

D. Assistance Instrument: Cooperative Agreement

SECTION III. ELIGIBILITY INFORMATION

A. Eligible Applicants:

Any qualified youth or conservation corps to perform appropriate conservation projects.

B. Cost Sharing or Matching:

The Secretary is authorized to pay not more than 75 percent of the costs of any appropriate conservation project carried out pursuant to this subchapter on public lands by a qualified youth or conservation corps. The remaining 25 percent of the costs of such a project may be provided from nonfederal sources in the form of funds, services, facilities, materials, equipment, or any combination of the foregoing. 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), Proposal Submission Format (Attachment B) and Budget (Attachment C) narrative:

Required Standard Forms:

1. Indirect Charges. Most States, Universities and larger non profits have a negotiated indirect cost rate agreement with the Federal Government. This agreement provides the rates approved for use on cooperative agreements, grants, contracts and other agreements with the Federal Government. A copy of the current rate agreement must be submitted with any proposed project. Smaller organizations may not have an agreement with the Federal Government. In these cases the indirect cost rate must be accompanied by a determination from an independent auditing firm. This determination will include the indirect cost rate, the calculations of the indirect cost rate including the base and indirect costs pools and the associated dollar figures for both. Proposals that fail to document their indirect costs will have those costs disallowed.

2. Proposal Submission Format (Attachment B) can be used as an example when submitting your proposal. The proposal technical text must be no longer than 10 pages, no smaller than font size 11, and have 1-inch margins. The 10-page limit includes all text, figures, references, and vitae. (The Budget, Attachment B, is not included in the 10-page limit.) The text should include the following:

a. Purpose, Objectives, and Relevance – (Attachment B, Section II) - (a) Describe why the project is needed by the applicant; (b) Describe the applicant’s objectives; (c) Describe how the applicant’s objectives support their mission and how this project will provide a public benefit.

b. Technical Approach – (Attachment B, Section II) - Describe how the applicant proposes to conduct and achieve the project in accordance with the Statement of Joint Objectives in Section I.B. The project design must contain enough detail to show the development of the project and the relationship between the partners, tasks, milestones, and objectives. The work plan must be clear, suitable, and feasible with respect to the following; (a) Describe the techniques, procedures, and methodologies to be used; (b) Describe data collection, analysis, and means of relationship interpretation; (c) Describe expected results or outcomes; and (d) Describe the procedures for evaluating project efficacy, including fixed performance indices with probabilities for obtaining them. Explain how the applicant will meet the completion schedule identified in Section I.B.

c. Qualifications, Experience, and Past Performance – (Attachment B, Section III) - Describe who will carry out the project activities. List all project personnel, including consultants. Describe their responsibilities and the amount of time each will dedicate to the project. Briefly describe how their experience and qualifications are appropriate to successfully achieve the stated objectives.

3. Budget (Attachment C, Section IV). Please include a description of the cost share (cash vs. in kind). The budget should contain the following:

a. Salaries and Wages. Include all employees and their titles working on the project.

b. Fringe Benefits. Propose your rates/amounts. If rates are audit approved, include a copy of the audit agreement and/or the name of the audit agency. If more than one rate is used, lest each rate and the wage or salary base.

c. Consultant/Contracting Fees. Include payments for professional and technical consultants and contractors participating in the project.

d. Travel and Per Diem. For each trip, indicate the number of persons traveling, the total days they will be in travel status, and the total subsistence and transportation costs for that trip. Per diem rates shall not exceed maximum Federal rates. To view current Federal per diem rates, visit http://www.gsa.gov/Portal/gsa/ep/contentView.do?contentId=17943&contentType=GSA_BASIC and follow the links to per diem information.

e. Supplies and Materials. Include consumable supplies and materials to be used in the project, listing each item and quantity individually. Include items of expendable equipment, i.e., equipment costing less than $500 or with an estimated useful life of less than two years. Equipment costing more than that should be listed in the Other Costs category (Category G, below).

f. Services. This should include the cost of duplication and printing, long distance telephone calls, equipment rental, postage, and other services not previously listed.

g. Other Costs. List equipment items in excess of $500 and other items not previously listed. Note that equipment items worth less than $500 or that have a useful life of less than 2 years must be listed in the Supplies and Materials category.

h. Indirect Charges. If indirect costs will be charged to the grant, complete the table below with your current approved indirect cost rate and the direct costs it will be applied to. A copy of your most recent indirect cost rate must be attached if indirect costs will be requested.

C. Submission Dates and Times:

The electronic submission into Grants.gov is due by March 1, 2011 @ 4:30 p.m. Pacific Standard 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. 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 VII, 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 (by order of importance)

A. Evaluation Criteria

1. Budget:

a. The budget line items are appropriate, reasonable, allowable, well justified and commensurate with the level of effort needed to accomplish the project objectives.

b. The budget breakdown or narrative provides adequate justification for each budget category used. If equipment is requested by the applicant is it fully justified and necessary for the performance and completion of the project?

c. The applicant and other counterparts cash and in-kind matching funds or contributions are acceptable

2. Qualifications, Experience, Past Performance:

a. The qualifications and experience of the organization are evident, and appear to be adequate to achieve project goals and objectives.

b. The qualifications and experience of the Project Director/Principal Investigator to be assigned for direct work on the project are evident, and appear to be adequate to achieve project goals and objectives and will be available for work on this agreement.

c. The applicants past and current assistance awards show they have completed project goals.

3. Purpose, Objectives, and Relevance:

a. The proposal adequately describes why the project is needed by the recipient.

b. The objectives are well defined, measurable, and realistic for the project’s anticipated timeframe.

c. The benefits support the mission of the recipient and as well as a public benefit and can be tied to a BLM Performance Measure.

4. Technical Approach:

a. The project design contains enough detail to show the development of the project and the relationship between the partners, milestones, and goals. The roles and responsibilities of each partner are clearly articulated. The milestones are clear, and supported by a well thought-out schedule that supports the work to be accomplished for the duration of the project.

b. The proposed project’s importance/relevance and applicability are tied to the program goals. Is there value and importance to the program goals?

c. The work plan objectives are clear, suitable, and feasible with respect to the following:

(1) Techniques, procedures, and methodologies;

(2) Data collection, analysis, and means of interpretation;

(3) Expected results or outcomes; and

(4) Procedures for evaluating project efficacy, including fixed performance indices with probabilities for obtaining them.

d. The project proposal work plan is designed to produce the proposed outcomes and outputs. The outcomes are clearly stated and tied to intermediate outcomes as stated in the announcement.

B. Review and Selection Process :

Proposals will be reviewed by BLM personnel. All proposals for funding will be considered using the criteria outlined above. A summary of the review panel comments may be provided to the applicant if requested in writing within 5 days of notification of an unsuccessful proposal.

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) special terms and conditions; and (e) all agreement sections, documents, exhibits, and attachments; (f) and the recipient’s project proposal.

b. Amendments - The agreement may be amended 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, NTE amount, etc. or otherwise affect the recipient may be signed unilaterally by the GMO. Additionally, a unilateral amendment 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 shall be made by means of a bilateral amendment to the agreement. No oral statement made by any person, or written statement by any person other than the GMO, shall be allowed in any manner or degree to amend or otherwise effect the terms of the agreement.

All requests for amendment 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

10. Payments:

A. Financial Management Service’s (FMS), Automated Standard Application for Payment (ASAP) System. If recipient is registered in ASAP payments will be made through that system.

Payments will be made by the United States Department of Treasury, FMS, ASAP system. ASAP is a recipient-initiated, on-line payment and information system for Financial Assistance Agreements that is recipient initiated. 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 nine characters will be the agreement number. The remaining three characters will identify BLM funding line items. Drawdown of funds will be taken from specific lines on this agreement. An amendment will be stamped to indicate the appropriate line number for the drawdown.

Amounts of drawdown in the ASAP system will be made only in amounts 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_thompson@blm.gov at the BLM Business Services Division at the National Operations Center, and the Program Officer, SNPLMA Division, Robbie McAboy, rmcaboy@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.

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

d. Purchase funds for land acquisition projects will not be made available for drawdown until BLM verifies that all required acquisition processes as documented in the Implementation Agreement are complete. The implementing entity will be responsible for coordination with BLM throughout the acquisition process.

VII. PROJECT CLOSEOUT

In addition to the items required for Reporting Requirements, see section VIII below, the following shall also be submitted to closeout the project.

1. Closeout Letter signed by the Authorized Representative confirming that the subject project has been completed within the context project and the SNPLMA Implementation Agreement. This letter should also detail any unexpended amounts, which are to be de-obligated by the Grant Management Officer.

2. Enity Final Inspection/Acceptance Report.

3. Contractor and, if appropriate Subcontractor, notice of completion and release of claim.

4. Final SF-425 Federal Financial Report.

5. Final Project Cost Tracking Worksheet.

6. A copy of project’s final report or a summary of outcomes.

Prior to project closeout a SNPLMA Program Officer or Project Specialist will perform a final site inspection, and review the project files and financial records, with the designated entity staff.

C. Upon closeout, any remaining funds not expended will be de-obligated bilaterally by the GMO and the Authorized Representative.

VIII.

REPORTING REQUIREMENTS

A. Work Plan

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, and project target start and end dates. Also, the PWP shall include a schedule of periodic expenditures reflecting logical phases of the project. The PWP shall be updated annually at the end of the fiscal year.

B. Quarterly Status Update

The following reporting requirements are due on the 15th of the month, prior to the beginning of the next quarter as a part of the SNPLMA Division Work Plan and Quarterly Status Update Database submission.

Submit a Quarterly Status Update to report the progress on the deliverables detailed in the Project Work Plan. The update will include a description of the deliverable and the progress made in the quarter, percentage of deliverable complete, targeted start and end dates, and the actual start and end dates. This quarterly update must be submitted for BLM to authorize the next quarterly ASAP drawdown.

C. Quarterly Projected ASAP Funding Request

Submit a request for the projected amount of funding needed for each project cost reimbursement for the upcoming quarter.

D. Quarterly Project Detailed Cost Worksheet

Submit this worksheet current 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).

E. Federal Financial Report SF245 – Submit this report to the Program Officer, with a copy to the GMO.

F. Cover Letter

The cover letter must be signed by an Authorized Representative certifying the following:

a. The amount of projected funding, in total and per project, being requested for draw down in the following quarter.

b. Project compliance with the policies procedures and guidelines in the current SNPLMA Implementation Agreement, project nomination package, and project cooperative agreement.

G. The Southern Nevada District Office, SNPLMA Division and the GMO will review the above requirements for patterns of cash expenditures, including accelerated or delayed draw downs, and will assess whether performance or financial management problems exist. Before submitting Federal Financial Reports (FFRs) to the Southern Nevada District Office, SNPLMA Division, grantees must ensure that the information submitted is accurate, complete, and consistent with the grantee’s accounting system.